HomeMy WebLinkAboutC35940 CA1 Non-Potable Water Agmt - DWGRCONTRACT NO. C35940
STAFF REPORT
CITY OF PALM DESERT
PUBLIC WORKS DEPARTMENT
MEETING DATE:
PREPARED BY:
June 11, 2020
Heather Homing, Sr. Management Analyst
REQUEST: Authorize the execution of the First Amendment to the Nonpotable
Water Agreement (Contract No. C35940) between the Coachella Valley
Water District (CVWD) and the City of Palm Desert for the Desert Willow
Golf Resort.
Recommendation
By Minute Motion:
� �
1. Approve the First Amendment to the Nonpotable Water Agreement (Contract No.
C35940) with CVWD for nonpotable water services at Desert Willow Golf Resort;
and
2. Authorize the Mayor to execute the First Amendment to the Nonpotable Water
Agreement.
Strateqic Plan
The proposed action has no impact on the Strategic Plan.
Backaround Analvsis
In 1996, the City entered into a Nonpotable Water Agreement (NPW Agreement) with
CVWD to utilize nonpotable water for irrigation of the Desert Willow golf courses. The
Agreement provided for the construction of an effluent delivery and storage system at
Desert Willow Golf Resort and obligated the City to use 50% nonpotable water for irrigation
on both golf courses. The term of the agreement was for a period of fifteen years.
In 2010, a new NPW Agreement was approved with a five-year term requiring the City to
utilize 80% nonpotable water for irrigation of the golf courses. In 2012, this NPW Agreement
was amended to give the City an additional option in the method used to calculate the City's
per acre cost for non-potable water that was more cost effective. The Nonpotable Water
Charge (NPWC) per acre foot is calculated using the following formula:
NPWC = 0.85 (RAC + PC)
Where:
June 11, 2020 - Staff Report
Approve First Amendment to the CVWD Nonpotable Water Agreement for Desert Willow
Golf Resort
Page 2 of 3
RAC = Replenishment Assessment Charge, which is a fixed District-wide water
replenishment fee used to recharge the aquifer; and
PC = Pumping Cost, which is calculated by using the lower cost of two options: the
City may utilize an annual pump efficiency test to establish the energy cost to pump
one acre foot of well water, or the City may utilize the established Southern California
Edison (SCE) bundled service average rate for agriculture and pumping customers;
and
0.85 = A 15% discount for using nonpotable water rather than well water.
The proposed First Amendment to the NPW Agreement will change the method for calculating
the PC. Instead of the City using one of the two PC calculation options mentioned above, the
City would use the rate established for Type A customers. The Type A customer rate is an
average pumping cost which is currently $54.57 per acre foot, and it can be increased by 3%
each year at CVWD's discretion. This change in PC calculation will result in a lower rate for
the City's nonpotable water used at Desert Willow Golf Resort.
The City currently pays $173.83 per acre foot, and the proposed amendment will lower the
rate to $168.61 in Fiscal Year (FY) 2020/2021. Desert Willow uses about 2,000 acre feet of
nonpotable water a year, resulting in an estimated cost savings of about $10,000 for FY
2020/2021. Staff recommends approving the First Amendment to the NPW Agreement,
allowing the City to utilize the Type A rate.
Fiscal Analvsis
Approval of the First Amendment to the NPW Agreement will continue to allow Desert Willow
Golf Resort to use nonpotable water on both golf courses while reducing the per acre NPWC.
The cost savings in FY 2020/21 is estimated to be approximately $10,000.
LEGAL REVIEW
,�oGod :�aaguaaes
Robert W. Hargreaves
City Attorney
DEPT. REVIEW
%�rc Cfaaua
Tom Garcia, P.E.
Director of Public Works
FINANCIAL
REVIEW
�a-wo�' 1�'1. i'%o�w
Janet M. Moore
Director of Finance
ASSISTANT
CITY MANAGER
�lndy ,firestine
Andy Firestine
Assistant City Manager
City Manager, Lauri Aylaian: AF
June 11, 2020 - Staff Report
Approve First Amendment to the CVWD Nonpotable Water Agreement for Desert Willow
Golf Resort
Page 3 of 3
VENDOR: Coachella Valley Water District
Post Office Box 1058
Coachella, California 92236
ATTACHMENTS: First Amendment
Exhibit "A" — Copy of NPW Agreement
CONTRACT NO. C .
1
FIRST AMENDMENT
NONPOTABLE WATER AGREEMENT
This First Amendment (“First Amendment”) is made this ____ day of ___________, 2020, by and
between the Coachella Valley Water District, a public agency (“CVWD”) and the City of Palm
Desert, a public agency for the State of California (“Customer”). CVWD and Customer are
collectively referred to herein as “Parties” and singularly as “Party.”
RECITALS
WHEREAS, the Parties entered into a Nonpotable Water Agreement, dated March 9, 2017,
(“Agreement”) for Nonpotable Water irrigation at Desert Willow Golf Resort golf course
described in the Agreement as “Customer’s Property.” A copy of the Agreement is attached
hereto as Exhibit “A” and incorporated herein by reference. Unless otherwise mentioned, all
terms in this First Amendment shall have the same definition as set forth in the Agreement; and
WHEREAS, the Agreement requires Customer to pay the Nonpotable Water Charge (“NPWC”)
which is CVWD’s charge per acre foot for Nonpotable Water delivered to Customer. The NPWC
is further defined in the Agreement; and
WHEREAS, the Agreement currently provides that the NPWC is set at approximately 85% of the
reasonable estimated cost of pumping Groundwater. The Agreement currently provides that the
NPWC is derived as follows;
NPWC = .85 (RAC + PC)
Where:
RAC = Replenishment Assessment Charge; and
PC = Pumping Cost
WHEREAS, pursuant to its authority under the Water Code to revise rates and charges in order
to generate funds needed for financial support of the Nonpotable Water Program, the CVWD
Board of Directors took action on September 24, 2019 to adopt Resolution No. 2019-39 which
established new and adjusted rates for Nonpotable Water Use. Said rates went into effect as of
September 24, 2019; and
WHEREAS, the intent of this First Amendment is to conform the Agreement to the new and
adjusted rates for Nonpotable Water Use which went into effect pursuant to Resolution No.
2019-39.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
35940
CONTRACT NO. C .
2
AGREEMENT
1. Definitions. Section I. Definitions, Subsection K. Pumping Costs of the Agreement
is hereby amended, in its entirety, as follows:
K. Pumping Costs (“PC”) – The pumping cost is the cost of electrical energy required to
pump an acre foot of water through a well.
2. Charges. Section VIII. NONPOTABLE WATER CHARGES, Subsection B. Charges of
the Agreement is hereby amended, in its entirety, as follows:
B. Charges:
• Customer is considered a Type A Customer since Customer uses nonpotable
water in lieu of groundwater or domestic water and Customer’s water use
is within the West Whitewater Replenishment Subbasin Area of Benefit.
The Type A NPWC will be calculated at 85% of the RAC rate plus PC, where
RAC is the Replenishment Assessment Charge for the West Whitewater
Replenishment Subbasin Area of Benefit then in effect on July 1 of each
year, and the PC is the average pumping cost established at $54.57 per acre
foot, to be escalated by 3% on July 1 of each year, at the Board’s discretion.
3. PC Adjustments. Section VIII. NONPOTABLE WATER CHARGES, Subsection C. PC
Adjustments in the Agreement is hereby amended, in its entirety, as follows:
C. PC Adjustments:
The PC will be adjusted annually by CVWD, as appropriate, to account for changes in
electrical costs and pumping plant efficiencies.
4. Balance Of Agreement To Remain In Full Force And Effect Except as expressly
modified by this First Amendment, all of the terms, conditions, agreements and understandings
contained in the Agreement shall remain unchanged and in full force and effect, the same are
hereby expressly ratified and confirmed by the Parties and any references to the Agreement
herein or in the Agreement shall mean the Agreement as amended by this First Amendment.
5. Severability If any one or more provisions of this First Amendment should be ruled
illegal, wholly or partly invalid or unenforceable by a governmental authority under applicable
law, CVWD and Customer shall negotiate an equitable adjustment in the provisions of the same
in order to effect, to the maximum extent permitted by law, the purpose of the Agreement and
this First Amendment (and in the event that CVWD and Customer cannot agree then such
provisions shall be severed from this First Amendment) and the validity and enforceability of
the remaining provisions of this First Amendment and the Agreement, or portions or
applications thereof, shall not be affected by such adjustment and shall remain in full force and
effect.
35940
First Amendment
CONTRACT NO. C .
3
6. Counterparts This First Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed as
of the day and year first set forth above.
CITY OF PALM DESERT
Dated:________________ _______________________________
Gina Nestande
Mayor
COACHELLA VALLEY WATER DISTRICT
Dated:________________ _______________________________
J.M. Barrett
General Manager
PLEASE ATTACH APPROPRIATE NOTARIAL CERTIFICATES
35940
First Amendment
CONTRACT NO. C .
4
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual
who signed the document to which this certificate is attached, and not the truthfulness, accuracy,
or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 2020, before me, _______________________________, Notary Public,
personally appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of
the State of California that the foregoing paragraph is true
and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the
document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
35940First Amendment
CONTRACT NO. C .
5
35940
Exhibit "A"
CONTRACT NO. C35940
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
I. DEFINITIONS
A. Canal Water — Canal Water delivered via the Coachella Branch of the All American
Canal and/or the Mid-Valley Pipeline.
B. Customer Facilities — All pipelines and pumping equipment located from the POC, as
defined below, and throughout the Customer's irrigation system but shall not include
CVWD Facilities.
C. Customer's Property — The Property identified in the Introductory paragraph of this
Agreement.
D. CVWD Facilities — All pipelines, floats, valves, levels, and pumping equipment located
at the Canal and to the POC, as defined below, including the flow meter, but shall not
include the Customer Facilities.
E. Days — Calendar days unless otherwise specified herein.
F. Default — Defined as set forth in Section XI.
G. Groundwater — Water produced through wells from any aquifer underlying the Coachella
Valley.
H. Nonpotable Water — Either Recycled Water produced by the Plants or Canal Water or a
combination of both.
I. Nonpotable Water Charge ("NPWC") — CVWD's charge per acre foot for Nonpotable
Water delivered as defined in Section VIII (B) herein
J. Point of Connection ("POC") — The point of delivery of Nonpotable Water from CVWD
Facilities to Customer Facilities, which for this Agreement shall be the flow meter vault.
K. Pumping Costs ("PC") — The pumping cost is the cost of electrical energy required to
pump an acre foot of water through a well. The PC is based on kilowatt hours required
to pump one acre foot of water multiplied by the cost per kilowatt hour that Southern
California Edison publishes annually as their bundled service average rate level for
agriculture and pumping groups. Alternatively, and at the discretion of the Customer, the
cost per kilowatt hour from a pump analysis conducted on the Customer's golf course
irrigation well(s) by Southern California Edison or comparable CVWD approved pump
check company will be used to determine the pumping cost. For purposes of
establishing the PC, in each alternating every other year the Customer will provide pump
test data, including a cost analysis completed by Southern California Edison or
comparable CVWD approved pump check company for the wells that are Customer's
19782.0001 ��2900907�.1 2
CONTRACT NO. C35940
alternate water supply for irrigation. If Customer has more than one well to use as the
Groundwater supply source, the pumping cost will be prorated based on well capacity
and the kilowatt hours required to pump one acre foot of water multiplied by the cost per
kilowatt hour as determined by Southern California Edison or comparable CVWD
approved pump check company. In the alternate year that the pump test data is not
provided to CVWD, a 12 month billing history account overview including the months
of July lst to June 30th will be provided by the Customer to CVWD to provide the
average cost per kilowatt hour or if preferred Southern California Edison's bundled
service average rate level for agriculture and pumping groups will be incorporated; and
the previous year's pump cost analysis' kilowatt hours per acre foot.
