The goal is to find an experienced tourism marketing firm that can provide professional guidance, oversight, and implement marketing and communications programs designed to attract tourists to the City of Solvang.
Overview
Under Direction of the City Manager and Marketing Tourism & Events Coordinator, the Tourism Marketing/ Media Proposal (TMMP) administers the City’s efforts to promote tourism to Solvang, thereby enhancing the City’s General Fund revenue through Transient Occupancy Tax receipts and, to a lesser but significant extent, through Sales Tax receipts. The mission is to increase overnight visitorship, and visitor expenditures, with emphasis on mid-week and off-season tourism.
The TMMP is responsible for traditional and electronic media advertising in core market regions and new market areas, participation in consumer and industry trade shows, and development and maintenance of ongoing relationships with travel writers and other media representatives.
Accounting. The Marketing Agency agrees to account for all funding provided and to keep complete books and records thereof and to make available and to submit to audit by the City of Solvang all the Marketing Agency books (in regards to this contract), records, and financial statements upon the city of Solvangs request with 30-day reasonable prior notice. The books with receipt of all paid vendors will be shown on request with 1099 IRS forms attached for all monies spent on this contract not to exceed 10% overhead to the marketing firms and sub-contractors with marketing responsibilities to the City of Solvang.
SCOPE OF WORK
The Marketing Agency team manages a number of responsibilities including (but not limited to):
Setting marketing strategy that supports strategic imperatives and goals Managing budgets
Integrating all aspects of marketing communication including advertising, digital, PR, branded content, social media, group sales, sponsorships, etc.
Liaising with Solvang TMMP tourism stakeholders including board leadership, committees, and other stakeholders
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Guiding marketing activities designed to showcase Solvang city wide range of tourism experiences
Targeting local, regional, national, niche and industry market segments Tracking and reporting out on measurable outcomes from marketing communication activities
Agency teams will be required to collaborate to form strategic recommendations and efficiently execute the Solvang marketing program, including research and information sharing, planning, optimization, analytics, and reporting. Solvang is seeking not simply an “ad agency,” but a long-term partner that will be integral in these efforts and share a dedication to success.
The General Scope of Work includes the following:
Strategy: Working closely with our team, collaborate on strategy to develop, execute, and track results against an annual marketing plan that supports the strategies set forth by Solvang TAC. Includes strategic direction, creative strategy, brand development, media plan, and cooperative plan.
Creative & Production: Produce creative and provide strong yet attainable recommendations for consideration and manage the process of working with subcontractors as needed. Bring to final form the approved advertising materials to run/air on behalf of the city of Solvang.
Creative materials may include but are not limited to:
print advertising
website design
broadcast (TV/CTV, radio, video) assets
digital banners
signage, collateral, sales materials, etc.
Content Planning: Work with Solvang Events & Marketing Coordinator to develop a comprehensive, marketing plan that uses market intelligence to shape strategy and includes goals specific to the agency’s scope; defined target markets, audiences, and opportunities; strategies/tactics to achieve success; specific action steps that guide and track workload; and measurable outcomes.
Promotion: Promote the city of Solvang through targeted advertising and other promotional programs
Contractor will promote the destination and tourism business of the city of solving through targeted media campaigns that focus on needed periods of tourism these include Danish days, Julefest, Fall harvest scarecrow campaign, music in the park series, contractor will also conduct additional campaigns that focus on lodging segments specifically contractor will measure add media campaigns effectively as well as any return on investment results. These campaigns will be a fully integrated strategy that will be used in many different advertisements including digital banners digital radio online mobile video, CTV video, in home video retargeted media, behavior targeting, as well as search engine marketing.
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Public Relations: Public relations outreach campaigns to promote Solvang Contractor will partner with credible news organizations and media experts and writers to execute multiple stories, media, both print and digital, output that focus on various parts of Solvang for both leisure and group travel. This may be conducted by in-house staff position or contracted relationship with public relations firm agencies/ staff. This may include hosting a media destination, hosting media events and working with local, regional, and national agencies for the promotion of Solvang.
Social Media: Paid and organic social media postings and campaigns Through daily postings of organic content and media, contractor will provide a robust and continuing social media program that focuses and highlights the various parts of Solvang and the businesses within it. Additionally, paid campaigns will focus on promoting specific segments of Solvang to draw awareness and attraction to these areas. This may include lodging activities, events, restaurants dining, group meetings, outdoor shopping and more.
SEO Marketing: Year-round digital advertisement search engine marketing campaigns Through the digital mediums of search engine advertising and search engine displays, contractor will study, analyze and execute complex keywords the top search inquiries to provide website traffic sponsorship results and awareness to SolvangUSA.com for many different parts of Solvang and it’s businesses.
Media Planning & Buying: Develop and prepare media plans for each target market, primarily leisure and group, possibly some international. Utilize research and market insights to develop strategic recommendations for budget allocation and market prioritization. Leverage paid media partnerships and placements as a means to effectively distribute and amplify owned and earned content. Provide Solvang with insights on emerging trends and new media to continually evolve and reach the target audience.
Work with the Solvang Event & Marketing Coordinator to develop cooperative marketing programs to amplify the efforts of our members and stakeholder businesses.
Reporting & Analytics: Regular monthly reporting on campaign and brand continuity program performance utilizing expertise, agency tools, data, partnerships, and other resources to manage program efficiency and performance. End of campaign wrap up reports, including screenshots of all assets, dashboard of goal performance and executive summary of key takeaways that include qualitative and quantitative results mapping to larger objectives. Annual strategic marketing and operation plan that outlines the proposed use of City marketing funds to accomplish promoting tourism and travel to Solvang
Research: Using data platforms and additional research studies, contractor will perform and provide all partners data that relates to Solvang and travel intent. This can include targeted GPS data results and study points of interest as well as third party vendor studies Participate as needed in customer insight, creative testing, and segmentation 269
research. Provide data, creative assets and/or insights as requested for Solvang Market Intelligence research and reporting. Connect with research partners including SMARI and SLOCAL as needed.
Firm will work with the TAC, City Manager, and the Events & Marketing Coordinator to provide guidance in all aspects of tourism marketing, including both paid and non-paid advertising.
Compensation
Design and production of all advertising will be billed based on a compensation model proposed by the contractor. The compensation model proposed by the contractor may be considered if in the best interests of the city. Please state in your proposal your fees for performing the Scope of Work, i.e., production of print, broadcast, collateral project work, account service, media buying, public relations and attending monthly Board Meetings.
Any additional projects (if any) outside the scope of work will be billed based on the agreed upon compensation model and will be determined by the City. The City Manager will authorize any additional scope of work and will obtain any necessary authorizations based on the City’s policies and procedures. Please advise if you would be willing to work on a monthly retainer, and the proposed cost. The successful firm will be required to enter into a written agreement with the city in substantially the form attached to this RFP. Please specifically identify any contractual terms that your firm proposes to change in a final contract. Such proposals may or may not be accepted at the City’s sole discretion. Failure to include such contractual changes shall be deemed to signify the firm’s acceptance of the form of agreement.
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QUALIFICATIONS
Minimum of three years’ experience in tourism advertising/marketing for a destination with extensive experience in local, regional, and national media placement as well as other tourism related applications. These applications include both traditional and non-traditional forms of advertising, promotion, and public relations
Extensive knowledge and experience of all aspects of tourism marketing including digital, print, radio, television, email campaigns, and social media approaches Firm should be ready, able, and qualified to perform the public relations functions The ability to perform project management duties including, but not limited to, account services, client meetings, strategic planning, billing, tracking, and other account management duties
Organize and attend special events that will market the destination Firm should have background working with other City and County organizations, particularly in tourism areas. Past management of coastal or major tourism destination if possible
Knowledge of the City of Solvang and its target markets Firm should be able to offer excellent customer service EACH PROPOSAL MUST INCLUDE THE FOLLOWING:
Qualifications as it relates to those requested by the city Statement of objectives and general approach toward the marketing effort – your philosophy
Specific breakdown of your hourly fees or other compensation models and costs to perform other projects outside the scope of work
Résumé of tourism marketing experience and samples of previous work List three past campaigns and their success
Example marketing plan and campaign for 2022-2023
Identification of the account team assigned to the account in addition to subcontractors on the account team. Statement of assurance of primary account manager. Include a detailed organizational chart for your entire organization, and an organizational chart for the management and personnel that will be assigned to this account, if applicable.
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Résumés of account team and team leader
Contact information from three current clients
Contact information from three current media references Proof of familiarity with Solvang, SYV, CAL and target markets Statement as to why you are a good fit for us
Identify all proposed subcontractors for the scope of work and document which portions of service will be performed by subcontractors and their ability to perform the work. Additionally, proposer should submit signed letters of commitment for all such proposed subcontractors and resumes/biographies of proposed subcontractor’s key personnel, including those conducting day-to-day activities 272
PROPOSAL EVALUATION & SELECTION METHODOLOGY
Recent experience in successfully performing similar services Understanding of the work required by the city
Quality, clarity, and responsiveness of the proposal
Proposed approach in completing the work
Programs that support the benefits of tourism to our local residents Approach to maximize visitors to stay off season, midweek, and multiple nights Campaign results measurement and monthly reporting to lodging, board members and city council
Background and related experience of the specific individuals to be assigned to this project, with special emphasis placed on the team leader Proposed compensation for other project work (hourly fees for services) or other compensation models.
As reflected above, the contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City.
The contract award period is for three years, Aug 1, 2022, through June 30, 2024, with the option to extend the contract for two years after the two-year term if desired by both parties.
The City may decide to award the contract for services based on the written proposal but reserves the right to conduct interviews with finalists if necessary to determine the awarding firm.
All proposals submitted shall become the property of the City and shall not be returned to the proposer. The City reserves the right to:
• Reject any and all proposals
• Waive any or all mandatory requirements, if no proposers meet one (1) or more of those requirements
• Cancel this RFP
• Revise the amount of funds available under this RFP
• Amend this RFP as needed
• Not select a vendor or award a contract from this RFP 273
PROPOSAL REVIEW SCHEDULE
Proposal Due April1, 2022
Proposal Review April 1, 2022
Marketing Subcommittee Review April 4-8, 2022
Possible Interviews April 11-30, 2022
TMMP/ TAC Board Meeting – Recommendation May 5, 2022
City Council Meeting – Approval May 23, 2022
Effective Date of Contract Aug 1, 2022
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City of Solvang Tourism Marketing
Proposal Criteria
1. Recent experience in successfully performing similar services. 10 Our evaluation will include an assessment of the history of your company, your experience as it relates to the requirements within this RFP, evidence of past performance quality and relevance of past work, references, and related items.
2. Understanding of the work required by the City. 15
Our evaluation will include our assessment of your understanding of our organization, Solvang as a destination and the landscape of the citywide tourism industry, and how you integrated this knowledge into your proposal.
3. Quality, clarity, and responsiveness of the proposal. 20 Our evaluation will include an assessment of the quality of proposed strategies, and clarity as demonstrated by the required project and past work.
4. Proposed approach in completing the work. 15
Philosophy / approach to account planning, media planning and overall content development.
5. Programs that support the benefits of tourism to our local residents. 10 Ability of firm to think about the impact of tourism on residents and to cater marketing to attract multiple night, offseason, midweek tourists who create value with the least amount of impact on the community.
6. Background and related experience of the team leader assigned to this project. 20 As reflected through the overall experience of the company and demonstrated results, our evaluation will include an assessment of the qualifications and experience of your managerial team, staff and subcontractors.
7. Budget approach / cost effectiveness 10
Campaign results measurement and reporting is demonstrated in relation to the budget allocation. The allocation is reasonable and appropriate.
TOTAL 100
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Agenda Item Number: 11
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
David Packard, Assistant to the City Manager
MEETING DATE: March 14, 2022
SUBJECT: UPDATED SPECIAL EVENT PERMIT GUIDELINES AND PROCEDURES RECOMMENDATION:
Approve revised Guidelines and Procedures to govern Special Events in the City of Solvang.
SUMMARY:
The City of Solvang is a tourism destination and special events play a large role in attracting visitors to the City of Solvang. Following a long ban on special events by the State of California due to COVID-19, the City is now responding to reviving economic conditions and the ability to hold special events. The City is revisiting its structure post COVID-19 to best serve our community and visitors.
The Special Events Guide (Attachment A) includes new and revised special event guidelines and procedures. The following modifications to the special events permitting process are recommended:
• Approve definitions that are provided for terms such as special events, large events and small events to enhance clarity and uniformity in application processing. • For newly proposed large events, require Tourism Advisory Committee (TAC) review and recommendations. In order to expedite the process, the City Council may approve such events in final or preliminary form and delegate final approval to TAC. • Approve new timelines and procedures outlined in the updated Special Events Guide to ensure all applicants and reviewing parties are on the same page during the permitting process. For example, applicants are required to submit a brief initial screening questionnaire to create a universal starting point for all applicants. The designated marketing and events coordinator (City staff and/or marketing contractor) is required to contact the event applicant within one week of questionnaire submission.
DISCUSSION:
Solvang is a city that celebrates special events. From internationally renowned events to communitybased festivals, parades and shows, the City of Solvang hosts many events each year. The City strives to enhance the vitality, quality of life, and economic prosperity of Solvang for its residents and tourists by supporting special events while minimizing traffic and City property wear and tear impacts. As part of this process, the City follows special event permitting procedures which encompass review of event content, timing of events, safety of road closures, adequate insurances submittal, among other aspects.
Special Events are defined as any activity seeking to solicit public attendance for an event on city property, or any event that requires the use of City services. Examples of popular special events in recent years have included parades, festivals, races, concerts, and many more. 276
The City of Solvang Municipal code governs various aspects of event permitting. Staff will return to the City Council with further recommendations introducing an update to the City Code establishing updated regulations for event permitting. The City also publishes various guidelines and application forms and requires that special event applicants obtain a permit so these events can be performed with the City’s authorization.
In order to facilitate the planning and coordination of a “large event”, which requires a street closure and/or anticipates 500+ attendees, the City requires applications to be submitted 120 days prior to the event. For “small” events, which do not require street closures and have fewer than 500 anticipated attendees, the City requires applications to be submitted 60 days prior to the event.
During the time between the application submittal and preparation time period, event applicants and City staff work together to produce necessary agreements to limit the City’s risk as well as ensure successful event outcomes for event organizers, residents, and participating tourists. Once all requirements have been met, the City issues the applicant a special event permit.
