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<br />04-SM-1O1 KP 6.0/17.7 <br />Reclaimed Water Line <br />4-245-2357 Al <br />District Agreement No. 4-1933-Al <br />Document No. 015348 <br /> <br />DUPLICATE <br />ORIGINAL <br /> <br />AMENDMENT TO CONTRIBUTION AGREEMENT <br /> <br />TIUS AMENDMENT NO.1 TO TIlE CONTRIBUTION AGREEMENT ENTERED INTO ON June 6, <br />2002, between the STATE OF CALIFORNIA, acting by and through its Department of <br />Transportation, referred to herein as "STATE", and REDWOOD CI1Y, a charter city and a <br />municipal corporation of the State of California, referred to herein as "CI1Y", is amended <br />effective fE:bru á,rtJ 14.) ZbC(p , as follows: <br /> <br />RECITALS <br /> <br />1. <br /> <br />The parties hereto entered into an Agreement (District Agreement No. 4-1933-C, Document <br />No. 015348) on June 6, 2002, defining the terms and conditions of a project to construct <br />auxiliary lanes on each side of Route 101 from the Marsh Road Interchange (KP 5.8) to <br />Ralston Avenue Interchange (KP 9.6) and a Class I bicycle path, referred to herein as <br />"PATH", in Redwood City and the City of San Carlos in San Mateo County, said <br />improvements being referred to therein as "PROJECT". <br /> <br />2. <br /> <br />CI1Y has been authorized to place a 24-inch Reclaimed Water (Water) line, hereinafter <br />referred to as "IMPROVEMENT', within the PATH. <br /> <br />3. <br /> <br />The aforementioned Agreement sets terms defining responsibilities for IMPROVEMENT, <br />and it has been determined that clarification of said terms is required as respects the <br />parties' rights and duties relative to the future supply of that Water to STATE. <br /> <br />IT IS TIlEREFORE MUTUALLY AGREED: <br /> <br />1. <br /> <br />New articles 11 and 12 are added to Section II to read as follows: <br /> <br />11. In the event future construction or improvement of Route 101 necessitates the <br />relocation or removal of IMPROVEMENT, the CI1Y will relocate or remove the <br />same at CI1Y's sole expense. <br /> <br />12. CI1Y agrees that Water costs charged to STATE will never exceed 80% of the cost <br />of potable water delivered to any other CI1Y customer and that the allocation to <br />STATE is superior to other subsequent users and Water supply will not be <br />diverted or reduced so as to render STATE's converted water delivery system <br />unusable. <br /> <br />1 <br />