Agmt 2003 Alameda County Flood & Water Conservation District

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~~ Amendment No. 1 r,. ~' , r .. ~. ~ .. v To Agreement Between the ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT and the CITY OF SAN LEANDRO The Agreement dated for reference August 8, 1995, by and between the ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, through its duly authorized representative, referred to as the DISTRICT, alid the CITY OF SAN LE.~NDRO, ~ through its duly authorized representatives, referred to as the CITY, is hereby amended as follows: ""~° I. RECITALS The COUNTY and the CITY entered into an agreement, executed by the CITY on May 15, 1995 (City Resolution No. 95-87), and executed by the DISTRICT on August 8, 1995 (County Resolution No. R-96-56, Contract No. C-96-57) ("Agreement") whereby, the DISTRICT will accept and maintain the Storm Water Lift Station and Detention Pond (SWLSDP) constructed in conjunction with Tracts 6636 and 6648 and other considerations, and whereby, the CITY will annually remit funds to the DISTRICT for the operation and maintenance and long term capital replacement fund of the SWLSDP and additional funds as needed for the maintenance of the Detention Facility, and other considerations. II. AMENDMENT The Parties hereby agree to modify the Agreement to include the Storm Water Detention Pond 2 facility built in accordance with the improvement plans for Tract 6809. The City shall deposit na later than June 1st of each year an amount not to exceed $25,000.00 for operation and maintenance of the facilities for that year, if any. The amount of the estimate shall be furnished to the City pursuant to Paragraph No. 3 under the District's obligations under the Agreement. Any request by the District to increase in the not-to-exceed amount set forth in this section shall be governed by the provisions of this same Paragraph 3 of the Agreement. All remaining provisions of the subject agreement shall remain in full force and effect. III. EXECUTION Il~T WITNESS WHEREOF, the parties hereto, thereunto duly authorized have executed this modification of agreement as of the day and year first above written. COUNTY OF ALAMEDA a By: President, Board of Supervisors CITY OF SAN LEANDRO ~--° erinanis, City Manager