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CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
From: Mayor Judith Valles Subject: Resolution of the Mayor and
Common Council of the City of San
Dept: Mayor's Office Bernardino approving a revised Amendment
No. 2 to that certain Loan Agreement by
Date: November 28, 2005 and among the City of San Bernardino, the
San Bernardino Valley Municipal Water
District, and the San Bernardino Regional
Water Resources Authority
Council Date: December 5, 2005
Synopsis of Previous Council Action:
10/01/01 Approval of Loan Agreement by and among the City, the San Bernardino Valley
Municipal Water District and the San Bernardino Regional Water Resources Authority
i
10/21/02 Approval of Amendment to Loan Agreement by and among the City, the San Bernardino
Regional Water Resources Authority and San Bernardino Valley Municipal Water District.
12/20/04 Approval of Sub-Recipient Agreement by and between the City and the JPA
5/16/2005 Approval of Amendment No. 2 to the Loan Agreement
Recommended Motion:
Adopt Resolution
Signature
Contact person: Fred Wilson Phone: 5122
Supporting data attached: Staff Report, Resolution Ward: 1,2 and 3
And Amendment
FUNDING REQUIREMENTS: Amount: None by this action. Adoption may delay certain
repayments.
Source: (Acct. No.) -0-
(Aort Descrlpfinn) -0-
Finance:
Agenda Item No. a7
IF
�a-1 s os
1
1
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Staff Report
Subiect
Resolution of the Mayor and Common Council of the City of San Bernardino approving a
revised Amendment No. 2 to that certain Loan Agreement by and between the City of San
Bernardino, the San Bernardino Valley Municipal Water District, and the San Bernardino
Regional Water Resources Authority.
Background
On October 1, 2001, the City entered into a loan agreement with the JPA (the San Bernardino
Regional Water Resources Authority) and with Valley (the San Bernardino Valley Municipal
Water District). The City and Valley each agreed to loan an amount not to exceed $600,000 to
the JPA for the purposes of paying fees and for the expense of consulting work by EEK. On
October 21, 2002, Amendment No.l was approved which provided for an additional loan of
$250,000 each. It also added the costs of preparing an Environment Impact Report to the scope
of work. This produced a total loan of$850,000 from the City.
On May 16, 2005, the Mayor and Council adopted Resolution 2005-127, which authorized the
execution of Amendment No. 2. This Amendment would commit the City and Valley, upon the
JPA's written request, to re-loan funds received back from federal grants and other sources
pursuant to the Sub-Recipient Agreement and Grant Allocation Agreement approved in late
2004. The total principal loan amount would remain limited to $850,000 at any point in time.
Prior to consideration by the Mayor and Council, Amendment No. 2 had been reviewed by
Valley staff, and staff from both agencies recommended approval by their respective governing
bodies. However, at its June 1 Board meeting, Valley's board did not approve Amendment No.
2 in the same form as was approved by the Mayor and Council. The Board approved the
amendment subject to deletion of language in section 4 that stated:
"It is understood that future specific Project-related tasks with respect to (i) the
North Lake Project only will be funded directly by the District, and (ii) the South
Lake Project only will be funded directly by the City, including, but not limited
to, relocation, planning, NEPA analysis, property acquisition, and other activities
associated with the planning, design and construction of the North Lake Project
and the South Lake Project, respectively."
According to Valley staff, the Board was concerned that this language could indicate to some
that the City did not support the lake project, and that was not the intention of Amendment No. 2.
Since both parties to the amendment did not approve the same document, Amendment No. 2 did
not take effect. In the meantime, invoices for the JPA's management, legal, and other expenses
remain unpaid.
It is now recommended that the Mayor and Council approve a revised Amendment No. 2. Other
than a change to the first paragraph in Section 4, Amendment No. 2 contains the same language
as was approved in May. The amendment still provides beginning July 1, 2005, loan proceeds
may only be used for the purposes of paying fees and authorized expenses of a project manager,
legal counsel, office expenses, etc., as indicated in Section 4, page 3 of the Amendment as
follows:
Project manager services: $60,000
Routine legal services: 24,000
Audit services: 5,000
Office expenses: 5,000
Other misc expenses: 6,000
Total FY 05-06 Budget: $100,000
These expenses are limited to a total of$100,000 for FY 2005-06, of which the City's loan share
would be 50% ($50,000). In subsequent years, the Authority will be required to adopt an
expenditure plan that similarly limits expenses. Additionally, the Amendment still provides
funds to be used to pay for other invoices that remain outstanding through the end of FY 04-05.
