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r '' <br />SECOND AMENDIVIENT <br />TO <br />GROUNDWATER STORAGE PROGRAM FUNDING AGREEMENT <br />BY AND AMONG <br />THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, <br />ORANGE COUNTY WATER DISTRICT, AND <br />MUNICIPAL WATER DISTRICT OF ORANGE COUNTY <br />THIS SECOND AMENDMENT TO THE GROUNDWATER STORAGE <br />PROGRAM FUNDING AGREEMENT, dated as of Lune 25, 2003, is entered into on <br />,q;? w,tyM.,,S.~r..~__~_`_~> , 2005 by and among The Metropolitan Water District of Southern California, <br />a public entity of the State of California, the Orange County Water District, a water district of the <br />State of California and the Basin Manager for the Orange County Basin, and the Municipal <br />Water District of Orange County, a municipal water district of the State of California. <br />i. RECITALS <br />A. Since execution of the Agreement in June 2003, and the execution of the First <br />Amendment on ~.~~~~+' ~ ; ~~:~:~- ,Metropolitan has pursued design of the Yorba Linda <br />Feeder Bypass as committed in its approval of the Program and indicated in Recital F of <br />the Agreernent. Paragraph IV.A. l .b. of the Agreement also addresses the Yorba Linda <br />Feeder Bypass and specifies that "If the cost estimates for construction of the Yorba <br />Linda Feeder Bypass and the subsequent increase in the Maximum Storage Amount is <br />greater than 5% over the 2003 estimate of $6.8 million and 63,000 AF, then Program <br />Agency and Metropolitan shall review and consult on alternatives to determine what <br />course of action to take." <br />B. 1n December 2044, Metropolitan determined that the cost of the Yorba Linda Feeder <br />Bypass would increase to $8.7 million based on bids received for construction of the <br />facility. In accordance with Agreement paragraph IV.A.I.b., Metropolitan reviewed <br />alternatives with Program Agency and Member Agency on the course of action to take. <br />This Second Amendment documents agreed-upon changes to the Groundwater Storage <br />Program resulting from this review. <br />C. The Orange County Water District, Municipal Water District of Orange County, and <br />Metropolitan have entered into the Groundwater Storage Program :Funding Agreement <br />and desire by this Second Amendment to make certain changes to such Agreement, while <br />otherwise continuing the Agreement as amended in full force and effect. <br />NOW THEREFORE, ii is mutually agreed that the fallowing changes are hereby made to <br />the Agreement: <br />~,WVVL uvC...~ ---- <br />