The City has contracted with a marketing contractor, Cogs & Marvel (formerly known as IDK Events), since 2019 to assist in the special events permitting process.
Special events have been impacted dramatically since the outset of COVID-19 in March 2020.
Numerous longstanding events have been forced to be canceled, postponed, or altered considerably.
As the City continues to work towards bringing back special events, City staff have prepared updated guidelines, application forms and procedures to improve the planning and coordination between event applicants, City staff, and the City’s marketing contractor.
ALTERNATIVES:
The City Council has full discretion to adopt policies and procedures for special events. Council could elect to not approve the updated special event guidelines or approve with any amendments.
If Council does not approve the amended guidelines, the existing guidelines will apply. Staff’s modifications to the events guidelines clarify the language and provide with additional detail, which is expected to result in better customer service to applicants establishing clear process, timelines, roles and responsibilities.
FISCAL IMPACT:
There is no fiscal impact associated with approving the updated guidelines and procedures.
ATTACHMENTS:
A – Special Events Guide
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City of Solvang
Special Events Guide
For more information:
Mail: City of Solvang
1644 Oak Street, Solvang, CA 93463
Phone: 805-688-5575
Email: [email protected]
Attachment A
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City of Solvang – Special Events
Table of Contents
Special Events Guidelines……………………………………………………………………..3
Introduction………………………………………………………………………………3
Event Definitions………………………………………………………………………...3
Application and Timeline Requirements………………………………………………3 Denial of a Special Event Permit………………………………………………………4
Special Event Application Supplements and Coordination…………………………4 Insurance Requirements……………………………………………………………….5
Alcohol Requirements…………………………………………………………………. 5
Parades…………………………………………………………………………………..6
Traffic Control Plan……………………………………………………………………...7
Site Plan………………………………………………………………………………….7
Medical Plan……………………………………………………………………………..7
Entertainment and Related Activities………………………………………………….8 Food Concession/Vendors……………………………………………………………..8
City Maintenance Crew Assistance…………………………………………………...8 Sanitation, Recycling, and Portable Restrooms……………………………………..9 Special Event Permit Procedures…………………………..………………………………..10 Special Event Permit Application…………………………………………………………….12 City Park Special Event Application Form…………………………………………………..18 Hold Harmless Agreement……………………………………………………………………20
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City of Solvang
Special Event Guidelines
Introduction
Solvang is a city that celebrates special events. From internationally renowned events to community-based festivals, parades and shows, the City of Solvang is proud to host many events each year. Our goal is to enhance the vitality, quality of life, and economic prosperity of Solvang for its residents and tourists by supporting special events. Thank you for choosing Solvang for your event location!
Event Definitions
Special Events are defined as any activity seeking to solicit public attendance for an event on city property, or any event that requires the use of City services. • Large Events – Large events include street closures and/or events with 500+ anticipated attendees.
• Small Events – These events do not require street closures and anticipate fewer than 500 anticipated attendees.
• Please note that the City also allows reservations to members of the public at city owned parks and facilities for private events such as birthday parties. Generally, these events do not require special event permits. To make park reservations, please call 805-688- 7529 or visit the Parks and Recreation division at 411 Second St.
Application and Timeline Requirements
We encourage as much advanced notice as possible in order to properly process your application. Applications submitted without adequate notice may incur additional fees. Some events, although small in participation, may require additional notification time due to the complexity of the event (i.e., multiple street closures, complicated set-up procedures, additional permitting requirements).
Application timelines are measured from the day the special event application is submitted.
Permit applications may be submitted as early as one year before your event. Permit applications must be received by the City of Solvang no later than:
• 120 days prior to event – “Large events” requiring street closures and/or events with 500+ anticipated attendees.
• 60 days prior to event – “Small events” not requiring street closures and with fewer than 500 anticipated attendees.
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Denial of a Special Event Permit
Denial of a Special Event Permit will be automatic if any of the following apply:
• Applicant cannot supply the required Certificate of Liability Insurance. • Proposed event directly conflicts with an event that has already been permitted. • Payment for Fees are not provided in timeline required. • Proposed event is not permitted by law or regulation. • Proposed event will imperil public health or safety.
• City Council denies the use of the public right-of-way.
Special Event Application Supplements and Coordination
It is important to provide all required information and documentation in a timely and complete manner throughout the permit review process. Please keep in mind that there may be additional information you will be required to submit to receive a special event permit, including some examples, which are explained in greater detail below:
• Insurance and Endorsement Certificate, and Hold Harmless Agreement (Required for all events)
• Alcohol Beverage Control (ABC) License (if applicable) • Highway 246 / Mission Drive Encroachment Permit (if applicable) • Vendor List (if applicable)
• Medical Plan (if applicable)
Please be aware that in some cases you may have to contact federal, state, or county agencies in addition to the City of Solvang for permits related to your Special Event. These might include, but are not limited to:
• California Department of Transportation (Caltrans)
• Santa Barbara County Public Health Department
• Alcohol Beverage Control (ABC)
• Santa Barbara County Fire Department
For example, use of Mission Dr/Highway 246 is operated by Caltrans. In order to use any portion of Mission Dr/Highway 246, you will need to obtain a Caltrans Encroachment Permit directly from Caltrans. The Special Events team representative will advise and assist with coordination with other agencies as needed.
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Insurance Requirements
Insurance requirements are based upon the risk level of the event. If your event will include alcohol sales/distribution, liquor liability coverage must be included on your certificate of insurance.
All Special Events must provide Insurance Requirements as follows:
• A Certificate of Liability Insurance policy naming the City of Solvang as Certificate Holder and Additional Insured with the following wording: The City of Solvang, and its employees, officers, agents, and volunteers, are added as additional insured. • Coverage must be at minimum: Each Occurrence: $1M, Damage to Premises: $100k, Med Exp: $10k, Personal Injury: $1M, General Aggregate: $2M.
Insurance coverage must be maintained for the duration of the event including setup and dismantle dates.
Business Licenses and insurance for event coordinators and vendors is required. Additionally, the applicant will be required to complete and sign the Hold Harmless Agreement, which is found on page 20.
Alcohol Requirements
If you plan to sell or distribute alcoholic beverages at your event, you will be required to:
• Obtain a Special Daily License from the Alcohol Beverage Control (ABC). For information and licensing procedures, please visit www.abc.ca.gov/forms. • Provide fencing for your conditioned area and check identification of all persons entering such areas or provide a suitable alternative approved by local law enforcement and the City.
• Indicate the designated conditioned area(s) on your site plan and include the dimensions of area(s) and mark the entrances and exits.
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Parades
The City has pre-approved routes you will be required to use and are listed on the application. Please be sure to indicate which route you prefer on your application and include a City street map with choice of route marked. If you desire a route other than the City preapproved routes, you may submit a request on your application along with a City map with the alternative route marked clearly. The Public Works Director and the Deputy Sheriff must approve any such request. If approved, the applicant must work with City staff and the Sheriff’s Department to implement a safety plan. Special safety provisions may be required, and all costs associated with the implementation are the sole responsibility of the applicant.
Routes that use Mission Dr/Highway 246 require a Caltrans Encroachment Permit.
Contact Caltrans directly at (805) 549-3134. The applicant is responsible for obtaining this permit, NOT the City. You will be required to submit a copy of your Caltrans Permit before a City permit will be issued. Please contact Caltrans well in advance.
Routes that include Old Mission Santa Inez must be scheduled and approved by their facility manager who can be reached at (805) 688-4815. Proof of approval must be provided to the City.
The Sheriff’s Department will provide a cost estimate for services to monitor the parade route. Such costs will be paid directly to the City on behalf of the Sheriff’s Department.
Sheriff fees must be paid no later than 30 days prior to your parade.
Applicant MUST provide volunteers to assist with traffic control and undertake activities related to traffic control. The deputy assigned will let you know the number of volunteers required. A list of the names of volunteers along with their contact details is mandatory and must be submitted to the Sheriff’s Deputy in charge of the parade route at a minimum of a week prior to your parade. If the Sheriff’s Deputy is not supplied with the required volunteer list and contact information and/or failure of volunteers report to assigned post prior to parade may result in cancellation of the parade and/or shortening of parade route. Parades that start late or run over time will incur additional costs. If you are having difficulty getting volunteers, please contact your Special Events team representative.
Applicant is responsible for securing a street sweeper to clean route immediately following the conclusion of the parade when animals are included as part of the parade or is deemed necessary by the City.
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Traffic Control Plan
Any traffic control must be in accordance with the California Manual on Uniform Traffic Control Devices and must also highlight traffic monitors and police personnel where appropriate.
Applicants will be responsible to furnish and place all traffic control devices per the approved traffic control plan. Should your event require the closure or restriction of any public rightof-way, such as a sidewalk, alley, or street, you must submit a traffic control plan. You will be required to inform the public, including businesses and residences, within 1,000 feet of any closure or restriction at least two weeks prior to the event.
Site Plan
To ensure prompt review of your event application, please provide a site/route plan that is clear and legible. Attach the detailed site/route plan depicting the proposed layout for the event.
Route maps are very important for most events and may be required as part of your traffic control plan.
• Details to include parking, portable toilets, trash cans, recycling containers, dumpsters, equipment, alcoholic and non-alcoholic concession areas, food concession areas, barbecues, generators, tables and chairs, seating, canopies, stages, signs, banners, sound amplification equipment, and tents. Some tents / canopies may require a Fire Department Inspection. Please contact the Santa Barbara County Fire Department at (805) 681-5500 or www.sbcfire.com for application and payment information. We require a copy of such application and payment receipt prior to your event if a tent will be used.
• If your event is held on a City or private Street, or in a City or private parking lot, there must be an unobstructed 20-foot-wide emergency vehicle access lane.
Entrances to streets, alleys, and parking lots must not be permanently blocked at any time. Movable barricades should be used to block streets, alleys, and parking lot entrances.
• Information must be included in regard to use of inflatable devices, animals, placement materials for show vehicles, lighting, signs/banners (must be preapproved by city), or other pertinent information that will better assist us in reviewing the activities and components of your event.
Medical Plan
Any event with more than 500 attendees or a street closure must provide a medical plan.
Medical plans must include a detailed plan of first aid and medical stations. Please include the locations of such stations and the hours that they will be available, as well as the setup and dismantle times. Please list the types of services that will be provided at each station and the personnel names, contact numbers, and other pertinent information. 284
Entertainment and Related Activities
Applicant must ensure that all event related activities comply with local laws. Banners, flags, signs and related devices are regulated by local ordinance. These must be included on your site map and must be pre-approved prior to your event. Photos/artwork of all requested devices should be submitted. Please note feather banners are prohibited in the City of Solvang and the City has adopted a noise ordinance that does not allow amplified music after 10:00pm. Sign regulations, banner applications, and local ordinances can be obtained at www.cityofsolvang.com, or by emailing [email protected].
Food Concession/Vendors
If your special event includes vendors selling food, beverages, merchandise, or services; each vendor must pay a vendor fee of $50 payable to the City of Solvang. Payment for all vendors must be received prior to permit being issued. Event is responsible for collecting fees and then submitting one payment for all vendors participating. A list of all vendors must be submitted including those registered as non-profit organizations. Non-profit groups are exempt from the $50 vendor fee as long as their non-profit number and/or tax exemption identification is provided on a vendor list form. If your vendor has a current valid City of Solvang Business Certificate at the time of your application submission for a special event permit, then they will NOT be charged a $50 vendor fee. Vendor must provide their Business Certificate number on vendor list form as well as date issued. A vendor list template form will be provided to you per your request.
All food concession vendors must obtain a valid County of Santa Barbara TFF Health Permit. Please request this application process from your Special Events Team representative.
Proof of payment of fees and final Health Permits are required before your final permit will be issued.
City Maintenance Crew Assistance
The assistance of the City maintenance crew may be permitted, at the City’s discretion. If Maintenance is deemed a requirement during your set-up, event hours, or break down, you will be charged at a rate of $100 per hour per person with a minimum of a two-hour charge per person. You will receive an estimate of the anticipated costs for staff time prior to issuance of your permit. All fees must be paid prior to your event. Any additional fees post event will be sent via email and will be required payment net 30. If payments are not received net 30 then the fees will be subject to finance charges and interest rates. Any credits shall be processed post event and mailed to the address given on the application.
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Sanitation, Recycling, and Portable Restrooms
Event is responsible for proper disposal of waste throughout the term of the special event and immediately upon conclusion of event, including City containers that are present. The footprint approved for the event must be returned to its pre-event condition. You must have equal numbers of trash cans, recycle containers, and compost stations and events with more than 1,000 anticipated attendees must provide a plan for recycling and waste reduction.
Guidelines state that one (1) chemical toilet must be provided for every 100 people, and that ten percent (10%) of these must be ADA Accessible. You are required to provide portable restroom facilities at your event, unless you can substantiate the sufficient availability of both ADA accessible and non-accessible facilities in the immediate area of the event site, which will be available to the public during your event.
Should you fail to perform adequate cleanup or damage occurs to City of Solvang property and/or facilities due to your event, you will be billed at full cost recovery rate plus overhead for cleanup and repair. For services, please contact Waste Management at (805) 538-9830. 286
City of Solvang
Special Event Permit Procedures
1. Applicant completes an initial event screening questionnaire, which is found here.
2. Applicant will be contacted within one week of questionnaire submission to assist with application coordination.
3. Once the applicant has confirmed event details with the designated Marketing and Events Coordinator, the applicant will fill out the official special events application form, found on page
12. Events seeking to utilize a City park (Solvang Park, Hans Christian Andersen Park, Sunny Fields Park) should also complete the Parks special event application form, found on page 18.
All forms along with applicable layouts/maps should be delivered to City Hall (1644 Oak St.) or emailed to [email protected] and [email protected].
Completed event applications must be received by the City of Solvang no later than:
• 120 days prior to the event – “Large” events requiring a traffic closure and/or events with 500+ anticipated attendees.
• 60 days prior to the event – “Small” events that do not require a traffic closure and have fewer than 500 anticipated attendees.
4. “Large” events that are new to Solvang are required to be presented to the Tourism Advisory Committee (TAC) for their approval. The event applicant is expected to attend the TAC meeting to provide any relevant information as requested. Currently, the TAC meets on the first Thursday of each month at 3:30 p.m.
Please note that other events may be recommended to be presented to the TAC depending on the scope and impact of the event to the community.
5. Events with significant impact to the community may be recommended for presentation to the City Council for their approval at their next available meeting. Currently, the City Council meets on the 2nd and 4th Monday of each month at 6:30 p.m.