These expenses are primarily consultant fees, management, and legal services related to the EIR.
Going back to July 1, 2005, any expenses other than those included in the expenditure plan, and
which the Authority desires to pay with loan proceeds, would require approval of the Mayor and
Council before drawing down loan funds for those purposes.
The new language in Section 4, which replaces the original language to which the Valley Board
objected, reads as follows:
"It is understood that future specific Project-related tasks with
respect to (i) the North Lake Project will be the primary
responsibility of the District, and (ii) the South Lake Project will
be the primary responsibility of the City, including, but not limited
to, relocation, planning, NEPA analysis, property acquisition, and
other activities associated with the planning, design and
construction of the North Lake Project and the South Lake Project,
respectively. The parties recognize that the City remains
committed with its support for the North Lake Project to be
undertaken by the District, and the District remains committed
with its support for the South Lake Project to be undertaken by the
City. Nothing contained herein shall prevent the parties, together
with the Authority, from jointly applying for, receiving, and using
for the payment of Project costs such grant funds, bond proceeds,
and other jointly obtained funding sources as the parties may so
obtain."
It is staff's view that this new language addressed Valley's concerns, while not altering the intent
or meaning of Amendment No. 2.
Financial Impact
Assuming that all funds allocated in the first three federal grants are eventually received, the
amount repaid to the City would total $689,600, which equals 50% of the grant allocations (not
including the new FY 2006 earmark). Assuming expenses anticipated through June 30, 2006,
and if all 2003-2005 Federal funds were to be received during the fiscal year, the JPA's debt to
the City on June 30, 2006 would be approximately as follows:
Current outstanding loan balance: $ 850,000
Anticipated reimbursements through Grant
Allocation Agreement with Valley: (689,600)*
City's share of expenses 4/1/05 —6/30/06: 73,000
Total loan balance on 6/30/06: $ 233,400
*Note that at this time, it is unknown if all grants will be drawn down by the end of the FY 05-06 fiscal year, so the
actual loan balance on this date may be higher. Grant reimbursements will take place as Valley incurs eligible
expenses and is able to draw down federal funds.
Staff will also continue to pursue reimbursement of the City's costs through future federal grant
funds.
Recommendation
Adopt resolution.
O D
1 RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO APPROVING A REVISED AMENDMENT
' NO. 2 TO THAT CERTAIN LOAN AGREEMENT BY AND AMONG THE
CITY OF SAN BERNARDINO, THE SAN BERNARDINO VALLEY
4 MUNICIPAL WATER DISTRICT, AND THE SAN BERNARDINO
5 REGIONAL WATER RESOURCES AUTHORITY, AND REPEALING
RESOLUTION NO. 2005-127.
6
7 WHEREAS, the City of San Bernardino, California (the "City'), is a charter city, duly
g organized and existing pursuant to the provisions of the Constitution of the State of California;
9 and
10 WHEREAS, the City, the San Bernardino Valley Municipal Water District (the
1l "District") and the San Bernardino Regional Water Resources Authority (the "Authority")
12 heretofore entered into that certain 2001 Loan Agreement dated as of October 1. 2001 (the
C) 13 "Loan Agreement"), pursuant to which each of the City and the District agreed to loan to the
14 Authority an amount not to exceed Six Hundred Thousand Dollars ($600,000.00) for the
15 purposes of paying the fees and authorized expenses of the Initial Consultant; and
16 WHEREAS, the City, the District and the Authority heretofore entered into that certain
17 Amendment No. 1 to 2001 Loan Agreement dated as of October 21, 2002, pursuant to which
18 each of the City and the District agreed to loan to the Authority an amount not to exceed an
19 additional Two Hundred Fifty Thousand Dollars ($250,000.00) for the purposes of paying the
20 fees and authorized expenses of the Initial Consultant and the next phase in the development
21 and implementation of the Project as redefined by the Authority, to wit: the preparation of an
22 Environmental Impact Report ("EIR") in accordance with the California Environmental Quality
23 Act, as amended and the Guidelines established thereunder; and
24 WHEREAS, the Authority retained the services of a firm to assist the Authority in the
25 preparation of an EIR (the "EIR Consultant"); and
Jgwk
4831-1871-7440.1
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO APPROVING A REVISED
2 AMENDMENT NO. 2 TO THAT CERTAIN LOAN AGREEMENT BY
AND AMONG THE CITY OF SAN BERNARDINO, THE SAN
3 BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, AND THE
4 SAN BERNARDINO REGIONAL WATER RESOURCES AUTHORITY,
AND REPEALING RESOLUTION NO. 2005-127.
