HomeMy WebLinkAboutContracts & Agreements_82-2021SAN BERNARDINO BASIN GROUNDWATER COUNCIL
WATER COST REPAYMENT AGREEMENT
THIS SAN BERNARDINO BASIN GROUNDWATER COUNCIL WATER COST
REPAYMENT AGREEMENT ("Agreement") is entered into as of June 1, 2021 ("Effective
Date"), by and between San Bernardino Valley Municipal Water District ("Valley District") and
the City of Redlands ("Redlands") Valley District and Redlands are sometimes referred to herein
collectively as "Parties" and individually as "Party"
RECITALS
A. This Agreement is made with reference to that certain San Bernardino Basin
Groundwater Council Framework Agreement, dated February 23, 2018 ("Framework
Agreement"), by and among various public and private entities which overlie, produce water from,
or are otherwise interested in the management and long-term sustainability of the groundwater
basin identified as the San Bernardino Basin of the Upper Santa Ana Valley ("Basin"), pursuant
to which the parties to the Framework Agreement established the San Bernardino Basin
Groundwater Council ("GC"), inter alia, to undertake the preliminary steps necessary to prepare
for and coordinate the management of groundwater supply resources throughout the Basin, andto
coordinate maintenance of conveyance and recharge facilities to expedite such management
B. Redlands staff actively participated in the development of the Framework
Agreement. However, due to extenuating circumstances, Redlands did not execute the Framework
Agreement concurrently with the other parties to the Framework Agreement.
C. In anticipation of Redlands joining the GC, Valley District purchased Redlands'
proportional share of GC water for 2018 and 2019
D On March 2, 2021, Redlands executed the Framework Agreement and joined the
GC In connection with joining the GC, Redlands agreed to pay all of its proportional share ofthe
GC costs as if it had been a member of the GC since the beginning
E. Redlands has asked to pay Valley District for all of its GC water costs, to date, in
two payments $262,497 in the current fiscal year and $539,588 in fiscal year 2021-22 for a total
of $802,085 (see Exhibit A)
F The Parties now desire to arrange for Redlands to pay Valley District for the GC
water costs based on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the matters recited and the mutual promises,
covenants, and conditions set forth in this Agreement, the Parties hereby agree as follows
OPERATIVE PROVISIONS
1 Incorporation of Recitals Each and every one of the Recitals set forth above is a
material part of this Agreement and is hereby incorporated by reference into and made part of this
Agreement by this reference
2. Reimbursement of Prior Water Costs. The Parties acknowledge and agree that
Redlands owes eight -hundred two -thousand eighty-five dollars ($802,085) for its share of the GC
water costs ("Total Water Costs Redlands shall pay to Valley District the total sum of the Total
Water Costs, with no interest thereon, in two (2) installments of two hundred sixty-two thousand
four hundred ninety-seven ($262,497) due and payable on July 1, 2021, and five hundred thirty-
nine thousand five hundred eighty-eight ($539,588) July 1, 2022, respectively Redlands may
prepay all or any portion of the Total Water Costs at any time without penalty
3 Entire Agreement. This Agreement contains the entire understanding between the
Parties, and supersedes any prior understanding and/or written or oral agreements between them,
respecting the subject matter of this Agreement. There are no representations, agreements,
arrangements, or understandings, oral or written, by and between the Parties relating to the subject
matter of this Agreement that are not fully expressed herein.
4 Counterparts This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original and all of which when taken together shall constitute
one and the same instrument. Signatures may be delivered electronically or by facsimile and shall
be binding upon the Parties as if they were originals
[Signature Page Follows]
2
IN WITNESS WHEREOF, the Parties execute the Agreement as of the Effective Date
set forth above
ATTEST
By glIA-,
e Donaldson, City Clerk
SAN BERNARDINO VALLEY MUNICIPAL WATER
DISTRICT
By AL
Name \-i A'vtcv \ y ee
Its C E0 1 6-e _e-c.A. 1 1Aarkci fC4✓
CITY OF REDLANDS
Name Paul T Barich
Its Mlo I2
[Signature Page for San Bernardino Basin Groundwater Council
Water Cost Repayment Agreement]
3
Exhibit A
Approved San Bernardino Basin Groundwater Council Water Cost
Amounts Showing the City of Redlands
[Signature Page for San Bernardino Basin Groundwater Council
Water Cost Repayment Agreement]
4
SBB GC Water Charge FY2019-20
GC Parties
FY19-20
Water Cost
($)
FY19-20
Water Cost
(AF)
Bear Valley Mutual Water Company
$ 187
2
City of Colton
$ 62,795
530
City of Loma Linda
$ 227,045
1,918
City of Redlands
$ 487,732
4,119
City of Rialto
$ 85,827
725
City of San Bernardino
$1,525,380
12,883
East Valley Water District
$ 194,722
1,645
Fontana Union Water Company
$ 196,083
1,656
Loma Linda University
$ 16,593
140
San Bernardino Valley M W D
$ 6,019
51
West Valley Water District
$ (60,306)
(509)
Yucaipa Valley Water District
$ 6,290
53
Total GC Parties:
$2,748,368
23,213
SBB GC Water Charge FY2020-21
GC Parties
FY20-21
Water Cost
($)
FY20-21
Water Cost
(AF)
Bear Valley Mutual Water Company
$ 37
0
City of Colton
$ 82,839
700
City of Loma Linda
$ 254,861
2,153
City of Redlands
$ (135,965)
(1,148
City of Rialto
$ 428,560
3,620
City of San Bernardino
$1,036,227
8,752
East Valley Water District
$ 232,819
1,966
Fontana Union Water Company
$ 87,955
743
Loma Linda University
$ 22,553
190
San Bernardino Valley M W D
$ 23,534
199
West Valley Water District
$ 439,382
3,711
Yucaipa Valley Water District
$ 15,112
128
Total GC Parties:
$2,487,914
21,013
SBB GC Water Charge FY2021-22
GC Parties
FY21-22
Water Cost
($)
FY21-22
Water Cost
(AF)
Bear Valley Mutual Water Company
$ -
0
City of Colton
$ 71,295
602
City of Loma Linda
$ 195,736
1653
City of Redlands
$ (119,082)
-1006
City of Rialto
$ 276,334
2334
City of San Bernardino
$ 1,127,696
9524
East Valley Water District
$ 3,087
26
Fontana Union Water Company
$ 86,872
734
Loma Linda University
$ 20,341
172
San Bernardino Valley M W D
$ 19
0
West Valley Water District
$ 419,927
3547
Yucaipa Valley Water District
$ 5,183
44
Total GC Parties:
$ 2,087,409
17630