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CENTRAL COAST WATER AUTHORITY
SURPLUS WATER TRANSFER AGREEMENT
re. WESTSIDE DISTRICTS
This Surplus Water Transfer Agreement (“Agreement”) is made by:
CENTRAL COAST WATER AUTHORITY (“CCWA”)
And
CITY OF SANTA MARIA
each signatory to this Agreement (“Contractor,” and if more than one, “Contractors”).
CCWA and Contractor are each a “Party” and together are the “Parties.”
RECITALS
A. CCWA and the California Department of Water Resources (“DWR”) are parties to a long-term water supply contract that provides for the delivery of water from California’s State Water Project (“SWP”) to portions of Santa Barbara County (the “SWP Contract”).
B. Additionally, CCWA owns, operates, and maintains water conveyance, storage and treatment facilities to deliver water made available to CCWA pursuant to the SWP Contract to cities, water districts and other water purveyors and users in portions of Santa Bar bara County (each a “CCWA Participant ” and collectively, the “ CCWA Participants ”). Each CCWA Participant is a party to a water supply agreement with CCWA (“Water Supply Agreement”) that provides for the delivery of a portion of the water supply made available by the SWP Contract to the Participant. Each Contractor is a CCWA Participant.
C. From time to time, such as in years of high precipitation, the SWP is capable of delivering to CCWA more water than is needed by the CCWA Participants. Additionally, in some years, water that is available for delivery to one or more CCWA Participants, but is not delivered in that year, may be lost due to delivery, storage, and other constraints within the SWP or local facilities.
D. On July 27, 2024, CCWA’s Board of Directors adopted Resolution No. 23 -06 creating the “Surplus Water Transfer Program” to provide a process and procedures for CCWA Participants to transfer or exchange water available to them pursuant to their Water Supply Agreements that is surplus to their needs in any year (“Surplus Water”).
E. CCWA implements the Surplus Water Transfer Program on an annual basis.
CCWA Participants may elect to participate in the Surplus Water Transfer Program by executing a “Program Participation Agreement” with CCWA. The Surplus Water Transfer Program is carried out consistent with the SWP Contract and CCWA’s Administrative Rules for the Transfer or Exchange of Water.
Attachment B
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F. Pursuant to the 2026 Program Participation Agreement dated March 15 , 2026 (“Program Participation Agreement”), CCWA gave notice to each Contractor of an opportunity to transfer Surplus Water to Dudley Ridge Water District (“DRWD”), Belridge Water Storage District, Berrenda Mesa Water District, Lost Hills Water District, and Wheeler Ridge -Maricopa Water Storage District (collectively, “Westside Districts” or the “Purchaser”) and subsequently negotiated an agreement (the “Project Agreement”) related to the transfer of Surplus Water between CCWA and Purchaser (the “Project”). Each Contractor has elected to participate in the Project and has delivered a Statement of Intent (as that term is defined in the Program Participation Agreement) to CCWA.
G. To the extent this Agreement requires compliance with CCWA Resolution No. 2021-01, CCWA has provided notice to all CCWA Participants of the deadline by which any CCWA Participant must have notified CCWA of its intent to exercise its right of first refusal pursuant to CCWA Resolution No. 2021 -01, and all CCWA Participants, if any, desiring to exercise their right of first refusal to take delivery of the Total Transfer Quantity on the same terms and conditions as the Purchaser has done so prior to the Effective Date of this Agreement.
H. The Parties anticipate that certain approvals will be required to effectuate the Project, including DWR’s approval of the Project in the form of one or more contracts (“DWR Approval Agreement(s)”).
I. The Parties desire to enter into this Agreement to set forth the rights, responsibilities and obligations of the Parties as it relates to the Project.
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual representations, warranties, covenants and agreements contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. Purpose and Intent . The purposes of this Agreement are to provide for (a) CCWA’s transfer of Contractor’s Surplus Water to Purchaser on behalf of Contractor and CCWA’s delivery of funds received from the Purchaser to Contractor, and i n exchange for such services, (b) each Contractor’s payment of its pro rata share of CCWA’s Total Expenses, as that term is defined in Paragraph 5.1, and each Contractor’s assumption of all liability related to or arising under this Agreement and the Project. It is the intention of the Parties that neither CCWA, nor any CCWA Participant that is not a Party to this Agreement shall incur any expense or liability related to or arising under this Agreement, the Project, or the Surplus Water Transfer Program.