5
WHEREAS, upon repayment, in whole or in part, and from time-to-time of the amounts owed
6
by the Authority to the City and the District, the City and District hereby commit to re-loan
7
additional funds attributable to repayments received from such appropriate federal grant funds
s
only, on an equal oasis, to the Authority, so long as the total principal amount as so loaned and
9
outstanding at any one time, plus any remaining balance so owed to City and District by the
10
Authority never exceeds Eight Hundred Fifty Thousand Dollars (5850,000) in principal at any
11
point in time for either the City or District.
12
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
13
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
14
Section 1. The Mayor and Common Council hereby approves Amendment No. 2
15
attached hereto as Exhibit "A". The Mayor of the City of San Bernardino is hereby authorized
16
and directed to execute Amendment No. 2, together with such technical and conforming
17
changes as may be approved by the City Attorney.
1Q
Section 2. Resolution No. 2005-127 is hereby repealed.
19
20
21
22
23
24
25
'9
4831-1871-7440.1 -2-
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING A REVISED AMENDMENT NO. 2 TO THAT CERTAIN
2 LOAN AGREEMENT BY AND AMONG THE CITY OF SAN BERNARDINO, THE
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT, AND THE SAN
3 BERNARDINO REGIONAL WATER RESOURCES AUTHORITY, AND REPEALING
4 RESOLUTION NO. 2005-127.
Section 2. This Resolution shall take effect upon its adoption and execution in the
6
manner as required by the City Charter.
7
8 I HEREBY CERTIFY that the for°going Resolution was duly adopted by the Mayor and
9 Common Council of the City of San Bernardino at a meeting thereof, held on the
10 day of , 2005, by the following vote to wit:
11
12 Council Members: Aves Nays Abstain Absent
13 ESTRADA
14 LONGVILLE
15 MCGINNIS
DERRY
16
KELLEY
17
JOHNSON
1s
NIC CAMMACK
19
20 Rachel G. Clark, City Clerk
21 The foregoing resolution is hereby approved this day of , 2005.
22
23 Judith Valles, Mayor
City of San Bernardino
24 Approv d as to form and Legal Content:
"5 By:
ity Attorney
483 1-1871-74-10.1 -3-
AMENDMENT NO. 2 TO
2001 LOAN AGREEMENT
(Cite of San Bernardino and the San Bernardino Valley Municipal Water District)
THIS AMENDMENT NO. 2 is entered into this _ day of 2005,
by and among the City of San Bernardino, a California charter city (the "City"), the San
Bernardino Valley Municipal Water District, a public water district organized under the laws of
the State of California (the "District"), and the San Bernardino Regional Water Resources
Authority, a joint powers authority organized pursuant to California Government Code Section
6500, et se q. (the "Authority").
