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Item 18 - Amended and Restated Agreement for NPDES Stormwater Permit Implementation
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04/07/2026 Regular
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Item 18 - Amended and Restated Agreement for NPDES Stormwater Permit Implementation
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4/1/2026 12:25:27 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
18
Date
4/7/2026
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<br />16 <br />share for the upcoming budget year as if it were still a PERMITTEE <br />participating in this AGREEMENT but shall be eligible to receive a credit <br />for any prospective carry forward amount of such annual share as may be <br />contemplated by this AGREEMENT. The cost allocations to the remaining <br />PERMITTEES participating in this AGREEMENT shall be recalculated and <br />collected and/or credited as necessary in the budget year following the <br />effective date of the withdrawal. <br />IX. NON-COMPLIANCE WITH PERMIT OR ORDER REQUIREMENTS <br /> <br />Each PERMITTEE shall remain solely responsible for its own acts and <br />omissions with respect to compliance with requirements of an MS4 permit or <br />other order of the RWQCBs or SWRCB to which it may be subject, and nothing <br />herein shall be deemed to waive, release, or transfer any such <br />responsibility to any other PERMITTEE. Nothing in this AGREEMENT shall be <br />construed as an assumption by any PERMITTEE of any liability or obligation <br />of another PERMITTEE, whether past, present, or future. <br />X. LEGAL ACTION/ COSTS/ ATTORNEY FEES <br /> <br />In the event of legal action to enforce any provision of this AGREEMENT, <br />each party shall bear its own attorneys’ fees and costs, and no party shall <br />seek to recover the same from any other party through litigation or other <br />legal proceedings. <br />XI. AMENDMENTS TO THE AGREEMENT <br /> <br />This AGREEMENT may be amended with Majority Approval. The COUNTY and the <br />DISTRICT shall represent one voting PERMITTEE with their percentage <br />contribution equal to the total of the COUNTY and the DISTRICT as described <br />in Section V. No amendment to this AGREEMENT shall be effective unless it <br />is in writing and signed by the duly authorized representatives of the <br />COUNTY and the required Majority Approval of PERMITTEES. <br />XII. NOTICES <br />
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