2. Compliance with all Laws
2.1 The Parties’ respective obligations pursuant to this Agreement are contingent upon compliance with all applicable laws and legal requirements associated with the Project, including but not limited to the California Environmental Quality Act (Pub. Res. Code, § 21000 et seq.) 2026 Surplus Water Transfer Program
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(“CEQA”), and securing any required consents, approvals, permits or orders necessary to effectuate the Project.
2.2 Contractor acknowledges that, pursuant to CCWA’s Administrative Rules for the Transfer or Exchange of Water, Contractor is responsible for compliance with CEQA, as applicable, and Article 57(g) of the SWP Contract. Contractor represents and warrants to CCW A that: (a) Contractor has complied, and will comply, with all applicable laws, regulations, and legal requirements associated with the Project; (b) Contractor’s Transfer Quantity, as defined in Paragraph 3.1, is surplus to Contractor’s needs; and (c) the Project will not create significant adverse impacts to or within Contractor’s service area. CCWA is expressly entitled to rely upon the foregoing representations and warranties without inquiry. Contractor shall promptly notify CCWA in writing if Contractor becomes aware that any of the foregoing representations and warranties was inaccurate when made or has become inaccurate.
2.3 Contractor acknowledges that CCWA retains sole and absolute discretion with respect to whether to approve or not approve the Project. CCWA is not restricted from considering any feasible mitigation measures and/or alternatives, including not approving the Project.
2.4 The Project shall be carried out consistent with the SWP Contract and CCWA’s Administrative Rules for the Transfer or Exchange of Water.
3. Transfer Quantity. On behalf of Contractor, CCWA agrees to facilitate the Project with Purchaser pursuant to, and subject to the terms and conditions of the Project Agreement, which is attached hereto as Exhibit A , and the DWR Approval Agreement(s) . The “Total Transfer Quantity” represents the sum of each Contractor’s transfer quantity (“Contractor’s Transfer Quantity”) as stated in the table attached hereto as Exhibit B and incorporated herein.
4. Procedure and Conditions
4.1 CCWA Consideration of Project
4.1.1 CCWA’s Board of Directors will hold a regular meeting to consider whether to approve or deny the Project Agreement and authorize the CCWA Executive Director to execute all agreements necessary to effectuate the Project.
4.1.2 Upon receipt of Contractor’s execution of this Agreement , CCWA’s Executive Director will endeavor to timely execute the Project Agreement and deliver it to DWR and request its approval.
4.1.3 Upon receipt of the proposed DWR Approval Agreement(s) for the Project, CCWA’s Executive Director will endeavor to timely review the DWR Approval Agreement(s) , and, if consistent with the terms and conditions of the Project as set forth in the applicable Project Agreement, CCWA will endeavor to timely notify DWR and Purchaser of CCWA’s approval of the DWR Approval Agreement(s).
4.1.4 Provided that each Contractor has satisfied all obligations and conditions precedent set forth in this Agreement, and further provided that CCWA’s Board of Directors has 2026 Surplus Water Transfer Program
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approved the Project and CCWA’s Executive Director has determined that the DWR Approval Agreement(s) are consistent with the Project Agreement, CCWA ’s Executive Director will endeavor to timely execute the DWR Approval Agreement(s) on behalf of CCWA.
4.2 Transfer of Project Water. In the event DWR approves the Project and all contracting parties to the DWR Approval Agreement(s) execute their respective DWR Approval Agreement(s), CCWA shall coordinate with DWR and arrange for transfer of the water subject to the Project Agreement pursuant to the terms and conditions of the DWR Approval Agreement(s).
4.3 Failure of Conditions . In the event any of the conditions precedent in this Agreement are not satisfied by the Contractor, or DWR approval is not obtained, or all contracting parties to any of the DWR Approval Agreement(s) fail to execute the applicable DWR Approval Agreement(s), CCWA may terminate this Agreement as provided in Paragraph 11.2.
5. Contractor’s Share of Expenses and Revenues
5.1 Contractor’s Share of Expenses
5.1.1 Contractor shall pay to CCWA the Contractor’s pro rata share of all out-of- pocket expenditures made by CCWA pursuant to this Agreement or related to the Project (collectively, “Total Expenses”). Total Expenses include, but are not limited to : consultant and legal expenses, any expenses associated with CCWA’s compliance with CEQA, any expenses associated with securing any required approvals , any expenses incurred by CCWA in defense of this Agreement, and any other costs or expenses arising under this Agreement or related to the Project. Each Contractor’s pro rata share of Total Expenses shall be equal to the Contractor’s Transfer Quantity divided by the Total Transfer Quantity, as stated in Exhibit B attached hereto.
