AMENDMENT LETTER 1 RELATING TO FUNDING AGREEMENT
Between (1)
Crown Infrastructure Partners Limited, company number 2346751 (
CIP)
and
(2)
Ruapehu District Council (the
Recipient)
Date
2021
Background
1.
CIP and the Recipient are party to a funding agreement dated 26 May 2021, relating to Social Housing
(project reference Q1282) (the
Agreement).
2.
CIP and the Recipient have agreed to enter into this letter to amend the Agreement.
3.
Unless the context otherwise requires, terms defined or construed in the Agreement have the same
definition or construction when used in this letter.
Amendments to Funding Agreement
4.
With effect from the date of this letter, the Agreement is amended as follows:
(a)
The table in ‘Part C: Project Milestones and Project deliverables for each such Project Milestone’ in
Schedule 1: Project is deleted and replaced with the following:
Completion
Project Milestone
Project Milestone
Maximum
Recipient Co-
Date
Heading
Payment
Funding
Milestone NZD$
Instalment NZ$
plus GST (if any)
plus GST (if
any)
1
7 May 2021
Resource Consent
Resource Consent Obtained. [s9(2)(i)]
Nil
& Contract for
Develop Design (houses)
Civils and Build
and Build (Civils and Build)
Obtained
Contract signed
2
30 July 2021
Site Investigations
Additional site works to
Nil
& Civil Design
support the design. All
Complete
services identified. Civil
design, including
earthworks, roading, 3
waters, power and
communications complete
(the Initial Funding
Milestone)
3
16 August
Building Consent
Building consent obtained –
Nil
2021
Obtained
1st week of June (the Site
Works Commencement
Milestone)
4
30
Civil Construction
Civil – site clearance, bulk
Nil
[s9(2)(a)]
November
and Housing
earthworks for foundations
2021
Construction -
complete
progress 1
Construction - Foundations
and floor structure
complete, Wall framing
complete
5
28 February
[s9(2)(i)]
Civil Construction
Civil – Drainage work
Nil
2022
and Housing
complete
Construction -
progress 2
Construction - Roofing and
exterior wall linings
complete.
6
31 May
Civil Construction
Civil – car parking and
Nil
2022
and Housing
roading complete
Construction -
progress 3
Construction – Interior
linings complete and
kitchens / bathrooms
installed
7
31 August
Practical
Practical Completion of the
Nil
2022
Completion
Six Council Owned Social
Houses (the Practical
Completion Milestone)
Total cumulative $2,175,000
Nil
Total Project Costs $2,175,000
Plus the amount of any excess costs
that are permitted to be paid out of
the Contingency Funding Limit in
the circumstances described in
clause 1.6.
(b)
References in the Agreement to “this Agreement” shall be references to the Agreement as
amended by this letter.
Miscellaneous
5.
Other than as amended by this letter, the Agreement remains in full force and effect.
6.
This letter is to be governed by the laws of New Zealand, and the parties submit to the non-exclusive
jurisdiction of the courts of New Zealand.
7.
This letter may be executed in any number of counterparts (including scanned and emailed copies). So
long as each party has received a counterpart signed by each of the other parties, the counterparts
together shall constitute a binding and enforceable agreement. Where the Recipient has transmitted to
CIP an electronic copy of this letter (whether by email or otherwise) CIP is entitled to rely on the contents
of that electronic copy as accurately reproducing the original and on that electronic copy (including the
signatures) being authentic and complete.
[s9(2)(a)]
2
AMENDMENT LETTER 2 RELATING TO FUNDING AGREEMENT
Between (1)
Crown Infrastructure Partners Limited, company number 2346751 (
CIP)
and
(2)
Ruapehu District Council, a territorial authority listed in Part 2 of Schedule 2 to the Local
Government Act 2002 (the
Recipient)
Date
2022
8 February 2023 ===
Background
1.
CIP and the Recipient are party to a Funding Agreement dated 26 May 2021, relating to the Social Housing
(project reference Q1282) as varied by amendment letter 1 dated 19 November 2021 (the
Agreement).
2.
CIP and the Recipient have agreed to enter into this letter to amend the Agreement.
3.
Unless the context otherwise requires, terms defined or construed in the Agreement have the same
definition or construction when used in this letter.
