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HomeMy WebLinkAboutC-2464C zyc,y _ z 111co - xo AMENDATORY AGREEMENT EXTENDING CYCLIC STORAGE AGREEMENT BETWEEN CITY OF ARCADIA AND MAIN SAN GABRIEL BASIN WATERMASTER This AMENDATORY AGREEMENT extending the INDIVIDUAL PARTY CYCLIC STORAGE AGREEMENT is made as of the 4th day of February, 20014, between CITY OF ARCADIA, herein referred to as "Producer," and the MAIN SAN GABRIEL BASIN WATERMASTER, a court empowered entity appointed by the Superior Court of the State of California in and for the County of Los Angeles, in connection with Civil Action No. 924128 entitled, "Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al.," herein referred to as " Watermaster." RECITALS A. Watermaster and Producer entered into an Individual Producer Cyclic Storage Agreement ( "Agreement ") as of March 3, 2004, for the purpose of giving Producer the ability to store up to 5,000 acre -feet of State Water Project water in the Main San Gabriel Basin. The Agreement expired March 3, 2009. B. Pursuant to the provisions of Paragraph 10, the Agreement provides for extensions for additional terms, not to exceed five years each, by mutual consent of the parties. The agreement was extended for an additional five years expiring February 4, 2014. C. The parties desire to extend the term of the Agreement for an additional five years and continue the benefits that the Agreement provides. COVENANTS Pursuant to the provisions of Paragraph 10 of the Agreement, the term of the Agreement is hereby extended to and including February 4, 2019. 2. Except as hereby amended, the Agreement shall remain in full force and effect. Upon execution, this Amendatory Agreement shall be effective as of February 4, 2014. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be duly executed by its authorized officers. MAIN SAN GABRIEL BASIN WATERMASTER ATTEST: By: 00 4�� Secretary APPROVED AS TO FORM AND EXECUTION: Q, Attorney for Watermaster CITY OF ARCADIA M. ATTEST: DO �� 7:t- J, vocr S D c -c L+64 -( AMENDATORY AGREEMENT EXTENDING CYCLIC STORAGE AGREEMENT BETWEEN CITY OF ARCADIA AND MAIN SAN GABRIEL BASIN WATERMASTER This AMENDATORY AGREEMENT extending the INDIVIDUAL PARTY CYCLIC STORAGE AGREEMENT is made as of the 4th day of March, 2009, between CITY OF ARCADIA, herein referred to as "Producer," and the MAIN SAN GABRIEL BASIN WATERMASTER, a court empowered entity appointed by the Superior Court of the State of California in and for the County of Los Angeles, in connection with Civil Action No. 924128 entitled, "Upper San Gabriel Valley Municipal Water District v. City of Alhambra, et al.," herein referred to as " Watermaster." RECITALS A. Watermaster and Producer entered into an Individual Producer Cyclic Storage Agreement ( "Agreement ") as of March 3, 2004, for the purpose of giving Producer the ability to store up to 5,000 acre -feet of State Water Project water in the Main San Gabriel Basin. The Agreement expired March 3, 2009. B. Pursuant to the provisions of Paragraph 10, the Agreement provides for extensions for additional terms, not to exceed five years each, by mutual consent of the parties. C. The parties desire to extend the term of the Agreement for an additional five years and continue the benefits that the Agreement provides. COVENANTS Pursuant to the provisions of Paragraph 10 of the Agreement, the term of the Agreement is hereby extended to and including March 3, 2014. 2. Except as hereby amended, the Agreement shall remain in full force and effect. 3. Upon execution, this Amendatory Agreement shall be effective as of March 3, 2009. IN WITNESS HEREOF, the parties hereto have caused this Agreement to be duly executed by its authorized officers. ATTEST: UZZ Secretary MAIN SAN GABRIEL BASIN WATERMASTER wo APPROVED AS TO FORM AND EXECUTION: Attorney for Watermaster CITY OF ARCADIA By: ATTEST: Pat Mallov Assistant City Manager/ Public Works Services Director 1 I X11w ►. M � fl[L INDIVIDUAL PARTY CYCLIC STORAGE AGREEMENT THIS AGREEMENT, entered into as of this,3ie'a day of MA4g# 2004, by and between CITY OF ARCADIA (herein referred to as "Producer ") and the MAIN SAN GABRIEL BASIN WATERMASTER, a court appointed entity established by the Superior Court of the State of California in and for the County of Los Angeles, (herein referred to as "Watermaster"). RECITALS A. Water rights have been adjudicated in the Main San Gabriel Basin (herein referred to as "the Basin ") according to the Judgment in Los Angeles County Superior .Court; Civil Action No. 924128 entitled "Upper