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Reso 0918-11/1991 RESOLUTION NO. 918 RESOLUTION OF THE BOARD OF DIRECTORS OF THE VALLECITOS WATER DISTRICT AMENDING THE REVISED BASIC AGREEMENT TO PROVIDE FOR ALLOCATION OF FINAL PROJECT PAYMENTS FOR PHASE IV EXPANSION AND RELATED PROJECTS WHEREAS, the Vallecitos Water District ("District") is a party to the "Revised Basic Agreement for Ownership, Operation, and Maintenance of a Joint Sewage System" (the "RBA"); and WHEREAS, under the RBA, the Vallecitos Water District is required to make payments based upon its ownership of the Joint System; and WHEREAS, an adjustment in the schedule of payments is desirable to promote equity among the parties to the RBA, and to take into consideration the nature and extent of Phase IV Expansion projects' benefit to the Vallecitos Water District; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Vallecitos Water District as follows: SECTION 1: Section 18.2.1 of the Revised Basic Agreement shall be amended as follows: 18.2.1 Phase IV Expansion. Phase IV contract expenses approved by EAA shall be paid once a month based on invoices from the contractor, the design engineer, and the construction manager. The payments will vary over the duration of the job. The Operator/Administrator shall notify the member agency financial representatives of the amounts needed following receipt of each month's invoices. Final projcct payments shall be adjusted as dcscribcd in Exhibit B. In addition, upon the completion and acceptance by EAA of each of: (a) the Western Summit/TIC construction contract project, and (b) the Phase IV odor control and associated facilities. and (c) again, upon completion and acceptance of the Avenida Encinas Street widening project bv the City of Carlsbad per its contract with EAA, adjustments shall be calculated and paid in the manner set forth in Exhibit B, considerinq all Phase IV Expansion work completed to date or invoiced to the member aqencies. Upon completion and acceptance of all work authorized by EAA as part of the Phase IV Expansion, a final adjustment shall be calculated and paid in accordance with Exhibit B. SECTION 2: The General Manager is hereby authorized and directed to execute an amendment to the RBA as provided in this resolution. Such amended RBA shall be effective as of the date it is executed by all the member agencies. Resolution 918 Page Two SECTION 3: This resolution shall be forwarded to the EAA immediately following its adoption. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Vallecitos Water District at a regular meeting held on this 4th day of November, 1991, by the following roll call vote: AYES: Burton, Ferguson, Gregoryk, Mason, Newport NOES: ABSENT: ABSTAIN: Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District