6. Applicant must complete remaining steps within time requirements to receive the special event permit. Refer to the guidelines beginning on page 3 for more detailed information. • Provide certificate of liability insurance (required for all events). • Plans vary by the event and may include, but are not limited to the following:
o Site plan
o Alcohol Beverage Control (ABC) License.
o Traffic plans, including Caltrans authorization for use of Hwy 246. o Fire Department authorization
o Medical plans for all events with 1,000+ attendees
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• Complete payment, based on adopted fee schedule. You can submit the application fee via check or request a payment link to pay via credit card. All checks should be made out to the City of Solvang.
o Small Events – $135*
o Large Events – Actual costs*
* Large events have a base rate of $135 but are likely to incur additional expenses. For example, maintenance employees performing event setup, break down or other applicable labor will be billed at rate of $100 per hour per person, in increments no lower than two hours. Maintenance staff will be available at the City’s discretion. Estimates of actual costs will be provided by City staff prior to the issuance of the special event permit.
7. Once requirements have been satisfied, the permit will be signed by the event applicant, followed by the City Manager or his/her designee. This should be completed/authorized at least 30 days prior to the event.
8. Two weeks prior to the event, applicable event staff and City staff conduct a final coordination meeting.
9. Proper noticing for the event shall be completed, as indicated in the Special Events Guidelines, in the Traffic Control guide on page 7.
• Required mailing notices are sent at least two weeks prior to the event. • Street closure signs and no parking signs are placed 48 hours prior to the event.
10. On day of event, appointed on-call contact should be notified immediately in the event of any accidents, damages, or other emergencies.
11. For events hoping to return on annual basis, City staff / event staff shall conduct a post event meeting within one month to discuss any issues that may have come up during the event.
City staff will also make a recommendation for the event to be permitted to return in the future. 288
City of Solvang
Special Event Application
Applicant Information:
Host Organization:
Name of Event:
Date(s) of Event:
Primary Contact:
Primary Contact Phone Number:
Primary Contact Email Address:
Mailing address:
Event Website (if applicable):
Type of Event:
Auto Show
Bike Ride
Walk / Run
Athletic Event – Other Please Describe:
Festival / Carnival
Concert / Performance
Parade
Other – Please Describe:
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Event Setup & Dismantle:
Setup Dates:
Event Dates:
Setup Times:
Event Times:
Dismantle Dates: Dismantle Times:
Anticipated Attendance:
City Street Names and/or Public Areas Requested for Event:
Please be specific. A City street map highlighting requested areas is mandatory. If you would like, please submit a separate list with dates and times of use for each area/street/parking lot, etc.
Food Concession/Vendors:
A list of all vendors must be provided to the City. Each vendor must pay a $50 vendor fee unlessthey are a non-profit organization or have a current valid City of Solvang Business Certificate bythe date of your special event application submittal. Non-profit ID numbers/registration # or a copy of tax exemption must be provided on the vendor list for non-profit organizations.
Vendors with a City of Solvang Business Certificate must provide certificate number and most current date issued. Vendors must also sign the Hold Harmless agreement prior to the event.
Number of expected vendors:
Will food be prepared at this event?
Will Liquid Propane Gas (LPG), Open Flame, or Generators be used? 290
If you plan to serve/sell food, you are required to obtain a health permit from Santa Barbara County Public Health Department at (805) 681) 4900, or www.sbcphd.org/ehs.
Please note: youwill need to provide the City of Solvang with a copy of your SB Health Permit.
Alcohol or Beverage Service:
Will you be serving or selling non-alcoholic beverages at your event? Will you be serving or selling alcoholic beverages at your event? If you plan to serve/sell beverages (alcoholic and non-alcoholic), you are required to obtain a health permit from Santa Barbara County Public Health Department at (805) 681) 4900, or www.sbcphd.org/ehs. Please note: you will need to provide the City of Solvang with a copy ofyour SB Health Permit.
You will be required to contact the Alcohol Beverage Control (ABC) and obtain necessary Special Daily License in order to serve/sell alcohol. Proof of such license must be provided to the City of Solvang. You. Must include on your site map all conditioned area(s) including entrances and exits as required by ABC. For information and licensing procedures, please visitwww.abc.ca.gov/forms.
Parades:
Does your event include a parade? Yes No
If yes, which route will you be using?
Route A: begins at Veteran’s Memorial Building. West on Mission Dr, Left on Fourth Pl, Lefton Copenhagen Dr, Left on Alisal Road, Right on Mission Dr, returning to Veteran’s Memorial Building Parking Lot.
Route B: begins at Veteran’s Memorial Building. West on Mission Dr, Left on Atterdag Rd,Left on Copenhagen Dr, Left on Alisal Road, Left on Mission Dr, returning to Veteran’s Memorial Building Parking Lot.
New Route: Please provide a map of your proposed route. This route will be subject to approval.
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Sheriff Services and Traffic Control Plans & Services:
Your Street Closure Permit will require a contract with the Sheriff Department and/or a Traffic Control Company for traffic control service plans and proper placement of traffic control devices (TCD’s). All events will need to submit a Traffic Control Plan.
Please give details below on your plans for traffic control. You may submit in a separate file if necessary.
Site Plan:
To ensure your application is reviewed promptly, please attach your site/route plan depictingthe proposed layout for your event. Please refer to the Special Event Permit Guidelines for details of what should be included in your site/route plan.
Entertainment and Related Activities:
Are there any entertainment features, musical or otherwise, included in your event? Yes No
Will there be amplified music or announcements at any time during your event? Yes No
If you answered yes to any of the above, please explain below and include locations. 292
Portable Restrooms:
Do you plan to provide restroom facilities? Please note, it may be required.
Yes No
If yes, how many are you providing for your event? Regular:
Please list locations of restrooms and which type on your site map.
ADA:
Sanitation and Recycling:
Please list the amount of each type of unit you will be providing. Please note, it may be arequirement.
Trash Cans:
Dumpsters:
Recycling Containers: Compost Stations:
Please make sure to list locations of units and which type on your site map.
Medical Plan:
If required for your event (a requirement for any event with more than 1,000 attendees), please provide a separate document describing the locations of first aid stations along with thetype of aid offered and who is contracted to provide medical services.
Additional Contacts:
Contact Name & Title: Contact Email:
Contact Name & Title: Contact Email:
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Affidavit of Applicant:
I certify that the information contained in the forgoing application is true and correct to the best of my knowledge and that I have read, understood and agree to abide by the guidelines governing the proposed Special Event under the City of Solvang Municipal Code. I understand that this application is made subject to the rules and regulations established by theCity Council and/or the City Manager or the Manager’s designee. I agree to comply with all other requirements of the City, County, State, Federal, and any other applicable entity, which may pertain to the use of the Event venue and the conduct of the Event. I agree to abide by these rules, and further certify that I, on behalf of the Host Organization, am also authorized to commit that organization, and therefore agree to be financially responsible for any costs and fees that may be incurred by or on behalf of the Event to the City of Solvang and contracted services.
I agree to all conditions stated in the Special Event Guidelines and Application:
Organization:__________________ Title: __________________ Phone: ______________ Email: ________________ Signature: ______________________ Print Name: _________________________ Date: __________________ 294
The City of Solvang owns and maintains three parks: Solvang Park (1630 Mission Dr), Hans Christian Andersen Park (633 Chalk Hill Dr), and Sunny Fields Park (Alamo Pintado Rd). These parks are typically reserved for private parties. However, an organization wishing to rent the park for “special event” usage must complete this form. Completed forms should be sent to [email protected].
Application
Applicant Name ________________________________________________________________________ Organization Name _________________________________________________________________________ Preferred Phone # _________________________________________________________________________ Email Address _________________________________________________________________________ Mailing Address _________________________________________________________________________ Driver’s License # _________________________________________________________________________ Event Date _________________________________________________________________________ Event Type & Website _________________________________________________________________________ Event Start Time / Including set-up: ______________ (Park Opens at 8:00 am) Event End Time / Including clean-up: ______________
Please specify which area(s) you would like to reserve:
HCA: ⃣ Area A ⃣ Area B ⃣ Area C ⃣ Area D ⃣ Skate Park ⃣ Atterdag Bowl ⃣ Lawn Areas ⃣ Parking Lot ⃣ Volleyball Courts ⃣ Pickleball / Tennis Courts Solvang Park: ⃣ Gazebo / Bandstand * ⃣ Lawn Area *
Sunny Fields: ⃣ Area A ⃣ Area B ⃣ Parking Lot ⃣ Lawn Area ⃣ Volleyball Courts * The use/user of the Solvang Park gazebo and/or lawn areas for a private/public function is fully aware that it is located in the public park and comes in “as is” condition and will not be cordoned off from the public stating that the gazebo will be in use for a private/public function. Any user of the gazebo (applicants) understands they must coexist with any and all members of the public that may be present at the gazebo during the hour(s) reserved by the applicant.
Special Event Guidelines
Please remember and respect the fact that this is a public park. The Solvang City Code (available at www.qcode.us/codes/solvang/) is in full effect. Please note the following ordinances concerning City Parks:
11-12-8: Special Events:
1. Events shall not occupy more than seventy five percent (75%) of the park and shall not occupy the picnic benches, to concurrently avail the facility to nonevent participants.
2. Events shall be limited to nonprofit sponsors. (Ord. 99-200,-8-1999) 8-1-2: Park Rules and Regulations:
M. Loudspeakers, Etc.: To use or permit to be used any public address system, loudspeaker, bullhorn or other power amplified sound equipment without first obtaining a written permit from the city manager.
CITY OF SOLVANG
APPLICATION FOR SPECIAL EVENT CITY PARK USAGE
Solvang Parks & Recreation/ 411 Second Street, Solvang CA 93463 / (805) 688-7529 295
N. Handbills: To distribute any handbills or circulars or to post, place or erect any bills, notice, paper or advertising device or matter of any kind.
O. Merchandise and Commercial Enterprises:
1. To sell or offer for sale or to rent or lease any merchandise, article, or thing, whatsoever, unless granted a valid written permit by the city manager.
2. To practice, carry on, conduct or solicit for any trade, occupation, business or profession of whatsoever kind or character without written permission of the city manager.
3. To sell, expose for sale or offer to sell in or along any public street, lane or thoroughfare adjoining or approaching any public park in the city within two hundred feet (200’) of such park any goods wares, or merchandise of any kind whatsoever. This does not apply to businesses on private property that are adjacent to parks.
R. Alcohol Consumption: No person shall consume an alcoholic beverage, or have in his or her possession any receptacle containing any alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed in any public area or park except:
3. In Hans Christian Andersen where written permission for a special event has been obtained from the city manager at least twenty-four (24) hours prior to such act. Individuals, businesses, or organizations engaging in the sale of alcoholic beverages shall be properly licensed by the state department of alcohol beverage control. (Ord. 09-286, 5-26-2009)
Rules and Regulations
VIOLATION OF ANY RULES AND/OR REGULATIONS MAY RESULT IN A MINIMUM $25 PER INFRACTION FEE.
Please observe the following rules as well as those posted throughout the Park
1. Vehicles must be parked in designated parking lot or street parking spaces.
2. Equipment, event supplies, and decoration brought by the user must be removed at the end of each scheduled reservation. Clean-up should be finished by event end time on permit.
3. Personal items used, left, or lost will not be the responsibility of the City.
4. Stakes of any type are NOT allowed in dirt or turf areas.
5. Damage of any kind that occurs to the facilities used is the responsibility of the renter/group.
Renter/group will be required to pay for the damaged property and/or replace the damaged property as determined by the City.
6. Cancellation of an event or change in use times must be submitted in writing a minimum of (5) five working days prior to the start of the event. If weather cancels the event, a full refund will be issued.
Notification may be e-mailed to [email protected] If the City is NOT notified, the user will be billed for this use time.
7. Animals must be kept on leash at all times. S.M.C. 8-1.2 E 2, 6-1-11 B. Please clean up after your pet.
8. Pony rides are prohibited.
9. Closing times are enforced. All users must be out of the parks by closing time. S.M.C. 8-1-2-G
10. Littering is prohibited. All decorations, including but not limited to, tape, balloons, ribbons, streamers, confetti, and other decorating materials must be removed from the picnic area and disposed of properly. Failure to do so will result in an infraction fee. Use the trash containers provided. Recycling is encouraged. S.M.C. 8-1-2 A1
11. Sale of food, drinks, or alcoholic beverages is prohibited without prior written permission from the City.
S.M.C. 8-1-2-0.1.2.3
12. Trash receptacles will be emptied by staff, but the user shall remove any overflow trash.
13. No amplified sound (including radios, phones, IPods, with or without speakers, etc.) is allowed in City parks. S.M.C. 8-1-2 M
Sponsor shall indemnify, defend, and hold harmless the City, its officers, employees, and agents from any and all losses, costs, expenses, claims, liabilities, actions, or damages, including liabilities for injuries to any person or damage to property arising at any time during and/or arising out of or in any way connected to the Sponsor’s use of Public Property, unless solely caused by the gross negligence of willful misconduct of the City, its officers, employees, or agents.
I have read and understand the fees, rules and regulations. I understand that failure to comply with these rules and regulations may lead to partial or total loss of my security/damage deposit, and may lead to a citation under Solvang Municipal Code Chapter (S.M.C.) 12.24.
Organization:__________________ Title: __________________ Phone: ______________ Email: ____________________ Signature: ______________________ Print Name: _______________________ Date: _______________________ 296
HOLD HARMLESS AGREEMENT
The undersigned (hereinafter the “applicant”) understands and agrees to be personally responsible for any damage sustained to the grounds, buildings, fixtures, or equipment, as a result of his/her/its use of City property.
The applicant certifiesthat he/she/it has read and agrees to the City’s Special Event procedures, and acknowledges and understands that additional conditions and fees may be imposed or required at the time of the permit issuance.
The applicant shall hold harmless, defend and indemnify the City of Solvang, its elected officials, officers, employees, agents and volunteers from any damages that may arise as a result of the conduct of the special event for which the permit is being sought. The applicant agrees to defend, protect, indemnify and hold the City of Solvang, its elected officials, officers, employees, agents and volunteers free and harmless from against any and all claims, damages, expenses, loss or liability of any kind or nature whatsoever arising out of or allegedly arising out of, related to, or resulting from the conduct of the permitted event or activity. The applicant shall, at applicant’s own cost, risk and expense, defend any and all claims and all legal actions that may be commenced or filed against the City of Solvang its elected officials, officers, employees, agents and volunteers, and the applicant shall pay any settlement entered into and shall satisfy any judgment that may be rendered against the City of Solvang, its elected officials, officers, employees, agents and volunteers resulting from the permitted event or activity.
