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6.1.E. - Page 22 <br />unless Contractor has expended a minimum of $150,000 on deferred <br />repairs and maintenance as described in the Survey or other repairs <br />and maintenance. Survey work shall be the first priority for use of the <br />funds until such work is completed. hi the second and third fiscal <br />years, Contractor shall become eligible for an additional $50,000 per <br />fiscal year after Contractor has expended, in each fiscal year, at least <br />$100, 000 on repairs and maintenance, making Survey work the first <br />priority. In the fourth and final fiscal year, after Contractor has <br />expended the remaining $50,000 from the Contractor's Capital Repair <br />Fund, Contractor shall become eligible for the remaining amount of up <br />to $50,000 from the County Repairs/Maintenance Fund. If Contractor <br />expends funds in excess of its annual minimum in any one fiscal year, <br />such excess amount shall be credited toward the minimum <br />expenditures for the following fiscal year(s) during the term of the <br />Third Amendment to the Services Agreement. Any unused County <br />funds of up to $50,000 per year will be held by County in the County <br />Repair /Maintenance Fund until such time as Contractor meets the <br />respective expenditure requirements. Any banked funds left over from <br />prior fiscal year(s) may be used by Contractor for maintenance and <br />repairs after minimum expenditure requirements have been met by <br />Contractor. The parties understand that all unexpended funds in the <br />County Repair /Maintenance Fund at the expiration of the term of this <br />Amendment, will be redistributed by County to County and Cities as <br />appropriate. Each repair or maintenance item contained in the annual <br />report is to be submitted with documentation as to the amount of funds <br />actually expended for such item. Once the allotment becomes <br />available, County agrees not to deny any reasonable <br />repair /maintenance projects and expenditures kept within the $50,000 <br />per year allotment. All repairs and maintenance performed or caused <br />to be performed by Contractor pursuant to this Section 7 shall be <br />ATTY /AGR /2011 /AMEN DIM ENTS /AMEND NO.3 ANIMAL CONTORL <br />060711 -19- <br />