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AMENDMENT NO. 2 <br /> TO <br /> MANAGEMENT AGREEMENT <br /> BETWEEN <br /> DIKING IMPROVEMENT DISTRICT NO. 5 AND THE CITY OF EVERETT <br /> This Amendment No. 2 to Management Agreement ("Amendment") 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 1 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 12th 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 Blank/Signatures Below] <br /> 1 <br /> ._.._._..____........ <br />