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HomeMy WebLinkAbout102-Attachment 1 - Amendment.pdfFile: City of Saratoga X-File: 2030-11, 2030-4 Page 1 of 2 AMENDMENT NUMBER ONE TO THE JOINT USE AGREEMENT FOR WILDCAT CREEK AT GARDINER PARK This Amendment Number One to the Joint Use Agreement for Wildcat Creek at Gardiner Park” (“Joint Use Agreement”), between the City of Saratoga (“City”), a municipal corporation, and the Santa Clara Valley Water District (“District”), a California Special District, is entered into on this ____ day of ___________, 2010, (“Amendment Effective Date”) WHEREAS: The parties entered into the Joint Use Agreement, effective January 18, 2006; WHEREAS: Whereas under the Joint Use Agreement, City was provided the right to use certain District-owned real property described in Exhibit A of the Joint Use Agreement for recreational trail purposes; and WHEREAS: The parties now desire that additional District-owned real property along Wildcat Creek, generally extending from Gardiner Park to Springhill Court (described in Exhibit A of the Amendment One) become a part of the real property that City may use under the terms of the Joint Use Agreement. NOW THEREFORE, the parties hereby agree to the following: As of the Amendment Effective Date, the real property described in Exhibit A of this Amendment Number One becomes part of the Premises (as that term “Premises” is defined in Joint Use Agreement), and that real property described in Exhibit A of this Amendment Number One is subject to the terms and conditions of the Joint Use Agreement. Except as amended by this Amendment Number One, all other terms of the Joint Use Agreement will remain in full force and effect. The parties acknowledge and accept the terms and conditions of this Amendment Number One as evidenced by the following signatures of their duly authorized representatives. CITY OF SARATOGA APPROVED AS TO FORM: By:______________________ By:___________________ Dave Anderson Richard Taylor City Manager City Attorney ATTEST: By:_____________________ Ann Sullivan City Clerk (Signatures continued on second page) File: City of Saratoga X-File: 2030-11, 2030-4 Page 2 of 2 SANTA CLARA VALLEY WATER DISTRICT APPROVED AS TO FORM: By:___________________________ By:________________________ Beau Goldie Anthony Fulcher Chief Executive Officer Assistant District Counsel ATTEST: By:___________________________ Clerk/Board of Directors