For Customers with direct pressurized connections, the pumping cost shall include the
cost of electrical energy required to pump an acre foot of water through wells and
booster pumps into the irrigation system of the Customer property. Customers with
direct pressurized connections will need to provide pump test data and cost analysis
completed by Southern California Edison or comparable District-approved pump check
company for the wells and the booster pumps.
For Customers without wells, the pumping cost will be the average cost of electrical
energy required to pump and acre foot of water through other nonpotable water
customers' wells. The total cost analyses of Customers with wells will be averaged and
this average cost will be incorporated in the Nonpotable Water Charge as the Pumping
Cost.
L. Recycled Water — Recycled water generated by the Plants meeting the requirements of
Section 60301.230 of Title 22 of the California Code of Regulations, including any
amendments thereof.
M. Replenishment Assessment Charge ("RAC") — CVWD has a RAC for Groundwater
production in each of three separate areas of benefit within CVWD's service area, an
"area of benefit" being that geographic area benefited by recharge of the Groundwater,
primarily with imported water. The annual adjustment of the RAG will be reflected in
the NPWC, as described in Section VIII(D) below.
II. FACILITIES
A. CVWD owns, operates, maintains and repairs all CVWD Facilities up to the POC.
B. Customer owns, operates, maintains and repairs all Customer Facilities from and after
the POC.
C. Customer grants to CVWD, a perpetual non-exclusive easement to operate, inspect,
maintain, repair, improve CVWD Facilities including the POC in, on, over, under,
along, through and across the Customer's Property with reasonable right of access to and
fi�om said easement for the purposes of exercising the rights granted herein.
19782.00015\29009075 1 �
CONTRACT N0. C35940
III. SOURCES OF WATER
A. Customer understands that CVWD's Nonpotable Water supply is subject to interruption
and that at times Customer may be required to meet its irrigation demands with
Groundwater, either solely or in conjunction with CVWD's available supply of
Nonpotable Water. For that reason, Customer shall have a backup supply available
(Groundwater) equal to One Hundred Percent (100%) of its peak irrigation water
demands in "ready" status, and Customer's irrigation system shall be capable of
operating in tandem with CVWD Facilities in order to augment CVWD deliveries as and
when required. Customer hereby waives and releases CVWD from any claim, loss,
damage or action that it may have against CVWD for failure to deliver irrigation water,
including, but not limited to, damages, loss of business, loss of profit or inconvenience.
B. Customer hereby agrees to use Nonpotable Water as the Customer's primary source of
irrigation water for the Customer's property and shall be used to the maximum extent
practical, subject, however, to the requirement that in the irrigation of golf courses and
related landscaping, at least Eighty Percent (80%) of said irrigation shall be with
Nonpotable Water. See Section VIII(D) below regarding a surcharge for noncompliance
with this requirement.
"fhe requirement to use Eighty percent (80%) Nonpotable Water recognizes that the
Customer may use up to Twenty Percent (20%) potable and/or Groundwater for
purposes determined necessary by the Customer. If the Customer meets the Eighty
Percent (80%) Nonpotable requirement, CV WD considers this to have met the
maximum extent practical condition.
C. Subject to Sections III(A) and (B) above, Groundwater shall be the secondary source of
irrigation water.
D. In the event of a shortage of available Canal Water, irrigation water use shall conform
with CVWD's Colorado River Water Shortage Contingency Plan.
E. Prior to the initiation of water service, Customer shall execute a Well Metering
Agreement which is attached as Exhibit A.
IV. WATER QUALITY, REGULATORY APPROVALS, VIOLATIONS
A. Regulatory Compliance
1. Customer understands, acknowledges and agrees that Canal Water may not be used
for potable purposes.
2. CVWD will provide Nonpotable Water to Customer in accordance with CVWD's
Rules and Regulations Governing Canal Water And Drainage Service as said Rules
And Regulations may be amended, revised or re-named from time to time.
3. The Customer acknowledges that Customer's Property must be irrigated by a method
t11at does not permit unreasonable use or waste of water. Only sprinkler, drip
19782.OU01 �\Z90U907�. I 4
CONTRACT N0. C35940
irrigation, or lake level maintenance as presently installed on the Customer's Property
will be permitted without CVWD's written approval, which approval shall not be
unreasonable withheld.
4. In connection with the use of Nonpotable Water by Customer, Customer shall obtain
all necessary authorizations or approvals from regulatory agencies having jurisdiction
and shall at all times comply with the provisions of its waste discharge permit or a
general permit issued by the California Regional Water Quality Control Board,
Colorado River Basin Section, General Order No. 97-700 (Exhibit "B") or subsequent
waste discharge permit or a general permit issued by the appropriate State of
California agency. In reference to this subparagraph, CVWD agrees to cooperate and
make a good faith effort to assist Customer in obtaining all necessary authorizations
or approvals from regulatory agencies having jurisdiction over the use of such
Nonpotable Water and to conform to all such regulatory requirements.
5. This Agreement is subject to U.S. Bureau of Reclamation rules and regulations.
B. Reporting Violations
Customer agrees to notify CVWD and the California Regional Water Quality Control
Board, Colorado River Basin Section, of any non-compliance with its California
Regional Water Quality Control Board, Colorado River Basin Section, General Order
No. 97-700 oi• subsequent order within 24 hours of becoming aware of the failure.
Customer also agrees to notify CVWD prior to making any modifications that would
result in a material change in the quality or quantity of Nonpotable Water used, or any
material change in the location of the use.
V. SCHEDULING
A. CV WD Interruptions
CVWD shall use commercially reasonable efforts to complete delivery of tlie
Nonpotable Water source(s) as soon as practicable, subject, however, to Nonpotable
Water availability. CVWD may cause interruptions of Nonpotable Water service due to
scheduled maintenance, equipment malfunctions, and natural disasters creating an
emergency condition. CV WD shall use a commercially reasonable effort to give
Customer 48 hours' notice of any scheduled maintenance which would interfere or
interrupt Nonpotable Water delivery to Customer, but shall not be liable to Customer for
any reason whatsoever for failure to give such notice. CVWD shall use commercially
reasonable efforts to minimize any interruption relating to maintenance and shall, at all
times, make a good-faith effort to facilitate the delivery of Nonpotable Water to
Customer. The scheduling and advance notice of any maintenance which would
interfere or interrupt Nonpotable Water delivery to Customer shall be determined by
CVWD pursuant to the applicable rules and regulations and as said scheduling and
notice may be revised from time to time.
19782.0001 ��900907�. I s
CONTRACT N0. C35940
B. Customer Interruptions
If Customer plans to interrupt delivery of Nonpotable Water from CVWD for a period
longer than 48 hours, Customer and CVWD shall agree on a schedule for restoration of
deliveries, and Customer shall provide CVWD with notice in writing for each additional
day that Nonpotable Water delivery will be interrupted. Customer shall further make
every reasonable effort to minimize any interruption relating to maintenance and shall,
at all times, make a good faith effort to facilitate the acceptance of Nonpotable Water
From CVWD.
VI. DCLIVERY PRESSURE
The Nonpotable Water delivery by CVWD shall be determined by CVWD pursuant to
the applicable rules and regulations as the same may be amended or revised from time to
time. For example only, it is anticipated that such delivery will be pursuant to
determinations within the range of zero to 150 pounds per square inch (psi). CVWD will
not be responsible or obligated to provide the pressurization of the irrigation system
beyond the POC.
VII. MANAGEMENT, INDEMNIFICATIONS
A. Customer agrees to accept full and exclusive responsibility for the management �nd use
of all Nonpotable Water delivered by CV WD from and after the POC and shall, except
For the negligence of CVWD, defend and hold CVWD its officers, employees, and agents
free and 1larmless from any injuries, damages to the real or personal property of
Customer and the claims of any third party which may result directly or indirectly fi•om
management and use of such Nonpotable Water by Customer from said POC.
B. CVWD agrees to accept full and exclusive responsibility for the management and
delivery of the Nonpotable Water served by CVWD to and inclttding the POC and except
for claims and damage directly related to negligence on the part of Customer, shall
defend and hold Customer harmless from claims from third parties related to said
management and delivery of the Nonpotable Water.
VIII. NONPOTABLE WATER CHARGES
A. Invoices
1. Invoicing and payment for delivery of Nonpotable Water shall be as follows:
a. CVWD shall bill Customer monthly for the delivery of Nonpotable Water
to Customer. The Nonpotable Water statement shall include: (1) the Nonpotable
Water delivery dates, (2) the water, tolls and charges, (3) the amount of
Nonpotable Water consumed in acre-feet, (4) the amount to be paid by Customer
to CVWD, and (5) conservation charge, if applicable.
b. Customer shall make payment to CVWD upon receipt of invoice and shall
be subject to the applicable rules and regulations regarding due dates, late
19782.0001 �\29009U7� I (
CONTRACT NO. C35940
charges and interest charges as said rules and regulations may be revised from
time to time. Nonpotable Water will be measured in or converted to acre feet foi•
invoicing.
B. Charges
1. The NPWC is set at approximately 85% of the reasonable estimated cost of the
pumping Groundwater. The NPWC is derived as follows;
NPWC = .85 (RAC + PC)
Where:
RAC = Replenishment Assessment Charge, see Definitions. Section I(M) �bove.
PC = Pumping Cost, see Definitions. Section I(K) above.
C. PC Adjustments
The PC will be adjusted annually to account for changes in electrical costs and p�unpiiig
plant efficiencies. See Definitions, Section I(K) above. Customer shall provide new
pump test data including a pumping cost analysis that shows the overall plant efficiency
and kilowatt hour per acre foot for the wells (and booster pumps, if a direct pressurizecl
connection) used by Customer as its alternate water supply for golf course irrigation
every other year prior to May 31, so that the updated NPWC can be calculated. In the
alternate year that the pump cost analysis is not provided to CVWD, Southern California
Edison's bundled service average rate level for agriculture and pumping groups and the
Customer's previous year's kilowatt hour per acre foot from the pump cost analysis sl�all
be incorporated for the pumping cost calculation. If Customer fails to provide ai1
upd�ted pumping cost analysis or billing history report, the PC will be increased 15%
over the prior year's cost.
D. Conservation Charge
There will be a Conservation Charge invoiced to Customer for any year wherein the
gross annual water use of Nonpotable Water for golf course and landscape irrigation
does not equal or exceed Eighty percent (80%) of the total water for golf course and
landscape irrigation. This Conservation Charge revenue will be used by CVWD to fund
conservation programs designed to protect the aquifer, in keeping with the intent of this
Agreement. CV WD will determine the total number of acre feet of Nonpotable Water
used below Eighty percent (80%) by Customer in the fiscal year. The fiscal year shall
be fi•om July 1 to June 30. Monthly CVWD will provide an update on Customer's
performance in meeting this Eighty percent (80%) requirement. The Conservatioil
Charge will be calculated by multiplying the number of acre feet below Eighty percent
(80%) by one-half of the NPWC. An invoice will be sent to Customer within sixty (60)
days of the end of any fiscal year where Customer used less than Eighty percent (80%)
Nonpotable Water.
