Fourth Amendment to Water Supply Contract (City of Napa and Congress Valley Water District)
FOURTH AMENDMENT TO
WATER SUPPLY CONTRACT BETWEEN
THE CITY OF NAPA AND
THE CONGRESS VALLEY WATER DISTRICT
(CITY AGREEMENT NO. 5387)
THIS FOURTH AMENDMENT to the Water Supply Contract (hereinafter “ Fourth 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 _____ day 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 supply 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 water.
C. On or about May 1, 2018, the Parties entered into the Second Amendment to address the Parties’ respective roles of the City as wholesaler and District as retailer and to clarify billing practices.
D. On or about July 29, 2022, the Parties entered into the Third Amendment to extend the term of the Water Supply Contract (hereinafter referred to collectively as the “Agreement”) to December 31, 2022 in order to complete negotiations on a new, long- term wholesale water supply agreement.
E. The City and District have completed negotiations on a new, long-term wholesale water supply contract to supersede and replace the Agreement. The annual water supply under the negotiated terms of the new agreement begins on February 1 of each year based on the City’s water meter reading schedules. To provide a starting date for the new contract that coincides with the start of a full year of water supply, the City and District desire to amend the Agreement to provide a short-term extension of the Agreement to January 31, 2023.
NOW, THEREFORE, in consideration of the mutual promises contained in this Fourth Amendment, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
ATTACHMENT 1
Fourth Amendment to Water Supply Contract (City of Napa and Congress Valley Water District)
1. AMENDMENT
Section 1 (Term) of the Agreement is hereby deleted and replaced with the following:
“1. TERM OF AGREEMENT. This Agreement shall become effective upon its execution by both parties. The term of this Agreement shall end on January 31, 2023, unless terminated earlier in accordance with the terms of this Agreement.”
2. GENERAL PROVISIONS
A. Integration. Except as expressly modified by this Fourth Amendment, all terms and conditions contained in the Agreement (as defined in Recital D) shall remain in full force and effect.
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ATTACHMENT 1
Fourth Amendment to Water Supply Contract (City of Napa and Congress Valley Water District)
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IN WITNESS WHEREOF, City and District have executed this Fourth Amendment to be effective on the Effective Date set forth below.
CITY OF NAPA, a California Charter City: CONGRESS VALLEY WATER DISTRICT, a County Water District:
________________________________
Phil Brun, Utilities Director (Type Name and Title)
Date: _______________________________
(“ Effective Date”)
ATTEST:
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
ATTACHMENT 1