AMENDMENT TO AGREEMENT This Amendment to Agreement, (the "Amendment") is entered this & day of Fafa 199, by and between the OHIO ARTS & SPORTS FACILITIES COMMISSION (the "Commission") and the NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER (the "Local Sponsor"), an Ohio nonprofit corporation, with reference to the following: RECITAL! A. The Commission and the Local Sponsor entered into a certain Agreement (the "Original Agreement") dated June 19, 1998 pursuant to which the Commission agreed to grant $90,000 in general revenue funds of the State of Ohio (the "State") for the purpose of funding in part the schematic design phase of the architectural services for the National Underground Railroad Freedom Center facility (the "Center"). B. The source of the $90,000 that the Commission agreed to grant to the Local Sponsor pursuant to the Original Agreement was two appropriations (the "Appropriations") to the Commission by the Ohio General Assembly in Amended House Bill 748 (121% General Assembly), $166,668 in Line Item CAP-030 and $333,332 in Line Item CAP-029 for Cincinnati Riverfront Development. . The Commission has not committed to the expenditure of $76,668 of the Appropriations to any activity. The Local Sponsor has requested, and the Commission has agreed, that the Commission expend up to $166,668 in General Revenue Funds to cover additional costs associated with the Schematic Design Phase of architectural services for the Center and has authorized and directed, in accordance with Ohio law, by resolution No. R-98-10, dated November 12, 1998, its Chairman to negotiate, execute and deliver an Amendment to the Original Agreement with the Local Sponsor's Board of Trustees for the purpose of expending up to One Hundred Sixty-Six Thousand six Hundred sixty-Bight Dollars ($166,668) in General Revenue associated with the Schematic Design Phase of the architectural services for the Center, provided that such Amendment is approved as to form by the Attorney General's Office, the State Controlling Board approves the release of the funds and the Department of Administrative Services approves the process for selecting the architect. D. On duly 23, 1998, the Local Sponsor’s Board of Trustees adopted a resolution which authorized, directed and empowered the Local Sponsor’s Board of Trustees to negotiate, execute and deliver the within Amendment for and on behalf of the Local Sponsor. In consideration of the terms, covenants and conditions set forth herein, the parties hereto agree as follows: 1. Definitions. Words with initial capital letters used herein and not defined herein shall have the meanings ascribed to») ) them in the Original Agreement. Words with initial capital letters that are defined in this Amendment henceforth shall have the meaning in this Amendment and the Original Agreement ascribed to them in this Amendment. The Original Agreement, as amended by this Amendment, is hereafter referred to as the "Agreement." 2. Amendment. The State Contribution shall be "One Hundred Sixty-Six Thousand Six Hundred Sixty-Bight Dollars (§166,668)". In section 2.03 of the Original Agreement the words and figures "Forty-Five Thousand Dollars ($45,000)" are deleted nd the following is substituted: "Eighty-Three Thousand Three Hundred Thirty-Four Dollars ($63,334.00). 3. Ratification. Except to the extent amended by this Amendment, the Original Agreement remains in full force and effect. Executed as of the day and year first above written, in Frasi’ls county, Ohic. OHIO ARTS AND SPORTS FACILITIES COMMISSION (the "Commission" ) By:-O : Us 2, ade W. Kessler, Chairman STATE OF OHIO ) SS: COUNTY OF FRANKLIN } the foregoing instrument was acknowledged before me on febuers i, 199—%by John W. Kessler, the Chairman of the OHIO ARTS AND §BORTS PACILITIES COMMISSION, a commission of the State of Ohio organized and existing under the laws of Ohio, on behalf of the commission. ( iasieie ies Wotary/Public ce CE 0 TR, : me : eS) scones ke 13,200 NATIONAL UNDEKGROUND RAI-ROAD DirectorSTATE OF OHIO ) 8s: COUNTY OF HAMILTON ) The foregoing instrument was acknowledged before me on Nucnsse 0, 1998, by Edwin J. Rigaud, the Executive Director of the NATIONAL UNDERGROUND RAILROAD FREEDOM CENTER, an Ohio nonprofit corporation, on behalf of the corporation. Notary Public TRIC GRASHA Notary Public, State of Ohio Sonia re Se 30,208 Approved as to form only: BETTY D. MONTGOMERY, Attorney General By UL Upiie P. Emch, Assistant agtorney General