5.1.2 Contractor acknowledges and agrees that other CCWA Participants may join this Agreement after Contractor becomes a Party, which in turn will change the Total Transfer Quantity set forth in Exhibit B. Exhibit B may be modified without amendment of this Agreement.
Upon the addition of any new Contractor, CCW A shall provide prompt notice of the modified Exhibit B to Contractor.
5.1.3 For Total Expenses arising from services that benefit only one Contractor, that Contractor shall pay CCWA the Total Expenses related to said service(s).
5.1.4 In the event CCWA reasonably determines that Total Expenses may exceed $50,000, CCWA may request that Contractor place on deposit with CCWA Contractor’s pro rata share of Total Expenses. CCWA shall provide Contractor with an invoice requesting such deposit and Contractor shall remit the amount stated in the invoice within thirty (30) days of receipt.
5.2 Contractor’s Share of Revenues. Contractor shall be entitled to receive its pro rata share of any funds due to CCWA pursuant to the Project Agreement. Contractor’s pro rata share shall be equal to the Contractor’s Transfer Quantity divided by the Total Transfer Quantity, as stated in E xhibit B. Upon receipt of Purchaser payments under the Project Agreement, CCWA shall deliver to Contractor the Contractor’s pro rata share of the payment received from Purchaser. 2026 Surplus Water Transfer Program
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Contractor shall provide CCWA with payment instructions for this purpose. CCWA may, in its sole and absolute discretion, deduct any Total Expenses due from Contractor from the payment otherwise due to Contractor.
5.3 Reconciliation. Upon termination of this Agreement, CCWA shall provide to Contractor an accounting of the actual amounts the Contractor is obligated to pay to CCWA and are due to Contractor. Any overpayment by any Contractor shall be promptly refunded by CCWA and any underpayment by Contractor shall be promptly paid to CCWA. For clarity, in the event that the DWR Approval Agreement(s) for the Project is not executed and therefore that such Project does not occur, CCWA shall not be obligated to refund Contract or’s pro rata share of the Total Expenses incurred.
6. Cooperation; Contractor’s Authorized Representative
6.1 Cooperation. Contractor acknowledges that CCWA’s ability to transfer Surplus Water, as provided in this Agreement, requires Contractor’s cooperation. Contractor shall reasonably cooperate with CCWA, at CCWA’s request, in all ways as may be necessary to carry out the terms and conditions of this Agreement.
6.2 Party’s Authorized Representative. Concurrent with execution of this Agreement, in the signature block of this Agreement, each Party shall identify and provide the contact information for its authorized representative (“Authorized Representative ”). Contractor represents and warrants that its Authorized Representative has full authority to grant, provide and enter into, by and on behalf of Contractor, any and all consents, approvals, instructions, authorizations or agreements by Contractor in connection with this Agreement (collectively, “Contractor Directions”). CCWA shall be entitled to rely upon, without inquiry, the full authority of Contractor’s Authorized Representative.
7. Obligation in the Event of Default
7.1 Written Demand Upon Failure to Make Payment or Perform Obligation. Upon any Contractor’s failure to make any payment in full when due under this Agreement or to perform any other obligation hereunder, CCWA shall make written demand upon the Contractor, and if such failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default and breach of this Agreement.
7.2 Termination of Contractual Rights; Continuing Obligations. Notwithstanding any provision in this Agreement to the contrary, u pon any Contractor’s failure to make any payment, which failure constitutes a default under this Agreement , CCWA may terminate this Agreement as to such defaulting Contractor. Irrespective of such termination, all obligations of the defaulting Contractor under this Agreement shall continue in full force and effect. CCWA’s termination as to any defaulting Contractor pursuant to this Paragraph is in addition to all other remedies provided by this Agreement.
