1 AMENDMENT ONE TO LEASE
(OCWD WELL MBI-2)
THIS AMENDMENT is made and entered into as of day of 2024 by and between the CITY OF ANAHEIM , a municipal corporation (hereinafter, the “Lessor ”) and the ORANGE COUNTY WATER DISTRICT , a political subdivision of the State of California (hereinafter, the “Lessee”):
RECITALS
WHEREAS, on June 18, 2013, Lessor and Lessee entered into a written Lease (“Lease”) to install, construct, reconstruct, redevelop, inspect, maintain, operate, and improve one injection well, pipeline and appurtenant facilities, collectively hereafter ("Injection Well"), for the purpose of recharging the underlying groundwater basin with GWRS Water, including egress from and ingress to the Injection Well over the Property, commencing January 2, 2013 and expiring January 2, 2043; and s hould L essor terminate the Lease, with written notice, shall reimburse Lessee for the initial construction cost incurred by Lessee for the construction of the Injection Well on a straight line depreciation basis, calculated over the initial 20 year term from the Commencement Date of this Lease; and a s an alternative to reimbursement, Lessor may develop similar facilities on other Lessor land, subject to Lessee approval; and
WHEREAS, the Lessee now wishes to use a portion of the Premises to install cameras, pole, solar panels, and related equipment to observe water flow in the Santa Ana River; and
NOW, THEREFORE, in consideration of the matters set forth in the foregoing recitals and the terms, covenants and conditions hereinafter contained, the parties do hereby agree as follows:
1. 1.1 ( Lease): The following subsection is added to Paragraph 1.1.2 (Use of Lease Premises) under the Lease:
1.1.2.1 Lessee shall have the right to use the southerly portion of the Premises, as depicted in the revised Exhibit “A” attached hereto, to install, construct, maintain, and operate, one pole, cameras, solar panels, hardware necessary to support power and communications , and appurtenant equipment, collectively hereafter (“Camera”) , for the purpose of observing the water flow in the Santa Ana River, including egress from and ingress to the Camera over the Leased Premises , commencing upon the execution of this Amendment to Lease.
2. Each and every other term, covenant and condition of the Lease, as amended, not herein expressly modified is hereby ratified and confirmed and shall remain in full force and effect.
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2 IN WITNESS WHEREOF, the parties hereto have executed the Amendment to Lease as of the day and year first hereinabove written.
“LESSOR”
CITY OF ANAHEIM,
a municipal corporation
By: _________________________________
Ashleigh Aitken, Mayor
Date: ________________________________
ATTEST:
By: _________________________________
Theresa Bass, City Clerk
Date: ________________________________
APPROVED AS TO FORM:
ROBERT FABELA, CITY ATTORNEY
By: ________________________________
Date: ________________________________
151499
“LESSEE”
ORANGE COUNTY WATER DISTRICT,
a political subdivision of the State of California
By: _________________________________
Cathy Green, President
Date: ________________________________
By: _________________________________
Michael R. Markus P.E., General Manager
Date: ________________________________
APPROVED AS TO FORM:
By: ________________________________
General Counsel for
Orange County Water District
Date: ________________________________
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