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Amendment No. 2 to Agreement No. D08-042 AMENDMENT NO.2 TO PROPOSITION 111 CITY AGREEMENT This AMENDMENT NO. 2 TO CITY AGREEMENT No. D08-042 ("Agreement") is made and entered into this day of , 2010, by and between the County of Orange, California, a political subdivision of the State of California ("County"), and the City of Santa Ana, a municipal corporation in the State of California ("City"). The County and City shall sometimes be referred to separately as a "Party" and collectively as the "Parties." RECITALS WHEREAS, on June 17, 2008 the County entered into Agreement No. D08-042 for the City to receive as aid, a portion of the County's Proposition 1 B First Allocation in order to fund necessary roadway improvements in the City that are in the general County interest; WHEREAS, on September 29, 2009 the County and City executed Amendment No. 1 to D08-042 to provide City with an additional $1,019,381 to fund other necessary roadway improvements in the City that are in the general County interest; WHEREAS, the total County's Proposition 113 First Allocation funds shared with the City is $2,019,381; WHEREAS, such funds were deposited with the City on July 15, 2008 and December 24, 2009; WHEREAS, the City completed its projects with a total cost of $1,590,592.98, which resulted in a surplus of $526,167; WHEREAS, the City wishes to redirect the surplus of $526,167 to the Golden Circle Street Pavement Rehabilitation Project; and WHEREAS, the City and County mutually agree to redirect the surplus of $526,167 to the Golden Circle Street Pavement Rehabilitation Project. IT IS MUTUALLY UNDERSTOOD BY THE PARTIES THAT: Exhibit A (Revision 2) has been revised to redirect the surplus of $526,167 to the Golden Circle Street Pavement Rehabilitation Project. All other conditions and requirements of Agreement No. D08-042 and its Amendment No. 1 remain in full force. 2 tg Sf 3