: • • 1
WRCRWA CONVEYANCE CAPACITY TRANSFER AGREEMENT
CITY OF CORONA AND WESTERN MUNICIPAL WATER DISTRICT
This Conveyance Capacity Transfer Agreement (the "Agreement") is made and entered City and WWD are referred to collectively as the "Parties" throughout this Agreement.
RECITALS
WHEREAS, WMWD and the City are member agencies of the Western Riverside County Regional Wastewater Authority ("WRCRWA"); and
WHEREAS, WRCRWA was formed as a Joint Powers Authority in 1992 to construct and operate a regional wastewater conveyance, treatment, and disposal system to serve its member agencies and their constituents (the "WRCRWA Conveyance System"); and WHEREAS, the City desires to acquire 2.62 million gallons per day ("MGD") of conveyance capacity in the WRCRWA Conveyance System; and WHEREAS, WMWD has 2.62 MGD of conveyance capacity in the WRCRWA Conveyance System that, according to its projections, is excess to its needs (the "Excess Conveyance Capacity"); and
WHEREAS, the Parties have agreed to a sale and transfer of the Excess Conveyance Capacity from WMWD to the City; and
WHEREAS, the WRCRWA Conveyance System generally consists of the South Regional Pump Station (SRPS) with related pumps, motors and control systems, a 30-inch diameter force main from SRPS to the treatment plant, and piping downstream of agency discharge meters; and WHEREAS, WRCRWA adopts annual operating and capital budgets, which are allocated to its member agencies based on their respective conveyance and treatment capacity ownership; and
WHEREAS, the Parties acknowledge that they understand WRCRWA's rules and regulations regarding conveyance capacity ownership and use, and they agree to abide by such rules and regulations.
01376.00001\34920071.1|
AGREEMENT
NOW, THEREFORE, in consideration of the preceding recitals and the mutual covenants and consideration contained herein, the Parties agree as follows:
true and cored acorporapion of ose relia by reference no his that the above recitals are Effective Date. This Agreement shall be effective as of April 1, 2022.
3. to the City for $2,707,938. This amount reflects reimbursement for costs paid by WMWD that were allocated to it by WRCRWA through the WRCRWA Board-approved budget process.
WMWD will be reimbursed for its fixed operations and maintenance expenses and capital asset investments, in addition to an interest charge for the time value of money. An accounting substantiating these cost figure has been provided to the City, which has reviewed and approved Date.
Assignment and Transfer of Excess Conveyance Capacity. As of the Effective Date, WMWD hereby assigns and transfers the Excess Conveyance Capacity to the City Thereafter, the capacity in the WRCRWA Conveyance System allocated to WMWD shall be 2.13 MGD and the capacity in the WRCRWA Conveyance System allocated to the City shall be 2.62 MGD.
Budgets. As of the Effective Date, every allocated WRCRWA budget associated with the Excess Conveyance Capacity (e.g. operating, capital) will shift from WMWD to the City.
6. Entire Agreement. This Agreement contains the entire Agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements.
Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective heirs, executors, administrators, successors and assigns.
8. Modification. This Agreement may be modified only in writing, signed by both Parties.
Severability. If any portion of this Agreement shall be declared by any court of competent jurisdiction to be invalid, illegal or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining parts of this Agreement shall remain in full force and effect, as fully as though such invalid, illegal or unenforceable portion had never been part of this Agreement.
CAIDD106200.60202110263449.1
2 01376.0000/134920071.1
•
10. Headings. Headings at the beginning of each section and subsection are solely for convenience of reference and are not a part of this Agreement.
Notice. Written notice, whenever required by this Agreement, shall become effective upon personal service or deposit in the United States mail, postage prepaid, addressed to the following:
CITY: WMWD:
Tom Moody - Director of Utilities Craig Miller - General Manager City of Corona Utilities Department Western Municipal Water District 755 Public Safety Way 14205 Meridian Parkway
Corona, California 92880 Riverside, California 92518
Venue. This Agreement shall be interpreted according to the laws of the State of California. Venue shall be located in Riverside County, California.
Counterparts. This Agreement may be executed in counterparts, all of which, taken together, shall be deemed one original.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers effective as of the last date below. [SIGNATURES ON FOLLOWING PAGE]
CALDD(06200.60202\10263449.1
3 01376.00001134920071.1
CITY OF CORONA
Dated: _, 2022 APPROVED
By:
Tom Moody, Director of Utilities
ATTEST
By:
Sylvia Edwards, City Clerk
APPROVED AS TO FORM
By:
Dean Derleth, City Attorney
WMWD
Dated: 4/7 _ 2022
Craig Miller, General Manager
comme od
By:
Tammi Ford, Board Secreatry
APPROVED AS TO FORM:
By 21
Holland Stewart, Attorney for WMWD
CADD 06200.60202\10263449.1
4 01376 00001134920071.1