If CVWD interrupts service of Nonpotable Water, as described in Section III(D) above.
for example, such interruption will be considered in the calculation to be determinecl
I )782.000I >�9009U75. I 7
CONTRACT N0. C35940
whether or not the requirement to use Eighty percent (80%) Nonpotable Water has been
met.
IX. SURFACE IMPROVEMENTS
CVWD shall use reasonable and ordinary care in the removal of any surface improvements that
CVWD may be required to remove in the future to access the delivery system or CVWD
Facilities. If surface improvements are required to be removed by CVWD to access the delivery
s}�stem or CVWD Facilities, CVWD shall only be responsible for replacing and repairing
conci•ete curb and gutters and asphalt paving ("Covered Surface Improvements"). CVWD shall
not be i•esponsible for replacing any other surface improvements such as, but not limited to,
��111C�SC1j�lllg, stamped concrete or concrete pavers, the repair and replacement of which sliall be
1l CL1St011lel''S SOIe eX]�e11Se �"Not Covered Surface Improvements"). Any Not Covered Surface
lmprovements installed upon or immediately adjacent to the delivery system or CVWD
Improvements shall be at Customer's sole risk. Therefore, Customer waives all rights it may
have Lulder Civil Code Section 1542 to seek damages from CVWD for repair or replacement of
Not Covered Surface Improvements.
X. TERM
1'lie Term of this Agreement shall be for a period of five (5) years from the Effective Date
subject to the termination provisions in Section XII. This Agreement shall automatically renew
for additional five (5) year terms without further action by the Parties until this Agreement is
terminated pursuant to Section XII below. Cach renewal of this Agreement shall be subject to
CVWD's ri�I1t, in its sole discretion, to unilaterally amend and modify this Agreement at any
time, to implement CVWD policy changes applicable to all CVWD Nonpotable Water users,
effective immediately upon written notice to Customer. Any changes to this Agreement tliat ai•e
�uiique to Customer must be by mutual agreement of the Parties.
XI. DEF'AULT
Failure on the part of CVWD or Customer to meet any condition or requirement of this
Agreement, other than as a result of conditions beyond the control of CVWD and/or Customer,
suc11 as force majeure/acts of God, shall constitute a default. The nondefaulting Party shall
provide tlie otlier Party with written notice of default before taking filrther action, and the other
P�ll'tl' sliall have thirty (30) days from the date of the notice of default to commence to cure same.
In the absence of cure, the nondefaulting Party may pursue all legal remedies available to it,
111C�Lldlllg i�le termination of this Agreement or suit to collect damages or outstanding cliarges
due.
XII. TERMINATION
A. CV WD shall have the right to terminate this Agreement upon giving Customer one
IZundred twenty (120) days written notice of termination.
B. Ill addition, CVWD may terminate delivery of Nonpotable Water in the event of
maildatory changes in the requirements of Nonpotable Water fi•om regulatory agencies
(otlier than CVWD) having jurisdiction over Nonpotable Water and/or changes in its
water c�uality which would cause CVWD to expend funds for capital expenditures to such
197A2.0001 i\2900907�.1 8
CONTRACT N0. C35940
an extent that the delivery of Nonpotable Water to Customer would no longer be
economically feasible. Customer hereby waives any claim that it may have against and
will defend and indemnify CVWD against any claim by others for damage or economic
loss resulting from the termination of Nonpotable Water service for any reason. CVWD
shall give Customer a minimum of one hundred twenty (120) days' notice of its intent to
permanently terminate Nonpotable Water service pursuant to this subparagraph.
C. ln t11e event of termination of this Agreement pursuant to this Section XII, Customer shall
be responsible for payment for deliveries of Nonpotable Water up to and including the
date of termination as well as any other applicable costs and charges under this
Agreement pursuant to the payment provisions of Section VIII(A)(1)(b) herein.
XIII. TRANSFER OF CUSTOMER'S PROPERTY
In tlie event the Customer transfers or leases Cttstomer's Property, the Customer hereby agrees to
deliver a copy of this Agreement to the transferees or lessees on or before the transfer of the
Customer's Property. Concurrently with the delivery of the Agreement to the transferees or
lessees, t11e Customer shall obtain a written acknowledgment and acceptance of the terms of tliis
Agreement executed by the transferees or lessees indicating that (a) the transferees or lessees
liave received a copy of the Agreement, and (b) the transferees or lessees have or sh�ll have,
pi•ioi• to tlie date the Customer's Property is transferred or leased to the transferees or lessees,
acknowledge the tern7s and provisions contained in the Agreement and (c) expressly agree to
�ssume any and all obligations of the Customer under this Agreement. CVWD shall have thc
riglit to approve the proposed assignment of this Agreement, which approval may be withl�eld in
CVWD's reasonable discretion. The Customer shall deliver the executed acknowledgment to
CV WD within tive (5) business days of i•eceipt.
XIV. GENCRAL PROVISIONS
A. Further Assurances. Each Party shall execute, acknowledge and deliver such other
documents and instruments as are reasonably necessary to carry out the intent and
puiposes of this Agreement.
B. Counterparts. This Agreement may be executed in two or more counterparts; c7ch
counterpart shall be deemed an original instrument as against the Party who signed it.
C. Binding on Successors. This Agreement is binding and shall inure to the benefit of the
� I'arties hereto and to their respective successors, assigns and representatives.
D. Attorneys' Fees. In the event that any action, suit or other proceeding is instituted to
remedy, prevent or obtain relief from a breach of this Agreement, or arising out of� a
bi•each of t11is Agreement, the prevailing Party shall recover reasonable attorneys' fees
incurred in each and every such action, suit or other proceeding, including any and all
appeals or petitions.
E. No Prior Assignment. The Parties to this Agreement hereby warrant and represent tl7�t
the Parties have not heretofore assigned or transferred, or purported to have assigned or
transferred to any person whomsoever, any matter, including claims, released or covered
by this Agreement or any part or portion thereof. Further, the Parties hereto agree to
i�»sz ouoi;�z��ou9o�� i 9
CONTRACT NO. C35940
indemnify and holds harmless the Parties hereto from any claims resulting fi�om any
person or entity asserting any such claim pursuant to any such assignment or transfer by
t11e indemnifying Party.
F. Governing Law. This Agreement shall in all respects be interpreted, enforced and
governed by the laws of the State of California. In the event that this Agreement must be
enforced by a court of law, the Parties hereby agree that the said action shall be tried by
the Superior Court of Riverside County of the State of California, Desert Judici�l
CV WD.
G. Power to Execute. The Parties represent and warrant that they have carefillly read this
Agreement and had the contents and legal effect hereof fully explained by legal counsel
of their choosing; that the Parties have the sole and exclusive power and authority to
execute this Agreement and do so of their own free act.
1-i. Entire Agreement. This Agreement contains the entire agreement and understanding
concerning the subject matter hereof between the Parties, and supersedes and replaces all
prior negotiations, proposed agreement and agreements, whether written or oi•�I,
expressed or implied, of any type whatsoever. Each of the Parties hereto acknowleclges
that neither any other Party hereto nor any agent or attorney or any otliei• Party
whomsoever has made any promise, representation or warranty whatever, expi•essed or
im�lied, not contained herein concerning the subject matter hereof to induce it to execute
this Agreement, and acknowledges and warrants that this Agreement is not bein�
executed by sucli Party in reliance on any promise, representation or warranty not
contained herein.
1. Severability. In the event that any of the provisions of this Agreement shall be held to be
invalid, tile same sliall not affect, in any respect whatsoever, the validity of the remainder
of this Agreement.
J. Notices. All notices provided for hereunder shall be in writing an mailed (registered or
cei•tified, postage prepaid, return receipt requested), or by express carrier (return receipt
requested) or hand delivered to the Parties at the addresses set forth below r at suc11 otller
addresses as shall be designated by such Party and a written notice to the other Party in
accordance with the provisions of this Section. All such notices shall, if hand delivei•ed„
or delivered by express carrier, be deemed received upon deliveiy and, if mailed, be
deemed received three (3) business days after such mailing.
CV WD:
Coachella Valley Water District
Attention: Jim Barrett, General Manager
Post Office Box 1058
Coachella, California 92236
CUSTOMER:
Desert Willow Golf Resort
Attention: Mike Tellier
P.O. Box 11171
Palm Desert, California 92255
i �»s�.000i s�,���oo�o�;. i 10
CONTRACT NO. C35940
IN WITNCSS WHEREOF, the Parties hereto have executed this Nonpotable Water Agreement
as of Lffecti� e Date first above written.
CITY OF PALM DE�ERT�
�_.� � f � . � -}
ay. ! '����-�.l�e�
.Jan C . Harnik T
Dated
March 9, 2017
r_
1 itle: Mayor
COACHELLA VALLEY WATER DISTRICT
��
By: . -
J. M. ar tt
Dated
��i���
Citle: General Manager
PLI��SC AZ'TACH APPROPRIATE
NO"I'ARIAL CERTIFICATES
Attachments:
L�hibit A: Well Production Metering Agreement
Exhibit I3: California Regional Water Quality Control Board, Colorado River Basin Section,
General Order No. 97-700
I 9732 U001 i.29009075 I j�
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMEPIT CIVIL CODE § 1189
�,�c�r�cr�>s�:r�r.er�r.cr�n:,�,:�,_��,.,.,..� =r,er�,cs�,cs;..,,..u�u� ,cr,ces;��c��rzcc�x�r.�t��:r�.r.�r�s.cr�
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
COUI1ty Of Riverside
On March 14, 2017
Date
personally appeared
before me,
Jan C. Harnik
M. G. Sanchez, Notary Public
Here Insert Name and Title of the Officer
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(� whose nameGa'j is/are
subscribed to the within instrument and acknowledged to me that I�e/she/tFy�y executed the same in
lais/her/�fieir authorized capacity(ieS), and that by �is/her%�eir signature�j on the instrument the perso�},
or the entity upon behalf of which the person(� acted, executed the instrument.
M. G. SANCHEZ
Commission # 2084254
Z:-o Notary Public - California z
: ' � Riverside County D
� My Comm. Expires Oct 29. 201 B�
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws
of the State of Califomia that the foregoing paragraph
is true and correct.
WITNESS my hand and offic' seal.
Signature � � !t- �° �
n ure f Notary F
L/ ;:
L_ �,
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Tltle Of TyPe Of DOCUIII@flt: C35940 Non-Potable Water Agreement - Desert Willow Golf Resort
Document Date: Marcn 9, 20�� Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name: �an c. Harnik
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
C�Other: Mayor
Signer Is Representing: city ot Paim oesert
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
:c�c:�c�,��t.�r:c�t.�.�.�e.�,�c,�c,�rz�u�u�c��.�. � �=t.��r.r�.�u�.�:c.�u�t.nu,�=cx:c,�c.�c.c.^ax.^�=c.^�=c,�-cx=c.�t,^�c.K=c,Fu,�u,hcc.^��c
02016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907
NOTARY ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA)
) ss.
