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Institutional Controls Groundwater Management Program Agreement <br />As of June 30, 2010 <br />This Institutional Controls Groundwater Management Program (ICGMP) Agreement <br />("ICGMP Agreement's is entered into and effective as of this 30th day of June, 2010, by and <br />among the following parties (collectively the "Signatory Parties': the City of San Bernardino and <br />the City of San Bernardino Municipal Water Department (collectively, the "City'; San Bernardino <br />Valley Municipal Water District (Valley District); West Valley Water District (WVVt1D); East Valley <br />Water District (EVWD); Riverside Highland Water Company (RHWC); the City of Riverside <br />("Riverside's; the City of Colton ("Colton's and Western Municipal Water District (WMWD). <br />Recitals <br />I. Parties <br />A. The City of San Bernardino ("City") is a party to a consent decree approved by the <br />United States District Court, Central District of California, Western Division (Court), on March 23, <br />2005 (Consent Decree). The Consent Decree settles litigation entitled City of San Bernardino v. United <br />States ofAmerica, Case No. CV96-8867 and State of California Department of Toxic Substances Control v. <br />United States ofAmerica, Case No. CV 96-5205 (consolidated), which sought to address responsibility <br />and funding for the remedy of the Newmark Groundwater Contamination Superfund Site in San <br />Bernardino, alleged by San Bernardino and the State of California to arise from waste disposal <br />activities by the United States Army during and after World War II in San Bernardino. <br />5099212 <br />1082952.1 <br />5104575 <br />l <br />