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AMENDMENT NO. 2 <br />TO <br />MANAGEMENT AGREEMENT <br />BETWEEN <br />DIKING IMPROVEMENT DISTRICT NO. S AND THE CITY OF EVERETT <br />This Amendment No. 2 to Management Agreement ("Arnenthnent") is dated for <br />reference purposes January 31, 2020, and is between the CITY OF EVERETT (the "City") and <br />the DIKING IMPROVEMENT DISTRICT NO. 5 (the "District" ). <br />RECITALS <br />A. The City and District are parties to the Management Agreement dated October 8, <br />2007, as amended by Amendment No. 1 (the "Agreement"). As stated by Section I of the <br />Agreement, the Agreement provides for on -going maintenance and, as mutually agreed, capital <br />improvement of dikes and other infrastructure. <br />B. The Agreement provides two management zones within the District. Zone A is <br />located at approximately 12`h Street NE and South and includes the City's Water Pollution <br />Control Facility. Zone B includes the rest of the District located generally north of Zone A. The <br />City separately tracks the cost of work performed for the District in Zone A and Zone B. <br />C. The parties' practice during the term of the Agreement has been for the District to <br />pay the City $20,000 per year for maintenance and management of the dikes and flood control <br />Facilities in Zone A. The purpose of this Amendment is to formalize that practice. <br />AGREEMENT <br />The Parties agree as follows: <br />A. Zone A Work. The City will perform management and maintenance activities on <br />the dikes and flood control facilities in Zone A at its discretion as stated in the Agreement. The <br />District will pay the City $20,000 per year for this work in Zone A. <br />B. Full Force and Effect. Except as amended in this Amendment, the Agreement <br />remains in full force and effect in its entirety. <br />,(Remainder^ of Page Blccnlr /Signntac� es Below) <br />