7.3 CCWA’s Use of Other Funds . CCWA may draw upon and use any unobligated funds held by CCWA as credits payable to the defaulting Contractor, including “O&M Year -end 2026 Surplus Water Transfer Program
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Credits” and any other credits held by CCWA for the benefit of the defaulting Contractor, and any cash that the defaulting Contractor may have on deposit with CCWA , for example in the “DWR Reserve Fund” or the “Rate Coverage Reserve Fund,” to satisfy the defaulting Contractor’s payment obligation, in whole or in part. CCWA shall provide to the defaulting Contractor an accounting of any such credits or deposits applied. CCWA’s use of other defaulting Contractor funds pursuant to this Paragraph is in addition to all other remedies provided by this Agreement.
7.4 Increase in Non-defaulting Contractor Costs. Notwithstanding any provision in this Agreement to the contrary, in the event a defaulting Contractor’s payment obligations under this Agreement exceed the amount of funds available under Paragraph 7.3, the pro rata share of each non-defaulting Contractor shall be automatically increased pro rata with the other non-defaulting Contractors for the remaining term of this Agreement. Contractor acknowledges and agrees that its pro rata share of Total Expenses may increase as a result of a default by another Contractor.
7.5 Right of Recovery from Defaulting Contractor. If a Contractor fail s or refuses to pay any amounts due to CCWA under this Agreement, the non-defaulting Contractors’ increased obligations to make such payments shall not relieve the defaulting Contractor of its liability for such payments. Each non-defaulting Contractor shall have a right of recovery from the defaulting Contractor to the extent of such non -defaulting Contractor’s respective increase in obligation caused by the defaulting Contractor. Any amounts received by CCWA from the defaulting Contractor for costs that were previously paid by a non -defaulting Contractor pursuant to Paragraph 7.4, shall be reimbursed by CCWA to the non-defaulting Contractors.
7.6 Transfer of Defaulting Contractor’s Account . Upon the failure of any Contractor to make any payment which failure constitutes an uncured default under this Agreement, CCWA shall use its best efforts to transfer any payment received by CCWA from Purchaser under the Project Agreement to which defaul ting Contractor would otherwise be entitled under Paragraph
5.2 of this Agreement for all or a portion of the remainder of the term of this Agreement to the non-defaulting Contractors on a pro rata basis. Notwithstanding the foregoing provision, any and all defaulting Contractors shall remain liable to CCWA and/or to any and all non -defaulting Contractors to pay the full amount of their costs in accordance with this Agreement as if such transfer had not been made.
8. Disclaimer of Liability
8.1 Contractor acknowledges and agrees that CCWA is in good faith administering the Surplus Water Transfer Program and facilitating the Project on behalf of Contractor in exchange for Contractor’s full reimbursement of Contractor’s pro rata share of CCWA’s Total Expenses and full assumption of CCWA’s liabilities related to or arising out of this Agreement and any related agreements pertaining to the Project. As a result, it is the intent and agreement of the Contractor and CCWA that CCWA shall not incur any expense or liability for such assistance to any Contractor under this Agreement for any cause, except for any loss or damage to the extent caused by CCWA’s sole negligence, willful misconduct, or breach of this Agreement. 2026 Surplus Water Transfer Program
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8.2 To the maximum extent permitted by law, neither CCWA, nor any of its elected officials, officers, agents, employees, consultants, or attorneys, nor any of the CCWA Participants who are not also Parties to this Agreement , shall be liable to any Contractor pursuant to this Agreement or otherwise for any claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses in the event any condition precedent to this Agreement is not satisfied , any approval required to permit any portion of the Project is not obtained or is conditioned in any manner that is not acceptable to Contractor, or any Surplus Water deliverable to CCWA under the Project Agreement is not delivered to CCWA, or CCWA is unable to deliver such water to Contractor for any reason , whether such claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses arise prior to or following termination or expiration of this Agreement , except for any loss or damage to the extent caused by CCWA’s sole negligence , willful misconduct, or breach of this Agreement.
9. Indemnification and Defense
9.1 Indemnification. Contractor (“Indemnifying Party”) agrees to indemnify, defend, protect and hold harmless CCWA and its officers, directors, employees, agents, consultants, and attorneys, and CCWA Participants who are not also Parties to this Agreement (each an “Indemnified Party” and collectively, the “Indemnified Parties”), from and against any and all claims, liabilities, damages, losses, actions, penalties, proceedings, and expenses, including attorneys’, paralegals’, consultants’, and experts’ fees, costs, and expenses, arising from or relating to: (a) this Agreement o r the Project; (b) any breach by Contractor of this Agreement; or (c) any inaccuracy in, or breach of, any representation or warranty made by Contractor in this Agreement, including Paragraph 2.2, whether such claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses arise prior to or following termination or expiration of this Agreement, except to the extent caused by the Indemnified Party’s sole negligence, willful misconduct, or breach of this Agreement.
