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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 SECOND AMENDMENT TO AGREEMENT BETWEEN THE
SANTA CLARA VALLEY HABITAT AGENCY AND THE CITY OF SAN JOSE
FOR BURROWING OWL HABITAT MANAGEMENT
AT THE SAN JOSE-SANTA CLARA
REGIONAL WASTEWATER FACILITY
This Second Amendment to the Agreement between the Santa Clara Valley Habitat Agency and the City of San José for Burrowing Owl Habitat Management at the San José-Santa Clara Regional Wastewater Facility (“Second Amendment”) is entered into as of ________________, 2026 (“Effective Date”) by and between the Santa Clara Valley Habitat Agency (“AGENCY”), a California joint powers agency, and the City of San José (“CITY”), a California municipal corporation.
RECITALS
WHEREAS, on August 2, 2016, CITY and AGENCY entered into an agreement entitled “Agreement between the Santa Clara Valley Habitat Agency and the City of San José for Burrowing Owl Habitat Management at the San José-Santa Clara Regional Wastewater Facility” (“Agreement”); and
WHEREAS, on June 25, 2025, CITY and AGENCY entered into a First Amendment to the Agreement (“First Amendment”); and
WHEREAS, CITY and AGENCY desire to amend the Agreement a second time to extend the term of the agreement, revise the Management Plan, and update the Release and Waiver of Liability form to include a section for minors;
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
SECTION 1. Section 1, “Management Plan,” is amended to read as follows:
“AGENCY shall perform management activities specified in detail in Second Revised Exhibit B entitled “Burrowing Owl Habitat Management Plan” (“Management Plan”), which is attached and incorporated.”
SECTION 2. Section 2, “Term of Agreement,” is amended to read as follows:
“The term of this Second Amendment shall be from July 1, 2026 – June 30, 2031, inclusive, subject to the provisions of Section 9 of this Agreement.”
SECTION 3. Revised Exhibit B, “Burrowing Owl Habitat Management Plan,” is amended to read as shown in Second Revised Exhibit B, which is attached and incorporated into this Second Amendment.
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 2 SECTION 4. Exhibit C, “Release and Waiver of Liability” is amended to read as shown in Revised Exhibit C, which is attached and incorporated into this Second Amendment.
SECTION 5. All of the terms and conditions of the original Agreement and First Amendment not specifically modified by this Second Amendment shall remain in full force and effect.
SECTION 6. Unless otherwise prohibited by law or City policy, the Parties agree that an electronic copy of a signed contract, or an electronically signed contract, has the same force and legal effect as a contract executed with an original ink signature. The term “electronic copy of a signed contract” refers to a writing as set forth in Evidence Code Section 1550. The term “electronically signed contract” means a contract that is executed by applying an electronic signature using technology approved by the City.
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 3 The Parties whose signatures are affixed below are fully authorized to have executed this Second Amendment:
APPROVED AS TO FORM:
By ______________________________
VALERIE J. ARMENTO
General Counsel
“AGENCY”
SANTA CLARA VALLEY HABITAT AGENCY,
a California joint powers agency
By ______________________________
EDMUND SULLIVAN
Executive Officer
APPROVED AS TO FORM:
By ______________________________
WESLEY KLIMCZAK
Senior Deputy City Attorney
“CITY”
CITY OF SAN JOSE, a California municipal
corporation
By _______________________________
EMILY LAM
Director of Administration, Policy and
Intergovernmental Relations
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 Second Revised Exhibit B, Burrowing Owl Habitat Management Plan (“Management Plan”)
SAN JOSE-SANTA CLARA REGIONAL WASTEWATER FACILITY BURROWING
OWL MANAGEMENT PROJECT PROPOSAL
July 1, 2026 – June 30, 2031
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DRAFT--Contact the Office of the City Clerk at (408) 535-1260 or [email protected] for final document. 1 Revised Exhibit C – Release and Waiver of Liability
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