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Contract No. 7-07-20-W0045-IR13-B

(Partial Assignment from The West Side)

1 UNITED STATES

2 DEPARTMENT OF THE INTERIOR

3 BUREAU OF RECLAMATION

4 Central Valley Project, California

5 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

6 AND

7 THE CITY OF TRACY

8 PROVIDING FOR PROJECT WATER SERVICE

9 THIS CONTRACT, made this _______ day of ___________________, 2012,

10 in pursuance generally of the Act of June 17, 1902 (32 Stat. 388), and acts amendatory or 

11 supplementary thereto, including, but not limited to, the acts of August 26, 1937 (50 Stat. 844), 

12 as amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, 

13 July 2, 1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as 

14 amended, and Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively 

15 hereinafter referred to as Federal Reclamation law, between the UNITED STATES OF 

16 AMERICA, hereinafter referred to as the United States, and the CITY OF TRACY, hereinafter 

17 referred to as the Contractor, a public agency of the State of California, duly organized, existing, 

18 and acting pursuant to the laws thereof;

19 WITNESSETH, That:

20 EXPLANATORY RECITALS

21 WHEREAS, the United States and The West Side Irrigation District (The West 

22 Side) entered into an interim renewal Contract (long-form interim renewal contract) 

23 No. 7-07-20-W0045-IR1, which provided for the continued water service of 7,500 acre-feet 
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Contract No. 7-07-20-W0045-IR13-B

(Partial Assignment from The West Side)

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24 of Central Valley Project (CVP) water to The West Side following expiration of Contract 

25 No. 7-07-20-W0045; and

26 WHEREAS, the United States and The West Side entered into successive 

27 renewals, of which the last long-form interim renewal contract was Contract

28 No. 7-07-20-W0045-IR5, hereinafter referred to as IR5; and 

29 WHEREAS, on February 7, 2004, the Contractor, The West Side, and the 

30 United States executed a partial assignment agreement, “Agreement for Assignment of 

31 Portion of Water Service Contract”, which assigned to the Contractor the rights, duties, and 

32 obligations of The West Side in Contract No. 7-07-20-W0045-IR8 (the interim renewal 

33 contract prior to The West Side’s partial assignment to the Contractor) for 2,500 acre-feet

34 with an exclusive option for the Contractor to acquire the contract right to an additional 2,500 

35 acre-feet; and

36 WHEREAS, the United States and the Contractor entered into the first interim 

37 renewal contract identified as Contract No. 7-07-20-W0045-IR9-B; hereinafter referred to as 

38 IR9-B; and

39 WHEREAS, the United States and the Contractor have entered into successive 

40 renewals of IR9-B, the most recent of which is Contract No. 7-07-20-W0045-IR12-B, 

41 hereinafter referred to as the IR12-B effective March 1, 2010, through February 29, 2012; and 

42 WHEREAS, the United States and the Contractor have made significant 

43 progress in their negotiations of a long-term renewal contract, believe that further negotiations 

44 on the long-term renewal contract would be beneficial, and mutually commit to continue to 

45 negotiate to seek to reach agreement, but anticipate that the environmental documentation 
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Contract No. 7-07-20-W0045-IR13-B

(Partial Assignment from The West Side)

3

46 necessary for execution of any long-term renewal contract may be delayed for reasons beyond 

47 the control of the parties; and

48 WHEREAS, the Contractor has requested a subsequent interim renewal contract 

49 pursuant to IR12-B; and 

50 WHEREAS, the United States has determined that the Contractor has to date 

51 fulfilled all of its obligations under IR12-B; and

52 WHEREAS, the United States is willing to renew IR12-B pursuant to the terms 

53 and conditions set forth below;

54 NOW, THEREFORE, in consideration of the mutual and dependent covenants 

55 herein contained, it is hereby mutually agreed by the parties hereto as follows:

56 RENEWAL AND REVISION OF

57 CONTRACT NO. 7-07-20-W0045-IR12-B

58 1. Except as specifically modified by this Contract, all provisions of IR12-B are

59 renewed with the same force and effect as if they were included in full text with the exception of 

60 Article 1 of the IR12-B thereof, which is revised as follows:

61 (a) The first sentence in subdivision (a) of Article 1 of the IR12-B is replaced 

62 with the following language: “This Contract shall be effective from March 1, 2012, and shall 

63 remain in effect through February 28, 2014, and thereafter will be renewed as described in 

64 Article 2 of the IR5 if a long-term renewal contract has not been executed with an effective 

65 commencement date of March 1, 2014.”

66 (b) Subdivision (b) of Article 1 of the IR12-B is amended by deleting the 

67 date “February 29, 2012,” and replacing same with the date “February 28, 2014.”
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Contract No. 7-07-20-W0045-IR13-B

(Partial Assignment from The West Side)

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68 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of 

69 the day and year first above written.

70 UNITED STATES OF AMERICA

71 By: _____________________________________

72 Regional Director, Mid-Pacific Region

73 Bureau of Reclamation

74 (SEAL)

75 CITY OF TRACY

76 By: _____________________________________

77 City Manager

78 Attest:

79 By: _____________________________

80 Secretary