I hereby submit this Application for a Special Event Permit for the event described in this application. _____________________________________ ______________________________ _____________ Applicant Signature Date
__________________
Date
Applicant Name
_________________________________
City Manager and/or designee - Name
_________________________________
City Manager and/or designee - Signature
_____ Approve Event ______ Deny Event
Comments: ___________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Stipulations for issuing permit: _______________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Reason for denial: _________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ 297
Agenda Item Number: 12
Solvang City Council STAFF REPORT
PREPARED BY: Laurie Tamura, Contract Planner
Chelsea O’Sullivan, Assistant City Attorney
MEETING DATE: March 14, 2022
SUBJECT: DISCUSS AND PROVIDE GUIDANCE AND POLICY DIRECTION ON
PERMISSIBILITY OF WALK-UP FOOD SERVICE WINDOWS IN THE TOURIST
RELATED COMMERCIAL (TRC) ZONE AND POLICY DIRECTION
REGARDING WALK-UP FOOD SERVICE WINDOWS
RECOMMENDATION:
That the City Council discuss and provide guidance and policy direction to City staff on the permissibility of walk-up food service windows in the Tourist Related Commercial (TRC) Zone.
DISCUSSION:
Section 11-3-1 of the Solvang Municipal Code defines Walk-Up Food Service Windows as, “an opening in an exterior wall of a building through which food, beverage, and other consumable items are provided or served to the general public upon payment of a fee or charge.” Section 11-12-7(C) states “[n]o new or expanded walk-up food service window shall be permitted in the TRC Tourist Commercial District of the city.” The Planning Division has received plans for three projects that wish to include walk-up food service windows associated with a restaurant use that open to a private patio.
Considering the continuation of COVID-19 and the increase in recent years to outdoor dining, Staff is bringing this item for the City Council’s consideration and discussion to receive clarification from City Council on interpretation of the relevant code provisions and the Council’s policy direction for walk-up food service windows.
For context, the history behind the definition and the language in Section 11-12-7(C) and the current projects are summarized below.
Background - Walk-up food service windows were first addressed by City of Solvang in 1993. At their November 22, 1993 meeting, the Solvang City Council discussed a McDonald’s restaurant being proposed in the City. This project pre-dated the City’s current restriction on formula restaurants. The Council expressed a general dislike for the McDonald’s project, and walk-up food service windows and drive through windows in general. Council decided to address the drive-through windows separately and directed staff to prepare an ordinance prohibiting walk-up windows in the Tourist Related Commercial (TRC) zone.
The ordinance prohibiting walk-up food service windows, as drafted by staff, included four findings to support restricting walk-up food service windows in the TRC:
1) Walk-up food service windows in the Village TRC Zone were not consistent with the General Plan in Solvang;
2) Walk-up food service windows were not a use which was received in the EIR for the General Plan;
3) Walk-up food service windows were not listed as a permitted use in the Zoning Ordinance; and 4) No walk-up food service windows had been permitted in the TRC Zone since the adoption of the General Plan.
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As explained in related staff reports, the ordinance was designed to allow four walk-up food service windows pre-dating the ordinance to continue to be used after the above ordinance became effective, as long as the existing use was not expanded, did not change, and was not abandoned. The four existing walk-up food service windows were located at 1510 Mission Drive (then The Patio Restaurant), 1672 Copenhagen Drive (then The Solvang Restaurant), 435 First Street (then Michele’s (or Scott’s) Café), and 1635 Mission Drive (the Oliver Dixon Building, then most recently occupied by Poppie’s Pizzeria). From staff’s research, the Solvang Restaurant has a window opening to the public sidewalk or a patio area open to the public sidewalk where the customer walks up to, orders food, receives the food from the window, whereas the Patio Restaurant had a window open to an enclosed patio with seating. Of the four grandfathered walk-up windows, two (2) are still in operation at 1510 Mission Drive (currently The Big Bopper Drive-In) and 1672 Copenhagen Drive (currently The Solvang Restaurant).
The matter was referred to the Planning Commission for review, as the ordinance would result in an amendment to the City’s zoning code. The Planning Commission considered the proposed ordinance prohibiting walk-up food service windows on January 3, 1994, February 7, 1994 and March 7, 1994.
During discussions commissioners differentiated between walk-up windows facing the public street and those opening to a private patio. Several of the commissioners expressed that walk-up window opening to a private patio were acceptable and did not present the same concerns as those facing a public street. In particular, windows facing private patios did not impact flow of pedestrian traffic on the public right-of-way. Ultimately, the Planning Commission recommended, by a 3/2 vote, that the City Council adopt a zoning ordinance to restrict walk-up food service windows for food-serving uses, except those opening to outdoor dining patios on private property in the TRC Zone.
At their April 25, 1994 meeting, the City Council considered the Planning Commission’s recommendation as well as several other alternatives. After consideration, the City Council adopted, by a 3/2 vote, an ordinance that prohibited new or expanded walk-up food service windows in the TRC.
The adopted ordinance did not include language expressly exempting service windows opening to outdoor dining patios on private property.
Current Projects - There are three current projects that include windows where customers can walk up to and be served. In all these projects the windows face enclosed patio spaces dedicated to that business establishment. Although these projects are not substantively before the City Council at this time, staff has provided a brief description of these projects for comparison with the grandfathered in walk-up service windows.
• 1631 Mission Drive: This project is a conversion of an existing vacant structure into a tasting room. The project proposes to convert an existing window to a service window and to add bar seating at the window. On the interior, the window opens to the proposed tasting room. On the outside the window opens to an enclosed patio.
• 459 Atterdag Road: This is a proposed new construction which received a Conditional Use Permit for Outdoor Entertainment. The project will include outdoor seating areas, three bocce ball courts, and an outdoor wine tasting bar. The outdoor wine tasting bar will include bar seating at the window through which beverages will be served. • 1547 Mission Drive: An existing business that made improvements for COVID-19 adaptations in 2020, which included expanding their existing patio and replacing three (3) existing windows facing the patio area with service windows.
ALTERNATIVES:
1. Direct staff to propose relevant code amendments consistent with City Council policy direction.
2. Provide further direction to staff.
299
FISCAL IMPACT:
There is no immediate fiscal impact from the City Council’s direction and guidance related to walk-up food service windows.
ATTACHMENTS:
A – Solvang Municipal Code Section 11-3-1 (excerpt)
B – Solvang Municipal Code Section 11-12-7
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3/1/22, 10:56 AM 11-3-1 Definitions.
qcode.us/codes/solvang/ 11/12
easement, right-of-way, or extension thereof cannot be reasonably expected to serve more than four (4) existing or future building sites under the presently applicable zoning and subdivision regulations.
STREET FRONTAGE. The portion of a property line abutting a public or private street.
STRUCTURAL ALTERATION. Any change in the supporting members of a building or structure such as bearing walls, column beams or girders, or in the dimensions or configurations of the roof.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground excluding trailers and sidewalks.
STUDIO DWELLING UNIT. A single dwelling unit which does not contain a bedroom and which is located within a two-family dwelling or a multiple-family dwelling.
SUBDIVISION. A division of land as defined in the California Subdivision Map Act.
SUBSTANTIAL CONFORMANCE/COMPLIANCE. Free from variation or contradiction, except when minor, legal, justified and supported by the facts.
SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on site or off site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
TARGET POPULATION. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse or other chronic health conditions, or individuals eligible for service provided pursuant to the Lanterman Developmental Disabilities Services Act (division 4.5 [commencing with section 4500] of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
TEMPORARY GUEST. Nonpaying guests occupying the premises for no more than one hundred twenty (120) days in any twelve (12) month period.
TOWNHOUSE. A residential dwelling that is attached to one (1) or more other houses, but which sits directly on a parcel of land that is owned along with the structure. Generally townhomes/townhouses do not have neighbors above or below. A simple townhome combines the features of condominium and single-family home.
TRAILER. A vehicle with or without motor power which is designed or used for human habitation, office, shops or storage including camper, travel trailer and mobile home, but not including mobile homes on a permanent foundation.
TRANSITIONAL HOUSING. Buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.
Transitional housing is temporary (often six (6) months to two (2) years) housing for a homeless individual or family who is transitioning to permanent housing. Transitional housing may include a supportive services component (e.g., job skills training, rehabilitation counseling, etc.) to allow individuals to gain necessary life skills in support of independent living.
URBANIZATION. An area shown on the land use element maps of the city’s general plan, within which is permitted the development of residential, commercial and industrial activity, and their related uses, buildings and structures.
VILLAGE AREA. See definition of Solvang Village Area.
VISION CLEARANCE. A triangular space at the street or highway corner of a corner lot containing no planting, walls or other structure exceeding three (3) feet in height. Vision clearance shall be measured along the street line from the corner to the hypotenuse of the triangle.
WALK-UP FOOD SERVICE WINDOW. An opening in an exterior wall of a building through which food, beverage and other consumable items are provided or served to the general public upon payment of a fee or charge.
Attachment A
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3/1/22, 10:58 AM 11-12-7 Business uses.
qcode.us/codes/solvang/ 1/1
Solvang Municipal Code
Up Previous Next Main Search Print No Frames
Title 11 ZONING REGULATIONS
Chapter 12 SUPPLEMENTAL REGULATIONS
11-12-7 Business uses.
A. Location Filming. A temporary land use permit for the use of any property, regulated by this title as background for commercial motion pictures or television may be approved by the planning/community development director upon written application of the owner of the property or authorized representative, if the planning/community development director finds that the use will not be detrimental to the public safety, health or welfare. The application shall set forth the location of the property, the name of the owner of the property, the name and address of the filming company, the name of a representative of the filming company who will be on the property during the filming and responsible for compliance with any conditions imposed by the planning/community development director, the dates of the filming, the hours of the filming, the methods of illumination and the plans for parking the motor vehicles and equipment of the filming company. The planning/community development director shall have the right to impose reasonable conditions upon the said location filming in order to protect and preserve the public safety, health or welfare. The applicant or any property owner, whose property is adversely affected by any decision of the planning/community development director, may appeal the decision to the planning commission as set forth in title 1, chapter 6 of this code.
B. Parking Lot Sales. In any C-2 or C-3 District, the operator of an existing retail store, shop or establishment may apply for a temporary land use permit for a parking lot sale. If the proposed sale when added together with the establishment’s other parking lot sales within the same calendar year exceeds four (4) days, a minor conditional use permit shall be required prior to the issuance of a land use permit. If the proposed sale when added together with the establishment’s other parking lot sales within the same calendar year does not exceed four (4) days, the application shall be made to the planning/community development director for a land use permit. The planning/community development director shall not issue the permit unless a finding is made that the proposed sale will not be detrimental to the public health, safety and welfare and that adequate on-premises pedestrian access and parking will exist during the proposed sale. The planning/community development director may impose any reasonable conditions in the permit necessary to protect and preserve the public health, safety and welfare.
C. Walk-Up Food Service Windows. No new or expanded walk-up food service window shall be permitted in the TRC Tourist Commercial District of the city.
D. Drive-Through Facilities. No new or expanded drive-through facility shall be permitted in any district of the city. Existing financial institution drive-through facilities may be modified to incorporate an automated teller machine (ATM) into the current operation, provided all other drive-through facilities on the site are eliminated.
E. Formula Restaurants. No new or expanded formula restaurant shall be permitted in the TRC Tourist Commercial District of the city. (Ord. 94-151, 1994; Ord. 94-150, 5-9-1994; Ord. 94-149, 1994; Ord. 90-112, 1990) View the mobile version.
Attachment B
302
v Agenda Item Number: 13
Solvang City Council STAFF REPORT
PREPARED BY: Xenia Bradford, City Manager
Jose Acosta, Utilities Director
MEETING DATE: March 14, 2022
SUBJECT: 2022 CCWA SUPPLEMENTAL WATER PURCHASES
RECOMMENDATION:
That the City Council:
a. Authorize the City Manager to approve a budget adjustment between the amounts of $540,000- $675,000 and authorize staff to purchase supplemental water for 2022 within this budget limitation; and
b. Authorize the City Manager to execute all documents associated with the purchase of supplemental water for 2022.
SUMMARY:
The Utilities staff performs multi-year water supply planning in the fall of each year. The Department of Water Resources (DWR) current allocation of State Water for calendar year 2022 is only 15%. This amount equates to approximately 225 acre-feet of available water. Last year’s allocation was 5% which was a historic low. The low allocations and Statewide Drought conditions have led the City to issue Drought Stage 2 conditions.
Staff continues to manage the water resources available and SWP allocations in a responsible manner along with the continued efforts of the citizens and their conservations practices. With the current drought conditions, lack of rainfall, uptick in tourists’ activities, and groundwater depreciations it will be prudent for the City to submit their request for supplemental water purchases, not to exceed 650 acrefeet.
CCWA staff are currently seeking and negotiating with potential partners for these purchases. CCWA is reaching out to other participating water agencies for their need to participate in the sale of water, and a second source will be through the State Water Contractors Dry Year Transfer Program, through these two avenues, and others, we are hoping to negotiate the best price for available water. The estimated prices for the purchases currently vary between $1,200-$1,500 an acre-foot. Based on the requested amount of 450 acre-feet of supplemental water this dollar amount would be between $540,000- $675,000. This amount can also vary higher or lower based on the negotiated prices and timing of our execution of the required agreements.
DISCUSSION:
The City of Solvang relies on four primary water supply sources: State water, River Wells, Upland Wells, and connections with the Santa Ynez River Water Conservation District-Improvement District No. 1 (ID-1). As a cost savings measure, use of ID-1 water is minimized due to the extremely high cost of this source. Therefore, the three other sources supply most of the City’s water. The Utilities Department staff performs multi-year water supply planning in the fall of each year once the initial State Water allocation for the subsequent year is announced by the California Department of Water Resources (DWR).
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The City of Solvang has relied upon State water deliveries since 2003 (shortly after State water deliveries began) as one of its primary sources of water supply. DWR administers the State Water Project and issued a notice of water delivery this January for the 2022 calendar year. DWR adjusts their estimate of State water available based on rainfall, snowpack in the Sierra Nevada Mountains, reservoir levels, and environmental restrictions on pumping. DWR’s current allocation of State Water for calendar year 2022 is only 15%, which equates to approximately 225 acre-feet. DWR has recently mentioned that it will continue to monitor the criteria used to determine allocation of Table “A” water. If the pattern of no rainfall or snowpack continues, they may need to adjust the current 15% allocation down.