County of Riverside )
On April 19, 2017, before me, M. Yolanda VasQuez, Notary Public, personally appeared
J. M. Barrett, who proved to me on the basis of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledgement to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)
on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed
the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
.. M. YOLANDA VAS�UEZ
: � Commission # 2053463
z;-� Notary Public - California D
z ' • � Riverside County
� My Comm. Expires Dec 26,,2017 �
W.r'a� . 1 1' W 9
(Seal)
COMMISSION NO. 2053463
'1� `• o'�o�,� U O�c► `�1}
M. Yol' da Vas uez, No aryC�Pu i
q �
MY COMMISSION EXPIRES DECEMBER 26, 2017
CAPACITY CLAIMED BY SIGNER: General Manager
SIGNER IS REPRESENTING: Coachella Valley Water District
CONTRACT NO. C35940
EXHIBIT A
WELL PRODUCTION METERING AGREEMENT
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� Required Paz Govarnmeot Code
�. ; - -se�t�on 27383 �ECEIVED
1
" RECORDINC BEQIiE3TSD BY AND
WHEN RECORDED MAIL T0; SEP 1 1999
COACHELLA VALLEY WATER DYSTRIC�i.V.W.D.
Poet Office Hox 1058
Coachella, Cali4ornia 92236
CONTRACT NO. C35940
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(Space above thie line for,flecorder's uae)File 9643.31 - 05SO6EO4B0]�
065 . � O�E04P018
t+IELL tlETLSING AGREF?SENT V' �
�� o �
THIS WELt !lETERIAO AGRE�TT ia made this ��dh of 199 �w
by and betveen COACHELLA VALLEY WATBR DISTRI,����1� public agea ("Dietzict"�and
Dcsert Wil.low Go7.f �6a+:b . �eitoh7�" �t/w • ' ("Producer") .
' � �
-RECITAL5:,
A. Dissrict ie a Cnliiorala•public agency.
Seetion 33118 of the California Water Codn: •
/ , .
organizedr¢ud exieting uader
8. Oietrict hae the power pureusat to Celifornie Watar Code,
Seetioa 31630 - 31636.5 to levy end collect vater repleniehment aeeesamenta from
certein peraone and entitiea extracting groundwater withia ite boundariee and :
juriediction. • •
C. Praducer ie the ower of. or haa an interest in, certain real property
locetad in the CouaLy nf Aiveraida� 8tate of Cellfornie� more particularly
described on Exhibit "A" ettnc6ed hereto sad by thie refereace incorporated
herein. The aforemantioned property shall ba refarrnd to ea the "Real
Psoperty".
D. Producer ie extracting groundWeter from certain Well or uellg
("Wall(e)") locatad within the Dietrict'e boundariee aad juriadictioa. The
Well(a) are more particularly deecribed ao Exhibit "B" attached hernto eed by
thia reference incorporatad herein.
B. The partiee deeife to provide for the maasurement of extractiop of
grounds�ater� the attachment of a Water metering device ("Mstar") ta the Wall(e)
and the os�merehip and mainteuance of the Meter or Metere after iaetallatioa.
NOW� THEREFORE..T@E PARTIES AOREE A9 FOLLOWSs
1. Producez for eood and valuable coaeideratioa, receipt of vMch ia
horeby actcnowledgad. hereby eells, aasigns and tranefere to Dietrict, the Heter
or Metnre attached ta the Well(e) more particulaslq deacribed ia Exhibit "B".
Producer covenante that Producer ie t'he lawfvl•aaanr of the Meter or Matare
ie£erred to in thie Paragteph 1, £ree�fram rightful claime oP othnre� end that
Ptoduear qhall defnnd. at Producer'■ eole coat and expenee� Dietrict�a title to
tho Mater or M�tere against all and every persoa or persoae whomeonver.
' 2. (a) The pnrtiea harato hezeby agren that Producer tatains the right
to make changae or modifications to tha pump and/or pipi.ng connactione to the
Well(s) deacribed in Rxhibit "B"; provided, hovever, prior to meking any euch
chaAge or modiPication Producer hereby sgreae to give District aritten noticn of
Ptoducer�s intention to make euch changes end modificatioae� I4 tha Dietrict
fai�s to ob�ect to euch changaa or modifications on or baforn the thirtieth
(30th) calsnda; day aftar recaipt of vritten aotice then Prodvicer may make thn
cita�gea and uud'lfl.catione listed i7-the vritte:� aotica. Iu the aveat Chat
Diatsict objecta to any chenge as modification li�tad in the vritten noti,ce,
then Dietrict ahall inform Producer o£ the reatoas why such chnngae and
modifieatione cannot be made and the ectione Producer mUet taka prior to receipt
of Dietrict'e approval. In thp event that the £oregoing conditiona are
eatiefied, Producer shall indea�niPy and hold hatmleae Dietrict from eay aoet.
expenae or damnge, ariaing out of or in conn�ction vith oay change os
modification to the pump nnd/or piping connectione.
-.
050604-1-OT�O
050604-3-7�
Metnred Re12e • CVWD-631
Eroduces Funded Page 1 of 4
CONTRACT NO. C35940
.�
i, ;.:,' .' . � � i • �, . �. � •
(b) Producer heraby egr�ne that Producer ehell aot� directly or
indirectly, interfere with or damage eny Meter or bypaee any Mater in nny
feshion vhateoaver or take any actioo which reodere am Meter ineffective for
the purpose of adequately maasusing the extractiou of gro�mdwater from anq Well.
If Producer does any of the forsgoing� then Producer hezeby agseee that Dirtriet
mey install, at Psoducer's eoie coet sad expease� a nasr ot edditional lieter
device to tbe Wnll(e). In the evant that Diotrict electe to inntall a nev ar
additioaal Heter purauant to thie Pnragraph 2, Producer ehall pey the Dietrict
for the nas+ or additianel Meter(e) and the cost of inetallatioo xithin
thitty (30) days of raceipt oE an invoice fsom Dietrict. If tha Producer faile
to pay the aforemantioned amouet within the thirtq (30) day period, Producar
agrnea to pey aaid aum, plus interest at the rate of tuelve perceut (12Z) per
mnnum from the leat day of the thirty (30) daq period to the data of peymant
(pravided. hoWever, in no evant ehnll intereet cherged exceed the maxiaum tate
.allowed by California law). ' '
"' . (e) Ar eecurity for the performance of Producer'e obligations under
thle ParagrapTi 2� Producer hereby irtevocably aeeigne a aecuritq interest in the
new or edditional Mster(e) to Dietrict unt11 paid,
(d) Opon paqmeat in full for the new or edditional Meter(e), Producer
ehall, vpon receipt of written aotice Erom Dietrict, nxeeute a•Bill of 5ele and
any and all £urtber inetrumente that may be reaeoaably requised by Oietrict. In
the event that Producar faile to 0o execute the Bill af 9ale, togathet with such
other inatrumente ae mny be necesiary to effnetuate the intent oP this Agraement
vithin thirty (30) daye after srritten requeet. Praducer heseby autho=lzee and
irravocably appointe Dietrict� ae hie attorney-ia-£act (eaid appoiatmene being
coupled vith an intesest and thuo ackaoWladged bq Producer to be inevocable)
riith full power end euthority to execute any and all iastruments on behalf of .
and in the name of Praducer aa may be neceaeary to effectuate euch inteot.
3. Preducer heteby graate to Dietrict a permaneat, irrevocable naaement
far ingreee apd egreBa irt. on� over� under, acrooa and through the Real
Praparty. The eoeement deocribed herein ehall be ueed by District. and ite
officere, employeeo, �gente. contractare, snd subcantrectoss to inetall, read,
maintain. rnpairy improve and ralocate ths Meter(o) and to perEozm hydsaulic
pump teats or aucb other tasta on tha Well(e) or the•Hetaro ae Dietriat eha11
detarmina ;n ite sole diecretioa. The easemant and all eecondaty eaeements
cantained in thie Paragraph 3 are granted in perpetuity. Ia order to exereiee
the righte lieted in thie Paregraph 3, Dietrict and ite officers. amployene,
ageata, contractora and eubcontractore mey utilize vehinlee and aquipment
reaeonebly aecaseary to occomplieh ths foregoing taeke.
4. Producer, ae a meterial psrt of the conoideratioa to be randered to
Diatrict� hereby vaivee a11 claime againet District For aaq demage or injury to
any property (reel or peseonel) or pareons. including� but not limited to�
Produaer or Producnr'e emploqees, agents� contrnctora, gueate, imiteea, tenastts
or licenseea� arisiitg out of or in conaeceion with the exerciee of the righte to
Dietrict purauaat to thie Agreemeat, whather eaid damagn ar iajurq reeulte from
the direct� indisect or proximete actioae or iaactione o£ Distr�.et exerciriag
ite tighta pureuant to thie Agreement. Producer ehall indemnify and hald
harmlees Dietrict £rom and againet any end all claims arieing fYom or in
coanection t�►ith•the faragoing.
5. This Agreamaat at�d tha covenente contained hntein shall be bindiag
upan and run with the Seal Property and ahall pnee to nnd bs biading upon
Pzoducerfn succaesore entitled to the Heal Property. Eech and evsry contrect,
deed or other instrument hernafter axecuCnd covering.or conveying tha Renl
Property or aay portiou thereof ehall conelueively be held to have been
e�.ecuted, deliversd r.nd aerepted subjecr to tht,s Agreement.
•6. Pzoducar hereby authorizea eech public or privete.electrical utility
and/or company pxoviding electricity to the Real Property and/or aay qell to
provide Dietrict with anq and all information asieing out of or in connection
srith thn Well(s), including, but aot limitad to, pump test data or eleetrical
coaanmption recorde (�'Reearde°). Producer hereby authorises the District to
examine and copy.Yroducer'a Reeorda concerning the Producer�e Well(e). Producer
herebq agrees that the autho=ization provided herein ie permanent and
irr�vocabla. Producer agreeo to exncute any further documenta or coneents
aeceesary to effectunta thia Paragraph 6 xithin tea (10) days after s�rittea
;I I II'�I III'I' II'� II'M III�I IIII II11'I III II�) �'I I'll e�n� ��eeeen
�...... . .._... ... ..__, .__.. ... ,
Hetered�Wnlln � �
Producer Fus�ded
CVF1D-631
Page 2 of 4
CONTRACT NO. C35940
� �„�. .�, � � �� ', ', � � �
..��
' reqadst. In the event that Producer faila to execute such instruments after
writteu requeet, Producer hereby authorizne aad irrenocably appoiate District,
as hia attorney-in-fact (eaid eppoiatment being coupled With qn intereet ard
thns acknowledged bq Producer to be irrevocable) with full power and authority
ta execute eny and all inetrumante on bel�al£ of aad in the nnme of.Praducer ae
may be neceeeary to sffactuate euch ibtent.
7. (a) Ln tha•evont that nctual watar productior from a Well is not
available from any Meter due to anq resaon whateoever, including. without
limitation� malfunetioa. repalr. or replacement� monthly vater production or
portione theseoi from a Wcll may be detarmined ae follm�st (i) through
meaeurement of electrical enargy uaage� (11) con�umpeive uee/evapotranepiration
methode, (iii)•applicable hietorical vater production deta, or (iv) by eny othar
ataadard or reaeonable method or combination of inethade for r+ater production.
