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HomeMy WebLinkAboutCity Council Item No. 3CITY OF i LADE LSIIYOI DREAM REPORT TO CITY COUNCIL TO: HONORABLE MAYOR AND COUNCILMEMBERS FROM: ROBERT A. BRADY, CITY MANAGER DATE: JUNE 14, 2011 SUBJECT: AMENDMENT TO EXTEND THE TERM OF THE AGREEMENT FOR THE OPERATIONS AND MAINTENANCE OF THE PHASE-II AERATION SYSTEM Background In 2006, the City, EVMWD and County entered into an agreement to operate and maintain the Phase-II Aeration System on Lake Elsinore. The agreement is scheduled to expire on June 30, 2011. Discussion In December 2004, the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB), approved a resolution adopting the Lake Elsinore and Canyon Lake Nutrient Total Maximum Daily Load (TMDL) Program. On September 30, 2005, the TMDL Program was formally approved by the U.S. Environmental Protection Agency. The TMDL Program identified the major stakeholders in the watershed responsible for the ongoing nutrient enrichment of the lakes and mandated attainment of the water quality goals by 2020. In response to the TMDL regulations, the stakeholders in the watershed formed the TMDL Task Force in order to pool resources to implement phased solutions. A major part of the phased implementation program is to reduce the mass of nutrients recycling from the bottom sediments by operating and maintaining the Phase-II Aeration System on Lake Elsinore. A pollutant trading plan is currently being developed by the TMDL Task Force to allocate nutrient offset credits to watershed stakeholders in exchange for funding water quality improvement projects, such as the Phase-II Aeration System. The pollutant trading plan will not be completed and approved for approximately one year. AGENDA ITEM NO. 3 Page 1 of 15 Extend O&M Aeration System Page 2 of 2 June 14, 2011 It is beneficial to the Lake and the City if the Phase-II Aeration System continues to operate, while the pollutant trading plan is developed. Attached is a proposed amendment extending the Agreement for the Aeration System by one year. Fiscal Impact The total annual cost to operate and maintain the Phase-II Aeration System is approximately $390,000 for FY'11-12. The County, EVMWD and City would share equally in the O&M cost. Approval of this item will commit the City to pay a one-third cost share, in the amount of $130,000. Staff has included this allocation in the proposed General Fund budget for FYI 1-12. Recommendation Approve the amendment to extend the Agreement for the Lake Elsinore Phase-11 Aeration System and authorize the City Manager to execute the agreement. Approved by: Approved by: Attachments: Pat Kilroy, Director Lake, Parks & Recreation Department Robert A. Brady, City Managero Amendment to Extend the Term of the Agreement for the O&M of the Lake Elsinore Phase-II Aeration System. LEJSWA letter to the Regional Water Quality Control Board 2006 Agreement for the O&M of the Lake Elsinore Phase-II Aeration System Page 2 of 15 City of Lake Elsinore - City of Canyon Lake - County of Riverside Elsinore Valley Municipal Water District - Santa Ana Watershed Project Authority April 28, 2011 Ms. Hope Smythe Regional Water Quality Control Board 3737 Main Street, Suite 500 Riverside, CA 92501 RE: Draft Agreement for the Operation and Maintenance of the Lake Elsinore Phase H Aeration System Dear Ms. Smythe In conformance with the December 23, 2010, letter to the Regional Board regarding "Operation and Maintenance Agreements for Nutrient Reduction Projects in Lake Elsinore", we are formally enclosing a copy of the Draft Agreement for the Operation and Maintenance of the Lake Elsinore Phase II Aeration System. This draft Agreement extends the existing Agreement for one additional year to allow time for a pollutant trading plan to be developed. Upon completion of the pollutant trading plan, a mechanism will exist to credit other dischargers for their participation in the operation of the aeration system and it is expected that additional TMDL regulated dischargers will wish to become parties to the agreement. Thereafter, the mechanism for assuring long-term operation of the Aeration System in Lake Elsinore will be incorporated into the next revision of the agreement. It is also expected that the MS4s will recommend participation in the Aeration Agreement as part of the Comprehensive Nutrient Reduction Plan (CNRP) that the MS4s are obligated to submit to the Regional Board by December 31, 2011. Thank you for your consideration. If you have any questions or concerns regarding this agreement, please contact me at 951/354-4221. Respectfully submitted, " Mark Norton P.E., LEED AP LE/CL TMDL Task Force Administrator Cc: Mike Sbetler, Riverside County Executive Office Pat Kilroy, City of Lake Elsinore Ron Young, Elsinore Valley Municipal Water District 11615 Sterling Avenue Riverside, CA 92503 Phone 951/354-4220 Page 3 of 15 Lake Elsinore & San Jacinto Watersheds Authority Amendment to Extend the Term of the Agreement for the Operation