With the possibility of the state water allocations being decreased, city upland wells experiencing drops in their groundwater tables, variation of water flows through the river near the City’s river wells and high price tag of purchasing water from SYCSD ID#1, it is important for the City to consider the purchase of supplemental water through the SWP. Staff is requesting an initial request of an additional 650 acrefeet of purchase supplemental water.
Staff continue to operate its water supplies in the most efficient manner, taking into consideration of several factors, availability of water supplies, costs for purchased water, stress on well infrastructure, and customer demand for water supplies. In 2021 staff managed the use of state water allowing a carryover of 549 acre-feet for the 2022 calendar year. With a predicted consumer demand of approximately 1300 acre-feet of water the purchase of supplemental water is needed. The estimated water production and purchase is as follows for calendar year 2022, chart also attached:
- Total Demand ~1300 acre-feet
- Well production (upland and river wells) ~495-acre feet - State Water ~775 acre-feet
- ID#1 purchased water (during winter months)- 30 acre-feet With only a carryover of 549 acre-feet in state water we will experience a deficit of approximately 225 acre-feet of water. Staff is requesting the purchase of 450 acre-feet allowing a buffer in the event the city experiences a loss of its own water production infrastructure and proving a buffer for the 2023 calendar year.
CCWA staff has commenced the negotiating process with several other SWP participants, gauging their interest and costs demand for the sale of supplemental water. With some agencies willing to sell the water at a lower rate than the predicted $1,200-$1,500 an acre-foot amount, it would be prudent and responsible for the City to respond and provide the proper executed agreements in a timely manner. The City would need to submit all requests and agreements through ID#1 with completion and execution of a Water Purchase Facilitation Agreement. Attached is a copy of the facilitation agreement executed and approved for calendar year 2021 for review. Also attached are copies of the SWPP Participation Agreement which ID#1 will execute on behalf of the City.
Staff recommends proceeding with a supplemental purchase of approximately 450 AF (through CCWA) within a budget limit not to exceed amount of $675,000. In the past, purchase of outside supplemental water has resulted in significant cost savings versus purchasing supplemental water from ID-1. If authorized, staff can proceed within the budget constraints established by the City Council and decline to purchase any water if costs are above these limits. If the purchase is declined, the City would only be responsible for administrative costs incurred to that point. Any water purchased and not used in 2022 can be beneficially carried over to 2023.
FISCAL IMPACT:
If the City Council chooses to proceed with the supplemental water purchase as recommended by staff, the fiscal impact will in an amount not to exceed $675,000 drawn from Water Fund.
ATTACHMENTS:
A. Solvang-2021 Water Purchase Facilitation Agreement between ID1 and City B. CCWA 2022 SWPP Participation Agreement
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WATER PURCHASE FACILITATION AGREEMENT
This Water Purchase Facilitation Agreement ("Agreement"), is entered into on April 1, 2021 ("Effective Date"), by and between the Santa Ynez River Water Conservation District, Improvement ID No.1 ("District"), an Improvement District of a Water Conservation District duly organized and existing pursuant to the Water Conservation District Act, and the City of Solvang (the "City"), a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California, is entered into at Santa Ynez, California, with reference to the following facts and intentions. The City and the District are collectively referred to herein as the "parties," or "party," singularly.
Recitals
A. The Central Coast Water Authority ("Authority") owns, operates and maintains water conveyance, storage and treatment facilities to deliver water from California's State Water Project to cities, water districts and other water purveyors and users in Santa Barbara County (collectively, "Project Participants"), where the District is a Project Participant;
B. The Authority and the District are parties to a Water Supply Agreement dated August 1, 1991, as amended from time to time, related to the matters described in Recital A above;
C. Due to persistent drought conditions, it is anticipated that the Department of Water Resources will be unable to deliver to the Authority the quantity of State Water Project water needed by the Authority for delivery to the Project Participants; D. The Authority has determined that it should seek to acquire water from other sources as needed by the Project Participants;
E. The Authority is entering into a 2021 Supplemental Water Purchase Program Participation Agreement ("Participation Agreement") with each Project Participant that is interested in purchasing supplemental water identified and secured by the Authority; F. The City desires to execute any and all agreements and other documents as may be necessary for the City to purchase approximately four hundred (400) acre-feet ("AF") of supplemental water from the 2021 Supplemental Water Purchase Program; G. The City has requested assistance from the District as a Project Participant to facilitate the acquisition of approximately 400 AF of water for the City through the Authority's 2021 Supplemental Water Purchase Program, and the City is willing to pay all costs and other expenses, and to assume all obligations and other liabilities pertaining thereto in accordance with a Participation Agreement between the Authority and the District, any Statement of Intent submitted by the District, any Binding Agreement to Purchase between the Authority and District, and any other commitments by the District related to acquiring water from the Authority on behalf of the City but only with respect to the amount of water to be acquired by the City under the Authority's 2021 Supplemental Water Purchase Program; and,
Attachment A
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H. The District and the City desire to enter into this Agreement on the terms and conditions stated below.
NOW THEREFORE, the parties hereto agree as follows:
1. Participation Agreement. The City requested that the District enter into a Participation Agreement with the Authority in order to facilitate the City's acquisition of water through the District that is identified and secured by the Authority. A copy of the Participation Agreement between the District and the Authority is attached as Exhibit "A", the terms of which are incorporated herein by this reference. To the extent of the City's acquisition of water under the Authority's 2021 Supplemental Water Purchase Program, the City shall be bound to the District under the terms of the Participation Agreement between the District and the Authority, just as the District is bound to the Authority by the terms of the Participation Agreement. To the extent of the City's acquisition of water under the Authority's 2021 Supplemental Water Purchase Program, the City also shall be bound to the District under the terms of any Statement of Intent submitted by the District, any Binding Agreement to Purchase between the Authority and the District, and any other commitments by the District to the Authority, just as the District is bound under said documents in connection with the acquisition of supplemental water from the Authority on behalf of the City. The parties hereto acknowledge and agree that for purposes of acquiring supplemental water for the City as described in this Agreement, the District is acting as an intermediary between the Authority and the City since the City is not a Project Participant and does not have any direct contractual relationship with the Authority. The District will forward any proposed modifications or amendments to the Participation Agreement or any related agreements to the City for review and instructions on how the City desires to proceed. Under no circumstances shall the District agree to modifications or amendments to the Participation Agreement or any related agreements as provided herein without the consent of the City.
2. Quantity. The City desires to purchase a maximum of four hundred (400) acrefeet of water through the 2021 Supplemental Water Purchase Program and requests the District to request such amount from the Authority on behalf of the City in the Participation Agreement.
3. Procedure. Pursuant to the Participation Agreement, the Authority will notify ("Notice") the District if and when the Authority has identified water for acquisition along with the corresponding acquisition terms. Upon receipt of a Notice, the District will endeavor to timely forward the Notice to the City. In turn, the City will timely notify the District whether the City desires to participate in the acquisition, and the City will provide the District with instructions and any requested information pertaining to the acquisition.
The District will then endeavor to timely respond to the Notice in accordance with the information and instructions provided by the City. If the City does not timely respond to the District, or the District, for any reason, does not timely respond to the Authority, the District shall not have any liability or obligation for responding or not responding to any Notice received from the Authority, as applicable, even if the result is losing all or any opportunity to acquire water under the Participation Agreement.
4. Payments. Pursuant to the Participation Agreement, the Authority requires a participating Project Participant to make certain deposits and payments of expenses at the time of entering into a Participation Agreement, and at any other time as necessary 2 306
to ensure that the Authority has sufficient advance funds to pay all of its costs and expenses. If the advance funds are insufficient for any reason, the Authority may require a participating Project Participant to pay any and all additional expenses for the amount of water to be purchased under the Participation Agreement as established under the 2021 Supplemental Water Purchase Program. Upon receipt of any request for payment ("Request") from the Authority, the District will endeavor to timely forward the Request to the City. In turn, the City shall timely forward payment in full to the District for each and any Request as a condition precedent to the District paying the Authority. The City acknowledges and agrees that the timeliness of payment by the City may be dictated by the terms of a Request from the Authority. If the City does not timely 'pay the District, or the District, for any reason, does not timely forward payment to the Authority, the District shall not have any liability or obligation to enter into the Participation Agreement or respond to any Request, as applicable, even if the result is losing all or any opportunity to acquire water under the Participation Agreement.
5. Term.
5.1 Term. The term of this Agreement shall commence on the Effective Date and continue until the termination of, the Participation Agreement, unless sooner terminated as provided for herein.
5.2 Termination. This Agreement may be terminated by the City in accordance with the District's rights to terminate the Participation Agreement; provided, however, that no termination of this Agreement shall be effective unless and until the District has effectively terminated the Participation Agreement and any related agreements pertaining to the acquisition of supplemental water from the Authority on behalf of the City. If the City desires to terminate this Agreement, the City shall provide written notice to the District. In turn, the District will notify the Authority of the District's desire to terminate the Participation Agreement and any related agreements as provided herein. This Agreement shall terminate upon: (i) effective termination of the Participation Agreement and any related agreements pertaining to the acquisition of supplemental water from the Authority on behalf of the City; and (ii) complete discharge by the City of all financial and other obligations under this Agreement.
6. District Costs and Expenses. The City shall pay the District for all of the District's actual costs and expenses related to assisting the City with the acquisition of water pursuant to this Agreement including, but not limited to, salaries for District employees, fees and costs for consultants, fees and costs for attorneys, travel, photo copying, and document deliveries, such that the District is fully reimbursed for all its costs and expenses. Except as otherwise provided in Section 4, above, the City will pay the District's costs and expenses within thirty (30) calendar days of the date of each invoice. If the City does not timely pay the District its costs and expenses, the District shall not have any obligation to enter into the Participation Agreement or respond to any Notice, as applicable, even if the result is losing all or any opportunity to acquire water under the Participation Agreement.
7. Disclaimer of Liability. To the maximum extent permitted by law, neither the District, nor any of its elected officials, officers, agents, employees, consultants, or attorneys shall be liable to the City for any claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses resulting from the District failing to timely perform its obligations under this Agreement, the Participation Agreement, or any related 3 307
agreements pertaining to the acquisition of supplemental water from the Authority on behalf of the City, whether resulting from inadvertence, negligence, omission, or any other reason. The City acknowledges and agrees that the District is in good faith facilitating the City's attempted acquisition of supplemental water through the Authority's 2021 Supplemental Water Purchase Program, in exchange for full reimbursement of the District's costs and expenses and full assumption of the District's obligations and liabilities under the Participation Agreement, and as provided in this Agreement, and, as a result, it is the intent and agreement of the parties hereto that the District shall not incur any liability for such assistance to the City, regardless of the cause except as limited by law.
8. Indemnification. The City shall indemnify, defend, and hold harmless the District, its elected officials, officers, agents, employees, consultants, and attorneys from and against any and all claims, liabilities, damages, losses, actions, penalties, proceedings, and expenses, including but not limited to attorneys', paralegals', consultants', and experts' fees, costs and expenses, which arise out of or result from any liability or losses as a result of, or in any way related to, this Agreement, the Participation Agreement, and any related agreements pertaining to the acquisition of supplemental water from the Authority on behalf of the City, but limited to the extent of the City's acquisition of water under the 2021 Supplemental Water Purchase Program, except to the extent of any liability, loss, cost or expense is caused by the District's active negligence or willful misconduct.
9. Remedies. If the City does not timely perform its obligations pursuant to this Agreement, the District shall be entitled to proceed to protect and enforce its rights as provided in this Agreement by such appropriate judicial proceedings as the District shall 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 in the District by this Agreement or by law. The provisions of this Agreement and the duties of the City, and of its elected officials, officers, agents, or employees shall be enforceable by the District by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction, with the losing party paying all of the prevailing party's attorneys', paralegals', and consultants' costs and fees.
10. General Provisions.
10.1 Recitals. The recitals stated at the beginning of this Agreement of any matters or facts shall be conclusive proof of the truthfulness thereof and the terms and conditions of the recitals shall be deemed a part of this Agreement.
10.2 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 mailing the same by United States mail (postage prepaid, registered, or certified, return receipt requested) or by Federal Express or other similar overnight delivery service, to the party to whom the notice is directed at the address of such party as follows:
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To the District:
With a copy to:
To the City:
With a copy to:
General Manager
Santa Ynez River Water Conservation District,
Improvement District No.1
P.O. Box 157
3622 Sagunto Street
Santa Ynez, CA 93460
Gary M. Kvistad
Brownstein Hyatt Farber Schreck, LLP
1021 Anacapa Street, Second Floor
Santa Barbara, CA 93101
City Manager
City of Solvang
1644 Oak Street
Solvang, CA 93463
Dave Fleishman, City Attorney
Richards Watson Gershon
847 Monterey Street, Suite 206
San Luis Obispo, CA 93401
Any communication given by mail shall be deemed delivered two (2) business days after such mailing date, and any communication given by overnight service shall be deemed delivered one (1) business day after the dispatch date. Either party may change its address by giving the other party written notice of its new address. Any notices required under this Agreement shall be provided expressly in writing. All defaults shall not be declared unless the alleged defaulting party is given written notice, and be given a reasonable opportunity to cure.
10.3 Successors and Assigns. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns. Nothing in this Agreement, expressed or implied, is intended to confer on any person other than the parties or their respective heirs, successors, and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.
10.4 Assignability. This Agreement shall not be assignable by the City without the prior written consent of the District, which shall have the sole discretion to consent or not to consent to any proposed assignment. Any attempted assignment without the prior written approval of the District shall be void.
10.5 Waiver. No waiver by either party of any of the provIsIons of this Agreement shall be effective unless explicitly stated in writing and executed by the party so waiving. Except as provided in the preceding sentence, no action taken pursuant to this Agreement, including, without limitation, any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action. The waiver by any party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. 5 309
10.6 Headings. The section headings contained in this Agreement are for convenience and reference only and shall not affect the meaning or interpretation of this Agreement.
