|
COPY
<br />
<br /> THIRD AMENDMENT TO
<br />LIABILITY RISK COVERAGE AGREEMENT
<br />
<br /> THIS THIRD AMENDMENT TO LIABILITY RISK COVERAGE AGREEMENT dated
<br />for reference purposes as of November 1, 2003 (this "Third Amendment"), by and among the BIG
<br />INDEPENDENT CITIES EXCESS POOL JOiNT POWERS AUTHORITY, a joint exercise of
<br />powers agency duly organized and existing under the laws of the State of California (the "State"),
<br />including, without limitation, Section 6500 et seq. of the Government Code of the State (the
<br />"Authority"), and the CITY OF HUNTINGTON BEACH ("Huntington Beach"), the CITY OF
<br />OXNARD ("Oxnard"), the CITY OF SAN BERNARD1NO ("San Bernardino"), the CITY OF
<br />SANTA ANA ("Santa Ana"), and the CITY OF WEST COV1NA ("West Covina''), each a
<br />municipal corporation duly organized and existing under the Constitution and taws of the State,
<br />amends the Liability Risk Coverage Agreement dated as of October 1, 1988 (the "Original
<br />Agreement"), by and among the Authority and Huntington Beach, Oxnard, San Bemardino, Santa
<br />Ana, and the CITY OF POMONA ("Pomona"), a municipal corporation duly organized and
<br />existing under the Constitution and laws of the State, as mnended by the First Amendment to
<br />Liability Risk Coverage Agreement dated as of December 1, 1988 (the "First Amendment"), by
<br />and among the Authority and Huntington Beach, Oxnard, San Bernardino, Santa Ana, and Pomona,
<br />and by Resolution No. 95-1, adopted by the Board of Directors of the Authority on November 25,
<br />1995 (the "Second Amendment") (the Original Agreement, as amended by the First Amendment
<br />and the Second Amendment, is referred to herein as the "Agreement"). All capitalized terms used
<br />but not defined herein shall have the respective meanings assigned to such terms in the Agreement.
<br />
<br />RECITALS:
<br />
<br /> WHEREAS, Pomona has been expelled from Coverage as a Participant under the
<br />Agreement, effective as of August 18, 2003; and
<br />
<br /> WHEREAS, West Covina, a municipal corporation having a population of at least 100,000,
<br />has delivered to the Authority an application to be admitted as a new Participant under the
<br />Agreement; and
<br />
<br /> WHEREAS, Section 6.1 of the Agreement sets forth the conditions under which the
<br />Authority may admit and provide Coverage to a new Participant that is not currently a Participant
<br />under the Agreement; and
<br />
<br /> WHEREAS, in connection with the admission of West Covina as a new Participant, certain
<br />provisions of the Agreement and the Exhibits thereto are required to be amended, supplemented, or
<br />waived, as applicable; and
<br />
<br /> WHEREAS, Section 9.3 of the Agreement sets forth the conditions under which and the
<br />procedures pursuant to which the Agreement may be amended; and
<br />
<br /> WHEREAS, each of the Authority, Huntington Beach, Oxnard, San Bemardino, Santa Ana,
<br />and West Covina desire to amend the Agreement in accordance with Section 9.3 and waive certain
<br />other provisions of the Agreement, all as further set forth herein;
<br />
<br />Third Amendment to LRCA.DOC I
<br />
<br />
<br />
|