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CITY <br /> AMENDMENT NO. 1 <br /> TO <br /> MANAGEMENT AGREEMENT <br /> BETWEEN <br /> DIKING IMPROVEMENT DISTRICT NO. 5 AND THE CITY OF EVERETT <br /> This Amendment to Management Agreement("Amendment") is dated for reference <br /> purposes June 30, 2016, and is between the CITY OF EVERETT (the"City") and the DIKING <br /> IMPROVEMENT DISTRICT NO. 5 (the "District"). <br /> RECITALS <br /> A. The City and District are parties to the Management Agreement(the <br /> "Agreement") dated October 8, 2007. As stated by Section 1 of the Agreement, the Agreement <br /> provides for on-going maintenance and, as mutually agreed, capital improvement of dikes and <br /> other infrastructure. <br /> B. As currently written, it is unclear whether the Agreement covers improvements <br /> and capital improvements outside of District boundaries. Because there is infrastructure outside <br /> of District boundaries that may benefit the District,the purpose of this Amendment is to clarify <br /> that the Agreement covers maintenance and improvements outside of the District. <br /> AGREEMENT <br /> The Parties agree as follows: <br /> A. Work Outside of District. To the extent allowed by law,the Agreement covers <br /> maintenance and capital improvement activities outside of the District. All such work outside of <br /> District boundaries shall be administered in the same manner as the second management zone <br /> ,(Zone B, District Facilities), referenced under the Agreement Section 3. <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 Blank/Signatures Below' <br /> 1 <br />