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SECOND AMENDMENT TO THE AGREEMENT FOR THE COOPERATIVE <br />USE OF UNUSED WELL CAPACITY, THE TEXAS GROVE RESERVOIR, <br />AND THE CENTRAL FEEDER <br />This Second Amendment to the Agreement for the Cooperative Use of Unused Well <br />Capacity, the Texas Grove Reservoir, and the Central Feeder ("Second Amendment") is made <br />and entered into this 16th day of February, 2021 ("Effective Date"), by and between the City of <br />Redlands ("City") and the San Bernardino Valley Municipal Water District ("Valley District"). <br />City and Valley District are sometimes individually referred to herein as a "Party" and, together, <br />as the "Parties." <br />RECITALS <br />WHEREAS, Valley District owns a well on San Bernardino Avenue within city of <br />Redlands ("Well") which is connected to City's water system; and <br />WHEREAS, by letter agreement dated April 25, 2005 ("Letter Agreement"), a true and <br />correct copy of which is attached hereto as Exhibit "A," and incorporated herein by this <br />reference, City regularly paid Valley District to pump water from the Well into City's water <br />system, paying Valley District for the costs associated with such pumping; and <br />WHEREAS, the Letter Agreement expired on December 31, 2010; and <br />WHEREAS, the Well is located within the boundaries of the San Bernardino Valley <br />Water Conservation District ("Conservation District") which has assessed each well within its <br />service area to fund the Conservation District's operations; and <br />WHEREAS, the Agreement for the Cooperative Use of Unused Well Capacity, the <br />Texas Grove Reservoir and the Central Feeder ("Original Agreement") was entered into on the <br />2nd day of April, 2013, by and between City and Valley District, a true and correct copy of <br />which is attached hereto as Exhibit "B," and incorporated herein by this reference; and <br />WFIEREAS, Amendment No. 1 to the Original Agreement was entered into on the 6th <br />day of October, 2015, by and between City and Valley District and provided backup cooling <br />water for Valley District's Citrus Pump Station, atrue and correct copy ofwhich is attached hereto <br />as Exhibit "C," and incorporated herein by this reference, and the Original Agreement, as <br />amended, shall be hereinafter referred to as the "Agreement;" and <br />WHEREAS, per Section 3.d. of the Original Agreement, the Parties acknowledge that <br />the Agreement was intended not only to serve as the basis for cooperative operations at the time <br />the Agreement was executed, but it was also intended to serve as the basis for long-term <br />cooperation. The Parties also agreed to consider amending the Agreement at appropriate times <br />to reflect additional facilities and new opportunities to improve the conjunctive management of <br />the San Bernardino Basin Area ("SBBA") and/or water supply reliability for the San Bernardino <br />Valley; and <br />WHEREAS, in or around 2015, certain local water agencies formed the San Bernardino <br />Amendment No. 2 <br />L:\ca\djm\Agrecmcnts\SBVMWn 2nd Amend.FY20-0077.docxjn Page 1 <br />