WHEREAS, the Authority was organized for the purpose of determining the most
beneficial method of alleviating high ground water problems existing in the City; and
WHEREAS, to accomplish its goals and objectives, the Authority is conducting a
water resource and storage project formerly known as the San Bernardino Vision 20/20 Project
which is now defined as the project described in the current EIR (as defined below) as the North
Lake Project and the South Lake Project (collectively, the "Project"); and
WHEREAS, the Authority initially retained Ehrenkrantz, Eckstut & Kuhn
Architects PC (the "Initial Consultant") to assist in the development and implementation of the
Project as initially described; and
WHEREAS, the City, the District and the Authority heretofore entered into that
certain 2001 Loan Agreement dated as of October 1, 2001 (the "Loan Agreement"), pursuant to
which each of the City and the District agreed to loan to the Authority separate amounts not to
exceed Six Hundred Thousand Dollars ($600,000.00) for each of the City and the District for the
purposes of paying the fees and authorized expenses of the Initial Consultant; and
WHEREAS, the City; the District and the Authority heretofore entered into that
certain Amendment No. 1 to 2001 Loan Agreement dated as of October 21, 2002, pursuant to
which each of the City and the District agreed to loan to the Authority separate additional
amounts not to exceed an additional Two Hundred Fifty Thousand Dollars ($250,000.00) for
each of the City and the District for the purposes of paying the fees and authorized expenses of
the Initial Consultant and RBF Consultants (the "Consultants") for the next phase in the
development and implementation of the Project as redefined by the Authority, to wit: the
preparation of an Environmental Impact Report ("EIR") in accordance with the California
Environmental Quality Act, as amended and the Guidelines established thereunder; and
WHEREAS, upon repayment. in whole or in part, and from time-to-time of the
amounts owed by the Authority to the City and the District, the City and District hereby commit
to re-loan additional funds attributable to repayments received from such appropriate federal
grant funds only, on an equal basis, to the Authority, so long as the total principal amount as so
loaned and outstanding at any one time, plus any remaining balance so owed to City and District
Rnised 11/29/O5 1
by the Authority, never exceeds Eight Hundred Fifty Thousand Dollars ($850.000) in principal at
any point in time for either the City or District.
NOW, THEREFORE, in consideration of the premises and such other good and
valuable consideration, receipt of which is acknowledged by the parties, the parties hereto agree
as follows:
Section 1. Except as hereby amended, the Loan Agreement, as amended by
Amendment No. 1, is in all respects ratified and confirmed and all of the terms, provisions and
conditions thereof shall be and remain in full force and effect.
Section 2. Except as otherwise provided herein, all terms not otherwise
defined in this Amendment INTO. 2 shall have the same meanings in this Amendment No. 2 as
those terms are given in the Loan Agreement, as previously amended.
Section 3. Paragraph numbered 1 of the Loan Agreement is amended by
adding the following at the end of said Paragraph:
"Upon repayment, in whole or in part, and from time-to-time of the
outstanding Eight Hundred Fifty Thousand Dollars ($850,000)
owed by the Authority to each the City and District, the City and
District commit to re-loan additional funds which are received as
loan repayments from the Authority attributable to appropriate
federal grant funds only on an equal basis to the Authority upon
receipt of the Authority's written request for such subsequent loan,
provided that the total principal amount as so loaned by each of the
City and the District, plus any remaining principal balance so owed
to the City and District by the Authority, never exceeds Eight
Hundred Fifty Thousand Dollars ($850,000) at any point in time,
for either the City or District, subject to the limitations contained in
Paragraph 2 of this Agreement. The President of the Authority
shall be hereby authorized to act for and on behalf of the Authority
to request in writing such additional loan of funds from the City
and the District in such amounts and subject to the requirements as
set forth above."
Section 4. Paragraph numbered 2 of the Loan Agreement is hereby amended
in its entirety to read as follows:
442. Use of City/District Loan. The Authority shall use the
City/District Loan proceeds solely for the purposes of paying fees
and other routine expenses associated with the normal operations
and administrative activities of the Authority, such as costs of the
project manager, legal counsel, the remaining invoices of the
Consultant related to the EIR and for such other fees and other
necessary and normal expenses reasonably incurred by the
R,:ki:cd 11'29!05
Authority related to the Project. It is understood that future
specific Project-related tasks with respect to (i) the North Lake
Project will be the primary responsibility of the District, and (ii)
the South Lake Project will be the primary responsibility of the
City, including, but not limited to, relocation, planning, NEPA
analysis, property acquisition, and other activities associated with
the planning, design and construction of the North Lake Project
and the South Lake Project, respectively. The parties recognize
that the City remains committed with its support for the North
Lake Project to be undertaken by the District, and the District
remains committed with its support for the South Lake Project to
be undertaken by the City. Nothing contained herein shall prevent
the parties. together with the Authority, from jointly applying for,
receiving, and using for the payment of Project costs such grant
funds, bond proceeds, and other jointly obtained funding sources
as the parties may so obtain.
