ATTACHMENT 1
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1 of
3 Third
Amendment to Water Supply Contract (City of Napa and Congress Valley Water District)
THIRD AMENDMENT TO
WATER SUPPLY CONTRACT BETWEEN
THE CITY OF NAPA AND
THE CONGRESS VALLEY WATER DISTRICT
(CITY AGREEMENT NO. 5387)
THIS THIRD AMENDMENT to the Water Supply Contract (hereinafter “ Third
Amendment
”) between the CITY OF NAPA, a
California charter city (hereinafter referred to as
the “
City
”) and CONGRESS VALLEY WATER DISTRICT, a County Water District (formerly the Congress County Water District, and hereinafter referred to as “ District
”) is made and entered
into as of the _____ da
y of _________, 2022, with reference to the following facts and intentions:
RECITALS
A.
On or about July 1987, the City and District entered into the Water Supply Contract (City Agreement No. 5387) wherein District requested that City furnish a specified su
pply of wholesale water to enable District to provide retail potable water to customers connected to the District’s water system.
B.
On or about May
22,
2017, the City and District approved a First Amendment to the Water Supply Contract to extend the term
of
the Agreement
from July 1, 2017
to July
1, 2022
and modify other conditions related to the rates for wholesale wat er.
C.
On or about
May 1
, 2018, the City and District approved a Second Amendment to the Water Supply Contract (hereinafter referred to collect
ively as the “
Agreement
”)
to
address billing practices.
D.
The City and District have been negotiating a new, long -
term wholesale water supply
contract to supersede and replace the Agreement.
The parties have prepared a
term
sheet and
are working diligentl
y to finalize its terms and conditions. To provide
sufficient time to conclude these negotiations, the City and District desire to amend the
Agreement to provide a short
-
term extension
of the Agreement
.
NOW, THEREFORE, in consideration of the mutual prom
ises contained in this
Third
Amendment, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
1. AMENDMENT
Section 1 (Term)
of the Agreement is hereby deleted and replaced with the following:
ATTACHMENT 1
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2 of
3 Third
Amendment to Water Supply Contract (City of Napa and Congress Valley Water District)
“
1. TERM OF AGREEMENT
.
This Agreement shall become effective upon its execution by both parties.
The term of this Agreement shall end on
December 31,
20 22, unless
terminated earlier in accordance with the terms of this Agreement .”
2. GENERAL PROVISIONS
A.
Integration
. Except as expressly modified by this
Third
Amendment, all terms and
conditions contained in the Agreement (as defined in Recital C
) shall remain in full
force and effect.
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ATTACHMENT 1
Page
3 of
3 Third
Amendment to Water Supply Contract (City of Napa and Congress Valley Water District)
IN WITNESS WHEREOF, City and District have executed this Third
Amendment as of
the day and year first above written.
CITY OF NAPA
, a California Charter City
:
CONGRESS VALLEY WATER
DISTRICT
, a
County Water District
:
________________________________
Phil Brun, Utilities Director
(
Type Name and Title
)
ATTEST:
ATTEST:
Tiffany Carranza, City Clerk
Kiersten Bjorkman, Board Secretary
COUNTERSIGNED:
COUNTERSIGNED:
Joy Riesenberg, City Auditor
(
Type Name and Title
)
APPROVED AS TO FORM:
APPROVED AS TO FORM:
Michael W. Barrett, City Attorney
Valerie Clemen, Attorney