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RESOLUTION
OF
AUTHORITY
OF
THE
CITY
OF
INDIO
CALIFORNIA
WHEREAS the City of Indio a California general law city and a municipal corporation the City currently owns and operates a water system the Water
System
residents of the for the benefit of the residents and certain non of
City
and
WHEREAS
as
April 19 2000
the
City of Indio formed the Indio Water authority pursuant to the terms and conditions Agreement and
City
and the
WHEREAS the Authority determined that it was Authority to lease the Water System from the City and
WHEREAS on May 21 2001 the Authority approved Lease Agreement by and between the City and the Authority
water
system
lease
WHEREAS on September 17 2001 the Authority approved a to Lease the Amendment providing among other things that the the Water System Lease shall be November 1 2001 and WHEREAS the Lease Agreement and collectively as the Lease and
are
referred to
vel to the Alath Jl CaJe plovldeJ that the silty JIIQII del lty all VVHEREAS the L executed and acknowledged Assignment and Assumption Agreement substantially in the farm and content of Exhibit L to the Lease Agreement NOW
THEREFORE
THE
INDIO
WATER
AUTHORITY
DOES
HEREBY
Authority hereby
as
Agreement
attached hereto
approves the Assignment and Assumption Exhibit A and incorporated herein by this reference and after its passage and
Section 2
This
approval
day
of
October 2001 by
the
Fesmire
ME ATTEST
IE F
MIRE
PR
SIDENT
r
y
CY
THIA HERNANDEZ
RETARY SE
CERTIFICATION
I Cynthia Hernandez Secretary to the Indio foregoing to be a full true and correct copy of
Board of Commissioners of the Indio Water
Water
the the
on
October 15th
2001
Cynthia
Hernandez
Secretary
EXHIBIT A 12 RESOLUTION NO 2001 ASSIGNMENT AND ASSUMPTION AGREEMENT ASSL AGREEl NTthe Assign THIS ASSIGh NTAND TMPTION nent is made identification and between THE INDIO of 2001 for this 1st day November purposes only by WATER AUTHORITY Authority and the CITY OF INDIO City RECITALS
A wherein
May 22 2001 City and Authority executed City leased to Authority substantially all of the assets
On of water service within the
Lease
City
used
or
useful in the
provision
and
on
by
this reference
incorporated
herein in part that City would assign to Authority during the term agreements listed in Exhibit B attached hereto and by this
B of the
The Lease
provided
or
Lease
reference C
incorporated
City
Contracts
assign
to
now
desires to
Authority
and
Authority
now
assignment
of the Contracts
aa n i s aiiu
uiisfers
tr
tl its 0
or u4
all
u
City c
t l ri title and
111141
perform
and be bound
Assumption Authority accepts the assignment made hereby and agrees by all of the terms and conditions and covenants of the Contracts
to
keep
City represents and warrants to Authority that a neither the City nor any party listed in the Contracts is in default in any material respect of any of the terms and conditions of the Contracts and b except as otherwise disclosed to Authority in writing City has the right to assign each and every Contract without the prior written consent of any
3
Representations
party
to the Contracts
4 its
Indemnities
a City
agrees to
indemnify
and fees and
to pay
harmless Authority
costs expenses including reasonable or all of them ever pays or is legally breach
successors
assigns costs
from any and all claims actions damages or liabilities which any
to the Contracts
obligated
relating
or
default
or
as
Lease
indemnify defend and hold harmless City its officers directors employees agents successors and assigns from any and all claims actions costs expenses including reasonable attorneys fees and costs damages or liabilities which any or all of them
b Authority
agrees to
ever
pays
or
is
legally obligated
to pay
relating
to
breach
or
by
Authority
S
brought to enforce or interpret any part of this Assignment the shall be entitled to recover all reasonable costs and expenses of the action party without limitation attorneys fees and costs and attorneys fees and costs incurred in
In the event suit is
b
subject written
is the entire agreement between the parties hereto with respect to the matter hereof and supersedes all prior agreements and understandings whether oral or between the parties with respect to the matters contained in this Agreement All oral This
Assignment
representations
or
modifications
shall be of
no
This
Assignment
parties
may be executed in counterpart but shall be without force hereto have executed this Assignment or a counterpart
or
effect
Each party agrees to perform any further acts and to execute and deliver any documents which would be reasonably necessary to carry out the provisions of this Assignment
for in
or
e The provisions of this Assignment shall against any party based upon any attribution
be construed
to such
as as
party
source
question f
All
questions
parties
with respect to the construction of this Assignment the rights and to this Assignment shall be governed by the laws of the State of