10.7 Severability. If any term, provision, covenant, or condition of this Agreement is deemed by a court of competent jurisdiction to be illegal, null, void, unenforceable, or against public policy, the remaining provisions of this Agreement shall remain in full force and effect, and shall not be affected, impaired or invalidated. The term, provision, covenant, or condition that is so invalidated, voided, or held to be unenforceable, shall be modified or changed by the parties to the extent possible to carry out the intentions and directives set forth in this Agreement.
10.8 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument.
10.9 Governing Law. This Agreement shall be governed by and interpreted in accordance with, the laws of the State of California, with venue proper only in the County of Santa Barbara, State of California.
10.10 Parties in Interest. Nothing in this Agreement, whether expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons or parties other than the parties to this Agreement and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons or parties to any party to this Agreement, nor shall any provision give any third persons or parties any right of subrogation or action against any party to this Agreement
10.11 Attorney Fees. If any legal proceeding, including but not limited to an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover actual attorneys', paralegals', and consultants' fees and costs, which may be determined by the court in the same action or in a separate action brought for that purpose. The attorneys', paralegals', and consultants' fees and costs award shall be made as to fully reimburse for all fees, costs, and expenses actually incurred by the prevailing party in good faith, regardless of the size of the judgment, if being the intention of the parties to fully compensate for all attorney, paralegal, and consultant fees, costs, and expenses paid or incurred in good faith.
10.12 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.
10.13 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 and shall not be construed for or against either party, as each party has participated in the drafting of this document and had the opportunity to have their legal counsel review it. Whenever the context and construction so requires, all words used in the singular shall be deemed to be used in the plural, all masculine shall include the feminine and neuter, and vice versa. 6 310
10.14 Several Obligations. Except where specifically stated in this Agreement to be otherwise, the duties, obligations, and liabilities of the parties are intended to be several and not joint or collective. Nothing contained in this Agreement shall be construed to create an association, trust, partnership, or joint venture or impose a trust or partnership duty, obligation, or liability on or with regard to either party. Each party shall be individually and severally liable for its own obligations under this Agreement.
10.15 Authority. The individuals executing this Agreement represent and warrant that they have the authority to enter into this Agreement on behalf of their respective 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.
10.16 Entire Agreement. This Agreement contains the entire understanding and agreement of the parties, and supersedes all prior agreements and understandings, oral and written, between the parties with respect to the subject matter of this Agreement.
There have been no binding promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, of any character or nature, except as stated in this Agreement. This Agreement may be altered, amended, or modified only by an instrument in writing, executed by the parties to this Agreement and by no other means. Each party waives its future right to claim, contest, or assert that this Agreement was modified, canceled, superseded, or changed by any oral agreement, course of conduct, waiver, or estoppel.
IN WITNESS WHEREOF, the parties have executed and entered this Agreement as of the effe · date first above written.
SANTfb. Y Z RIVER WATER CONSERVATION DISTRICT,
IMPR MENT DISTRICT NO.1
Paeter Garcia, General Manager
CITY OF SOLVANG
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EXHIBIT "A"
312
CENTRAL COAST WATER AUTHORITY
2021 SUPPLEMENTAL WATER PURCHASE PROGRAM
PARTICIPATION AGREEMENT
This Supplemental Water Purchase Program Participation Agreement C'Agreement'') is made as of April 1, 2021 by and between
CENTRAL COAST WATER AUTHORITY ("'Authority")
and
SANTA YNEZ RIVER WATER CONSERVATION DISTRICT,
IMPROVEMENT DISTRICT NO. 1 ("Contractor") (each, a "Party," and together, the "Parties").
RECITALS
A. The Authority owns, operates and maintains water conveyance, storage and treatment facilities to deliver water from California's State Water Project to cities, water districts and other water purveyors and users in Santa Barbara County pursuant to one or more water supply agreements (collectively, the "CCW A Participants").
B. The Authority and Contractor are parties to a Water Supply Agreement dated August 1, 1991, as amended from time to time, related to the matters described in Recital A.
C. Due to persistent drought conditions, it is anticipated that the State Water Project will be unable to deliver to the Authority the quantity of water needed by the Authority for delivery to the CCW A Participants.
D. The Authority has determined that it should seek to acquire water from other sources.
E. Contractor has determined that it wishes to participate in the Authority's program to secure supplemental sources of water, and is willing to share in the expenses pertaining thereto in accordance with the terms and conditions of this Agreement. For purposes of this Agreement, the term "Participating Contractors" shall mean Contractor and any CCW A Participant that has executed a 2021 Supplemental Water Purchase Program Participation Agreement.
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:
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AGREEMENT
2021 Supplemental Water Purchase Program
Participation Agreement
1. Representation: Delivery Goal; Cooperation with the Authority. Contractor agrees that the Authority shall be authorized to represent Contractor in the identification, structuring and negotiation of transactions for the acquisition of imported water rights, contract water and other water and/or water related assets (collectively, the "Supplemental Water''). Contractor represents that it is seeking to acquire four hundred (400) acre feet ("AF") of Supplemental Water over the term of this Agreement ("Initial Goal"). Contractor shall be entitled to request an increase or decrease in the Initial Goal (the Initial Goal as revised in accordance with this Paragraph 1 being the "Contractor's Delivery Goal") by executing and delivering to the Authority, at any time during the term of this Agreement, an Amendment to Participation Agreement in a form approved by the Authority, subject to the provisions of this Agreement requiring that all costs allocated under this Agreement, including costs incurred prior to the delivery of the Notice, as defined in Paragraph
2.1, shall be allocated to Contractor in accordance with the Contractor's Delivery Goal. No such Amendment to Participation Agreement shall be effective unless and until it is executed by the Authority.
2. Notification of Purchase Owortunity: Statement of Intent: Allocation of Delivered Supplemental Water; Allocation of Costs; Deposits.
2.1 Notification of Purchase Opportunity. The Authority shall notify Contractor of each opportunity to acquire Supplemental Water identified by the Authority (each, a "Purchase Opportunity"), which notification to Contractor (the "Notice") shall be either in electronic or written format and shall include a deadline for Contractor's response and the following information to the extent it is available to the Authority: anticipated available quantity, purchase price, date of scheduled delivery, delivery risk (including anticipated transmission losses), and the anticipated procedure and schedule for environmental review.
2.2 Statement of Intent. Upon receipt of the Notice, Contractor may submit to the Authority a Statement of Intent ("Statement of Intent" or '•SOI"), in the form of the attached Exhibit A, which shall include the quantity of water Contractor intends to acquire in connection with the Purchase Opportunity ("SOI Quantity"). If Contractor submits a Statement of Intent prior to the deadline set forth in the Notice, the Authority shall secw·e and provide to Contractor (a) a copy of the proposed purchase agreement for the supplemental water supply ("'Supplemental Water Purchase Agreement"), and (2) a Binding Agreement to Purchase in the form of the attached Exhibit B to be signed by Contractor under which Contractor agrees to take delivery of the SOI Quantity on the terms and conditions stated therein. For purposes of this Agreement, Participating Contractors who submit a Statement oflntent and executes a Binding Agreement to Purchase shall be referred to herein as "Purchase Opportunity Participants."
2.3 Oversubscription; Allocation of Delivered Supplemental Water. As to each Purchase Opportunity, if the Authority receives signed Statements of Intent from Purchase Opportunity Participants where the aggregate SOI Quantity from all Purchase Opportunity Participants exceeds the amount of Supplemental Water available under the particular Purchase Opportunity, the amount of Supplemental Water available under the Purchase Opportunity shall be allocated for purchase to the Purchase Opportunity Participants in proportion to the respective Delivery Goals of such Purchase Opportunity Participants, provided, however, that no such 22494266
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Purchase Opportunity Participant shall be allocated an amount that exceeds that Purchase Opportunity Participant's Delivery Goal.
2.4 Allocation of Costs. Contractor shall pay to the Authority Contractor's pro-rata share of the Authority's Total Expenses (as defined below), which pro-rata share shall be calculated as follows:
2.4.1 For Total Expenses arising from services rendered by the Authority prior to the Authority's identification, in writing, of a specific Purchase Opportunity, Contractor's pro-rata share shall be equal to Contractor's Delivery Goal divided by the sum of the Delivery Goals of all Participating Contractors as defined in their respective participation agreements. Once Contractor has received a quantity of Supplemental Water that meets the Contractor's Delivery Goal, Contractor will no longer be obligated to share in the Total Expenses allocated under this Subparagraph 2.4.2.
2.4.2 For Total Expenses arising from services rendered by the Authority after the Authority's identification, in writing, of a specific Purchase Opportunity, and that relate specifically to that Purchase Opportunity, and if Contractor has submitted a Statement of Intent, Contractor's initial pro-rata share shall be equal to Contractor's SOI Quantity for that Purchase Opportunity divided by the sum of the SOI Quantities set forth in the Statements of Intent submitted by all Purchase Opportunity Participants. In the event that no Statements of Intent are executed and delivered by any Participating Contractor, the pro-rata share under this Subparagraph shall be calculated in accordance with Subparagraph 2.4. l above. After all water related to a specific Purchase Opportunity has been delivered, and all expenses have been determined, the Total Expenses related to that Purchase Opportunity shall be reallocated by the Authority among the Participating Contractors according to the actual quantity of water delivered to each Participating Contractor.
2.4.3 For all payments made by the Authority to any Seller (as that term is defined in the applicable Binding Agreement to Purchase), Contractor's pro-rata share of such payments to Seller shall be equal to Contractor's quantity of water to be purchased under the Binding Agreement to Purchase divided by the sum of such quantities for all Purchase Opportunity Participants with respect to such Seller.
2.4.4 For Total Expenses arising from services that are of benefit to only one Participating Contractor, that Participating Contractor shall pay for the expenses related to said services.
2.4.5 "Total Expenses" shall mean all out-of-pocket expenditures made by the Authority arising under this Agreement, including but not limited to environmental review, consultant reports, legal expenses and any other costs related to any transaction arising under this Agreement.
2.5 Deposit. Prior to execution of this Agreement, the Authority prepared and delivered to Contractor an estimate of Contractor's anticipated financial obligations under Subparagraph 2.4 of this Agreement through the end of the 2021 calendar year, and has provided that estimate to Contractor. Concurrently with execution of this Agreement, Contractor shall place on deposit with the Authority the amount stated in the estimate. 22494266
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2.6 Subsequent Deposits. Prior to the end of the 2021 calendar year, the Authority shall provide to Contractor an estimate of Contractor's anticipated financial obligations under Subparagraph 2.4 of this Agreement for such period of time as shall be determined by the Authority's Executive Director. Contractor shall place on deposit with the Authority the amount stated in the estimate no later than the deadline established by the Authority's Executive Director.
2. 7 Invoices and Payments. In the event the Authority reasonably determines that the deposit paid by Contractor to the Authority will be insufficient to cover Contractor's financial obligations hereunder, the Authority is authorized to deliver to Contractor a revised estimate of those financial obligations and an invoice for an additional deposit. Contractor shall remit the amount stated in the invoice within thirty (30) days of receipt.
2.8 Obligation in the Event of Default.
2.8.l Written Demand Upon Failure to Make Payment. Upon Contractor's failure to make any payment in full when due under this Agreement or to perform any other obligation hereunder, the Authority shall make written demand upon Contractor, and if such failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default at the expiration of such period. A copy of the notice of such demand shall also be provided to each Participating Contractor by the Authority. Upon failure of the Authority to perform any obligation of the Authority hereunder, Contractor shall make written demand upon the Authority, and if said failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default at the expiration of such period. A copy of the notice of such demand shall also be provided to each Participating Contractor by Contractor.
2.8.2 Other Events of Default. In addition to any default resulting from breach by the Authority or Contractor of any agreement, condition, covenant or term hereof, if the Authority or Contractor shall file any petition or institute any proceedings under any act or acts, state or federal, dealing with or relating to the subject of bankruptcy or insolvency or under any amendment of such act or acts, either as a bankrupt or as an insolvent or as a debtor or in any similar capacity, wherein or whereby the Authority or Contractor asks or seeks or prays to be adjudicated a bankrupt, or is to be discharged from any or all of its debts or obligations, or offers to. its creditors to effect a composition or extension or time to pay its debts, or asks, seeks or prays for a reorganization or to effect a plan of reorganization or for a readjustment of its debts or for any other similar relief, or if the Authority or Contractor shall make a general or any assignment for the benefit ofits creditors, then in each and every such case the Authority or Contractor, as the case may be, shall be deemed to be in default hereunder.
2.8.3 Termination of Contractual Rights� Continuing Obligations. Upon Contractor's failure to make any payment which failure constitutes a default under this Agreement and causes the Authority to be in default under the Supplemental Water Purchase Agreement or any other agreement related to the Supplemental Water Purchase Agreement to which the Authority is a party, the Authority may (in addition to all other remedies provided by this Agreement) terminate the provisions of this Agreement insofar as the same entitle Contractor to any deliveries of Supplemental Water. Irrespective of such termination, the obligations of Contractor to the Authority to pay the full amount of costs under this Agreement shall continue in full force and effect.
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2.8.4 Increase in Non-defaulting Contractor Costs. Upon the failure of any Participating Contractor to make any payment which failure constitutes a default under its respective Binding Agreement to Purchase, (i) the pro-rata share of each non-defaulting Participating Contractor shall be automatically increased for the remaining term of the Binding Agreement to Purchase pro rata with those of the other non-defaulting Participating Contractors, and (ii) such defaulting Participating Contractor's right to receive water shall be reduced accordingly. Upon payment of such increase, a non-defaulting Participating Contractor shall be entitled to take delivery of its pro rata share of such defaulting Participating Contractor's Supplemental Water.
2.8.5 Right of Recovery from Defaulting Participating Contractor. If a Participating Contractor shall fail or refuse to pay any amounts due to the Authority, the fact that a non-defaulting Participating Contractor has increased its obligation to make such payments shall not relieve the defaulting Participating Contractor of its liability for such payments, and the nondefaulting Participating Contractor shall have a right of recovery from the defaulting Participating Contractor to the extent of such respective increase in obligation caused by the defaulting Participating Contractor. Any amounts received by the Authority from the defaulting Participating Contractor for costs that were previously paid by a non-defaulting Participating Contractor pursuant to Subparagraph 2.8.4 above, shall be reimbursed by the Authority to the non-defaulting Participating Contractor.
2.9 Reconciliation. Upon termination of this Agreement, the Authority shall provide to Contractor an accounting of the actual amounts Contractor is obligated to pay hereunder. Any overpayment by Contractor shall be promptly refunded by the Authority and any underpayment by Contractor shall be promptly paid to the Authority.