(b) In the event that production from a Well ie establiahed bq a
mathod other than s Heter, Dietrict ahall give xrittea notice thereo£, along
vith the emouat of prodaction for the period in queaCion. Anq ench
determiaation mede by the Di�triet ehnll be binding upoa the Producer. unleea
the Producer ehal2 fila within ten.(10) daye after receipt oE auch notice, a
written pxotaet eetting forth the grounde for protaet. ineluding aupporting data
and doc�mentation upon which the protaet i� based. Withia tweaty (20) dny�
after receipt of the proteet from the Producar� District ehall hold a hearing at
Wh3ch tims the eotal aaount ot production ehnll be detenaiaed. Tea (10) daya
prior to the hearing, Dietrict aha7.1 mail to Producer the date and time fixed
for the hearing. At the hearing, Dietrict ehnil henr all evidenca eubmittnd by
the Producer. aither io writing or at the hearing. in detarmining the actssal
amount of productioa for the time pesiod in question. Within tnn (10) dnya
after the hearing, District shall mail to Producer the emouat of production from
the Meter(e) ead the repleaiaiimeat aaseeemeat for tbe period in queetion.
Within tveaty (20) daqe aftar the date of mailing euch notice, Producer ehall
pay Che repleaiahment aeeesemant ao fixed 6y the Dietrict.
8. Withia twenty (20) dnys a£tnr tirritten raqueat, Producar ehall provida
to Diatrict� ite agenta, employeee, officere, contractore and aseigas� at no
expenee to Dietrict, any and all recorde, data, reporte, aad other data relating
. to the Well(e).
9. Producer bareby agreee that the Diet=ict may inetall a Metes ot Hetaxe
to any Well thnt Producer drille or es.ate� or cauaea to bc drilled or creeted
on the Aeal Prop�rty or any othor saal psoperty acquired by Producer aithin tha
Dietrict'a boundasiea and jurisdictioa. Withia tea.(LO) deye after initiation
of the work to drill or create e Well� Producer ahell give vritten notice
thereof to Dietrict, along vith thn eetimatnd date oi complation, Upon
comple.tion o£ the aew Well, Produner hareby_agreea to execute a aArr Nell
i[etering Agrnement.—In the eveat Ehat Producer fails to exacute euch n Well
!letering Agraemaot Withiit ten (10) daye aftnr �rrittan rnqu�et, Producor hereby
authorixes end irrevoca6ly appoints Diatrict. ae his attorney-in-gact (said
nppoiatment beiag covpled with an interaet and thue acknowledge$ by Producer to
be irtevocable) Wibh fnll powex and authority to exscute a nmv Well Metnring
' Agraemant coveriag the new Nell. .
10. The Dietrict ehall, on a monthly basia. mail to Producer n statemeat
of xater pzoductloa in the amount of the repleniahmdnt aseeaemaat or inetallment
due. Producas sekaos�ledgee that eueh repleniehment seeeeament and 1Aetallment
payment are authorized by lsw a�sd tha eervice pravided bq the Diatrict ia the
repleniehment of tha underground vates eupply Which benefita Produaer. 5uch
aeeesement or inet�►llment shall be paid by Producer vithin thirty (30) daye
aftar receipt of the mailed etatament. I£ Producer iaila to pay the
raplaniehment aeeaesment or inatallmenC ahen due, Produeer she,ll be linbin to
District fot intereat at the rata of 1 peraent per month on the delinquent
amount. ,
11. Yroducer hnreby agraee to provide Dietrict vith vxitten notice vithin
. ten (10) daye after Producar hae agsead to aell, give, donate or otherwiae
alienate the Real Property to a third party. Tha writtsa notice ahall include
tha following:
(n) Name and addreae of tha pxopoaed tzaneferee;
(b) Namt of tha fiscrow Company haadling the tr8ueact�oa;
Metered i,�elle j�IINIIIIII��IIIIU�fNIIIII���III�II�II�IIII1 �����e���p CVi1D-631
Producnr Funded •._ .. . . . ..... " _ ... .. .- - -. .. . Page 3 of 4
CONTRACT NO. C35940
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(c) Date o£ cloee of eecsop; ead
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(d) tiame of CiClo company iseuing the tit16 policy.
Produccr hereby authorisee the Dietrict to axamine nnd copy any recorde
concerniag the eale of the Anel Pzoperty.
12. Thn zighte,.dutina and obligstioae deecribnd ia thie Agreement may be
aaeigned or otharwien transferred by District and eny eucceeaor or eesign of
District. Thia Agreement ehall be biading upon and inurn to the benefit of the
auccaasors and aeaigne oE the partina hereto and all partiee acquiring tt�e Aeal
Propesty. ' '
13. No modificatioa. variaace or ameadmant of thia Agreameat ehall ba
effective withaut the t�rittea coneant of all of the partine to this Agreement aE
the ti:me of auch modlficntion� varianen or en£orcement. .
14. 8hould snq party hernto empkoy aa ettorney for the purpoae o!_
erEoraing or coaetzuit►g thie Agrnemnnt� or any judgmeot beaed on thia .
Agreement. aad any legal precendinga t+hateoever, the prnvailiag perty ahall be
eatitled to receive from the �Chsr puty or partiQe thereto reimbvraemsat oP
reaeoaable ooets and attornny�e feea ae detnsmined by a court of competent
jurirdiation or en arbitrator. and euch reimbureement ahnll be included in any
judgment or final order ieeued ia that proceeding.
15. In the eveat that any o£ the terme, conditione oz provieione oE thie
Agreemeat. ase held t'o ba illegal, unenforcenble ot' invalid by any court of
competent jusiediction, Eha lagality, validity aud anforceability of the
remainiag terme, conditioas or provieione ■hall not be a£Factad thnseby,
^ 16. The Weiver by one pnrtq of the petfarmance of auy caveaent, condition
or promise ahall noC invalidate thie Agreemant, nor a6e11 it be considared.ae a
Waiver by ouch parCy of say oeher covenant� coaditioa or pramiee. The delay in
pureuing any remady or in inei�tiag upon full perFormnnce Eor any breach or
iailure of any covanant, condition or promiee, ehell not prevent n p�rty from
lator pureuiag aay ramedlse or.ineieting upoa full periormance for the eame or
aimilar breach os Eailure.
17. Each party hareby agreee to perform any further acte to execute and
dnliver any documeate which may be reaeonably aeceseary to carry oat the
proviaions of shie Agrnement.
18.' All aoticeo, requeato and demends and other co�unicatiane under thie
Agreement ehall be in vritiag and ehali.be deemed to hsve been duly given on the
deta of_aervice if enrved pereoaally_on_tha party to whom notice ie to be given.
or R.iChin three (3) daya after meiling� iE mailed to the pnrty to whom notice ie
to be given. by firot claes mail. regieterad or cartifisd. poetag¢ prepnid� and
properly addreesed to the party at hie hama addraae, or aaq other addroee that
aay party may daeignete bq written notice to the other.
Date � �����
, ,
T6il BtAKE WCRIEy
Co�1nNsJOni llily�
Nofa�VAtren�eC�tr�fy •
�h�bmm. e�.lun �3.1Co�
. ,
(APFIX APPROPEIATE
NOTARIAL ACKNOWLEDGE2�NT3)
naee
PRODOCER:
HY /�' • ` ./c,!?�,w .
By s , ll� ��
.��� �oo �'N�1�. �e ,
(3tree �A re ry�p��V , l��-�• Q /
C� �r.�„�. ` -� Z2 $"3
(City and 21p Code) '
7�6� ��6-1��0
(Teiephone Humber)
COACi�LtA VALLEY WATE$ DISTIiICT
5-10- 9� Hv � 1 �-w-. • �
Tom�vy
� General Manager-Chief Engineer
Metered Wells
Prdducer Punded
CVWD-631
Page 4 of 4
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CONTRACT NO. C35940
�� r.�` Exhibit "A"
Desert Willow C�olf �8 owns or has sn interest in pmperty in Section 4, Tov+mship S
South, Rsnge 6 East, San Bemardino Meridian, in Assessor's Pazcel Numbers 620-400- ,
002 and 620-41 Q-031. •
� Exhibit "B"
State Well Number OSS06E04B01 S
State Well Number OSS06E04PO1S
0
75'S, 140'E, NW CoryNV171j.4, .
1�E 114, Sec.4; T��, R6E, SBM
665'E, 350'N, SW Cor, SE 1/4,
SW 1/4, Sec,4, TSS, R6�, SBM
�
I^I IIIIII II��II IIII) IIIH II�III �I�I I�IIII ��I�II IIII IIII � 1� 9f9 �BBR
CONTRACT NO. C35940
• L; • I
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� • •. •• • •
" STATE OF CALIFORNIA )
� ) ss.
County of Riverside )
On May 10� 1949, before me, Grace Barragan� Notarq Public, personally
apgearedTom Levy----------------------------------------------------,
(X) persanallq known to me
() proved to me on the basis
of satisfactory evidence
to ba the pereon whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity� and
that by his signature on the instrumeat the person, or the entity upon behalf of
which the persost acted. executed the instrument.
WITNES5 my hand and official seal.
' GRACEBARRAGAN
Comm�ssloFl� 11b70b7
'� ro • Notory Pubiic — Califomlc �y
� ' � Y Rlverside County
My Com m. Expir�es Jon 28, 2002
��� �� . , �� ,� ,� �
�.C. � aL%�
race Barragan,�ot�a�y Public in
and for said County and State
CAPACITY CLAIMED BY SIGNER:
( ) Individual(s)
( ) Partner(s)
( ) Trustee(s)
(Xj Corporate
Officer General Maaager-Chief Enttfneer
Title
( ) Attorney-In-Fact
( ) Subscribing Witness
( ) GuardianJConservator
( ) �Other:
SIGNER IS REPRESENTING:
Name of Entity: Coachella Vallev Water District
OPTIONAL SECTION
Title or type of Document: We13 Metering Agreement with Desert Willow Golf
Club. '
Nvmber of Pages: 4 with attachmente Date of Documente April Z3., 1999.
I I II�II I�IIII IIIII 11'll III�'I II�I IIIIII (II III�I III� IIII e�i 8�es s2es�eeR
of e
CONTRACT NO. C35940
. , �
• ��CALIFORNIA ALL•PU�� ACKNOWLEDGMENT �
State of
�G��i �'arn io� I� ����f� ������ ����� ����� (�fl� �1�� (����� ��� ����� ���I ��� e»399 � 80eeaA
�ounty ot �t uer�id�
On ��G%'!.[. � 7�� 19g9 before me, ���• /",��Q I�L ��!!l.k��G/ ,
o.�. Nemo uw �lue al OMleer (e,p., VuN 000� No1ary Publlt� f
personaily appeared �� �r�� �nd ��a�n��� '
�ersonaily known to me - OR -❑ proved to me on ihe basis of satisfactory evidence to be the person(s)
whose name�( is/�6'subscrlbed to the within instrument
and acknowledged to me that hel�l� executed the
same in his/f�f/�ir authorized capaciry �,6j, and thet by
iFRi etaKE-eUCKIEY ' hfs/Fj�lt�r signaturef�Q on the instrumeni the personj�
�� �,���q� or the entity upon behalf of which the personj,i�ac�ed,
� Notoypubtic.Ccnforrd�, • executed the instrument.
Ri�fda
"� , �"h��"^•��n�3,2o0�� WITNESS my hand and oificiai seai.
