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The World Bank 1818 H Street N.W. (202) 473-1000
INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT Washington, D.C. 20433 Cable Address: INTBAFRAD
INTERNATIONAL DEVELOPMENT ASSOCIATION U.S.A. Cable Address: INDEVAS
June 29, 2011
CONFORMED COPY
Mr. Ramiro Batzin
President
Asociación Sotz’il
4o. Callejón Final casa #195
Colonia San Rafael Zona 2.
Chimaltenango, Guatemala C. A.
Re: Guatemala: Development Marketplace Multi Donor Trust Fund (MDTF): Empowering Guatemala’s Indigenous Communities to Secure Climate Change Resilience Project (Grant No. TF097649)
First Amendment to the Grant Agreement
Dear Mr. Batzin:
We refer to the Grant Agreement for the above-captioned Project between Asociación Sotz’il (the “Recipient”) and the International Bank for Reconstruction and Development and the International Development Association (collectively, “World Bank”) as administrator of grant funds provided under the Multi Donor Trust Fund (MDTF) which supports DM2009, dated December 14, 2010, (the “Grant Agreement”). Please note that capitalized terms used in this letter (the “Amendment Letter”) and not defined herein have the meaning ascribed in them in the Grant Agreement.
Pursuant to your letter dated April 1, 2011 to the World Bank to amend the Agreement, we are pleased to inform you that the World Bank agrees to hereby amend the Agreement as follows:
1. The third paragraph of the Grant Agreement is amended to read as follows:
“The Recipient represents, by confirming its agreement below, that it is authorized to enter into this Agreement and to carry out the Project in accordance with the terms and conditions set forth or referred to in this Agreement. The Recipient further represents that it has obtained a letter of intent from Conservation International (as defined in the Annex to this Agreement) dated April 5, 2011 indicating its commitment to provide to the Recipient an amount equivalent to thirty three thousand twenty United States Dollars (U.S.$ 33,020) to assist in the financing of activities complementary to the Project.”
2. The last paragraph of the Grant Agreement is amended to eliminate the condition of effectiveness related to the Subsidiary Agreement, to read as follows:
“This agreement shall become effective upon: (i) receipt by the World Bank of a countersigned copy of this Agreement; and (ii) dispatch by the World Bank of a notice of effectiveness to the Recipient.”
3. Section 2.02 of the Annex to the Grant Agreement is amended to read in its entirety as follows:
“2.02. Project Execution Generally. The Recipient declares its commitment to the objectives of the Project. To this end, the Recipient shall carry out the Project in accordance with the provisions of: (a) Article II of the Standard Conditions; (b) the “Guidelines on Preventing and Combating Fraud and Corruption in Projects Financed by IBRD Loans and IDA Credits and Grants”, dated October 15, 2006 (“Anti-Corruption Guidelines”), with the modifications set forth in the Appendix to this Agreement; and (c) this Article II.”
4. Section 2.03 of the Annex to the Grant Agreement is amended to read in its entirety as follows:
“2.03. Institutional and Other Arrangements. For the purpose of carrying out Project, the Recipient shall:
(a) prior to carrying out the Project activities, develop a mechanism, acceptable to the World Bank, to ensure full and effective participation of the Selected Indigenous Communities in the Project activities; and
(b) refrain from taking any action that requires or implies restrictions of access to natural resources or the alteration of traditional land use and obligations.”
Please confirm your agreement with the foregoing amendment by signing and dating two originals of this Amendment Letter in the spaces provided below. The provisions set forth in this Amendment Letter shall become effective as of the date of the countersignature upon receipt by the World Bank of one fully executed original of this Amendment Letter.
Sincerely,
INTERNATIONAL BANK FOR
RECONSTRUCTION AND DEVELOPMENT
INTERNATIONAL DEVELOPMENT ASSOCIATION
By p.p. Trina Haque
C. Felipe Jaramillo
Director
Central America
Latin America and the Caribbean Region
AGREED:
ASOCIACIÓN SOTZ’IL
By: /s/ Ramiro Batzin
Authorized Representative
Title: President and Legal Representative
Date: July 1, 2011