San Gabriel Valley Municipal Water District vs. City of Alhambra, et al." Said Judgment established Watermaster as the court empowered entity responsible for managing the Basin and authorized Watermaster to purchase Supplemental Water for replenishment of the Basin (herein referred to as "Supplemental Water"). Such purchase of Supplemental Water shall be made through three Responsible Agencies, as defined in the Judgment, which have a source of Supplemental Water to the Basin. B. Spreading, injecting or otherwise recharging water in the Basin is restricted according the Section 25 of the amended Judgment; however, pursuant to Section 34(n) of said Amended Judgment, Watermaster is authorized to enter into cyclic storage agreements, to be approved by the Court, for utilization of ground -water storage capacity in the Basin for cyclic or regulatory storage of Supplemental Water, for subsequent recovery and use or Watermaster credit by the storing entity, with all such agreements to be in accord with Uniform Rules and Conditions adopted by Watermaster. C. To provide for the spreading of water for cyclic storage, Watermaster and the Los Angeles County Flood Control District have heretofore entered 1 1106-80 C,-a46q VMW '"404 into an agreement whereby the Flood Control District will undertake the responsibilities associated with actual spreading operations in the Basin. D. The following cyclic Storage Agreement is made pursuant to the Uniform Rules and Conditions adopted by Watermaster. COVENANTS NOW THEREFORE, in consideration of the mutual promises, covenants and conditions hereinafter set forth, the parties hereto do hereby agree as follows: 1. Definitions The definitions contained in the above - mentioned Judgment are hereby incorporated by this reference and made a part hereof. 2. Agreement Status The rights granted under this Agreement shall have priority for storing water and responsibilities for losses of stored water in accordance with Watermaster's Uniform Rules and Conditions of Cyclic Storage Agreements. 3. Delivery, Amount, and Ownership of Stored Water Producer may, subject to the conditions hereinafter set forth, request that Watermaster cause to be spread in the Basin State Project Water which will be stored for Producer's account until such time as needed by Producer to meet Supplemental Water requirements placed on it by Watermaster. The amount of water to be stored in the Basin for Producer hereunder shall not exceed 5,000 acre -feet at any point in time. Producer shall acquire and retain during the term hereof (or any extensions thereof) ownership of all water stored for its account hereunder until such time as said water is produced by Producer, transferred by Watermaster as a credit to Producer's subsequent Replacement Water obligation or lost pursuant to Section 2 hereof. 4.0 Watermaster Control of Spreading, Storage, and Use of Stored Water All water stored for Producer's account pursuant to this Agreement shall be ordered by Watermaster through a Responsible Agency and spread by 2 1i 'ri the Los Angeles County Flood Control District in accordance with its said agreement with Watermaster. The time, place, and amount of such spreading within the Basin shall be approved in advance by Watermaster provided that when the water level of the Baldwin Park Key Well is at or above elevation 250 Watermaster shall not allow Supplemental Water to be spread in the Basin unless otherwise approved by the Court or shall limit such spreading activities to specific spreading grounds. 4.1 Criteria for Delivery of Supplemental Water Water delivered pursuant to this agreement shall be subject to Watermaster's "Criteria for Delivery of Supplemental Water," January 1996, adopted by Watermaster Resolution 4 -96 -138, April 3, 1996. 4.2 Controls by Watermaster Notwithstanding any other provisions of this Agreement, Watermaster reserves the right to order the cessation or reduction in delivery rate of water being spread for cyclic storage if, in its judgment, Watermaster determines: a. that water previously authorized to be stored under this Cyclic Storage Agreement would cause the elevation of the ground water in the Basin to adversely affect the Basin's highest utilitarian operations; or b. that such cessation or reduction in delivery rate is necessary to prorate the cyclic storage rights of all Cyclic Storage Agreements in the Basin; or C. that the spreading of Supplemental Water to meet Replacement Water requirements would be jeopardized by the continued spreading of water for cyclic storage when considering the necessity to protect the elevation of the Baldwin Park Key Well. 4.3 Reports of Water Deliveries Upon Watermaster's receipt of notice from the Responsible Agency that the water has been delivered, Watermaster shall provide Producer with a statement of water credited to Producer's account for storage. Subsequent to Watermaster's statement to Producer, Watermaster will 3 %AW '"0 note the balance of water in Producer's account in Producer's quarterly production report. 