� ��
61pn�iwo pl Notary �
OPTIONAL
Though fhe lnforme8on below !a not•requlred 6y /aw, Jt may prove valua6le to persons relying on Ihe document and could prevent
Naudulenf remavel and reettachment ol thls loim fo enofher documenf.
Description of Attached Document
Tftle or7ype ot Document: W Er-(. ILiE�i��ll��► A(o�EEtitEN7' W i�'@ ��1"
/� W!4'!oW t�L� 1�'S�I
Document Date: /'lP�/ l� Z3, ���Cl Number of Pages: �
Signer(s) Other Than Named Above:
Capacity(ie�) Claimed by Si ner{sj
Signe�'s Name: W- �7 r d�-1� ll���
� �
O individual �
�Corporat Officer
Titie(s): �° L • /'r
D Partner — � Limited O Gene i w�p� 1�
❑ Attomey-in-Faot
❑ Trustee
❑ Guardian or Consewator �
O OihAi: Top d Ihumb hore
Signer Is Represenang:
!J .
rt• �
. � LZ'�y's �
�� � '��^(�''� �4
� {' ,"� � :`'': '' ' +
tir.
�41;.�, � �:
��.
Signer's Name:
O individual
D Corporate Officer
Tiile(s):
D Partner — O Limited O Generai
❑ Attomey-in-Fact
O Trustee �
❑ Guardian or Consenrator ' ' �
❑ Qth@�: Top of Ihumb here
Signer is RepresenHng:
O 1Y95 NUiaul Noury /Wociallm� � E230 Rammq Avo, P.O. Box 71E1 • Canop� Puk, CA p130D�1t04 Pmd. No. 6907 Readar. Call To&Fne 1�BOD�B7E•8E27
CONTRACT NO. C35940
y L • 1
, , Recording requested �an
. � - ' when recorded return to:
Coachella Valley Water District
Post Of�ice Box 1058
Coach�lla, Califomia 92236
RESOLUTION
� •
It was moved by Director Codekas, seconded by Director Frost, and carried unanimously
tttat Bernardine Sutton, Secretary of this Board, be and she is hereby authorized, on behalf of
COACHELLA VALLEY WATER DISTRICT, to accept and consent to the recordation of all
deeds or other written instruments in favor of the District, or which may be necessary or
convenient to establish the record title of the Disfict to real property, and that the Secretary is
directed to make a monthly report to said Board, itemizing all such instruments accepted by
her.
STATE OF CALIFORNIA )
COACHELLA VALLEY WATER DISTRTCT ) ss,
OFFiCE OF TI� SECRETARY )
I, BERNARDINE SUTTON, Secretary of the Board of Directors of the Coachella Valley
Water District, DO HEREBY CF.RTTFY that the foregoing is a true copy�of a resolution
adopted by said Hoard at a regular meeting thereof duly held and convened at its office at
Coachella, California, on the 13th day of March, 1979, at which meeting aIl Directors were
present and acting throughovt.
__ I further certify thai by authority of said Resotution I accept and consent to the recording of
the aitached wall metaring agreement, executed by Tom Levy, �eneral rnanager-chief
engineer, Coachella ValIey Water District, and Gregg W. Lindquist, general manager, Desert
Willow Golf Resort, dated June 23,1999, conveying a portion of the northeast quarter and the
southwest quarter of section 4, township 5 south, range 6 east, San Bernardino Meridian, for
water conservation purposes.
Dated this 25th da}► of 7une, 1999.
��.c��--
� Secretary
(SEAL)
`
sas:rylrcrd�99jjw,ldacwl�w
� I I��III II�I� IIIII Il�l� �II�I I�II �I�I I�I II�II IIII I��I 97/ � 8 of9 8�98R
CONTRACT NO. C35940
EXHIBIT B
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
COLORADO RIVERS BASIN SECTION
GENERAL ORDER NO. 97-700
CONTRACT NO. C35940
CALIfORNIA REGtONAL WATER DUALITY CONTROL BOARD
COLORA00 RIVER BASIN REGION
ORDER NO. 97•700
GENERAL WASTE DISCHARGE RE�UIREMENTS
FOR
DISCHARGE OF RECYClEO WATER
FOR GOLF COURSE AND IANDSCAPE IRRIGATION
The Cal�forn�a Regional Water �uality Controt Board, Colorado R�ver Bas�n Region, finds that:
Section 13260 !a) of the Cal�fo�nia Water Code requires that any person discharging waste or
proposing to d�scharge waste with�n any region, other than to a community sewer system, that
could affect the Quatity of waters ot the state, shatt Iite a �eport of waste discharge (ROWD).
2. Section 13512 of the Catiforn�a Water Code states, it is the intention of the �egislature that the
state undertake alt possible steps to encourage deveiopment of recycted water tacilities, so
recycled water may be made availabte to meet the g�owing water requirements of the state.
3. Th�s Order serve as a region-w�de General Permit tor discharge of tertiary treated municipal
wastewater (hereinaher recycted water) for use in gotf course and landscape irrigation.
Adoption of this General Permit wilt streamline the permitting process and shoutd encourage
recycled water usage. �
4. Each discharger of recycled water covered by this General O�der shatl submit an annuat tee, and
an apptication fee equal to the fi�st annuat tee, pursuant to Section 13260, California Water
Code. The amount of che fee is currently determined by the type of OrCer issued the threat to
water quality and the comptexity of the discharge as detaited in Section 2200, Chapter 9,
Div�s�on 3, T�tle 23, California Code of Regulations. Recycted water use projeccs would generally
be rated as Non-Chapter 15 waste d�scharge requirements with a'lll' threat to wate► quality,
and a'C' comptexity rating. Individual ratings may diifer, based on the characceristics of the
project.
5. To obtain coveraga under this General Order, a complete Notice of Intent (NOI) (Attachment 'A'
incorporated herein and made a part oi this Order) must be submitted with an appropriate fee.
Users who submit a duly tilled NOI , an appropriate filing fee, and meet the requirements of this
permit, witl be conditionally authori=ed to use tertiary reclsimed water fo� Isndscaping and golf
course ir�iyation. A separate NOI must be tiled for esch facility.
6. The Regional Board may at its discretion issue individual waste discharge requirements, or
prohibit discharge of recycled water when such sctions are deemed appropriate. Upon issuance
of individual waste discharge reQuirements or prohibition orders, discharge ot recycled water
under this General Order is not appticable.
7. This General Order is not appticabte to producers for p�oducersldischargers) of secondary or
tertiary recycled wate�, who are currentty required to obtain individual waste discharge
requirements for discharge oi recycled water. This General Order does not apply to persons
engaged solety in distribution oi recycled wate�.
CONTRACT NO. C35940
8. On �ebruary 20, 1996, a Memo�andum of Agreement IMOA) was executed between the
Cat�forn�a Oepartment of Health Serv�ces IDHS) and the State Water Resources Control Boa�d
ISWRCB), on behali oi the SWRCB and the rnne Cal�forrna Regional Water �uality Control Boards
(AWQCBsI. The OHS �s the pr�mary agency respons�ble for protection ot pubt�c health and the
regulat�on of dr�nk�ng water. The SWRCB and RW�CBs are pr�mary state agenc�es author�zed
w�th the protect�on of wate► quai�ty a�d the ass�gnment of water r�ghts �n the state. The MOA
�s �ntended to assure that the author�ty of these agenaes �s exerc�sed �n a coordinated manner.
9. For the protect�on of publ�c health, the DHS has promu�gated regulat�ons related to usage of
recycted water. These regulations are outlined �n Section 60301, Chapter 2, Division 4, Title 22;
and Group 4, Chapter 5, Div�sion 1, Tit1e 1 7; California CoCe ot Regulations, et. seQ. lhere�nafter
DHS regulationsl.
10. The Regional Board considers the DHS, or the�r duly appo�nted agent, to be respons�ble for
determ�ning compliance w�th the DHS regulations, �nclud�ng, but not limited to, reqwrements
tisted under the 'Heatth-6ased Prov�sions' of this General Order.
1 1. Only facitities which tall in the following categories are eligible to d�scharge recycted water under
tn�s Generat Board Order:
a. In accordance with Section 15301, Chapter 3, Title 14 of the Calitornia Code of Regu�ations,
the ;ssuance of these waste d�scharge requ�rements, which govern the operation of an
ex�st�ng facility involving negtigibte or no expans�on of use beyond that previously existing,
is exempt from the provisions of the California Environmental �uality Act (Public Resources
Code, Section 21000 et.seq.1.
b. A Negative Declaration or another environmental document, satisfying the requirements of
the California Environmental �uatity Act (CE�A1, and assessing the cumutative impacts of
General Permit Board Order No. 97-700, has been approved for the proposed project.
12. The Water Quality Controt Plan for the Colorado River Basin Region of California 18asin Plan) was
adopted on November 17, 1993 and designates the beneficiat uses of ground and surface waters
in th�s Region.
13. The beneficial uses of ground waters �n the Colorado River Basin Reg�on are:
a. Agriculturat Supply (AGR)
b. Industrial Supply (IND)
c. Municipat Supply IMUN)
Benefici�l uses oi groundwater in individual hydrologic units are listed in the Basin Plan.
14. Be�eficial uses of surface waters in the Colorado River Basin Region are:
a. Agricultural Supply IAGR)
b. Aquaculture (AQUA)
c. Fresh Water Replenishment (FRSH)
d. Ground Water Recharge IGWRI
e. Industriat Service Supply (IND)
f. Municipal Supply IMUN)
g. Hydropower Generation (POW)
h. Preservation of Rare, Endangered or Threatened Species IRARE)
CONTRACT NO. C35940
�. Water Contact Recreation IREC tl
�. Water Contact Recreat�on IREC 111
k. Warm Wate� Hab�tat 4WARM1
I. W�Idlrfe Hab�tat (WI�D)
Benef�c�al uses of �nd�v�dua� su�face wate�s are I�sted �n the Bas�n Plan.
15. The Board has not+i�ed the user and all known �nteres�ed agenc�es a�d persons of �ts �ntent to
prescr�be waste d�scharge requ��ements for sa�d d�scharge and has prov�ded them w�th an
opporturnty for a pubtic meet�ng and an opportunity to submit comments.
16. The Board in a publ�c meeting heard and cons�dered all comments pertaining to th�s d�scharge.
IT IS HEREBY ORDERED, that �n order to meet the prov�s�ons conca�ned �n Division ? ot the Caliiorn�a Water
Code and regu�at�ons adopteG thereunder, the user Shall comply w�th the fottowi�g:
A. Prphibitions
1. The intentional discharge oi �ecycleC water to land not owned or tontrolted by the discharger
�s proh�b�ted.
2. There shall be no application of recycted water within 50 feet, and storage ot recycted water
w+thin 100 teet ot a domestic wett, unless approved otherwise by the OHS .
3. The use of recycled water shatl not cause the degradation oi ground wace� used tor domestic
purposes or cause any change in water quality parameters which would make the wate�
unsuitable for beneficial uses as described in the Basin Plan or the Safe Orinking Water and Toxic
Entorcement Act.
6. Spec�fications
1. Use of recycled water shall noc cause pollut�on or nu�sance as detined in Sect�on 13050 Ot
Div�s�on 7 of the Catifornia Water Code.
