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Contract - Costa Mesa, City of - 1978-07-12 if F I R S T M O D I F I C A T I O N A G R E E M E N T This FIRST MODIFICATION AGREEMENT entered into by and between CITY OF COSTA MESA , a municipal corporation , hereinafter referred to as "CITY" , and the COSTA MESA SANITARY DISTRICT, a district in the County of Orange organized under the Sanitary District Act of 1923, hereinafter referred to as "DISTRICT" on the last date affixed hereto. R E C I T A L S : WHEREAS , the CITY and DISTRICT did enter into that certain Agreement , dated December 19 , 1955 , pursuant to their joint powers , which Agreement is still in full force and effect : and WHEREAS , the parties intend and desire to continue the terms and conditions of said prior Agreement in all respects except as modified herein . NOW, THEREFORE, the parties hereto agree as follows : 1. That section 5 , subsection /8 be AMENDED to read as follows : "b) It is understood that the amounts budgeted by the DISTRICT for any salaries to the Manager and Secretary or other employee shall be included in the portion of the budget for operation and maintenance , and such sums shall be part of the amount paid to the CITY to reimburse the CITY for employees used by the CITY in carrying out its obligations under this agreement. It is further understood that the DISTRICT shall employ its own Engineer and Attorney at its own cost and that legal ser- vices and engineering services shall not be the obligation of the CITY under this agreement . " - 1 - • .J 2 . That except as modified herein all other terms and conditions are and shall remain the same as set forth in the original Agreement . Executed on the /2t4 day of , 1978 by the CITY. ATTEST: CITY OF COSTA MESA rni1. Y a trd ✓ �// // ity erk o the City o/ Aayor o the City o Costa Costa Mesa Mesa r..n 4 /972 COSTA MESA SANITARY DISTRICT • e +S TO FORM _ CITY ATTORNEY By — resident ATTEST: Secretary I