and Maintenance of the Lake Elsinore Phase II Aeration System This amendment is made and effective this _ day of , 2011 by and among the COUNTY OF RIVERSIDE ("COUNTY"), the CITY OF LAKE ELSINORE ("CITY") and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT ("DISTRICT'). The COUNTY, CITY and DISTRICT are sometime collectively referred to as the "PARTIES." RECITALS A. The COUNTY, CITY and DISTRICT are PARTIES to an existing Agreement for the Operation and Maintenance of the Lake Elsinore Phase II Aeration System ("AGREEMENT') signed and made effective on August 1, 2006 (copy attached as Appendix A). B. The initial term (Section 6) of the existing AGREEMENT was for five years and is scheduled to terminate on June 30, 2011 unless otherwise extended by the PARTIES. C. By letter dated December 23, 2010 the PARTIES committed to submit a new Operations and Maintenance (O&M) Agreement for the Phase II Aeration System to the Santa Ana Regional Water Quality Control Board by April 30, 2011 (copy attached as Appendix B). D. The PARTIES concur that it is desirable to ensure the stable operation of the Phase II aeration system for the remainder of 2011 while a long-term O&M Agreement is being developed and additional project sponsorship is sought. NOW, THEREFORE, in consideration of the facts recited above, and the covenant, conditions and promises contained in the existing AGREEMENT, the PARTIES mutually agree as follows: AMENDMENT 1. Section 6 of the AGREEMENT shall be revised so that the initial term expires on June 30, 2012 rather than June 30, 2011. 2. All other terms and conditions in the existing AGREEMENT shall remain unchanged by this amendment to extend the initial term for a period of 12 months. Page 4 of 15 3. Consistent with Section 10-J of the AGREEMENT, this Amendment may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. 4. This Amendment shall become effective when it has been executed by all of the PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Amendment to be effective as of the day and year first above written. For the CITY OF LAKE ELSINORE By Title: For ELSINORE VALLEY MUNICIPAL WATER DISTRICT By For the COUNTY OF RIVERSIDE By Dated: Dated: Page 5 of 15 06/19/06 AGREEMENT FOR THE OPERATION AND MAINTENANCE OF THE LAKE ELSINORE PHASE It AERATION SYSTEM THIS AGREEMENT is made and effective this f5~-day of 4"~;u5 2006 by and among the COUNTY OF RIVERSIDE ("COUNTY"), the CITY OF LAKE ELSINORE ("CITY") and the ELSINORE VALLEY MUNICIPAL WATER DISTRICT ("DISTRICT'). The COUNTY, CITY and DISTRICT are sometime collectively referred to as the "PARTIES". RECITALS A. The COUNTY, CITY and DISTRICT are Member Agencies of the Lake Elsinore and San Jacinto Watersheds Authority, a joint powers public agency, formed for the purpose of implementing projects and programs to rehabilitate and improve the San Jacinto and Lake Elsinore Watersheds and the water quality of Lake Elsinore ("LESJ WA"). LESJWA has been awarded $15 million from the Safe Drinking Water, Clean Water, Watershed Protection and Flood Protection Bond Act of 2000 (the "Bond Act"). B. LESJWA is in the process of designing, constructing and installing a project commonly known as the "Lake Elsinore Phase II Aeration System", consisting of two compressor buildings, piping and two water quality buoys, all as depicted on Exhibit "I", attached hereto. The PARTIES entered into an agreement on February 11, 2003 for the Operation and Maintenance of a companion lake treatment system known as the Axial Flow Pump Destratification System which became operable in July 2004. The Destratification System and the Aeration System are intended to reduce fish kills and algal densities in Lake Elsinore by: 1. Preventing lengthy periods of thermal and chemical stratification; and 2. Increasing dissolved oxygen in Lake bottom waters. On December 20, 2004, The California Regional Water Quality Control Board, Santa Ana Region adopted the Lake Elsinore and Canyon Lake TMDL (Board Resolution R8-2004-0037) which addresses the water quality impairments in Lake Elsinore. The TMDL assumes that the proposed Aeration System and Destratification System will reduce internal phosphorus loading from lake bottom sediments by about 35%. The implementation plan for the TMDL assigns responsibility jointly and severally to all dischargers named in the TMDL for implementation of in-lake treatment technologies to prevent the release of nutrients from take sediments in Lake Elsinore. The TMDL implementation plan also contemplates the formulation of a nutrient pollutant trading plan amongst the named dischargers to provide flexibility in achieving TMDL compliance. In addition, Board Order R8-2004-0011 requires DISTRICT to offset excess phosphorus and nitrogen contributions associated with the discharge of supplemental water to Lake Elsinore. C. On April 20, 2006, the Board of Directors of LESJWA, utilizing Bond Act Funds, authorized the grant of $1,550,000.00 to the DISTRICT to construct the