2. Onty tertiary treated wastewater as defined by Seccion 60313(bl, Article 4, Chapter 3, O�v�s�on
4, Title 22 of the California Ccde of Regulat�ons shalt be accepted and used by the facil�ty as
recycted water.
3. The�e shalt be no direct or indirect discha�ge ot �ecyGed water into any on-site domestic or
irrigation supply wells, as a result of recycled wastewater storage o� discharge.
4. Recycted water fo� discharge shall be procured unde� s written agreement between the
discharger and producer oi the water. A copy of this agreement shall be fu�nished to the
Regionat Board and DHS withi� 90 days ot obtaini�g this permit.
5. The discharger shall not discharge recycled water in excess oi the design capacity of the system.
tn case of an emergency, the Regional Board shall be duly notified and authority for any such
discharge shatl be obtained in writing irom the Regionat 8oard's Executive Officer.
�
CONTRACT NO. C35940
C. Prov�s�ons
The d�scharger sha►i comply w�th "Morntor�ng and Report�ng Program No. 97-700", and fu�ure
rev�s�ons thereto, as spec�fied by the Reg�onal 8oard's Execut�ve Ofi�cer.
2. The d�scha�ger �s the respons�ble party �or compl�ance w�th these waste d�scharge requ�rements.
and thg mon�tor�ng and repo�t�ng program (or the fac��ity. The d�sCharger shail comply w�th all
cond�t�ons of these waste d�scharge requ�rements. V�olat�ons rt:ay result �n enfprcement act�ons,
�nclud�ng Reg�onal Board Orders or court orde�s, �equ�r�ng corrective action or �mpos�ng civ�t
monetary Iiab�l�ty, or �n modificat�on or �evocat�o� ot these waste discharge requirements by the
Regionat 8oard.
The discharger sha�l des�gnate an on-s�te supervisor respons�b�e for operation of the recycled
water system. The s�pervisor shall be responsible tor the �nstalla'.ion, operation and maintenance
ot the ��rigation system. �mplementat�on of this Gene�al Order, prevencion ot potent�at hazards,
ma�ntenance of the C�stribution system plans �n "as•bu�lt' form, and for the distribution of the
recycled water in acco�dance w�th th�s General Order. The name of the on-site supervisor shall
be furn�shed �n wr�t�ng to the Reg�onal 6oard at least 30 days prior to commencement of
d�scharge ot recycted water.
4. The d�scharger sha11 report any sp�ll �ncident wh�ch endangers human health o� the environment
to the Ca��torn�a Office ot Emergency Serv�ces at 1•800-852-7550 and the Regional Water
Quatity Control Board at 780-346-7491. During non-bus�ness hours, the discharger shalt teave
a message on the Reg�onat Soard's message machine which is ava;labte at the above Iisted
number_ Incident informat�on shall be provided orally as soon as possibte and w,thin 24 hours
from the t�me the discharger becomes aware ot the �ncident. A written submission shatt also be
provided to the Regional Board within five business days oi the time the discharger becomes
aware of the c�rcumstances.
The wntten submission shalt contain;
a. A description of the noncompl�ance and �ts ca�se;
b. The period of noncompl�ance �ncluding exact Cates and t�mes and �f the noncompt�ance has
not bee� ce��ected, the expected time it +s ezpected to continue; and
c. Steps taken or planned to reduce, elim�nate and prevent recurrence of noncomptiance.
5. The dis �harger shall ensure that aH site operating pe�sonnel are tamitiar with the content of this
Gene�a! O�der, and shall maintai� a copy of this Gene�al O�de� at the site. Pe�sonnel must be
intormed that recycled water is meant for irrigation and tandscaping purposes only, and is not
approved fo� drinking, hand washing, etc. Personnel must slso be info�med of the Iocations
of domestic and recycled lines to ensure that the potable and �ecycled systems are not
interconnected. —
6. The discharger shatl assure that notification ot discharge ot recycted water is provided to peopte
who reside adjacent to irrigation reuse areas and to goli course patrons. The content of the
notice and method of notification sha11 be approved by the Reyional Board's Executive Ofiicer
and OHS. The pubtic shaN be notiiied at least 30 days prior to commencement oi golf course
irrigac�on or landscaping with recycled wate�. Existing dischargers, whose individual waste
discharge �equirements are replaced w�th th�s General Order are exempt irom this provision.
: . � . � P• � . ���.. :r .° � • ' � • + • ... 'i •
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CONTRACT NO. C35940
7. The d�scharger shall at atl t�mes properly operate and ma�nta�n atl fac�t�ties and systems of
treatment and control (and related appurtenancesl, wh�ch are �nstalled or used by the user to
ach�eve compl�ance w�th cond�t�ons of th�s General Order.
8. The d�scharge� shall comply w�th all of the cond�t�ons of th�s Board Order. Noncompl�ance w�th
th�s General Orde� �s cons�dered to be a v�oiat�on of the Porter-Co�ogne Water �ual�ty Control Act
and may �nvolve v�o�at�on of Reclamat�on Cr�ter�a promulgated by OHS �n T�tle 22, Cal��o�rna Code
of Regulat�ons and �s cons�dered grounds for entorcement act�on.
9. The d�scharger shall altow the Reg�onal Board, the DHS, or an author�Zed representat�ve, upon
p�esentation of credentiats and other documents as may be required by law, to:
a. Enter upon the premises regulated by th�s General Order, or the place where records must
be kept under the cond�t�ons of th�s General Order;
b. Have access to a�d copy, at reasonable times, any reco�ds that shall be kept under the
cond�t�ons of th�s Generat Order;
c. Inspect at reasonab►e times any fac�l�t�es, equ�pment (inctuding monitoring and control
equipmentl, practices, or operat�ons regulated or reqwred under this General Order; and
d. Sample or mon�tor at reasonable times, and wh�te escorted by the dischargers' representative
for the purpose of assuring comptiance with this 8oard Order or as otherwise authori2ed by
the Catifornia Water Code any substances or parameters at this tocation.
10. Prior to any mod�f�cat�ons �n th�s fac�lity wh�ch would result �n material change in the qual�ty or
quantity of recycled water discharged, or any materiat change in the location of discharge, the
user shall report atl pert�nent information in writing to the Regional Board and DHS and obtain
revised requirements before any modiiications are imptemented.
1 1. Prior to any change in ownership or management of this operation, the user shalt transmit a copy
of th�s General Order to the succeeding owner'operator, and forward a copy of the transmittal
letter to the Reg�onal Board. The new owner'operator must file a NOI with the Reg�onal 8oard.
12. This General Order does not authorize violation of any federal, state, or locat taws or regutations.
13. The user shalt turnish, under penatty of per�ury, technicat monitoring program reports, and such
reports shall be submitted in accordance with the specitications prepared by the Regionat Board's
Executive ONice�. Such specifications are subject to pe�iodic revisions as may be warranted.
14. The user shall retain �ecorda of all monitoring information includiny atl Calibration and
maintenance �ecords, copies of all reports required by this General Order, and records oi atl data
used to complete the application for this Gene�al Order. Records shaH be maintained for a
minimum of three years from the date of the sample, measurement, or report. This period may
— be extended during the course of any unresolved titigation regarding this discharge or when
requested by the Regionat Board's Executive Officer.
5
CONTRACT NO. C35940
p. Health Based Prov�s�ons
1. There shall be no-c►oss connect�on between potable water supply and p�p�ng conta�ning recycled
water. Supplement�ng recycled water with water used for domest�c supply shall not be allowed
ezcept w�th an a��•gap separat�on. An a�r-gap or reduced pressu�e pr�nc�ple dewce shall be
O�ov�Ged at a11 domest�c wate► se�v�Ce Connect�ons to recycied water use areas.
2. The d�scha�ger shall prov�de documentat�on to ensure that there �s no �nterconnect�on between
the potable and recycled water systems. D�schargers w�th both potable and �rr�gat�on water
delivered to the s�te shalt ensure that a cross-connect�on test �s completed prior to delivery of
recYcled water to the s�te. A cross•connect�on controt test, mutually agreeable to the perm�ttee
and OHS shall be conducted at teast once every tou� years. Ex+st�ng users shatl conduct a
cross•connection test with�n a time irame acceptabie to DHS. The tests shali be conducted by
an Amer�can Waterworks Assoc�at�on IAWWA) certified Cross-ConneCt�on control program
spec�al�st or eduivalent. Pr�or to conduct�ng the test the user shall not�fy the OHS and County
Oepartment of Hea►th Serv�ces. Results of the cross-connection test shall be subm�tted to the
Reg�o�al Board, DHS and Cou�cy Departme�c ot Heaith Serv+ces w�th�n 30 days ot complet�on.
3. The user shall subm�t the "as bu�lt" plans and spec�f�cations showing the domestic and irngat�on
systems; the location of at1 potable and recycted water connect�ons; and tocations of atl on-s�te
and nearby wetls to �NS. These plans shatl be submitted w�thin a time frame acceptable to
DHS. Within 30 days ot the issuance o( th�s permit, exist�ng facilities w�thout 'as bu�lt' plans
shalt co�tact DHS for gu�dance.
4. Adequate measures shatt be taken to m�rnm�ze public contact with recycled wate�. Ciea►►y
visible, adequately sized warn�ng s�gns shalt be posted in sufficient numbers around the
appticat�on and storage areas. The size a�d number ot warning signs shalt be mutually
determ�ned by the d�scharger and DHS.
5. Prior to eonstruction of new facitities p�ann�ng to discharge recycted water, the discharger shalt
submit the des+gn drawings to the OHS, tield operations branch, for approval. The Gischarger
shall, at a maximum, altow the State Department ot Hea�th Servtces a 30-day comment per�od
for completed des�gns subm�tted. If comments are not received by the d�scharger from the State
Department of Heath Services within that 30-day period, then no response w�tl be deemed as "no
comment' and the d�scharger wilt be able to beg�n construction.
6. Golt course pump houses utilizi�g recycled water shalt be appropriately tagged with warning
signs with proper wording of sufficient size to warn the pubtic that recycled water is not safe for
drinking. All new a�d replacement at grade valve boxes shatt be purpte or appropriately tagged
fo� water �euse purposes.
7. The use of recycled water shall be in co�torma�ce with the reclamation criteria contained in Titte
22 ot the Califo�nia Code oI Regutat;ons, or amendments thereto.
8. Recycled water shalt not be applied in a manner o� at a location where it coutd come in contact
with drinking water fountains, food handling, tood storag+ o► dining areas.
9. There shall be at teast a 4-foot horizontal and 1•foot vertical separation Iwith domestic water
above the reCycted water pipeline) between atl newty instatled constant pressure pipetines
transporting domestic water and those transporting recycled water. All newly installed recycled
water distribution tines shatt be colored purple or tabeled w,th purple tape. Existing pipelines are
excluded trom this requi�ement.
6
CONTRACT NO. C35940
10. Irr�gated areas shall be properly managed to m�rnm�ze pond�ng.
11. Recycled water shall not be used as domest�c supp�y water or �ntent�onatly used as an�mat
water supp�Y•
I, Ph�l�p A G►ue�be►g, Execut�ve Oft�ce►. do nereby cert�fy ihe to�ego�ng �s a �uii, true and correct copy ot
an Order adopted by the Ca��forn�a Reg�onal Water �ua��ty Control 6oa�d, Colorado R�ver 8as�n Re9�on, on
,lune 25. 1997.