Notwithstanding any other provisions of this section, it is
understood by the parties that beginning July 1, 2005, the
City/District Loan proceeds shall be used only for expenditures
that are made in accordance with an Expenditure Plan that shall be
annually adopted by the Authority. For the fiscal year beginning
July 1, 2005, the Expenditure Plan for the Authority shall be as
follows:
Project manager services: $60,000
Routine legal services: 24,000
Audit services: 5,000
Office expenses: 5,000
Other misc expenses: 6,000
Total FY 05-06 Budget: $100,000
Begirming July 1, 2005, the Authority may use City/District Loan
proceeds for expenses other than those contained in the
Expenditure Plan only upon the approval of the Mayor and
Common Council of the City and the Board of Directors of the
District. "
Section f This Amendment No. 2 may be executed in counterparts, each of
which shall be an original, and all of which shall constitute but one and the same instrument.
f
Revised 11129'05 ;
II
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No. 2 as of the date first above written.
CITY
City of San Bernardino
By:
Judith Valles
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
h
rr
City Attorney
l;
DISTRICT
San Bernardino Valley Municipal Water District
By:
C. Patrick Milligan
President
ATTEST:
By:
Secretary
Re%ised 11/29,10 4
y
AUTHORITY
San Bernardino Regional Water Resource Authority
i
i
By:
Judith Valles
President
(SEAL)
ATTEST:
By:
Secretary
APPROVED AS TO FORM:
By:
Authority Counsel
Revised 11/29!05 5
Strikethrough version
AMENDMENT NO. 2 TO
2001 LOAN AGREEMENT
(City of San Bernardino and the San Bernardino Vallee Municipal Water District)
THIS AMENDMENT NO. 2 is entered into this — day of , 2005,
by and among the City of San Bernardino, a California charter city (the "City"), the San
Bernardino Valley Municipal Water District, a public water district organized under the laws of
the State of California (the "District"), and the San Bernardino Regional Water Resources
Authority, a joint powers authority organized pursuant to California Government Code Section
6500, et sec (the "Authority").
WHEREAS, the Authority was organized for the purpose of determining the most
beneficial method of alleviating high ground water problems existing in the City; and
WHEREAS, to accomplish its goals and objectives, the Authority is conducting a
water resource and storage project formerly known as the San Bernardino Vision 20/20 Project
E
which is now defined as the project described in the current EIR (as defined below) as the North
Lake Project and the South Lake Project (collectively, the "Project'); and
WHEREAS, the Authority initially retained Ehrenkrantz, Eckstut & Kuhn
Architects PC (the "Initial Consultant') to assist in the development and implementation of the
Project as initially described; and
WHEREAS, the City, the District and the Authority heretofore entered into that
certain 2001 Loan Agreement dated as of October 1, 2001 (the "Loan Agreement'), pursuant to
which each of the City and the District agreed to loan to the Authority separate amounts not to
exceed Six Hundred Thousand Dollars ($600,000.00) for each of the City and the District for the
purposes of paying the fees and authorized expenses of the Initial Consultant; and
WHEREAS, the City, the District and the Authority heretofore entered into that
certain Amendment No. I to 2001 Loan Agreement dated as of October 21, 2002, pursuant to
which each of the City and the District agreed to loan to the Authority separate additional
amounts not to exceed an additional Two Hundred Fifty Thousand Dollars ($250,000.00) for
each of the City and the District for the purposes of paying the fees and authorized expenses of
the Initial Consultant and RBF Consultants (the "Consultants") for the next phase in the
development and implementation of the Project as redefined by the Authority, to wit: the
preparation of an Environmental Impact Report ("EIR") in accordance with the California
Environmental Quality Act, as amended and the Guidelines established thereunder; and
WHEREAS, upon repayment, in whole or in part, and from time-to-time of the
amounts owed by the Authority to the City and the District, the City and District hereby commit
to re-loan additional funds attributable to repayments received from such appropriate federal
grant funds only, on an equal basis, to the Authority, so long as the total principal amount as so
loaned and outstanding at any one time, plus any remaining balance so owed to City and District
Revised 1 U291105 I
Strikethrough version
by the Authority, never exceeds Eight Hundred Fifty Thousand Dollars ($850,000) in principal at
{ any point in time for either the City or District.