Aeration System by Page 6 of 15 contract with Metro Builders and Engineers Group, LTD ("Metro"). Metro bid $2,171,711.00, which bid amount, plus design, engineering and other expenses, exceeds funds available to LESJWA by $975,000, as shown in Exhibit 2. To close this financial gap in funding, the PARTIES propose to contribute the difference, $975,000, in equal shares. D. The Aeration System is expected to be operational by early 2007. Once operational, the Aeration System is expected to avoid the substantial adverse environmental and aesthetic impacts that result from harmful algae blooms and resultant fish kills which, in turn, hurt the economy of the region and severely impacts tourism. For those reasons, the PARTIES have agreed to share equally the cost of operating and maintaining the Aeration System. E. By separate agreement the DISTRICT has accepted the conveyance of title to the Aeration System from LF.SJWA. A true and correct copy of said agreement is attached hereto as Exhibit 3. F. By this Agreement, the PARTIES intend to form a technical committee to oversee the operation and maintenance of the Aeration System, and to set forth the terms and conditions by which the DISTRICT shall operate and maintain the System at the expense of the PARTIES. NOW, THEREFORE, in consideration of the facts recited above, and the covenants, conditions and promises contained herein, the PARTIES mutually agree as follows: AGREEMENT 1. Formation of the Technical Oversight Committee. As a means of ensuring the most optimal operation of the Aeration System in order to maximize its benefits, there is hereby established the "Technical Oversight Committee", consisting of one knowledgeable representative appointed by each PARTY. Each such representative shall serve as a member of the Committee at the appointing PARTY's pleasure and expense. The Committee shall meet at such times and places as its member may agree upon. The primary purpose of the Committee shall be to oversee the operations and maintenance activities of the DISTRICT, and to develop and refine parameters, processes and procedures needed to maximize the effectiveness of the Aeration System in a manner that will realize all of the benefits the System is anticipated to produce. Initially, the Committee shall operate the Aeration System in accordance with the operational parameters outlined on the "Lake Elsinore Aeration System Process Flow Diagram" attached hereto as Exhibit "4" and made a part hereof. 2. Capital Construction Contribution. The PARTIES shall, on a pro-rata basis and as described in Paragraphs 3(c), 4(a) and 5(a) below, jointly contribute in equal shares the total sum of $975,000 for the purpose of assisting in the funding of the construction of the Aeration System ("Contribution"). The COUNTY's share is due on or before 120 days from the award of the construction of the Aeration System. 3. DISTRICT's Obligations. Subject to all of the provisions of this Agreement, the DISTRICT hereby agrees: Page 7 of 15 a. Hold Title to Aeration System: To hold title to the Aeration System for the term of this Agreement. b. Provision of Services: To provide, or cause to be provided, all labor, tools, equipment, vehicles, materials, supplies and qualified personnel necessary to manage, operate, monitor, maintain and repair the Aeration System subject to the approved budget as set forth in Section 3.g., the PARTIES' payment of financial contributions as set forth herein, and the operation and maintenance parameters and procedures established from time-to-time by the Technical Oversight Committee. C. Financial Contribution: To contribute its pro-rata share (as established annually by mutual agreement of the PARTIES) of the cost of constructing, managing, operating, monitoring, maintaining and repairing the Aeration System. d. Compliance: To comply with the requirements of all federal and state statutes, rules and regulations governing the Aeration System, and the directions of the Technical Oversight Committee. C. Monitoring and Remote Access to Data: To develop and, with the approval of the Technical Oversight Committee, implement a field testing, sampling and monitoring program that will, among other things, measure dissolved oxygen and temperature in Lake Elsinore. To supply a remote access internet site for displaying monitoring information accessible by the PARTIES. This site shall include real-time data or recently past (i.e. 24 hours) information for viewing purposes only. The "real time" file will be replaced about every 15 minutes to provide a snap shot of the current data. All data collected will be placed on the DISTRICT FTP site accessible by the PARTIES. E Reports: To prepare and submit quarterly and annual reports summarizing operation, maintenance and monitoring activities and other matters of interest as agreed upon by the PARTIES. The DISTRICT shall also provide such other written or oral reports regarding the operation and maintenance of the Aeration System as