WHEREOF
the
parties
day
Authority
INDIO WATER
a
City
CITY OF INDIO
By
MELANIE
By FESMIRE
PRESIDENT BEN
GODFREY
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B EXHIBIT HXB B Z EX io VYater Authority to be be Assigned List of Contracts and Agreements to the the Ind Indio Water Authority Assigned to Agreements to
of Contracts st of List Li Contracts
d List of Contracts an
b 1997 dated May Memorandum by and between ing dated of Understanding May 28, n et 28 1997, e re morandum of Understand Me a e C th d an I2 SERVICES SUNLINE and the CITY OF INDIO. O E public agency SERVICES GROUP, DY cy GROUP a public SUNL T IN en ag
TYnOF
e 2-
the SOUTH. ued by AST AZ issued R IT iss c No. 3221 COAST AIR QUALITY SOUTH CO it D-73221 7 D by the No Permit ea T n Y U Q the OF INDIO CITY OF to the INDIO da ted Ma CITY dated May 1997. STRICT to DISTRICT 97 NAGEMENT DI MANAGEMENT y 33, 19 2fiA
e SOUTH SOUTH COAST issued by th the issued by R QUALITY R-D69902 AIR COAST AI 69902 D No R Permit er No. I t i AI Y U Q T to TY OF OF IND'IO d 10 I YO CI te CT IND da to the CITY dated May 10, 1993. RI Ma NT DISTRICT ST ME e 93 DI th GE Y 19 MANAGEMENT NA MA b R QUALITY H COAST issued by R-D69902 issued the SOUTH AIR No COAST AY t No. i e I D69902 R Permit QUALITY t TY OF e CI th d CT IC to D te the RI CITY OF INDIO dated January 12, DISTRICT IN da ST NT DI MANAGEMENT ME MANAGE anuary 12 1994. 994 3
T e SO ued by R QUALITY No AI Pemlikit No. D D-73171 issued by th the SOUTH COAST AIR errIIlt I 3171 iss 7 QUALITY CT to e RI D th t TY OF ST IN pH 5 d E CI DI DISTRICT to the T CITY OF INDIO dated May 5, 1993. 99 3 G MANAGEMENT A N y N E Ma A M S
3 3-
-4-
e SOUTH ued by it No iss quit No. D D-73222 issued by th the 3222 Sp COAST H COAST AIR QUALITY Pew 7 herm QUALITY R7 AI e to CT th TY OF O d RI i l NT CI DI te MANAGEMENT DISTRICT to the CITY OF INDIO ST IN ME da dated May 7, 1993. 93 DI GE 19 NA aY MA
ued by the SOUTH R QUALITY 31 iss Peziait No. 2 D-73172 issued by the AIR COAST AI SOUTH COAST 7 D QUALITY Permit No to O e d DI to the th CT TY OF IN RI ed 93 CI MANAGEMENT DISTRICT CITY OF INDIO dated May 5, 1993. ac ST 19 DI y T 5 Ma N N A 1 E G
73173 issued D issued Permit No D-73173 erlnit No. the MANAGEMENT DISTRICT to the EMENT DISTRICT N G
9
b TH COAST by the SOUTH COAST AIR AIR QUALITY QUALITY g INDIO IO dated CITY tp IND CITY OF 5, dated May y 1997 Ma 5 1997.
7 D the SOUTH Permit issued by No D-73174 SOUTH COAST COAST AIR AIR QU y the ermi No. 1 QUALITY ALITY C ITY OF the CITY DIO da to the NT DISTRICT MANAGEMENT 5 19 OF IN INDIO dated May 5, A ted Ma 93 GEME 1993. DISTRICT to M NA Y
1D
b o D-73175 N Permit issued the SOUTH COAST 73175 D issued by COAST AIR AIR QUALITY ermit No. Z QUALITY K dated F INDIO the CI TY tO IO to the MANAGEMENT CITY OF INDUT DISTRICT to May 5, 1993. dated Ma 1993 y 5 NAGEMENT DISTRICT A 1 A ril 10, No 311099 No. granted as of of April 19 96 by Eh anted as 10 1996 e 311099 gr the x COAST SOUTH DISTRICT to T COAST AIR AIR QUALITY SOL1 T EN QUALITY MANAGEMENT to CT OF EM CITY_ OF the_. RI AG TY h DIST N the CI 2=100. 3ND2
13
Application plication Ap
N D-73176 2 Permit 3 12erxni No. I t Issued by the SOUTH 73176 issued D by the Q U ALITY COAST AIR SOUTH COAST AIR QUALITY CT the CITY to the MANAGEMENT to 5, OF INDIO DISTRI CITY OF d ated May NAGEMENT DISTRICT INDIO dated MA 1993 y Ma 5 1993.
3 311100 granted 13. Application as of e of April APplicatio No. 311100 by the grarited as 1996 b r 10, 10 1996 i y th Ap i H UT T SO SOUTH COAST COAS AIR AIR QUALITY QUALITY MANAGEMENT to the the .CITY clT Y OF MANAGEME N T DISTRICT DISTRICT to 3rNDI0 INDIO.
14_
5 3
z No. 1 N D-73177 Permit e P 1 the SOUTH 73177 issued D bY the issued by T COAST L 2L T C QUALITY SfJU b COAST AIR Ate A CT to C t the tie CITY IS T P T lumaczaEuT OF 5, F INDIO INDro dated EAtT DISTRICT E 1 1993. gated May y Ma 5 1993
t I m e to the th CITY MANAGEMENT 5, 1993. F INDIO ANAGEMENT DISTRICT CITY OF DISTRICT to INDIO dated dated May 1993 May 5
e
as_
No D-73178 Permit No. issued 73178 D ued by the t QUALIIY iss SOUTH COAST AIR' SOUTH COAST AIR QUALITY
e
to pro vice to Z l Agr Oral Agreement provide stand-by service to the the Car Carver Tract 16. ver T Ora vide sta tact eement to y ser ndb ount No of Ind 3 0 subject io Acc Mutual Ipdio Account No. 2626 26263-0 utual pursuant S 3 ty of Ca pursuant to City subject rg ined in to to the Rates Charges (as defined in the the Lea Lease) existing at Rates and Cha as def se exi sting at is requested. service is the the time service requested
es
to d 7 a vx b e l A e to rvx Oral Agreement provide stand-by service to the the Wa Waller Tract pro ller Tra Ora se 17. nd c y sta ct g reement to t Na oun Acc the to to es pursuant to Account No. 20761-0 subject to the Rates and Rat nt sua and pur t 1 b 6 c 7 u 20 s O e the time time service service is at the Charges is req requested. uested existing at Charges existing
r w