�
E ecut�ve Ofticer
CONTRACT NO. C35940
CALIFORNIA REGIONAI WATER DUALITY CONTROL 80AR0
COLORA00 RIVER BASIN REGION
MONITORING ANO REPGiiTING PROGRAM NO 9)-700
FOA
GENEAAL tivASTE O�SCHARGE RE�uiAEMENTS FOR
DiSCNARGE OF RECVCLEO WATER
FOR GOLF COURSE AND LANDSCAPE IRAIGATION
locat�on ot O�sc►+arge. Co�orado R�ver Bas�n Reg�on IReg�on 7i
REPORTING
t Report �mmed�ately any fa�lu�e whiCh enCa�ge�s h�man health ar the env�ronment to tne
Ca��torn�a Oit�ce ot Emeraencv Serv�ces at t•800-852•)550 and tr.e Reg�onal Water �uai�ty
Control Board at 760-346-7491 . Dur�ng non•bus�ness hours, the d�scharger shall leave a -
message on cr+e Rey�o�al Board's message macn�ne wn�ch �s ava�Iable at the above I�sted
number. A wr�rten subm�ss+on shall be prov�ded to the Reg�onal Board w�th�n f�ve bus�ness days
ot the d�scharger becom�ng a•�are of tne u►cumsta�ces. '
2. A Culy author�zed representat�ve of the d�scharger may s�gn the Cocuments if:
a. The author�zat�on �s made �n writ�ng by the person descr�bed above;
b. The authorixat�on spec�fied an individual or person hav�ng responsib�l�ty for the overall
operat�on ot the regulateC d�sposal system; and
c. The wnttan author�zation is submitted to the Regio�al Board's Executive Officer.
3. Each monitoring report shall contain the following statement:
'I Geclare unCer the penalty of law that I have personally ezamined and am fam�liar w�th the
�niormat�on subm�tted �n th�s document, and that based on my �nquiry of those ind�v�duals
�mmed�acely respons�ble tor obta�ning the iniormat�on. I bel�eve that the information is true,
accurate, and completn. 1 am aware that there are significant penalties for submitting false
�nformation, including the possibility ot a fine and imprisonment for knowing violations.'
O�de�ed by. �
Executive Ottiur
June 25. 1997
Dste
i
� CAIIFORN EGION/1l WATEA OUALITY CONTROICOI�aR�ACT NO. C35940
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GENERAL WASTE OISCHARGE REQUIREMENTS FOR
DISCHARGE OF RECYCIED WATER
FOR GOLF COURSE ANO LANOSCAPE IF;RIGATION
Colorado River Basin Region
Region - 7
o-�•�' �-�+A• ��., 07 �n�
' . • : . . .� . . . .
CONTRACT NO. C35940
INSTRUC710NS
FOR COMPLETING TNE NOTICE OF INTENT (NOI)
T1�ese �nstruclbns are fntendcd !o �e�p rou, Ihe d�scharger, oomplcie p�,� NOI fortn la Gene�al Wasle
p�schar4e ReQuuements fo� use o( Recyded Waler on Qolf oou�es ar+d 'n �ardscapin9.
Al Ihe top of the form, p�ease �nC�cate d this is a frst Gme coverage uMer U,�s General peRni� a re9�laled
taut�y; or change of informaGon !or a fauT y already cavered under th;s General Perm�UGeneral WOR tf 1�is
+s a reg��ated faabty', please suppy lhe eleven �git W010 numDer tor a,e �ac,liy.
Sectlon 1- Owner/Ooerator
Sect�on /l
t. Name - The rtame (t�rst ar+�d tast) o� t�e ownerJoperator o1 �,e EauT�y. �1 Ihe cmr,�Nape,ata 4 i
company, corporation, elc , tr►en put the name of tl�e oompa,�y, c�pora!'�on, etc., in tt�is spaoe,
Please print caearf�l.
2 Maiiin� Address - The sbeet number and street name whene ma3 and c�orrespo�denoe should be
sent (P.O. Box is aooeptable)
�. Clty� Stats, and Ztp Cod� - The c�ty, stale, and zip cade that apQy to the maTny address 91ve�
4. Telephons - Oayl;me telephone number ot 1?�e owner/operalor.
SecGon 8.
Contact Person - P�ease fat Ihe name (firs! anO lasl) d 11�e contad person lor Ihe owner/operalor
(agenry, corporalion, pr'rvale bus'u�ess, elc.) fisted above.
2 Please cl�eck tt►e boxes b tl�e ri�h! d'Contad Pefson' b i�?cale wf�eft�er I�e name �iven n
sectlott '/l' �s Q�e awxt. eP'erater. or bo� fhe awr�er and Q�e operalor.
�. Additlonal Own�rs - Ptease checic the Dox 1( lhere a mae than o�e owr�erloperator, p�uvi�e �
ad4ilio�a� informa6on in a wpplementary fette� aOC�essea b O�e Coloracb ttiver Basin Re�for+al
Water �uat�y Co�6rd Board as part o( IA1s NOI. �
Ssctlon q - F�cilltv Infonnstiof�
1. N�me o! FaCility • The name of Ihe facaTity �at a requesb� oo,rerage t� �;� ��y
Pe�m�llGeneral WOR
2. Mailln� Address o/ FacTity - The sfreet number and slteet �rne where tl�e taWhy ��t�
(P.O. 8oic is ruo aooe�tabk�
Ctty� State, ond Zlp Codt • The c7�y, slate� and zip code Ihat appty to O�e fac�ry address �1veR
Telephon� - The telephone numper of Q►e fac�7�ry.
Stctlon Ilt • BIIM Ad
.,
CONTRACT NO. C3594Q
Send To: - Ptease d:ec� t1�e appropriale box. If b�n�r►9 shoub be seM to we XxoQerty owner, ptcase er.::r
the inlormaU�on lo C�e right o� d A is C�tterent Irom �,e info�maGon 9�ven above. It 11�e E�!►;n9 st+oub
Oe sent to so�newf�era a somcone e�se, ptease check the box btle4 'OTNER' anG fiA in It�e
�nformation on the nght
2. Nama - The name (Rrsl a�+C �as1) of Ihe person who w+11 pe respons�b:e fo� tJtie aling
Maillnfl Address • it�►e sVeet number and streel name whcre the b�n�ng should be senl
(P.O. Boz is aooeptaWe)
Clty, Slate, �nd ilp Cod� - The uty, slate, and i�p coQe tT�at appy lo the ma�Gng adQress given.
Sectton N - Verificil(o�
Ptease fitl in whet�er or no1 a venf�catio� has been made to Qetertnine A tt�e Q�scharger(s) are in comp��anoe
w;lh proh�b�tions or orders o( the Cobrado River Bas�n Regbnal Water Qua�Ry CorNrd Board. Checic It�e
space markeC 'Yes' or 'No'.
Sectlon V- OescrlQllon oi Dfsch�r�•
Prov+de requested ir►fortna6on.
Sectlon V1- Ce�tiflcatlon
Printed Name - Ptease lefter you� name IegiDty. Th�s section sAouid be flied out pr the perso�
responsble accord�nQ lo Section IA of Ariachmenl A
2. Slgnature and D�ts - Signah,re ol name prinle0 above, an0 lhe dale signed.
3. Titl� - The professanal Ltle ot the person sl�nln9lhe NOI.
Sectlon VII - Other Infortn�tlon Reaulrad
Provide reQuested intama6on.
hl i�.�.i ��n��� � n
�� CONTRACT NO. C359
� State of CaiAomta
c,o�oMao wv�a s,asur �c�owti w��a cw�nY corrnea eo�v+b
• NOTICE Of ttiTEMT
CRiIEPA TO COMPIY 1MTH T14E TERI�AS OF GENER�IL WI�STE G15CW1ftCE REQIAR£JAENTS fOR USf OF
RECYCIE� WATER FOfi GOIf CA�fIaSE • UWOSC.I�E iiRlG11T10N
1. � Hrw C�scT��y� a Es�tk+Q Uroepubte0 Ond�arp�
?. E�aGnp ReyulaleC OestJ'.��q� • WOIO �
3. � C1+arpe ol Owr+eR�p�Oper�la InfonnaLon • WOiO /
1. OWNER/OPERATOR
/l Nam�
Mad�ny AcfCress
Cip
Stsl� Z�p Cod�
Tekpl�ey
s. c«+lsa Persa�
r��.
aAQQ��'ionsl Owr+ea • r �dQ�ional ow++e�slopeMas �re i+votred. y�ovl0e t?+e inforn�un on � separsl� plew dpapv.
11. FACILITY INFORMATION
/� Nart+� Tekprwry
Matmp A6Qross ol Fau7� SUest Addross o1 faca�r
�y � StaU I c9 t.ow C�I►
pl. BilliNG �1DDRESS �
SENO TO: � �
QO'WNEN/OPERATOIt �,�y� Addresa
(E1fT[R KORMAflOMJ1 bGR
� �M � $ Goa
OMItF OFtE�ExT tI�OrMOVC�
aDii�R ' ' � ${i1� %(�r0� •
�NTEII 1f OAM��TtON AT R�CJI�)
REGIONAL BOARO USE ONLY
- yyplp, Re�to�+ai Board Ofl� �sts MOI Receivr0: Ua4 NW Yrocsssed
�� i� I I 1 I�.� I--- �
- -- � r "Ntia�i4,�� L�..'.'� � ~ _ .��. �� � Fes M+ouM Reaei++i C�+edi t.
e
CONTRACT NO. C35940
�Nave you co�tacted lhe RW�CB or olherwlse ve�fkd ihat It�e p�oposcd discM�e vn� not v1�ot�te p,ot��n� a�
o�de�s of the RWQCA� YES NO
V. OESCRIPTION OF D�SCHARGE
Oescr�be the proposed d�scharge(s)
Prov�de the Foilowing Inlormation:
Vo�ume of Discharge (gattons): Maximum: Avera9e:
M�nimum:
�istance to Nearest Waler We4�
N. CERTIFICATI4N
'i certify unQer penalty oi taw that Ihis document and al atla�chmenLs wer+e prep,ared urxler my d'rec6on yb
supervis'an in aoo�ordance w9th a syslem desgneO b assure �at quafified petaonnet prope�ty 9a�,� and ev�,a1� �
informatio� submMed. 8ased or► my tnQuiry ol U�e person or persons wfw manage �e sy:tenti or l�ose pe,•,,o�
d�rec0y responsbie fvr flatherirg tl�e informat;o�. tAe infama6on suDmiitled is b the b�est of my knotivkdQe and be��
trve, aoa,,rate. ana eompteb. 1 am awars O�at tl�ere are signficaM penalties for submit5rg false hiormaC�c,r�
hdu�n9 the possbTty ol tine and imprisorunent' In additio� t certi(y �►at tt�e prov�sbns ot !he Permit hcidr� Q�s
a�ltera for efgb�l'�ty, w�11 be camp6ed w,'tl�
P�inted Nams:
Signature:
T�tb:
Vli. OTHER INFORAMTION REQUIREO
Oate:
�
8 X' x 1�� maps up to a scate of 1•2�000'are suggesled unless Ihe (aclity and d�sposal ar�a are too Wrge ��
a scak to be pracC�cal, � which case of up to 1:141000 may be used. If a scab ol 1:144000 is soll imprac6c�f. �
mav tar�e� tran 8•/' x 11' may be used.