may be reasonably requested by any PARTY; g. Budget: To prepare, in cooperation with the Technical Oversight Committee, and submit an annual budget to the COUNTY and the CITY, for review and approval not later than ninety (90) days before the commencement of any fiscal year (July I to June 30), which budget shall estimate the expenditures necessary for the operation, maintenance, repair and replacement of the Aeration System, and to provide a financial statement showing the revenues and expenditures from the previous year's budget. A form of such a budget is attached hereto as Exhibit "5". In the event a budget acceptable to the PARTIES is not obtained prior to the start of a fiscal year, the DISTRICT shall continue to operate the Aeration System to the fullest extent possible, within the reasonable discretion of the DISTRICT, at the level of expenditure authorized by the last approved budget, and the PARTIES shall fund such budget until a new budget is approved. Page 8 of 15 h. Books and Records: Maintain, and retain for a period of not less than four (4) years following termination of this Agreement, full and accurate books and accounts in accordance with the practices established by or consistent with those utilized by the Controller of the State of California for public agencies. Such books and accounts shall be maintained on a fiscal year basis (July I to June 30). Such books and accounts shall be maintained by the DISTRICT as public records. i. Safety: The DISTRICT shall be responsible for the safety of all persons and property relative to the Aeration System. This responsibility shall be continuous and not be limited to normal working hours. The DISTRICT's duty to ensure safety shall include, without limitation, the placement of buoys and lights and to take all other precautions necessary to protect boaters, skiers and swimmers in Lake Elsinore ("Safety Activities"). Because the CITY has rights and responsibilities related to recreation on Lake Elsinore not enjoyed by the DISTRICT, including but not limited to enforcement of CITY ordinances and the Lake Elsinore Lake Use Guidelines, Safety Activities conducted pursuant to this subparagraph shall not be completed without first obtaining the advice and approval of the CITY. The PARTIES acknowledge that some modifications to existing CITY ordinances and the Lake Use Guidelines may need to be undertaken in order to carry out the Safety Activities. j. Inspection: To permit inspection of the Aeration System by representatives of the COUNTY, CITY and/or LESJWA and regulatory agencies. k. Liaison: To designate the General Manager or his/her designee as the DISTRICT's representative on the Technical Oversight Committee; provided, however, the DISTRICT reserves the right to change, from time-to-time, this designation. 4. COUNTY's Obligations. The COUNTY agrees to: a. Financial Contribution: To contribute its pro-rata share (as established annually by mutual agreement of the PARTIES) of the cost of constructing, managing, operating, monitoring, maintaining and repairing the Aeration System. b. Liaison: To designate the County Executive Officer, or his/her designee, as the COUNTY's representative on the Technical Oversight Committee; provided, however, the COUNTY reserves the right to change, from time-to-time, this designation. C. Cooperation with the DISTRICT: The COUNTY shall cooperatively assist the DISTRICT, as appropriate and necessary, in performing its duties hereunder. CITY's Obligations. The CITY agrees to: Page 9 of 15 a. Financial Contribution: To contribute its pro-rata share (as established annually by mutual agreement of the PARTIES) of the cost of constructing, managing, operating, monitoring, maintaining and repairing the Aeration System. b. Liaison: To designate the City Manager or his/her designee as the CITY's representative on the Technical Oversight Committee; provided, however, the CITY reserves the right to change, from time-to-time, this designation. C. Cooperation with the DISTRICT: The CITY shall cooperatively assist the DISTRICT, as appropriate and necessary, in performing its duties hereunder. d. Permission to use CITY Property: The CITY hereby grants the DISTRICT permission to construct, install, operate and maintain the Aeration System on its property. The location of the Aeration System on CITY property is approximately depicted on Exhibit I and Exhibit 6. e. Temporary Permission to use CITY Property to Construct: The CITY hereby grants the DISTRICT temporary permission to use the CITY property to construct the Aeration System described as APN 374-211-04, APN 374-212-04 and the Acacia Street Right-of-Way as approximately depicted on Exhibit 6. 