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2015/03/10 City Council Resolution 2015-037IN 11RUN11013010011 , administers WHEREAS, Santa Rosa, in its role as managing partner for the Subregional Systems, • agreements customers that recycled produced • `y.. the Subregional System; and WHEREAS, . . Rosa .' • Rohnert Park are parties to a User Agreement • . e 28, 1995 (User Agreement), which has been amended once to add the Rohnert Park Pump Sew Lift Station to the list of approved recycled water users; and I WHEREAS, .''• . .' • Rohnert Park are g# . g a new agreement related to recycled water; and WHEREAS, Rohnert Park has requested . • Santa Rosa has agreed to extend the term :tf the current User Agreement until June 30, 2015 to allow for completion of the negotiations vver the new agreement. NOW, THEREFORE, BE IT RESOLVED by • of of Rohnert Park w t it makes the following determinations with r.. g . • to the second amendment to the User Section 3. The City Council does hereby authorize and approve the second amendment to the User Agreement by and between the City of Santa Rosa, a municipal corporation, and the City of Rohnert Park, a municipal corporation, for recycled water service. Section 4. The City Manager is hereby authorized and directed to take all actions to effectuate this second amendment for and on behalf of the City of Rohnert Park, including execution, if necessary, in substantially similar form to the amendment attached hereto as Exhibit "A," subject to minor modifications by the City Manager or City Attorney. DULY AND REGULARLY ADOPTED this I 01 day of March, 2015. F G r l r ;, k 0�aro,yr� qg/ ATTEST: ; ° "` MW r� cnM� M ltLicrgler, Ch�r (:'l rk Attachment: Exhibit A CITY OF ROHNERT PARK -- Amy O. Ahanotu, Mayor CALLINAN: NA5 MACKENZIE: AYE STAFFORD: A,,1Lt BELFORTE: Aye AHANOTU: AA,(;-7 AYES: ( 5 ) NOES: ( O ) ABSENT: ( O ) ABSTAIN: ( O ) 2015 -037 SECOND AMENDMENT TO USER AGREEMENT m This second Amendment to User ( dated March 2" v , 1995, between the City of Santa Rosa ("^City`) and the City ofRohnert Park (^^Dso")(mUective1y, the ^Partio/) is made asofthis I 01 day of March 2Ql5. RECITALS /\' The Pmfion entered into alJour /\gceeoucnd on DWorub 28" 1995 (''/\greocoeui'`) related to the provision of recycled water from City to l}mor, which has been amended once to include the addition ofthe Rnboot Park Sewer Lift Station io the list of approved users; 8' The Parties now desire to amend the Agreement in order to briefly extend the term of the Agreement pending negotiation ofunew Recycled Water Supply Agreement. The Parties expect that the proposed, new agreement will address numerous aspects of recycled water supply to User, including, but not limited to, the definition of a producer- distdbutncrelutioumbiphebvceodzcCi1yondUoer. This producer-distributor relationship is expected to include the transfer of Subregional Urban Reuse Customers to Rohnert Pack` including all existing urban reuse customers within Rubuert Park City limits and Sonoma State University. NOW, THEREFORE, the Parties agree to amend the Agreement as follows� l. TERM. Section l of Agreement io amended to read nm fhUovva: "The term of this Amendment shall coouozeuue on the date of this /\meudozout and end on June 90, 2015, unless 1oroubnoLed earlier under Section 15 of the 2. All other terms of the Agreement uba/| remain in Od| force and cDeu1 Page I of 2 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year above writte.-c. [am W&NN 0MRIZA, 8 V.111414 19 By: Name: Darrin Jenkins Title: City Manager Date: Per Resolution No. 2015 - adopted by the Rohnert Park City Council at meeting of March _, 2015. LIM IBM= By: Name: David Guhin Title: Director of Utilities L-In AZZMEENEEM