Amendments to Funding Agreement
4.
With effect from the date of this letter, the Agreement is amended as follows:
(a)
Item 4 (funding) of Part 1: Key Details is amended by adding the following to the end of this item:
The parties acknowledge that they have agreed that all of the available Contingency Funding (being
$230,000 plus GST (if any)) may be paid in accordance with the terms of this Agreement (the
Utilised Contingency). The Utilised Contingency has been included in the Maximum Payment
Milestone NZD$ plus GST (if any) figures set out in the table in Part C: Project Milestones and Project
deliverables for each such Project Milestone.
(b)
The table in ‘Part C: Project Milestones and Project deliverables for each such Project Milestone’ in
Schedule 1: Project is deleted and replaced with the following:
Completion
Project Milestone
Project Milestone
Maximum
Recipient Co-
Date
Heading
Payment
Funding
Milestone NZD$
Instalment NZ$
plus GST (if any)
plus GST (if
any)
1
7 May 2021
Resource Consent
Resource Consent Obtained. [s9(2)(i)]
Nil
& Contract for
Develop Design (houses)
Civils and Build
and Build (Civils and Build)
Obtained
Contract signed
2
30 July 2021
Site Investigations
Additional site works to
Nil
& Civil Design
support the design. All
Complete
services identified. Civil
design, including
earthworks, roading, 3
waters, power and
communications complete
(the Initial Funding
Milestone)
3
16 August
Building Consent
Building consent obtained – [s9(2)(i)]
Nil
2021
Obtained
1st week of June (the Site
Works Commencement
Milestone)
4
30
Civil Construction
Civil – site clearance, bulk
Nil
November
and Housing
earthworks for foundations
2021
Construction -
complete
progress 1
Construction - Foundations
and floor structure
complete, Wall framing
complete
5
28 February
Civil Construction
Civil – Drainage work
Nil
2022
and Housing
complete
Construction -
progress 2
Construction - Roofing and
exterior wall linings
complete.
6
31 May
Civil Construction
Civil – car parking and
Nil
2022
and Housing
roading complete
Construction -
progress 3
Construction – Interior
linings complete and
kitchens / bathrooms
installed
7
31 August
Practical
Practical Completion of the
Nil
2022
Completion
Six Council Owned Social
Houses
8
28 February
Upgrading of
The supply and installation
Nil
2023
Existing 8 Units
of double glazed windows
(Progress 1)
and doors, and progress on
other items (wheelchair
access, upgrading wet
areas, floor covering).
9
31 April
Upgrading of
Practical Completion of the
Nil
2023
Existing 8 Units
Eight existing Council
(Completion)
Owned Social Houses
(the Practical Completion
Milestone)
Total cumulative $2,405,000
Nil
Total Project Costs $2,405,000
(c)
References in the Agreement to “this Agreement” shall be references to the Agreement as
amended by this letter.
Miscellaneous
5.
Other than as amended by this letter, the Agreement remains in full force and effect.
2
6.
This letter is to be governed by the laws of New Zealand, and the parties submit to the non-exclusive
jurisdiction of the courts of New Zealand.
7.
This letter may be executed in any number of counterparts (including scanned and emailed copies). So
long as each party has received a counterpart signed by each of the other parties, the counterparts
together shall constitute a binding and enforceable agreement. Where the Recipient has transmitted to
CIP an electronic copy of this letter (whether by email or otherwise) CIP is entitled to rely on the contents
of that electronic copy as accurately reproducing the original and on that electronic copy (including the
signatures) being authentic and complete.
SIGNATURES SIGNED for and on behalf of
CROWN INFRASTRUCTURE PARTNERS
LIMITED by the persons named below, being
persons duly authorised to enter into
obligations on behalf of Crown Infrastructure
Partners Limited:
[s9(2)(a)]
Name: Graham Mitchell
Position: CEO
Date: 8 February 2023
SIGNED for and on behalf of
RUAPEHU DISTRICT COUNCIL by the person
named below, being a person duly authorised
to enter into obligations on behalf of the
Recipient:
[s9(2)(a)]
Name: Clive A Manley
Position:
Chief Executive, Ruapehu District Council
Date: 2022
8 February === 2023
3