6. Term. The DISTRICT shall begin rendering services hereunder immediately following the date of completion of construction of the Aeration System (as signified by the issuance of a notice of completion by DISTRICT'S governing board) and shall continue to operate and maintain the System for an initial term terminating on June 30, 2011 (the "Initial Term"). Commencing 180 days prior to the expiration of the Initial Term, the PARTIES shall meet and confer in good faith in order to determine whether DISTRICT shall continue to render services hereunder for an additional term under such terms and conditions as shall be negotiated (the "Extended Term"). In the event that DISTRICT determines, in its sole and absolute discretion, not to render the services hereunder following the expiration of the Initial Term or discontinues its operational responsibilities as provided below, the CITY may, at its options, agree to render the services hereunder. In the event that City determines not to render the services hereunder, the COUNTY may, at its options, agree to render the services hereunder. The PARTY agreeing to operate the Aeration System, whether during the term of the Agreement or following termination of the Agreement, shall be granted, without charge or cost, full legal title to the Aeration System and any easement, licenses and permits for the CITY or COUNTY necessary to operate the Aeration System so long as and on the condition that PARTY does operate the Aeration System. A PARTY charged with the operation of the Aeration System may, in its reasonable discretion, discontinue its operational responsibilities in the event that operation of the Aeration System is infeasible due to material increases in operational costs, legal restrictions imposed by other regulatory agencies, or the inability of the Aeration System to provide material environmental Page 10 of 15 benefits to the Lake. This Section 6 shall survive the termination of the Agreement. 7. Distribution of Surplus Funds. If, upon termination of this Agreement there are any unexpended funds related to the purpose of this agreement, in the custody or control of the DISTRICT including, but not limited to, reserve funds, as depicted on Exhibit 5, or funds from the sale of the Aeration System equipment and material, such funds shall be distributed to the PARTIES in proportion to their respective financial contributions hereunder. 8. Nutrient Pollutant Mitigation Credits. The PARTIES are informed and believe that the California Regional Water Quality Control Board, Santa Ana Region, a water quality regulatory agency, may approve a pollutant trading program for the Lake Elsinore and Canyon Lake TMDL as provided in Task 12 of the TMDL. Moreover, it is the common understanding of the PARTIES that a pollutant trading program would necessarily involve pollutant credits based upon in-lake nutrient load reductions for phosphorus and nitrogen. In the event that the Aeration and/or Destratification Systems achieve internal nutrient load reductions of any level for nitrogen or in excess of the TMDL's 35% assumption for phosphorus then there may be an opportunity that the systems will create pollutant credits on behalf of the PARTIES based on their role as owners of the Aeration System. As a result, the PARTIES may have the right to trade pollutant credits for valuable consideration to other dischargers named in the TMDL. Therefore, the PARTIES agree that any such pollutant credits arising from the operation of the Aeration and/or Destratification Systems shall be allocated among the PARTIES in equal shares or in such other proportions as the PARTIES may mutually agree upon. The PARTIES further agree that the DISTRICT shall have the right of first refusal to acquire for valuable consideration any pollutant credits for phosphorous or nitrogen sought to be traded by the CITY or COUNTY to other dischargers named in the TMDL. DISTRICT'S right of first refusal shall only extend to those pollutant credits that DISTRICT seeks to use for the exclusive purpose of meeting its legal obligations under Board Order R8-2004-0011 in connection with the discharge of supplemental water to Lake Elsinore. 9. Indemnification. a. DISTRICT agrees to fully indemnify the COUNTY, CITY, and LESJWA against, and hold each of them and their respective employees and agents completely free and harmless from any cost, expense, claim, demand, judgment, loss, injury and/or liability of any kind or nature, including personal injury, death or property damage, asserted, or otherwise, whether in contract or tort, that may arise from, directly or indirectly, or be occasioned by, or be in any way connected with the DISTRICT's performance, and/or failure to perform, under this Agreement of the maintenance and operation of the Aeration System or any negligent act or omission of the DISTRICT, its employees, agents and/or subcontractors. b. CITY agrees to fully indemnify the COUNTY, DISTRICT, and LESJWA against, and hold each of them and their respective employees and agents completely free and harmless from any cost, expense, claim, demand, judgment, loss, injury and/or Page 11 of 15 liability of any kind or nature, including personal injury, death or property damage, asserted, or otherwise, whether in contract or tort, that may arise from, directly or indirectly, or be occasioned by, or be in any way connected with the CITY's performance, and/or failure to perform, under this Agreement or any negligent act or omission of the CITY, its employees, agents and/or subcontractors. C. The indemnification obligations set forth in subparagraph "a", above, shall cease and be of no further effect if, and at the time, the DISTRICT decides to no longer render the services described above pursuant to the provisions of Paragraph 6, if the DISTRICT no longer owns the Aeration System, or upon termination of this Agreement. The indemnification obligations set forth in subparagraph "b", above, shall cease upon termination of this Agreement. 