Marshland Flood Control District 11/13/2018 Amendment 2

PROVIDED, that during the 2018 Original Term Extension and the 2019 Original Term Extension, that approximately seventy-two and sixty-four hundredths percent (72.64%) of the District's Ditch, Pond and Canal Operating Costs will be allocable to sediment from Increased Hillside Runoff. Section 5 Subsection 7.2 "Anticipated Pump Plant O&M Operating Costs Attributable to Increased Hillside Runoff"of the Original Agreement last amended by Amendment 1, is amended to add the following: ALSO PROVIDED, that during the 2019 Original Term Extension, the parties agree that,for 2019,twenty-three and twenty hundredths percent(23.20%)of the District's Pump Plant O&M Operating Costs will be attributable to additional surface water flow that comes into the Marshland Drainage Basin from Increased Hillside Runoff. Section 6 Subsection 7.3 "Anticipated Pump Electricity Operating Costs Attributable to Increased Hillside Runoff", last amended by Amendment No. 1, is amended to add the following: ALSO PROVIDED, that during the 2019 Original Term Extension, the parties agree that,for 2019,twenty-three and twenty hundredths percent(23.20%)of the District's Pump Electricity Operating Costs are attributable to additional surface water flow that comes into the Marshland Drainage Basin from Increased Hillside Runoff Section 7 Subsection 9.3 "Amount of Increased Hillside Runoff Pump Plant Capital Improvement Fund Contribution," last amended by Amendment No. 1, is amended to add the following: ALSO PROVIDED, that during the 2019 Original Term Extension, the parties agree that,for 2019,twenty-three and twenty hundredths percent(23.20%)of the District's pump-related Operating Costs will be attributable to the additional surface water flow that comes into the Marshland Drainage Basin from Increased Hillside Runoff Accordingly, the parties agree it is appropriate for the calendar year 2019, to allocate responsibility for twenty-three and twenty hundredths percent (23.20%) of the annual Pump Plant Capital Improvement Fund Contribution to the Upland Area. Twenty-three and twenty hundredths percent (23.20%) of Forty-Four Thousand One Hundred Forty Six Dollars ($44,146) equals approximately Ten Thousand Two Hundred Forty Two Dollars ($10,242). This amount shall be referred to as the "Increased Hillside Runoff Pump Plant Capital Improvement Fund Contribution for 2019." Section 8 Subsection 9.4 "Amount of the County's Increased Hillside Runoff Pump Plant Capital Improvement Fund Contribution Payment," last amended by Amendment No. 1, is amended to add the following: ALSO PROVIDED, that during the 2019 Original Term Extension, the parties agree that the County's proportionate share of the Increased Hillside Runoff Pump Plant Capital Improvement Fund Contribution for 2019 shall be equal to sixty-nine percent AMENDMENT NO.2 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT Page 3 of 6