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2nd Addendum to MOU with Kleiner for Well Relocation and Water RightsSECOND ADDENDUM TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE JULIUS M. KLEINER MEMORIAL PARK TRUST AND THE CITY OF MERIDIAN THIS SECOND ADDENDUM TO THE MAY 1, 2012 MEMORANDUM OF UNDERSTANDING "MOU" is made and entered into on the �� y T ( ) � � da of �uc,u s 2013, by and between The Julius M. Kleiner Memorial Park Trust, UTA, Dated April 5, 2007 ("Trust") and The City of Meridian, Idaho ("City"), to memorialize the satisfaction of certain obligations contained in the Agreement. The parties hereby agree as follows: 1. Well Relocation. The well relocation obligations contained in Section 1 of the MOU have been fulfilled by Trust and the fund transfer contingency contained therein is hereby extinguished. City and Trust acknowledge that the obligations contained in the Well Sharing Agreement (Ada County Instrument Number 108087272) have not been transferred to the City and it is the responsibility of the Trust to provide Termination Notice and fulfill any other applicable obligations under the Well Sharing Agreement when and if deemed necessary by the Trust. SECOND ADDENDUM TO MEMORANDUM OF UNDERSTANDING - 1 2. Water Rights. State of Idaho Water Right No. 63-33613 referenced in Section 5 of the MOU has been successfully split to reflect ownership change and on August 1, 2013, the City of Meridian received Notice of Ownership Change in Water Right No. 63-33658 (formerly a portion of Water Right No. 63-33613). ALL OTHER PROVISIONS OF THE MOU REMAIN THE SAME. IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written. THE JULIUS M. KLEINER MEMORIAL PARK TRUST, UTA, DATED APRIL 5, 2007 BOQ-t�1--. I �� Y• Michael E. Huter, Co -Trustee By: L�<, Elden E. Gray, Co -Trustee CITY OF MERIDIAN, IDAHO By: Tammyeerd, Mayor -, -�- &I SECOND ADDENDUM TO MEMORANDUM OF UNDERSTANDING - 2