10. Miscellaneous Provisions. a. Independent Contractor: The DISTRICT shall perform the services required hereunder in the DISTRICT's own way as an independent contractor, and not as an employee of the COUNTY or the CITY. b. Subcontractors: The DISTRICT may, at its sole cost and expense, employ such competent and qualified professionals, consultants and subcontractors as the DISTRICT deems necessary- c. Disposition of System. The DISTRICT shall not abandon, substantially discontinue the use of, lease, assign or otherwise dispose of the Aeration System or any significant part or portion thereof, during the useful life of the Project without the prior approval of the COUNTY, CITY and LESJWA. d. Amendment. This Agreement may be amended in writing by mutual agreement of the PARTIES. This is the entire Agreement between the PARTIES and supersedes any prior written or oral agreement inconsistent herewith. C. No Third Party Beneficiary. This Agreement between COUNTY, CITY and DISTRICT is intended for the mutual benefit of the three signing PARTIES only. No rights are created under this contract in favor of any third party or any party who is not a direct signatory to this contract. E Venue and Attorneys' Fees. Any action at law or in equity brought by any of the PARTIES hereto for the purpose of enforcing a right or rights provided for by this Agreement shall be tried in a court of competent jurisdiction in the County of Riverside, State of California, and the PARTIES hereby waive all provisions of law providing for a change of venue in such proceedings to any other county. In the event any of the PARTIES hereto shall bring suit to enforce any term of this Agreement to recover any damages for and on account of the breach of any term or condition of this Agreement, it is mutually agreed that the prevailing party in such action shall recover all costs thereof including reasonable attorneys' fees to be set by the court in such action. Page 12 of 15 g. Assignment. It is mutually understood and agreed that this Agreement shall be binding upon each of the PARTIES and their successors. Neither this Agreement nor any part thereof may be assigned by any party without the prior written consent and approval of all PARTIES. h. Notices. All notices, requests, consents, approvals or other communications between the parties in connection with this Agreement shall be deemed given if addressed to the recipient party at its last known address and, with postage prepaid, deposited in the United States mail. The current addresses of the PARTIES are as follows: City County City of Lake Elsinore County of Riverside Attn: City Manager Attn: Executive Office 130 S. Main Street 4080 Lemon Street Lake Elsinore, CA 92530 Riverside, CA 92501 District Elsinore Valley Municipal Water District Attn: General Manager 31315 Chaney Street Lake Elsinore, CA 92531 Each party, upon notice to the others, may from time to time change its mailing address. i. Severability. If any provision of this Agreement shall be determined by any court to be invalid, illegal or unenforceable to any extent, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this Agreement. j. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original and together shall constitute one and the same instrument. lII Page 13 of 15 k. Effective Date. This Agreement shall become effective when it has been executed by all of the PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be effective as of the day and year first above written. CITY OF LAKE ELSINORE Dated: By Mayor ELSINORE VALLEY MUNICIPAL WATER DISTRICT Dated: By President, Board of Directors COUNTY OF RIVERSIDE Dated: August 1, 2006 By _P Chairman, Board of Supervisors - Bob Buster ATTEST: Fancy Romero, Clerk of the Board APPROVED AS TO FORM: Deputy B r~ eputy County Counsel 08.01.06 Pqe 14 of 15 k. Effective Date. This Agreement shall become effective when it has been executed by all of the PARTIES. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be effective as of the day and year first above written. Dated: Dated: Dated: APPROVED AS TO FORM: By Deputy County Counsel CITY OF L ELSIN R//E B 1 v Y ELSINORE VALLEY MUNICIPAL WATER DISTRICT BY President Board of Directors COUNTY OF RIVERSIDE By Chairman, Board of Supervisors Page 15 of 15