10. Remedies
10.1 If any Party does not timely perform its obligations pursuant to this Agreement, all other Parties shall be entitled to proceed to protect and enforce their rights as provided in this Agreement by such appropriate judicial proceedings as each Party may deem most effectual, either by suit in equity or by action at law, whether for the specific performance of any covenant or agreement contained herein or to enforce any other legal or equitable right vested by this Agreement or by law. The provisions of this Agreement and the duties of each Party and its elected officials, officers, agents, or employees shall be enforceable by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction.
10.2 The Parties agree that in the event of a default of this Agreement by a Party, all other Parties shall have all remedies in law or equity available to them, including specific performance and termination of this Agreement, and no remedy or election shall be deemed exclusive but shall, whenever possible, be cumulative with all other remedies at law or in equity.
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11. Effective Date; Term; Termination
11.1 This Agreement shall be effective on the Date executed by Contractor (“Effective Date”). In the event of more than one Contractor, each Contractor’s Effective Date shall be the date this Agreement is executed by said Contractor.
11.2 Except as otherwise provided in this Agreement, the term of this Agreement shall commence on the Effective Date and shall continue until the termination of the DWR Approval Agreement(s), or until each Party’s final payment required under this Agreement, whichever is later.
11.3 CCWA may terminate any Contractor’s rights under this Agreement by providing notice of such termination to Contractor and all other Contractors: (1) in the event any of the conditions required by this Agreement are not satisfied; or (2) in the event a Cont ractor fails to make any payment required by this Agreement. This Agreement may be terminated by any Contractor as to that Contractor only upon the expiration of thirty (30) days following the later of (i) delivery of written notice of termination to CCWA ; and (ii) discharge by the Contractor, or satisfactory assurance of performance, of all financial obligations hereunder. CCWA shall promptly provide a copy of any such notice of termination received by CCWA to all other Contractors.
11.4 Notwithstanding any provision in this Agreement to the contrary, the payment obligations of Contractor to CCWA under Paragraph 5 shall continue in full force and effect and the obligations set forth in Paragraphs 8, 9, and 10 shall survive in full force and effect until the expiration of the applicable statute of limitations, or any claim or litigation concerning this Agreement within the applicable statute of limitations is finally resolved, whichever occurs later.
12. General Provisions
12.1 Assignability. This Agreement shall not be assigned by Contractor without the prior written consent of CCWA, which consent shall not be unreasonably withheld. Any attempted assignment without the prior written approval of CCWA shall be void.
12.2 Attorneys’ Fees. In any action to enforce or interpret this Agreement, the prevailing party shall recover from the non-prevailing party, in addition to any damages, injunctive or other relief, all costs (whether or not allowable as “cost” items by law) reasonably incurred by the prevailing party at, before and after trial or on appeal, or in any bankruptcy proceeding, including attorneys’ and witness (expert and otherwise) fees, deposition costs, copying charges and other expenses.
12.3 Construction. The provisions of this Agreement should be liberally construed to effectuate its purposes. The language of all parts of this Agreement shall be construed simply according to its plain meaning. Any rule of contract interpretation to the effect that ambiguities or uncertainties are to be interpreted against the drafting party or the party who caused it to exist shall not be employed in the interpretation of this Agreement or any document executed in connection herewith, as each Party has participated in the drafting of this document and had the opportunity 2026 Surplus Water Transfer Program
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to have their legal counsel review it. The Recitals to this Agreement are incorporated herein and made a part hereof by this reference. The defined terms in this Agreement shall apply equally to both the singular and the plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine, feminine and neuter forms. The terms “person” and “party” include individuals, corporations, partnerships, trust, and other entities and associations. The words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.”
12.4 Counterparts; Electronic Signatures; Delivery by Email . The Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. Counterparts may be delivered via electronic mail (including PDF or any electronic signature complying with the federal Electronic Signatures in Global and National Commerce (ESIGN) Act of 2000 (P.L. 106-229), e.g., www.docusign.com) or other transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes.
12.5 Due Authority . Each Party hereby represent s and warrants that the individual executing this Agreement is expressly authorized to do so on behalf of such Party and to bind that party to perform all acts required by this Agreement, and that the consent, approval, or execution of or by any additional person or party is not required to legally bind that party to the terms and conditions of this Agreement.
