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Agreement may not be modified, altered or amended except in writing signed by authorized <br />representatives of both OCWD and the City. <br />SECTION 5. AGREEMENT NOT EFFECTIVE UNTIL PARTIAL BEA EXEMPTION <br />GRANTED ON WELL 32 WATER PRODUCTION <br />5.1. This Agreement shall not take effect unless and until all of the following actions <br />occur in accordance with Section 38.1 of the OCWD Act: <br />5.1.1. City shall have filed with OCWD a petition pursuant to Section 38.1 of the <br />OCWD Act, for a partial exemption of the basin equity assessment levied under Section <br />31.5 of the OCWD Act, for all groundwater above the BPP produced from Well 32 and <br />blended with water from Wells 36 and 29 during the period from July 1, 2014 through <br />June 30, 2019 (the "Project BEA Exemption "); and <br />5.1.2. The OCWD Board of Directors shall have received an investigation report <br />on the petitioned Project BEA Exemption from OCWD's district geologist; and <br />5.1.3. The OCWD Board shall have conducted a public hearing on the petition <br />for the Project BEA Exemption, made findings and determinations in accordance with <br />Section 38.1(d)(2) of the OCWD Act, and granted the City's petition for the Project BEA <br />Exemption. <br />5.2. City understands and acknowledges that the OCWD Board of Directors retains <br />full discretion within the parameters set forth in the OCWD Act to approve or not to approve the <br />Project BEA Exemption. Nothing in this Agreement shall in any way commit the OCWD Board <br />of- Directors to approve the Project BEA Exemption, to take any other action with respect to the <br />City's petition for the Project BEA Exemption, or to in any way limit or restrict the discretion of <br />the Board of Directors of OCWD with respect to an exemption from the payment of the BEA on <br />water produced from Well 32. <br />IN WITNESS WHEREOF the parties have executed this Agreement as of the date first <br />written above. <br />APPROVED AS TO FORM: <br />RUTAN & TUCKER, LLP <br />C <br />Joel D. Kuperberg <br />General Counsel, OCWD <br />City of Santa Ana Agreement <br />xx ..1 a08/02/13 <br />xxxxxl <br />ORANGE COUNTY WATER DISTRICT <br />By: <br />Shawn Dewane, President <br />Michael R. Markus, General Manager <br />_7_ <br />251 -11 <br />