NOW, THEREFORE, in consideration of the premises and such other good and
valuable consideration, receipt of which is acknowledged by the parties, the parties hereto agree
as follows:
Section 1. Except as hereby amended, the Loan Agreement, as amended by
Amendment No. 1, is in all respects ratified and confirmed and all of the terms, provisions and
conditions thereof shall be and remain in full force and effect. .
Section 2. Except as otherwise provided herein, all terms not otherwise
defined in this Amendment No. 2 shall have the same meanings in this Amendment No. 2 as
those terms are given in the Loan Agreement, as previously amended.
Section I Paragraph numbered 1 of the Loan Agreement is amended by
adding the following at the end of said Paragraph:
"Upon repayment, in whole or in part, and from time-to-time of the
outstanding Eight Hundred Fifty Thousand Dollars ($850,000)
owed by the Authority to each the City and District, the City and
District commit to re-loan additional funds which are received as
loan repayments from the Authority attributable to appropriate
federal grant funds only on an equal basis to the Authority upon
receipt of the Authority's written request for such subsequent loan,
provided that the total principal amount as so loaned by each of the
City and the District, plus any remaining principal balance so owed
to the City and District by the Authority, never exceeds Eight
Hundred Fifty Thousand Dollars ($850,000) at any point in time,
for either the City or District, subject to the limitations contained in
Paragraph 2 of this Agreement. The President of the Authority
shall be hereby authorized to act for and on behalf of the Authority
to request in writing such additional loan of funds from the City
and the District in such amounts and subject to the requirements as
set forth above."
Section 4. Paragraph numbered 2 of the Loan Agreement is hereby amended
in its entiretv to read as follows:
`2. Use of City/District Loan. The Authority shall use the
City/District Loan proceeds solely for the purposes of paying fees
and other routine expenses associated with the normal operations
and administrative activities of the Authority, such as costs of the
project manager, legal counsel, the remaining invoices of the
Consultant related to the EIR and for such other fees and other
necessary and normal expenses reasonably incurred by the
Revised 11!29/05
Strikethrough version
Authority related to the Project. It is understood that future
specific Project-related tasks with respect to (i) the North Lake
Project errly will be funded a"eetl y by the primary, responsibility
of the District, and (ii) the South Lake Project en4y will be €untied
direetly-by the primary responsibility of the City, including, but not
limited to, relocation, planning, NEPA analysis, property
acquisition, and other activities associated with the planning,
design and construction of the North Lake Project and the South
Lake Project, respectively. The parties recognize that the City
remains committed with its support for the North Lake Project to
be undertaken by the District, and the District remains committed
with its support for the South Lake Project to be undertaken by the
City. Nothing contained herein shall prevent the parties, together
with the Authority, from jointly applying for, receiving, and using
for the payment of Project costs such grant funds, bond proceeds,
and other jointly obtained funding sources as the parties may so
obtain.
Notwithstanding any other provisions of this section, it is
understood by the parties that beginning July 1, 2005, the
City/District Loan proceeds shall be used only for expenditures
that are made in accordance with an Expenditure Plan that shall be
annually adopted by the Authority. For the fiscal year beginning
July 1, 2005, the Expenditure Plan for the Authority shall be as
follows:
Project manager services: $60,000
Routine legal services: 24,000
Audit services: 5,000
Office expenses: 5,000
Other misc expenses: 6,000
Total FY 05-06 Budget: $100,000
Beginning July 1, 2005, the Authority may use City/District Loan
proceeds for expenses other than those contained in the
Expenditure Plan only upon the approval of the Mayor and
Common Council of the City and the Board of Directors of the
District. "
Section 5. This Amendment No. 2 may be executed in counterparts, each of
which shall be an original, and all of which shall constitute but one and the same instrument.
ReN iced t 1%2905 j
I
s
Strikethrough version
I
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment
No. 2 as of the date first above written.
CITY
City of San Bernardino
By:
Judith Valles
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM
AND LEGAL CONTENT:
By:
City Attorney
DISTRICT
San Bernardino Valley Municipal Water District
By:
C. Patrick Milligan
President
ATTEST:
Bv:
Secretary
Q
ReN ised 11'29'05 4
Strikethrough version
AUTHORITY
San Bernardino Regional Water Resource Authority
By:
Judith Valles
President
(SEAL)
ATTEST:
By
Secretary
APPROVED AS TO FORM:
By:
Authority Counsel
Re%ised 11:'29/05 5