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HomeMy WebLinkAboutS18A - Agreement Regarding OCWD and IRWDy COUNCIL AGENDA <) C " 3C,9f NO..-, s aA � AGREEMENT This Amendment to Agreement is entered into this 29th day of August, 1996, by and between the Orange County Water District (OCWD), the Irvine Ranch Water District (IRWD), and the City of Newport Beach (City), hereinafter referred to collectively as "the Parties." CITY OF NEWPORT 6 -EAC i SEP 2 3 Recitals: APPROVED A. The Parties entered into an agreement dated July 17, 1996 which detailed various agreements regarding implementations of the Wetlands Water Supply Project (WWSP) proposed by IRWD. B. Paragraph 5 of the July 17, 1996 Agreement provided for interim WWSP discharge restrictions subject to satisfaction of certain conditions. Subparagraph C of paragraph 5 provided that City and IRWD shall, on or before September 1, 1996 agree on any modifications to various monitoring programs and models. C. The Parties have worked diligently to reach an agreement on proposed modifications, but require additional time to reach a final agreement. Now therefore the Parties agree as follows: 1. The September 1, 1996 deadline provided in paragraph 5(C) of the July 17, 1996 agreement shall be extended to October 1, 1996. 2. Except as expressly amended by the amended Agreement, all other terms and conditions of the July 17, 1996 Agreement shall remain in full force and effect. 1 Approved as to Form: By General Counsel Approved as to Form: By General Counsel Orange County Water District Approved as to Form: By City Attorney FAcat\cris\agr\amendirwd.doc de/09-20-96 Irvine Ranch Water District President, Board of Directors Secretary Orange County Water District President, Board of Directors General Manager City of Newport Beach City Manager COUNCIL AGENDA REVISED AMENDMENT TO AGREEMENT NO. S 18A This Amendment to Agreement is entered into this day of September, 1996 by and between the Orange County Water District (OCWD), the Irvine Ranch Water District (IRWD), and the City of Newport Beach (City), hereinafter referred to collectively as "the Parties." Recitals: A. The Parties entered into an agreement dated July 17, 1996 which detailed various agreements regarding implementation of the Wetlands Water Supply Project (WWSP) proposed by IRWD, (the "Agreement"). B. Paragraph 2 (A)(2) of the Agreement details the Parties' agreement for OCWD to consolidate the construction of its portion of the intertie with IRWD's portion of the intertie under the same contract with OCWD as construction manager. Because each portion of the intertie is proceeding on separate schedules and the OCWD portion has separate funding requirements, the Parties now believe each portion of the intertie should proceed separately, albeit with the same completion deadline. C. Paragraph 5 of the Agreement provides for interim WWSP discharge restrictions subject to satisfaction of certain conditions. Subparagraph C of paragraph 5 provides that City and IRWD shall, on or before September 1, 1996 agree on any modifications to various monitoring programs and models. The Parties have worked diligently to reach an agreement on proposed modifications, but require additional time to reach a final agreement. 1 Now, therefore the Parties agree that the Agreement shall be amended as follows: 1. The September 1, 1996 deadline provided in paragraph 5(C) shall be extended to October 1, 1996. 2. The provisions of paragraph 2 (A)(2) are hereby waived. The Parties agree to meet regularly and as frequently as necessary to expedite and resolve project construction issues, to meet the October, 1997 deadline. 3. Except as expressly amended herein all other terms and conditions of the July 17, 1996 Agreement shall remain in full force and effect. Approved as to Form: Irvine Ranch Water District By General Counsel Irvine Ranch Water District Approved as to Form: By General Counsel Orange County Water District Approved as to Form: By City Attorney f Acat\cri s\a g r\i rwd 8-28. d o c 9-11-96 K By President, Board of Directors By Secretary Orange County Water District By President, Board of Directors By General Manager City of Newport Beach By Kevin Murphy, City Manager de/09-20-96