HomeMy WebLinkAboutCity Council Agenda Item No. 08CI "CY
LAKE LSINORf
�� L�REAh1 EXTR[>\1L
REPORT TO CITY COUNCIL
11W
FROM:
DATE:
HONORABLE MAYOR AND COUNCILMEMBERS
TOM EVANS, INTERIM CITY MANAGER
SEPTEMBER 25, 2012
SUBJECT: SECOND AMENDMENT TO EXTEND THE TERM OF THE
AGREEMENT FOR THE OPERATIONS AND MAINTENANCE OF
THE PHASE -II AERATION SYSTEM
Recommendations
Approve the Second Amendment to Extend the Term of the Agreement for the
Lake Elsinore Phase -II Aeration System and authorize the City Manager to
execute the agreement.
Backqround
In 2006, the City, EVMWD and County entered into an agreement to operate and
maintain the Phase -II Aeration System on Lake Elsinore. This agreement was due
to expire in June 30, 2011. The City Council approved the first amendment to the
agreement to extend the expiration until June 30, 2012 to allow time for
development and adoption of a Nutrient Trading Program by the TMDL Task Force
and the Santa Ana Regional Water Quality Control Board (SARWQCB). The
agreement to operate the Aeration System expired prior to the adoption of a
Nutrient Trading Program by the SARWQCB. The aeration system has been
continually operated by the three parties to the agreement in a good faith effort to
benefit the Lake.
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.
AGENDA ITEM NO. 8
Page 1 of 17
Extend Aeration Agreement
September 25, 2012
Page 2
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 program 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 MS4 Permitees, composed of the County and all the cities in the Lake
Elsinore Watershed have completed a Comprehensive Nutrient Reduction Plan
(CNRP) that is under review by the SARWQCB. The CNRP needs to be adopted
by the SARWQCB in support of the Nutrient Trading Program.
It is beneficial to the Lake and the City if the Phase -II Aeration System continues
to operate, until the pollutant trading program is in place. 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'12 -13. 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. This expense has been budgeted in
the General Fund budget for FY'12 -13.
Prepared by: Pat Kilroy, Director
Lake, Parks, and Recreation Department
Approved by: Tom Evans, Interim City Manager
Attachments:
• Second Amendment to Extend the Term of the Agreement for the Operation
and Maintenance of the Lake Elsinore Phase -II Aeration System
• 2006 Agreement for the O &M of the Lake Elsinore Phase -II Aeration
System
Page 2 of 17
Second 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 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 hereinafter 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).
The initial term (Section 6) of the existing AGREEMENT was for five years
and was scheduled to terminate on June 30, 2011 unless otherwise
extended by the PARTIES.
C. On May 1, 2011 the PARTIES agreed to change the expiration date from
June 30, 2011 to June 30, 2012 thereby extending the term of the original
AGREEMENT by one year (copy attached as Appendix B).
The PARTIES concur that it would be mutually beneficial to enact a long-
term O &M Agreement in order to ensure stable operation of the Phase II
aeration system and attract additional agencies to participate in the
project. Consequently, the PARTIES are actively engaged in developing a
draft of the long -term O &M Agreement
E. The PARTIES further concur that preparation of an appropriate long -term
O &M Agreement first requires the Regional Board to approve the
proposed Comprehensive Nutrient Reduction Plan (CNRP).
As of June 30, 2011 the Regional Board had not yet taken final action to
approve the CNRP; however, such approval is expected to occur prior to
the end of 2012.
G. The PARTIES believe it is essential to continue operation of the Phase II
aeration system, pending the Regional Board's final decision, as a show of
good faith and the PARTIES sincere commitment to improving water
quality in Lake Elsinore.
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:
i
a
AMENDMENT
1. Section 6 of the AGREEMENT shall be revised so that the initial term
expires on June 30, 2013 rather than June 30, 2012.
2. All other terms and conditions in the existing AGREEMENT shall remain
unchanged by this amendment to revise the aforementioned termination
date.
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 upon execution by all three
PARTIES.
IN WITNESS WHEREOF, the PARTIES have caused this Amendment to become effective by their
respective endorsements (below):
For the CITY OF LAKE ELSINORE
M
Titl
For ELSINORE VALLEY MUNICIPAL WATER DISTRICT
9
By
Tit]
For the COUNTY OF RIVERSIDE
z
Dated:
Dated:
Dated:
06/19!06
AGREEMENT FOR THE OPERATION AND MAINTENANCE
OF THE LAKE ELSINORE PHASE 11 AERATION SYSTEM
THIS AGREEMENT is made and effective this 5 � day of /;p-�t 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 ( "LESJWA "). 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 11 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:
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 lake 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
AUG
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
L.ESJWA 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 LESJWA. 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 PAR'T'IES_
NOW, THEREFORE, in consideration of the facts recited above, and the covenants,
conditions and promises contained herein, the PARTIES mutually agree as follows:
AGREEMENT
I . 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 COUNITY'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 6 of 17
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.
e. Monitoring and Remote Access to Data: To develop and, with the
approval of the Technical Oversight Committee, implement afield 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.
f 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 7 of 17
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.
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.
5. CITY's Obligations. The CITY agrees to:
Page 8 of 17
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.
C. 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 9 of 17
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.
S. 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 10 of 17
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, tease, 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.
e. 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.
f. 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 11 of 17
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.
Page 12 of 17
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:
Dated:
M
Mayor
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By
President, Board of Directors
COUNTY OF RIVERSIDE
Dated: August 1, 2006 By _,J4 e,Ge4Z&
Chairman, Board of Supervisors - Bob Buster
ATTEST: .Nancy Romero, Clerk of the Board
APPROVED AS TO FORM: Byeputy
B t nsel
L]
08.0 1.06 3.2
Page 13 of 17
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:
CITY OF ELSIN RE
B 1
Y
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By
President, Board of Directors
COUNTY OF RIVERSIDE
BY
APPROVED AS TO FORM:
By
Deputy County Counsel
Chairman, Board of Supervisors
0
Page 14 of 17
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.
C1TY.OF LAKE EISINORE
Dated:
Dated:
Dated: August 1, 2006
Mayor
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
a
President, Board of Directors
COUNTY OF RIVERSIDE
By J46 &�
Chairman, Board of Supervisors — Bob Buster
APPROVED AS TO FORM:
eputy County Counsel
ATTEST. ancy ��Roomero, Clerk of the Board
By (.l'�--�Li7 �CL'� Dep u ty
0
08.01.06 3.2
Page 15 of 17
Page 16 of 17
Page 17 of 17
VZIMRNI Na IIAIJ
pr
-
4
Page 17 of 17