12.6 Entire Agreement; Prior Agreements Superseded; Modification. The making, execution and delivery of this Agreement have not been induced by any representations, statements, warranties or agreements other than those herein expressed. This Agreement constitutes the entire agreement and understanding of the Parties concerning the subject matter hereof. This Agreement supersedes all prior negotiations, agreements, representation s and understandings of the Parties relating to the subject matter hereof , including similar agreements from prior years. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all Parties.
12.7 Good Faith. The Parties agree to exercise their best efforts and utmost good faith to effectuate all the terms and conditions of this Agreement and to execute such further instruments and documents as are necessary or appropriate to effectuate all of the terms and conditions of this Agreement.
12.8 Governing Law; Venue. This Agreement and all matters relating to this Agreement shall be governed by the laws of the State of California , without regard to principles of conflicts of laws . Venue for any disputes under this Agreement shall be in Santa Barbara County, California.
12.9 Legal Advice. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions of this Agreement.
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12.10 No Agency. This Agreement shall not create, nor shall it be construed to create, any agency, partnership or similar relationship among the Parties.
12.11 Notices. All notices, approvals, acceptances, requests, demands and other communications required or permitted under this Agreement, to be effective, shall be in writing and shall be delivered, either in person or by email or by Federal Express or other similar overnight delivery service, to the Authorized Representative of the Party to whom the notice is directed. Any communication given by email shall be deemed delivered on such mailing date and any communication given by overnight service shall be deemed delivered one (1) business day after the dispatch date. Any Party may change its email and overnight service addresses by giving all other Parties written notice of its new addresses.
12.12 Severability. If any provision of this Agreement or its application to any Party or circumstance is held invalid or unenforceable, then the remainder of this Agreement and the affected provision to the extent it is not so held shall remain valid and enforceable and in full force and effect. The foregoing shall not apply, however, if the invalid or unenforceable provision in question or, as applicable, the portion or application thereof held invalid or unenforceable, is a fundamental and material provision of this Agreement.
12.13 Successors and Assigns . This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
12.14 Third Party Beneficiary; Enforcement. The Parties agree that this Agreement is for the benefit of (i) Contractors, (ii) CCWA, and (iii) all CCWA Participants that are not Contractors.
All of the aforementioned entities and persons shall be entitled to enforce the provisions of this Agreement.
12.15 Time of the Essence . Except as otherwise provided in this Agreement, time is of the essence with respect to this Agreement and the performance of each and every obligation contained in this Agreement.
12.16 Time for Performance. Notwithstanding any provision of this Agreement to the contrary, in the event a Party fails to perform any obligation under this Agreement (other than an obligation to pay money) because of strikes, lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, government or j udicial actions, inclement weather or other causes beyond its reasonable control, that failure will not constitute a default under this Agreement, and the performance in question will be excused during the period in which the cause for failure continues.
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IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the Effective Date.
CENTRAL COAST WATER AUTHORITY
By: ____________________________
Name: Peter Thompson
Title: Executive Director
Approved as to form:
Brownstein Hyatt Farber Schreck
By: ____________________________
Name: Stephanie Osler Hastings
Authorized Representative:
Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
Attn: Peter Thompson, Executive Director
Telephone: (805) 688-2292
Email: [email protected]
Date: ____________________________
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CONTRACTOR
By: ___________________________ Date: ____________________________ Name: Shad S. Springer
Title: Director of Utilities
Approved as to form:
City Attorney’s Office
By: _______________________________
Name: Thomas Watson
Authorized Representative:
City of Santa Maria
110 E Cook Street
Santa Maria, CA 93454
Attn: Shad S. Springer, Director of Utilities
Telephone: (805) 925-0951 ext. 7211
Email: [email protected]
Exhibit A: Project Agreement between CCWA and Purchaser
Exhibit B: Contractor’s Transfer Quantity and Total Transfer Quantity
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Exhibit A
Project Agreement between CCWA and Purchaser
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Exhibit B*
Contractor’s Transfer Quantity and Total Transfer Quantity
Contractor Transfer Quantity
Total Transfer Quantity:
* As provided in Section 5.1.2, Exhibit B may be modified without amendment of this Agreement. CCWA shall provide prompt notice of any changes to Exhibit B to Contractor.