Marshland Flood Control District 10/11/2017 Amendment 1

Section 10 Subsection 9.6 "Amount of the District's Pump Plant Capital Improvement Fund Contribution"of the Original Agreement is amended to add the following: PROVIDED, that during the 2018 Original Term Extension, the parties agree that the portion of the annual Pump Plant Capital Improvement Fund Contribution that is not allocable to the Upland Area pursuant to Section 9.3 above shall be the responsibility of the District. Specifically, the District shall be responsible for seventy-six and eighty hundredths percent (76.80%) of the annual Pump Plant Capital Improvement Fund Contribution. Seventy-six and eighty hundredths percent (76.80%) of Forty-Four Thousand One Hundred Forty Six Dollars ($44,146) equals approximately Thirty-three Thousand Nine Hundred Four Dollars ($33,904). Accordingly, the District's portion of the Pump Plant Capital Improvement Fund Contribution for each calendar year during the Term of this Agreement shall be Thirty-Three Thousand Nine Hundred Four Dollars ($33,904). The District shall pay its portion of the Pump Plant Capital Improvement Fund Contribution into the Pump Plant Capital Improvement Fund on or before November 30th of 2018. Section 11 Subsection 11.3.2 of the Original Agreement is amended to add the following: PROVIDED, that during the 2018 Original Term Extension, the parties agree that if any portion of the Grant Funds is used for Ditch, Pond and Canal Operating Costs, then seventy-two and sixty-four hundredths percent(72.64%)of that portion of the Grant Funds shall be deducted from the payment obligations of the County and the City for the Increased Hillside Runoff Ditch, Pond and Canal Operating Costs, according to their respective shares of the Increased Hillside Runoff Ditch, Pond and Canal Operating Costs, as calculated in Section 7.1 and Section 8 above. Section 12 Subsection 11.3.3 of the Original Agreement is amended to add the following: PROVIDED, that during the 2018 Original Term Extension, the parties agree that if any portion of the Grant Funds is used for Pump Plant O&M Operating Costs, then twenty-three and twenty hundredths percent (23.20%) of that portion of the Grant Funds shall be deducted from the payment obligations of the County and the City for the Increased Hillside Runoff Pump Plant O&M Operating Costs, according to their respective shares of the Increased Hillside Runoff Pump Plant O&M Operating Costs, as calculated in Section 7.2 and Section 8 above. Section 13 Subsection 11.3.4 of the Original Agreement is amended to add the following: PROVIDED, that during the 2018 Original Term Extension, the parties agree that if any portion of the Grant Funds is used for Pump Electricity Operating Costs,then twenty- three and twenty hundredths percent (23.20%) of that portion of the Grant Funds shall be deducted from the payment obligations of the County and the City for the Increased Hillside Runoff Pump Electricity Operating Costs, according to their respective shares of AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT REGARDING HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT Page 4 of 11