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Contract No. 7-07-20-W0045-IR11-B 

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UNITED STATES 

DEPARTMENT OF THE INTERIOR 

BUREAU OF RECLAMATION 

Central Valley Project, California 

5 INTERIM RENEWAL CONTRACT BETWEEN THE UNITED STATES

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7 THE CITY OF TRACY

8 PROVIDING FOR PROJECT WATER SERVICE

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THIS CONTRACT, made this ______ day of ___________________, 2007, in 

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

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

amended and supplemented, August 4, 1939 (53 Stat. 1187), as amended and supplemented, July 2, 

1956 (70 Stat. 483), June 21, 1963 (77 Stat. 68), October 12, 1982 (96 Stat. 1263), as amended and 

Title XXXIV of the Act of October 30, 1992 (106 Stat. 4706), all collectively hereinafter referred to 

as Federal Reclamation law, between THE UNITED STATES OF AMERICA, hereinafter referred 

to as the United States, and THE CITY OF TRACY, hereinafter referred to as the Contractor, a 

public agency of the State of California, duly organized, existing, and acting pursuant to the laws 

thereof; 

WITNESSETH, That: 

20 EXPLANATORY RECITALS

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WHEREAS, the United States and the West Side Irrigation District (District) entered 

into an interim renewal contract identified as Contract No. 7-07-20-W0045-IR5, hereinafter referred 

to as the Interim Renewal Contract, which provided for the continued water service to the District 

following expiration of Contract No. 7-07-20-W0045; and 

WHEREAS, the United States and the District have entered into successive renewals 

of the Interim Renewal Contract, the most recent of which is 

Contract No. 7-07-20-W0045-IR10-B, hereinafter referred to as the Existing Interim Renewal 

Contract from March 1, 2007, through February 29, 2008; and 
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WHEREAS, on February 27, 2004, the Contractor and the District entered into an 

assignment agreement that assigned 2,500 acre-feet of project water to the Contractor with an 

exclusive option to acquire the contract right to an additional 2,500 acre-feet of project water. 

WHEREAS, the United States and the Contractor have made significant progress in 

their negotiations of a long-term renewal contract, believe that further negotiations on the long-term 

renewal contract would be beneficial, and mutually commit to continue to negotiate to seek to reach 

agreement, but anticipate that the environmental documentation necessary for execution of any longterm renewal contract will be delayed until the summer of 2008 and may be delayed further for reasons 

beyond the control of the parties; and, 

WHEREAS, the Contractor has requested a subsequent interim renewal contract 

pursuant to Subdivision (b)(1) of Article 2 of the Interim Renewal Contract and Article 1 of the 

Existing Interim Renewal Contract; and 

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

all of its obligations under the Existing Interim Renewal Contract; and 

WHEREAS, the United States is willing to renew the Existing Interim Renewal 

Contract pursuant to the terms and conditions set forth below; 

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

contained, it is hereby mutually agreed by the parties hereto as follows: 
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Contract No. 7-07-20-W0045-IR11-B 

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47 INCORPORATION AND REVISION OF EXISTING INTERIM RENEWAL CONTRACT

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1. The terms and conditions of the Existing Interim Renewal Contract are hereby 

incorporated by reference into this Contract with the same force and effect as if they were included in 

full text with the exception of Article 1 thereof, which is revised as follows: 

 (a) The first sentence in Subdivision (a) of Article 1 of the Existing Interim 

Renewal Contract is modified as follows: “This interim renewal contract shall be effective from 

March 1, 2008, and shall remain in effect through February 28, 2010, and thereafter will be 

renewed as described in Subdivision (a) of Article 2 of the Interim Renewal Contract if a 

long-term renewal contract has not been executed with an effective commencement date of March 1, 

2010.” 

(b) Subdivision (b) of Article 1 of the Existing Interim Renewal Contract is 

amended by deleting the date “February 15, 2008,” and replacing same with the date 

“February 15, 2010.” 

(c) Subdivision (c) of Article 1 of the Existing Interim Renewal Contract is 

amended by deleting the dates “February 1, 2008,” “February 15, 2008,” and “February 29, 2008,” and 

replacing same with the dates “February 1, 2010,” “February 15, 2010,” and “February 28, 2010,” 

respectively. 
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 IN WITNESS WHEREOF, the parties hereto have executed this interim renewal 

contract as of the day and year first above written. 

THE UNITED STATES OF AMERICA 

By: _____________________________________ 

Regional Director, Mid-Pacific Region 

Bureau of Reclamation 

(SEAL) THE CITY OF TRACY 

By: _____________________________________ 

 City Manager 

Attest: 

__________________________________ 

 Secretary 

H:\PUB440\CONTRACTS\Water Service Contracts\Interim Renewal Contracts\Delta-Mendota 

Canal\2008\Contracts\final\Tracy-westside-W0045-ir11-b final.doc