R-069-21- Approving and Adopting Amendment No. 1 to the Agreement Regarding the Transfer of Emergency Water

Browse Search

1 RESOLUTION NO. R-69-21 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLTON 4 APPROVING AND ADOPTING AMENDMENT NO. 1 TO THE AGREEMENT 5 REGARDING THE TRANSFER OF EMERGENCY WATER 6 7 WHEREAS, the Parties entered into that certain Agreement Regarding the Transfer of 8 Emergency Water from The City of Colton to Terrace Water Company, dated December 19, 2013 9 ("Emergency Water Agreement') whereby Colton agreed to provide water to Terrace Water in 10 the event of an emergency, at a price equal to $1.85 per CCF of water and a $525 fee for any 11 month during which Terrace Water uses emergency water, and 12 WHEREAS, the Parties augmented the Emergency Water Agreement by entering into 13 that certain Addendum to Agreement Regarding the Transfer of Emergency Water from The City 14 of Colton to Terrace Water Company, dated June 4, 2019 ("Non -Emergency Water Agreement") 15 whereby Colton agreed to provide Terrace Water non -emergency water following Terrace 16 Water's loss of production from its Well No. 2 at a price equal to $260 per acre-foot; and 17 WHEREAS, Section 3.1 of the Non -Emergency Water Agreement provides that the 18 agreement is for a term of 24 months, expiring on June 3, 2021; and 19 WHEREAS, the Parties wish to amend the terms of the Emergency Water Agreement and 20 Non -Emergency Water Agreement to continue the provision of water to Terrace Water during the 21 consolidation and to revise the price at which Colton would provide water to Terrace Water to the 22 rate currently in effect within Colton; and 23 WHEREAS the price at which Colton shall provide water under the Emergency Water 24 Agreement and Non -Emergency Water Agreement is hereby amended to $1.69 for up to 18 25 centum cubic feet ("CCF") delivered to Terrace Water, and $2.47 for amounts delivered to 26 Terrace Water in excess to 18 CCF (approximately $1,061.89 per acre-foot). 27 28 23152.0602032617662.1