.J. Term: Termination
3.1 Term. The term of this Agreement shall commence on April 1, 2021 and shall continue until December 31, 2021, unless sooner terminated as provided for herein. 3 .2 Termination
3 .2.1 This Agreement may be terminated by the Authority at any time, provided all Participating Contractors agree in writing thereto.
3.2.2 This Agreement may be terminated by Contractor, upon the expiration of thirty (30) days following the later of (i) delivery of written notice of termination to the Authority, and (i�) discharge by Contractor, or satisfactory assurance of performance, of all financial obligations hereunder. The Authority shall promptly provide a copy of any such notice of termination received by the Authority to all other Participating Contractors. 3 .2.3 In the event any Participating Contractor submits a notice of termination pursuant to Subparagraph 3 .2.2, any other Participating Contractor may terminate this Agreement effective upon the expiration of forty-five ( 45) days following the later of (i) delivery of written notice of termination to the Authority, and (ii) discharge by such other Participating Contractor of all of its financial obligations hereunder.
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Contractor's Representative: Coordination Among Participating Contractors.
4.1 Contractor's Representative. For purposes of this Agreement, Contractor shall provide to the Authority a written Designation of Representative identifying its authorized representative with 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"). The Authority shall be entitled to rely upon, without inquiry, the full authority of Contractor's designated representative.
Without limiting the foregoing, Contractor's representative shall be solely responsible for requesting and obtaining in advance any special or further auth01izations on behalf of Contractor that may be necessary in connection with any Contractor Direction given to the Authority hereunder and the Authority may assume, without further inquiry, that all such authorizations have been obtained. Contractor may designate a different individual as its representative in connection with this Agreement at any time by written notice to the Authority.
4.2 Coordination Among Participating Contractors.
4.2. l Contractors Committee. A committee shall be created with each Participating Contractor's representative as stated in Subparagraph 4.1 (the "Committee"). The Committee shall be authorized to advise the Authority with respect to its duties under this Agreement, and to perform such other functions as the Participating Contractors shall deem appropriate. Each member of the Committee shall have a weighted vote corresponding to the particular Participating Contractor's Delivery Goal as a proportion of the total Delivery Goals for all Participating Contractors. A quorum shall consist of those members of the Committee holding at least 50% of the voting percentages. Committee decisions shall be made by the following vote:
4.2.1.1 If the Committee has two members, a majority of the voting percentages shall be necessary to adopt a motion.
4.2.1.2 If the Committee has three or more members, sixty percent ( 60%) of the voting percentages, plus the affirmative vote of at least two members, shall be necessary to adopt a motion.
4.2.2 Subcommittees of Participating Contractors (per specific Purchase Opportunity). For each Purchase Opportunity in which one or more Participating Contractors have signed and delivered a Binding Agreement to Purchase, a subcommittee shall be created with a representative from each such Participating Contractor. The Subcommittee shall be authorized to advise the Authority with respect to its duties under the Binding Agreement to Purchase for that Purchase Opportunity, and to perform such other functions as those Participating Contractors shall deem appropriate. Each member of the Subcommittee shall have a weighted vote corresponding to the quantity of Supplemental Water to be delivered to that Participating Contractor under its Binding Agreement to Purchase as a proportion of the total quantity of Supplemental Water to be delivered to all Participating Contractors under their respective Binding Agreements to Purchase for that specific Purchase Opportunity. A quorum shall consist of those members of the Subcommittee that hold at least 50% of the voting percentages. Subcommittee decisions shall be made by the following votes:
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4.2.2.1 If the Subcommittee has two members, a majority of the voting percentages shall be necessary to adopt a motion.
4.2.2.2 If the Subcommittee has three or more members, sixty percent (60%) of the voting percentages, plus the affirmative vote of at least two members, shall be necessary to adopt a motion.
5. General Provisions
5 .1 Incorporation of Recital and Exhibits. The Recitals to this Agreement and exhibits attached to this Agreement are incorporated herein and made a part hereof by this reference. 5 .2 Headings. The headings in this Agreement are for convenience of reference only and shall not be used in construing this Agreement.
5.3 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. 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.
5.4 Terms Generally. The defined terms in this Agreement shall apply equally to both the singular and the plural fonns 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."
5.5 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 Wimess (expert and otherwise) fees, deposition costs, copying charges and other expenses.
5.6 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.
5.7 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.
5.8 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 forgoing shall not apply, however, if the invalid or unenforceable provision in 22494266
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question or, as applicable, the portion or application thereof held invalid or unenforceable, is a fundamental and material provision of this Agreement.
5.9 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 judicial 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.
5.10 Notices. All notices required or permitted hereunder shall be in writing and shall be served on the Parties at the following address:
If to Contractor:
Santa Ynez River Water Conservation District, Improvement District No. l P.O.Box 157
Santa Ynez, CA 93460
Attn: General Manager
Telephone: (805) 688-6015
Email: [email protected]
If to Authority
Central Coast Water Authority
255 Industrial Way
Buellton, CA 93427
Attn: Executive Director
Telephone: (805) 688-2292
Email: RAS@ccwacom
Any such notices may be sent by (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit, postage prepaid in the U.S. mail, (b) a recognized and reputable overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with such courier (on or prior to 5:00 p.m., local time of the sender; if deposited after such time, it shall be deemed to have been deposited on the next business day); provided, however, that this method of delivery will not be applicable to a party that has specified a P.O. Box for its address, or (c) electronic mail (email) transmission, in which case notice shall be deemed delivered upon electronic verification (on or prior to 5:00 p.m., local time of the recipient; if verification is received after such time, it shall be deemed to have been delivered on the next business day) that transmission to recipient was completed ( which verification includes the date and time of a stated successful transmission to the recipient). The above addresses and numbers may be changed by written notice to the other Party; provided that no notice of a change of address or number shall be effective until actual receipt of such notice. Copies of notices are for informational purposes only, and a failure to give or receive copies of any notice shall not be deemed a failure to give notice.
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5 .11 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.
5.12 Due Authority. Each Party hereby represents that the individual(s) executing this Agreement are expressly authorized to do so on and in behalf of such Party. 5 .13 Counterparts; Delivezy by Email. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. The signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Any Party may deliver its signed counterpart of the Agreement to any other Party by email, and such delivery shall be deemed made and completed upon receipt of such email transmission by the other Party. Any Party delivering a signed counterpart by email transmission agrees to promptly send the counterpart bearing its original signature to the other Party; provided that a delay or failure to do so shall not negate the effectiveness of the delivery made by the email transmission. 5 .14 Entire Agreement; 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 and understandings of the Parties relating to the subject matter hereof. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the Parties. 5 .1 S Indemnification and Defense. Contractor agrees to indemnify, defend, protect and hold harmless the Authority and its officers, directors, employees, agents, Members, Associate Members and contractors ("Indemnified Party" or "Indemnified Parties") from and against all claims, actions, damages, losses and expenses, including reasonable attorneys' fees, arising from or relating to this Agreement, whether said claims, actions, damages, losses or expenses arise prior to or following termination or expiration of this Agreement but only to the extent such claims, actions, damages, losses and expenses do not result from or arise out of gross negligence or willful misconduct of the Indemnified Party; provided, however, that the obligations of this Subparagraph
5.15 shall be allocated among the Participating Contractors according to their respective Delivery Goals as stated in their respective participation agreements.
5.16 Titlrd Party Beneficiary; Enforcement. The Parties agree that this Agreement is for the benefit of (i) Contractor, (ii) the Authority, (iii) all CCWA Participants, and (iv) all other Participating Contractors, and all of the aforementioned entities and persons shall be entitled to enforce the provisions of this Agreement.
5.17 Superseding Previous Agreement. This Agreement entirely supersedes and replaces any similar agreement concerning the same subject executed between the Parties hereto.
IN WITNESS WHEREOF, the Parties have executed and entered into this Agreement as of the date first written above.
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Approved as to fonn: Approved as to form:
Exhibit A:
Exhibit 8:
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By: � M. Kvistad tr" pStatement of Intent (Form of Statement) Binding Agreement to Purchase (Form of Agreement)
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CENTRAL COAST WATER AUTHORITY
2022 SUPPLEMENTAL WATER PURCHASE PROGRAM
PARTICIPATION AGREEMENT
This 2022 Supplemental Water Purchase Program Participation Agreement (“Agreement”) is made as of [___________] by and between
CENTRAL COAST WATER AUTHORITY (“CCWA”)
and
[____________________________________] (“Contractor”) (each, a “Party,” and together, the “Parties”).
RECITALS
A. Pursuant to the Transfer of Financial Responsibility Agreement, the Santa Barbara County Flood Control and Water Conservation District (“SBCFCWCD”) transferred to CCWA, and CCWA accepted and assumed, all rights and obligations to the State Water Supply Contract between SBCFCWCD and the Department of Water Resources (“DWR”) that provides for the delivery of water from California’s State Water Project to portions of Santa Barbara County.
B. Additionally, CCWA owns, operates and maintains water conveyance, storage and treatment facilities to deliver water made available to CCWA pursuant to the State Water Supply Contract to cities, water districts and other water purveyors and users in portions of Santa Barbara County pursuant to one or more water supply agreements (collectively, the “CCWA Participants”).
C. CCWA and Contractor are parties to a Water Supply Agreement, as amended from time to time, related to the matters described in Recitals A and B.
D. Due to persistent drought conditions, it is anticipated that the State Water Project will be unable to deliver to CCWA the quantity of water needed by CCWA for delivery to the CCWA Participants.
E. CCWA has determined that it should seek to acquire water from other sources to supplement the supply provided for in Contractor’s Water Supply Agreement (“Supplemental Water”) and has implemented the 2022 Supplemental Water Purchase Program to identify Supplemental Water that may be available for purchase by one or more CCWA Participants (“2022 Supplemental Water Purchase Program”).
F. Contractor has determined that it wishes to participate in the 2022 Supplemental Water Purchase Program and is willing to share in the expenses pertaining thereto in accordance Attachment B
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with the terms and conditions of this Agreement. Contractor and any other CCWA Participants that have executed a “2022 Supplemental Water Purchase Program Participation Agreement,” in a form substantially the same as this Agreement (“Participation Agreement”), are referred to herein as “Participating Contractors.”
G. The Parties have determined that this Agreement is exempt from the California Environmental Quality Act (“CEQA”) pursuant to the “common sense” exemption to environmental review under Section 15061 subdivision (b)(3) of Title 14 of the California Code of Regulations because the Parties’ actions pursuant to this Agreement do not have the potential for causing a significant effect on the environment.
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 purpose of this Agreement is to provide for CCWA’s identification of one or more opportunities for Participating Contractors to acquire Supplemental Water in exchange for the Participating Contractors’ reimbursement of CCWA’s Total Expenses, as that term is defined in Paragraph 4.2, arising from and associated with such activities. It is the intention of the Parties that neither CCWA, nor any CCWA Participant that is not a Participating Contractor shall incur any expense or liability related to or arising from this Agreement or the 2022 Supplemental Water Purchase Program.
2. Cooperation; Delivery Goal
2.1 Cooperation. Contractor acknowledges that CCWA’s ability to identify, structure and negotiate one or more opportunities for the acquisition of Supplemental Water, as provided in this Agreement, requires Contractor’s cooperation. The Parties shall reasonably cooperate with each other in all ways as may be necessary to carry out the terms and conditions of this Agreement.
2.2 Delivery Goal. Contractor represents that it is seeking to acquire _______ acre feet of Supplemental Water over the term of this Agreement (“Delivery Goal”). At any time during the term of this Agreement, Contractor may request an increase, but not a decrease, in the Delivery Goal by executing and delivering to CCWA a Request for Increase in Delivery Goal, in a form approved by CCWA. No such Request for Increase in Delivery Goal shall be effective unless and until it is executed by CCWA’s Executive Director. Any increased Delivery Goal supersedes any prior Delivery Goal for all purposes related to this Agreement and without regard to the date on which any Delivery Goal is increased.
3. Notification of Purchase Opportunity; Statement of Intent; Allocation of Supplemental Water
3.1 Notification of Purchase Opportunity. CCWA shall notify Contractor of each opportunity to acquire Supplemental Water identified by CCWA (each, a “Purchase Opportunity”). Each notice shall include a deadline for Contractor’s response and, to the extent 324
it is available to CCWA, the following information: anticipated available quantity, purchase price, date of scheduled delivery, and delivery risk, including anticipated transmission losses (the “Notice”), which Notice shall be either in electronic or written format.
3.2 Statement of Intent
3.2.1 Upon receipt of the Notice, Contractor shall submit to CCWA a Statement of Intent (“Statement of Intent” or “SOI”), in a form approved by CCWA, which shall include the quantity of water Contractor intends to acquire in connection with a particular Purchase Opportunity (“SOI Quantity”).
3.2.2 If Contractor submits a Statement of Intent prior to the deadline set forth in the Notice, CCWA shall provide to Contractor (a) a proposed agreement between CCWA and Contractor whereby Contractor agrees to purchase and take delivery of the SOI Quantity on the terms and conditions stated therein (“Supplemental Water Purchase Agreement”), and (b) the deadline by which Contractor must elect to execute the Supplemental Water Purchase Agreement if it wants to participate in a specific Purchase Opportunity. Participating Contractors who submit a Statement of Intent are referred to herein as “Purchase Opportunity Participants” for each Purchase Opportunity.
3.3 Oversubscription; Allocation of Supplemental Water. As to each Purchase Opportunity, if CCWA receives signed Statements of Intent from Purchase Opportunity Participants where the aggregate SOI Quantity from all Purchase Opportunity Participants exceeds the amount of Supplemental Water available under the particular Purchase Opportunity, the amount of Supplemental Water available under each Purchase Opportunity shall be allocated for purchase to the Purchase Opportunity Participants in proportion to the respective Delivery Goal of each Purchase Opportunity Participant without regard to whether the Purchase Opportunity Participant has elected to participate in any other Purchase Opportunity; provided, however, that no such Purchase Opportunity Participant shall be allocated an amount that exceeds that Purchase Opportunity Participant’s Delivery Goal, whether under a particular Purchase Opportunity or in aggregate across multiple Purchase Opportunities.
4. Allocation of Costs; Deposit; Contractor Payment
4.1 Contractor shall pay to CCWA Contractor’s pro-rata share of CCWA’s Total Expenses (as defined in Paragraph 4.2), which share shall be calculated as follows:
4.1.1 For Total Expenses arising from services rendered by CCWA pursuant to this Agreement, Contractor’s pro-rata share shall be equal to Contractor’s Delivery Goal divided by the sum of the Delivery Goals of all Participating Contractors as defined in its respective Participation Agreements.
