First Amendment to Cyclic Agreement Between
The Metropolitan Water District of Southern California and The City of Burbank
First Amendment 1
This FIRST AMENDMENT (“Amendment”), is effective as of June 1, 2024 to the Cyclic Agreement (“Agreement”), by and among the METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA (“Metropolitan”), a public agency of the State of California and the City of Burbank (“Burbank”), a municipal corporation and charter city of the State of California (collectively, the “Parties”).
RECITALS
A. The Parties to this Amendment entered into the Agreement effective August 1, 2017 for the purpose of giving Metropolitan the right to store up to 35,000 acre-feet of Metropolitan water in the San Fernando Basin (“Basin”), a groundwater basin located in Los Angeles County.
B. Metropolitan seeks to amend Section 6 to state that purchases must be made according to the purchase schedule in accordance with Sections 2 and 4 of the Agreement.
C. Metropolitan seeks to amend Section 12 to state that Burbank would be obligated to purchase all water remaining in the Cyclic Account within 90 days of the end of the purchase schedule or the Agreement termination date, whichever comes later.
D. The Parties intend to amend the Agreement to state that purchases must be made no later than the purchase schedule or the Agreement termination date, whichever comes later.
E. The Parties wish to extend the termination of the Agreement to ten (10) years after the effective date of the First Amendment.
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COVENANTS
1. Obligation for Purchase and Payment
Section 6 of the Agreement is amended to state that purchases must be made according to the purchase schedule in accordance with Sections 2 and 4 of the Agreement.
The first sentence of Section 6 is amended to read:
“Burbank agrees to purchase water from Metropolitan’s Cyclic Storage Account in accordance with Sections 2 and 4 of this Agreement, but no later than the mutually agreed schedule by which Burbank shall purchase the delivered water.”
2. Term
Section 9 of the Agreement is amended to extend the term of the Agreement ten (10) years after the effective date of the First Amendment, unless otherwise terminated as provided for in the Agreement. The first sentence of Section 9 is amended to read:
“The term of this Agreement shall commence on the date and year listed at the beginning of the Agreement and shall terminate on June 1, 2034.”
3. Purchase of Water After Termination
Section 12 of the Agreement is amended to state that Burbank would be obligated to purchase all water remaining in the Cyclic Account within 90 days of the end of the purchase schedule or the Agreement termination date, whichever comes later. The first sentence of Section 12 is amended to read:
“Upon termination of the Agreement or of the mutually agreed purchase schedule, whichever comes later, Burbank is obligated to purchase all water remaining in the Cyclic Account within 90 days.”
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4. Notices
Section 13 of the Agreement is amended as follows:
“Any notice required hereunder may be given by mail, postage prepaid, addressed as follows:
To: City of Burbank
275 E. Olive Avenue
Burbank, CA 91502
Attention: BWP General Manager
To: Metropolitan Water District
700 N. Alameda Street
Los Angeles, CA 90012
Attention: Manager, Water Resource Management”
5. Scope of Amendment
Except as amended herein, all provisions of the Agreement remain in full force and effect.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly executed by its authorized officers.
Approved as to Form:
Office of the City Attorney
City of Burbank
By: __________________________ By: __________________________ Mandip Kaur Samra
General Manager
Date:_________________________ Date:_________________________
Attest:
By: __________________________
Kimberley Clark
City Clerk
Date:_________________________
Approved as to Form: The Metropolitan Water District
of Southern California
Marcia L. Scully
General Counsel
Deven Upadhyay
Interim General Manager
By: __________________________ By: __________________________ Patricia Quilizapa
Senior Deputy General Counsel
Brandon Goshi
Interim Manager,
Water Resource Management
Date:_________________________ Date:_________________________
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