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AGREEMENT FOR TEMPORARY WASTEWATER TREATMENT FOR A PORTION OF <br />THE CITY OF COLTON <br />THIS AGREEMENT ("Agreement") is made this _day of ,2009 ("Effective Date") <br />by and between the City of Riverside, a municipal corporation ("Riverside") and the City of <br />Colton, a municipal corporation ("Colton"). Riverside and Colton are sometimes collectively <br />referred to herein as the "Parties" or, individually, as a "Party." <br />RECITALS <br />A. Riverside and Colton are charter cities and municipal corporations duly organized <br />and existing under the laws of the State of California and the their respective charters. <br />B. Riverside provides wastewater collection and treatment services within its service <br />area, and owns and operates a wastewater treatment plant and related facilities commonly known <br />as the Riverside Regional Water Quality Control Plant ("RWQCP"). The RWQCP is located at <br />5950 Acorn Street in Riverside, California. <br />C. Colton, owns and operates a wastewater collection system to serve the properties <br />fronting Center Street and properties within Colton, in general, bounded by the Cities Limits, <br />Main Street, the Santa Ana River, and La Loma Hills. The boundaries of these properties are <br />depicted on Exhibit "A" attached hereto and by this reference incorporated herein. Subsequent to <br />the execution of this Agreement, the parties shall provide a more detailed description of the <br />referenced properties. <br />D. Notwithstanding anything contained in this Agreement, the Parties recognize that <br />the Riverside shall be responsible for operating all facilities related to the RWQCP, including <br />any appurtenances now existing or hereafter created. <br />E. Colton desires to obtain the right to deliver wastewater to the RWQCP for <br />treatment and disposal on a temporary basis ("Temporary Treatment Right"), until a sewage <br />pump station or other facilities can be constructed to convey wastewater to Colton's wastewater <br />treatment facility. <br />NOW, THEREFORE, the Parties agree to the following: <br />1. Incorporation of Recitals. All of the above Recitals are made a part of this <br />Agreement and are incorporated herein by this reference. <br />2. Purpose and Intent. The purpose of this Agreement is for Riverside to <br />temporarily accept,. treat and dispose of wastewater generated by Colton from the portion of <br />Colton described in Exhibit "A". However, the Temporary Treatment Right shall not continue <br />after three (3) years of first delivery of wastewater to the RWQCP or June 1, 2013 whichever is <br />first in time, except as agreed upon by the Parties. The amount of wastewater shall not exceed <br />One Million (1,000,000) gallons per day ("l MGD") generated by the portion of Colton <br />described in Exhibit "A" to the RWQCP subject to the terms and conditions set forth in this <br />Agreement. <br />Ekfl'BTT A <br />