4.1.2 For Total Expenses related to a specific Purchase Opportunity, Contractor’s pro-rata share of such expenses shall be equal to Contractor’s SOI Quantity for that Purchase Opportunity divided by the sum of the SOI Quantities set forth in the Statements of Intent submitted by all Purchase Opportunity Participants for that Purchase Opportunity. In the event that no Statements of Intent are executed and delivered by any Participating Contractor for a 325
particular Purchase Opportunity, Contractor’s pro-rata share under this Paragraph shall be calculated in accordance with Paragraph 4.1.1 above.
4.1.3 For Total Expenses arising from services that are of benefit to only one Participating Contractor, that Participating Contractor shall pay for the Total Expenses related to said services.
4.2 “Total Expenses” shall mean all out-of-pocket expenditures made by CCWA pursuant to this Agreement, including consultant and legal expenses, any expenses incurred by CCWA in defense of this Agreement, as provided in Paragraph 9, and any other costs related to or arising under this Agreement.
4.3 Deposit. Prior to execution of this Agreement, CCWA prepared and delivered to Contractor an estimate of Contractor’s anticipated financial obligations under Paragraph 4.1.1 of this Agreement. Concurrently with Contractor’s execution of this Agreement, Contractor shall place on deposit with CCWA the amount stated in the estimate.
4.4 Subsequent Deposits. Prior to the end of the calendar year of this Agreement, CCWA shall provide to Contractor an estimate of any additional anticipated financial obligations not covered by the deposit required by Paragraph 4.3. Contractor shall place on deposit with CCWA the amount stated in the estimate no later than the deadline established by CCWA’s Executive Director.
4.5 Invoices and Payments. In the event CCWA reasonably determines that the deposit paid by Contractor to CCWA pursuant to Paragraph 4.3 and/or Paragraph 4.4 will be insufficient to cover Contractor’s financial obligations hereunder, CCWA is authorized to deliver to Contractor a revised estimate of those financial obligations and an invoice for an additional deposit.
Contractor shall remit the amount stated in the invoice within thirty (30) days of receipt.
4.6 Reconciliation. Upon termination of this Agreement, CCWA shall provide to Contractor an accounting of the actual amounts Contractor is obligated to pay hereunder. Any overpayment by Contractor shall be promptly refunded by CCWA and any underpayment by Contractor shall be promptly paid to CCWA.
5. Contractor’s Representative. Upon Contractor’s execution of this Agreement, Contractor shall provide to CCWA a written Designation of Representative, in a form approved by CCWA, identifying Contractor’s authorized representative with 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 designated representative. Without limiting the foregoing, Contractor’s representative shall be solely responsible for requesting and obtaining in advance any special or further authorizations on behalf of Contractor that may be necessary in connection with any Contractor Direction given to CCWA hereunder and CCWA may assume, without further inquiry, that all such authorizations have been obtained. Contractor may designate a different individual as its representative in connection with this Agreement at any time by amending its Designation of Representative and providing such to CCWA pursuant to this Paragraph. 326
6. Obligation in the Event of Default
6.1 Written Demand Upon Failure to Make Payment or Perform Obligation. Upon 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 Contractor, and if such failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default. CCWA shall also provide a copy of the notice of such demand to each Participating Contractor. Upon failure of CCWA to perform any obligation of CCWA hereunder, Contractor shall make written demand upon CCWA, and if said failure is not remedied within thirty (30) days from the date of such demand, such failure shall constitute a default. Contractor shall also provide a copy of the notice of such demand to each Participating Contractor.
6.2 Termination of Contractual Rights; Continuing Obligations. Notwithstanding any provision in this Agreement to the contrary, including Paragraph 10.2, upon Contractor’s failure to make any payment, which failure constitutes a default under this Agreement, CCWA may terminate this Agreement. Irrespective of such termination, the obligations of Contractor to CCWA to pay the full amount of costs under this Agreement, shall continue in full force and effect.
Termination under this Paragraph is in addition to all other remedies provided by this Agreement.
6.3 Increase in Non-defaulting Contractor Costs. Notwithstanding any provision in this Agreement to the contrary, including Paragraphs 4.1.2 and 10.2, upon the failure of any Participating Contractor to make any payment under its respective Participation Agreement, the pro-rata share of each non-defaulting Participating Contractor shall be automatically increased (pro rata with the other non-defaulting Participating Contractors) for the remaining term of any and all of the non-defaulting Participating Contractors’ respective Participation Agreements. Contractor acknowledges and agrees that Contractor’s pro rata share of Total Expenses may increase as a result of a default by another Participating Contractor.
6.4 Right of Recovery from Defaulting Participating Contractor. If a Participating Contractor shall fail or refuse to pay any amounts due to CCWA under its respective Participation Agreement, the non-defaulting Participating Contractors’ increased obligations to make such payments shall not relieve the defaulting Participating Contractor of its liability for such payments.
Each non-defaulting Participating Contractor shall have a right of recovery from the defaulting Participating Contractor to the extent of such non-defaulting Participating Contractor’s respective increase in obligation caused by the defaulting Participating Contractor. Any amounts received by CCWA from the defaulting Participating Contractor for costs that were previously paid by a nondefaulting Participating Contractor pursuant to Paragraph 6.3, shall be reimbursed by CCWA to the non-defaulting Participating Contractor.
7. Remedies
7.1 If either Party does not timely perform its obligations pursuant to this Agreement, the other Party shall be entitled to proceed to protect and enforce its rights as provided in this Agreement by such appropriate judicial proceedings as said 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 327
elected officials, officers, agents, or employees shall be enforceable by mandamus or other appropriate suit, action, or proceeding in any court of competent jurisdiction.
7.2 The Parties agree that in the event of a Default or breach of this Agreement, the other Party 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.
8. Disclaimer of Liability
8.1 Contractor acknowledges and agrees that CCWA is in good faith facilitating the purchase of Supplemental Water on behalf of Contractor and the other Participating Contractors, in exchange for the Contractor’s and the other Participating Contractors’ full reimbursement of CCWA’s Total Expenses and full assumption of CCWA’s liabilities related to or arising out of this Agreement or any related agreements to which CCWA is a party for purposes of the 2022 Supplemental Water Purchase Program. As a result, it is the intent and agreement of the Contractor and CCWA that CCWA shall not incur any liability for assistance to Contractor under this Agreement, or any related agreements to which CCWA is a party for purposes of the 2022 Supplemental Water Purchase Program, for any cause, except for CCWA's sole negligence or willful misconduct or CCWA's breach of this Agreement or any related agreements to which CCWA is a party for purposes of the 2022 Supplement Water Purchase Program.
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 Participating Contractors, shall be liable to Contractor pursuant to this Agreement or otherwise for any claims, liabilities, damages, losses, actions, penalties, proceedings, or expenses in the event Supplemental Water is not available for purchase by CCWA, Supplemental Water is not available for purchase on the terms and conditions acceptable to Contractor, any approval required to permit the delivery of Supplemental Water is not obtained or is conditioned in any manner that is not acceptable to Contractor, or Supplemental Water is not delivered to CCWA for any reason, except for CCWA’s sole negligence or willful misconduct or CCWA’s breach of this Agreement or any related agreements to which CCWA is a party for purposes of the 2022 Supplemental Water Purchase Program.
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 Participating Contractors (each an “Indemnified Party” and collectively, the “Indemnified Parties”) from and against any and all claims, actions, liabilities, damages, losses and expenses, including attorneys’, paralegals’, consultants’, and experts’ fees, costs and expenses, arising from or relating to this Agreement and any related agreements pertaining to any purchase of Supplemental Water for purposes of the 2022 Supplemental Water Purchase Program, whether claims, actions, liabilities, damages, losses or expenses arise prior to or following termination or expiration of this Agreement, except to the extent any liability, loss, cost or expense is caused by the Indemnified Party’s sole negligence or willful misconduct.
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9.2 Defense of Action. If requested by the Indemnified Party, the Indemnifying Party shall assume on behalf of the Indemnified Party, and conduct with due diligence and in good faith, the defense of such Indemnified Party with counsel reasonably satisfactory to the Indemnified Party; provided, however, that if the Indemnifying Party is a defendant in any such action and the Indemnified Party reasonably believes that there may be legal defenses available to it that are inconsistent with those available to the Indemnifying Party, the Indemnified Party shall have the right to select separate counsel to participate in its defense of such action at the Indemnifying Party’s expense. If any claim, action, proceeding or investigation arises as to which the indemnity provided for in this Paragraph 9.2 applies, and the Indemnifying Party fails to assume the defense of such claim, action, proceeding or investigation after having been requested to do so by the Indemnified Party, then the Indemnified Party may, at the Indemnifying Party’s expense, contest or, with the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld, settle such claim, action, proceeding or investigation. All costs and expenses incurred by the Indemnified Party in connection with any such contest or settlement shall be paid upon demand by the Indemnifying Party.
10. Term; Termination
10.1 Term. Except as provided in Paragraph 10.2, the term of this Agreement shall commence on the last date executed by all Parties and shall continue until December 31, 2022, or until Contractor’s final payment to CCWA of all costs attributable to this Agreement, whichever is later.
10.2 Termination
10.2.1 This Agreement may be terminated by CCWA at any time, provided all Participating Contractors agree in writing thereto. Irrespective of such termination, the obligations of Contractor to CCWA to pay Contractor’s pro-rata share of CCWA’s Total Expenses under this Agreement shall continue in full force and effect.
10.2.2 This Agreement may be terminated by Contractor upon the expiration of thirty (30) days following the later of (i) delivery of written notice of termination to CCWA, and (ii) discharge by 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 Participating Contractors.
10.2.3 Notwithstanding any provision in this Agreement to the contrary, the obligations set forth in Paragraphs 4, 7, 8, and 9 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.
11. General Provisions
11.1 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. 329
11.2 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.
11.3 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 to have their legal counsel review it. The Recitals to this Agreement are incorporated herein and made a part hereof by this reference. The headings in this Agreement are for convenience of reference only and shall not be used in construing this Agreement. 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.”
11.4 Counterparts; Delivery by Email. The Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and all of which when taken together shall constitute one and the same document. The signature of any Party to any counterpart shall be deemed a signature to, and may be appended to, any other counterpart. Any Party may deliver its signed counterpart of the Agreement to the other Party by email, and such delivery shall be deemed made and completed upon receipt of such email transmission by the other Party. Any Party delivering a signed counterpart by email agrees to promptly send the counterpart bearing its original signature to the other Party; provided that a delay or failure to do so shall not negate the effectiveness of the delivery made by the email transmission.
11.5 Due Authority. Each Party hereby represents and warrants that the individual(s) executing this Agreement are 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.
11.6 Entire Agreement; 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 and understandings of the Parties relating to the subject matter hereof, including Participation Agreements from prior years. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing by both Parties.
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11.7 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.
11.8 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.
11.9 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.
11.10 No Agency. This Agreement shall not create, nor shall it be construed to create, any agency, partnership or similar relationship among the Parties.
11.11 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 party to whom the notice is directed at the address of such party as follows:
If to Authority:
Central Coast Water CCWA
255 Industrial Way
Buellton, CA 93427
Attn: Ray Stokes, Executive Director
Telephone: (805) 688-2292
Email: [email protected]
If to Contractor:
_________________________
_________________________
_________________________
Attn:_____________________
Telephone:________________
Email:____________________
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. Either party may change its email and overnight service addresses by giving the other party written notice of its new addresses.
11.12 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 forgoing 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.
11.13 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 331
11.14 Third Party Beneficiary; Enforcement. The Parties agree that this Agreement is for the benefit of (i) Contractor, (ii) CCWA, (iii) other Participating Contractors, and (iv) all CCWA Participants, and all of the aforementioned entities and persons shall be entitled to enforce the provisions of this Agreement.
11.15 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.
11.16 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 judicial 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 date first written above.
CENTRAL COAST WATER AUTHORITY
By: ____________________________
Name: Ray Stokes
Title: Executive Director
Approved as to form:
Brownstein Hyatt Farber Schreck
By: ______________________________
Stephanie Osler Hastings
[CONTRACTOR]
By: ___________________________
Name: ___________________________
Title: ___________________________
Approved as to form:
[Insert Contractor’s counsel name]
By: ______________________________
Attachments:
Statement of Intent
Request for Increase in Delivery Goal
Designation of Representative
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CENTRAL COAST WATER AUTHORITY
2022 SUPPLEMENTAL WATER PURCHASE PROGRAM
STATEMENT OF INTENT
Participating Contractor: ________________________________________ Pursuant to the 2022 Supplemental Water Purchase Program Participation Agreement (“Agreement”) between the Central Coast Water Authority and the above-named Participating Contractor, the undersigned, on behalf of the Participating Contractor, states its intent to acquire ______ acre-feet of water in connection with the proposed Purchase Opportunity to acquire supplemental water from [__insert proposed Seller name__] for delivery of water to CCWA in 2022.
All terms used in this Statement of Intent have the meaning given to them in the Agreement.
Signature:
Print Name:
Title:
Date:
334
CENTRAL COAST WATER AUTHORITY
2022 SUPPLEMENTAL WATER PURCHASE PROGRAM
REQUEST FOR INCREASE IN DELIVERY GOAL
Participating Contractor: ________________________________________ Pursuant to the 2022 Supplemental Water Purchase Program Participation Agreement ("Agreement") between the Central Coast Water Authority and the above-named Participating Contractor, the undersigned, on behalf of the Participating Contractor, represents that it is seeking to increase its Delivery Goal from ___________ acre-feet of water to ________ acre-feet of water over the term of the Agreement. The requested increased Delivery Goal supersedes Participating Contractor’s prior Delivery Goal for all purposes related to this Agreement.
All terms used in this Request for Increase in Delivery Goal have the meaning given to them in the Agreement.
Signature:
Print Name:
Title:
Date:
Approved by CENTRAL COAST WATER AUTHORITY.
Signature:
Print Name:
Title:
Date:
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CENTRAL COAST WATER AUTHORITY
2022 SUPPLEMENTAL WATER PURCHASE PROGRAM
DESIGNATION OF REPRESENTATIVE
Participating Contractor:
Signature:
Print Name:
Title:
Date:
Authorized Representative:
Signature:
Print Name:
Title:
Date:
336