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Amendment No. 2 to the Cost Sharing Agreement by and Among the Los Angeles Department of Water and Power, Crescenta Valley Water District, and Cities of Glendale, Burbank, and San Fernando Regarding the Allocation of Costs of Watermaster Services and Watermaster’s Legal Services for the Upper Los Angeles River Area Groundwater Basins
This Amendment No. 2 to the Cost Sharing Agreement (Amendment No. 2) is made by and among the City of Los Angeles Department of Water and Power (LADWP), the Crescenta Valley Water District (CVWD), and the Cities of Glendale, Burbank, and San Fernando (individually Party and collectively, Parties).
RECITALS
The Parties
entered into that certain Cost Sharing Agreement regarding the allocation of costs of Watermaster Services and Watermaster’s Legal Services for the Upper Los Angeles River Area (ULARA) Groundwater Basins (Cost Sharing Agreement), effective as of January 1, 2018.
In or about January 2021, the Parties entered into Amendment No. 1 thereby amending the Cost Sharing Agreement to extend its term to December 31, 2023.
The Parties now desire to, and hereby further amend, the Cost Sharing Agreement, as set forth in this Amendment No. 2.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated into the operative provisions of this Amendment No. 2 by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereby agree as follows:
I. Effective Date
This Amendment No. 2 shall become effective for services performed on or after January 1, 2024 (Effective Date), and shall not nullify any rights or obligations as to services performed under the Term of the Cost Sharing Agreement as amended by Amendment No. 1 (January 1, 2021 to December 31, 2023).
II. Section 2 of the Cost Sharing Agreement – (Term) is hereby amended and restated in its entirety as follows:
The initial term of the Cost Sharing Agreement shall be three (3) years, commencing on January 1, 2018, through December 31, 2020, and shall be extended for a period of an additional three (3) years, commencing on January 1, 2021, and ending December 31, 2023 by Amendment No. 1 and shall further be extended for a period of an additional three (3) years, commencing on January 1, 2024, and ending December 31, 2026 by Amendment No. 2 (Term). The Term may be extended by written consent of all Parties, or sooner terminated upon written notice submitted by ATTACHMENT 1
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V. Section 6 of the Cost Sharing Agreement is hereby revised as follows:
(a) Sub-clause F. will be added to say: “Burbank and LADWP will equally split the fees associated with extractions that are subsequently delivered from Burbank to LADWP through the Interim and/or Permanent Water System Connection.”
VI. Section 10(H) of the Cost Sharing Agreement is hereby revised as follows:
(a) Sub-clause “4)” is amended and restated in its entirety as follows: “4) if a Party has provided a facsimile number in its notice section, on the date of transmission by facsimile to the number provided by such Party.”
(b) The contacts for each Party set forth in Section 10(H) are hereby updated as set forth below:
LADWP: David R. Pettijohn
Director of Water Resources
Los Angeles Department of Water and Power
111 North Hope Street, Room 1460
Los Angeles, California 90012
[email protected]
Copy to: Melanie A. Tory
Deputy City Attorney
Los Angeles City Attorney’s Office
Department of Water and Power Division
221 North Figueroa Street, Suite 1000
Los Angeles, California 90012
[email protected]
Burbank: Assistant General Manager, Water Division
Burbank Water and Power
164 West Magnolia Boulevard
P.O. Box 631
Burbank, California 91503-0631
Facsimile: (818) 238-3508
CVWD: James Lee, General Manager
Crescenta Valley Water District
2700 Foothill Bl.
La Crescenta, CA 91214
[email protected]
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Copy to: Thomas S. Bunn III
Lagerlof, LLP
155 N. Lake Ave, 11th Fl.
Pasadena, CA 91101
[email protected]
VI. Other Provisions:
All other provisions, requirements, terms, and conditions of the Cost Sharing Agreement not inconsistent with this Amendment No. 2 shall remain unmodified and in full force and effect.
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IN WITNESS WHEREOF, a duly authorized representative of each Party hereto has executed this Amendment No. 2 to the Cost Sharing Agreement.
DEPARTMENT OF WATER AND POWER
OF THE CITY OF LOS ANGELES BY
BOARD OF WATER AND POWER COMMISSIONERS
By: ______________ ______________________
Martin L. Adams
General Manager and Chief Engineer
Date: __________ _________________________
And: ______________________ _____________
S u s a n A . R o d r i g u e z
S e c r e t a r y
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IN WITNESS WHEREOF, a duly authorized representative of each Party hereto has executed this Amendment No. 2 to the Cost Sharing Agreement.
CITY OF GLENDALE
By:______________________________
Roubik Golanian
City Manager
Date: ____________________________
Approved as to form:
By: _____________________________
Dorine Martirosian
Principal Assistant City Attorney
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IN WITNESS WHEREOF, a duly authorized representative of each Party hereto has executed this Amendment No. 2 to the Cost Sharing Agreement.
CITY OF BURBANK
By:___________________________________
Interim General Manager
Department of Water and Power
Date: ________________________________
Approved as to form:
By: ____________________________
Christopher Chwang
Senior Assistant City Attorney
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IN WITNESS WHEREOF, a duly authorized representative of each Party hereto has executed this Amendment No. 2 to the Cost Sharing Agreement.
CITY OF SAN FERNANDO
By:_____________________________
ALEX MEYERHOFF
City Manager
Date: __________________________
Approved as to form:
By: ____________________________
Richard Padilla, Esq.
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IN WITNESS WHEREOF, a duly authorized representative of each Party hereto has executed this Amendment No. 2 to the Cost Sharing Agreement.
CRESCENTA VALLEY WATER DISTRICT
By:____________ _______________________
J A M E S L E E
General Manager
Date: _______________________________
Approved as to form:
By: ____________________________
Thomas S. Bunn III
General Counsel
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