5. Loss of Water Watermaster shall determine and assign losses in water stored for Producer's account in the Basin, assuming that cyclic stored water floats on top of the groundwater supplies. Such losses shall be determined by accounting for all losses of natural water which would have replenished the Basin had water not been in cyclic storage, and Watermaster shall apportion such losses among all storing entities pursuant to and in accordance with Watermaster's Uniform Rules and Conditions governing cyclic storage. 6. Payment Provisions Producer shall pay to Watermaster the established rates for Supplemental Water to be delivered into Producer's Individual Party Cyclic Storage Account. Watermaster will order Supplemental Water from the Responsible Agencies and will pay the Responsible Agencies' established rates for Supplemental Water. 7. Accounting for Removal of Water from the Basin Watermaster shall account for the removal of water by the Producer from the Basin as follows: a. The first water which a Producer produces from the Basin in a Fiscal Year shall be Carry-over of unused rights in accordance with Section 49 of the Judgment which provides that "The first water in the succeeding Fiscal Year shall be deemed produced pursuant to such Carry-over Rights. "; b. The next such water so produced shall be temporary transferred water rights, if any; C. The next such water so produced shall be a Producer's share of the Operating Safe Yield for that Fiscal Year; d. The next such water so produced shall be a Producer's water stored pursuant to a valid Individual Party Cyclic Storage Agreement. 4 8. Rent, or Offset Credit It is hereby agreed that there is no charge, rent, assessment or expense incurred by reason of the storage rights granted hereunder, nor is there any credit or offset for the benefits thereof, nor shall there be any charge for the use of physical facilities including service connections, flood control channels, spreading basins or hydrologic services utilized in connection with the storage rights granted herein. 9. Indemnity Clause Producer shall save and hold harmless Watermaster and its officers, agents, and employees from any and all costs, damages or liability resulting or alleged to result from the storage of water pursuant to this Agreement and shall provide Watermaster with the defense or costs of defense of any action brought against Watermaster, its officers, agents, or employees arising or alleged to arise by reasons of the storage of water in the Basin for Producer's account. 10. Term The term of this Agreement shall commence on the day, month, and year first above written and shall terminate five years thereafter unless previously terminated or extended as hereinafter provided. By the mutual agreement of the parties hereto, and without further court approval, this Agreement may be extended for additional terms, not to exceed five years each, provided Watermaster shall report its intention to consider an extension of this Agreement in its minutes of a meeting held prior to its meeting when any such extension request shall be acted upon. 11. Effective Date of Agreement This Agreement shall become effective only upon Court approval hereof and Watermaster shall petition the Court for such approval. 12. Termination For a material breach hereunder, any party hereto may terminate this Agreement upon thirty (30) days' written notice to the other parties hereto. 5 09 13. Notices n Any notice required hereunder may be given by mail, postage, prepaid, addressed as follows: TO: Main San Gabriel Basin Watermaster Attn: Executive Officer 725 North Azusa Avenue Azusa, California 91702 TO: City of Arcadia Attn: Pat Malloy, Public Works Services Director P.O. Box 60021 Arcadia, California 91066 -6021 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed by its authorized officers. MAIN SAN GABRIEL BASIN WATERMASTER By: tot - - � I rA MK_ Chairman ATTEST: By: L; L�� ecretary APPROVED AS TO FORM AND EXECUTION: — a Attorney for Watermaster 6 . • ' fir' "w/� CITY OF ARCADIA By: ATTEST: By: