After years of negotiations, Canyon Lake Property Owners Association (CLPOA) and Elisnore Valley Water Municipal District (EVMWD) entered into a Fifth Amendment to the Lake Lease on March 10, 2017.
What does this mean for Canyon Lake? For one, the Lake Lease that would have expired on December 31, 2022 doesnt expire now until December 31, 2066. With the Fifth Amendment in effect, it also gives CLPOA a unilateral option to extend the Lease another 44 years after 2066 and on the same conditions and terms as are now in effect.
It also means that the Lake Lease payments that were being adjusted every year according to the cost of water will now be adjusted on a yearly basis based on the Consumer Price Index. Additionally, CLPOAs Lake Lease payments will never increase more than four percent per year. The minimum increase will be one percent per year.
CLPOA feels this is a fair and stable payment schedule and projects that it will save CLPOA millions of dollars just over the next 10 years alone. How does this benefit EVMWD? EVMWD gets the benefit of having a predictable and stable revenue stream from the Lake.
During the negotiations, EVMWD was insisting that CLPOA agrees to an onerous indemnity provision that would require CLPOA to indemnify EVMWD for all loss related to the Lake, even if the loss was EVMWDs fault. With the Fifth Amendment in effect, EVMWD is responsible for its mistakes, CLPOA is responsible for its mistakes, as well as those of its members and third parties.
Prior to the Fifth Amendment, there was no mechanism in the Lake Lease to prevent disputes between CLPOA and EMVWD from spiraling out of control. With the Fifth Amendment to the Lake Lease, there are now mechanisms in place to help head off any disputes that may arise between CLPOA and EVMWD. Specifically, there will now be an Interface Committee, comprised of CLPOA Board Members and EVMWD Board Members, who will meet as necessary to discuss any dispute between the parties that may arise. If the dispute persists, the dispute must then go to mediation, before a neutral third party, to see if the parties can voluntarily resolve the dispute. If mediation doesnt work, the dispute is submitted to streamlined arbitration, so it is resolved as quickly and efficiently as possible.
The section of the Lake north of the north causeway, where the river feeds into the lake, is known as Section 26 of the Lake. This section was governed by a separate lease agreement between CLPOA and EVMWD. EVMWD had the ability to grant rights of use to Section 26 to others, under certain conditions. Now, with the Fifth Amendment to the Lake Lease in effect, Section 26 will be governed by the same Lake Lease; however, some special provisions will apply.
EVMWD is permitted to install fencing or other access control devices around Section 26 to prevent visitors from using this portion of the Lake. Section 26 will remain open to CLPOA and its members for the same uses that were previously in effect.
Prior to the Fifth Amendment, there were no requirements with respect to CLPOAs insurance of the Lake. With the Fifth Amendment in effect, CLPOA is required to maintain general liability insurance on the Lake, with EVMWD as an additional named insured, at amounts reasonable to cover any anticipated losses.
According to CLPOA, the current amount is $2MM per occurrence/$2MM in the aggregate. CLPOA and EVMWD have agreed to review the insurance limits on a periodic basis to see if any increase is needed. With this insurance in place, it will help to prevent any disputes between CLPOA and EVMWD.
Is the litigation between CLPOA and EVMWD over? Not all of it. The Tax Case (Riverside Superior Court Case No. RIC 1504034) which is now on appeal (Court of Appeal Case No. CIV NO. E065705) will be dismissed; however, the Declaratory Relief Case (Riverside Superior Court Case No. 1503428) is still pending.
The reason why the Declaratory Relief Case is still pending is because there are still a few important issues, which were not the subject of the Fifth Amendment, that need to be resolved. Both parties are seeking a definitive determination as to where the border of the Lake and shorezone actually lies. The parties also want to come to create a uniform process for future encroachments into the Lake/onto the shorezone, which involves all the necessary stakeholders (CLPOA, CLPOAs Members and EVMWD).
CLPOA wants to be sure that everyone is on the same page in terms of what improvements are being maintained in the Lake/on the shorezone. Currently, there is no standard process between the stakeholders as to what improvements are being maintained, which could lead to inconsistent rights and obligations between CLPOA and EVMWD as to the improvements and property involved. CLPOA wants to change that so that everything is as fair, consistent and predictable as possible. CLPOA says they are committed to cooperating with EVMWD to resolve these remaining issues.
A spokesperson for CLPOA said This truly is a monumental step forward. We are very pleased that hard work from both sides, and the patience and participation of CLPOAs members, has produced this durable and lasting agreement, which will preserve the special character of the Canyon Lake community for decades to come.
See more here:
CLPOA enters into Fifth Amendment to Lake Lease | The Friday Flyer - The Friday Flyer
- VANDA Pharmaceuticals States a Fifth Amendment Claim against the Government for Taking a Trade Secret - Trade Secrets Trends - February 13th, 2024 [February 13th, 2024]
- Attorneys argue shooters Fifth Amendment rights on the 4th day of the Jennifer Crumbley trial - Detroit News - January 27th, 2024 [January 27th, 2024]
- Judge will not allow Michigan school shooter to testify in mother's trial if he invokes the Fifth Amendment - AppleValleyNewsNow.com - January 27th, 2024 [January 27th, 2024]
- Shamoon v. Resideo: Obviousness affirmed - Patently-O - August 12th, 2023 [August 12th, 2023]
- Billings County sued over eminent domain as bridge dispute rekindles - Bismarck Tribune - August 12th, 2023 [August 12th, 2023]
- 'Tyler' and a Call for Reform of the New Jersey Tax Foreclosure ... - Law.com - August 12th, 2023 [August 12th, 2023]
- "Like fatter Tony Soprano Attending the Arraignment and "Effect[ing ... - Emptywheel - August 12th, 2023 [August 12th, 2023]
- Call to faith-based leaders to help end violence; Parents need to pay ... - Capital Gazette - August 12th, 2023 [August 12th, 2023]
- "Stunning development": Experts say Trump target letter is surest ... - Salon - June 12th, 2023 [June 12th, 2023]
- LIV, PGA drop a bombshell on Washington - POLITICO - June 12th, 2023 [June 12th, 2023]
- Congressman Matt Gaetz Introduces Resolution to Hold Former ... - Congressman Matt Gaetz - June 12th, 2023 [June 12th, 2023]
- It's time to end home equity theft in Maine - Bangor Daily News - June 12th, 2023 [June 12th, 2023]
- Louisiana's Sabine River Authority Not Entitled To Sovereign Immunity - The Energy Law Blog - May 28th, 2023 [May 28th, 2023]
- Ninth Circuit Finds that Criminal Reentry Provision Not Driven by ... - Immigration Blog - May 28th, 2023 [May 28th, 2023]
- Ken Paxton Impeached on 20 Charges Including Bribery ... - The Texan - May 28th, 2023 [May 28th, 2023]
- Simply losing it: Bitter fight brews over federal judges forced retirement effort - Yahoo News - May 28th, 2023 [May 28th, 2023]
- Worth County Board of Supervisors Meeting (LIVE) - KIOW.com - May 28th, 2023 [May 28th, 2023]
- Trump Organization finishes last in brand reputation survey for second straight year - The Hill - May 28th, 2023 [May 28th, 2023]
- They held down a Black teen who tried to shoplift. He died from ... - Wisconsin Examiner - May 28th, 2023 [May 28th, 2023]
- What is the Fifth Amendment, and how has it been used? : NPR - March 31st, 2023 [March 31st, 2023]
- Tmc the Metals Company Inc. Enters into Fifth Amendment to Pilot Mining Test Agreement and Third Amendment to Strategic Alliance Agreement, Which Is... - February 20th, 2023 [February 20th, 2023]
- Interpretation: The Fifth Amendment Due Process Clause | Constitution ... - January 31st, 2023 [January 31st, 2023]
- Fifth Amendment invoked to the point of 'unintentional hilarity' by Jan ... - December 26th, 2022 [December 26th, 2022]
- Why Did Trump Plead The Fifth Amendment?What We Do Know ... - Newsweek - October 25th, 2022 [October 25th, 2022]
- Understanding the Fifth Amendment Right to Remain Silent - October 19th, 2022 [October 19th, 2022]
- US Government for Kids: Fifth Amendment - Ducksters - October 19th, 2022 [October 19th, 2022]
- Donald Trump loves to plead the Fifth. It won't save him this time. - MSNBC - October 19th, 2022 [October 19th, 2022]
- Everything You Ever Wanted to Know About Georgia Special Purpose Grand Juries But Were Afraid to Ask - Lawfare - October 19th, 2022 [October 19th, 2022]
- Citing double jeopardy, Fargo man who killed 14-year-old Jupiter Paulsen wants murder conviction dropped - INFORUM - October 19th, 2022 [October 19th, 2022]
- Nicki Clyne: What Happened to NXIVM Member and Where Is She Now? - Newsweek - October 19th, 2022 [October 19th, 2022]
- New York AG Asks Judge to Prevent Trumps From Hiding Assets Mother Jones - Mother Jones - October 15th, 2022 [October 15th, 2022]
- Trump Will Finally Have to Face Questions About Alleged Rape, Judge Rules - VICE - October 15th, 2022 [October 15th, 2022]
- 'In the Heat of the Night' star Lee Grant on working with Sidney Poitier and being blacklisted by Hollywood - Yahoo Entertainment - October 15th, 2022 [October 15th, 2022]
- THE OTHER SIDE: Orange Jesus took the Fifth - theberkshireedge.com - October 6th, 2022 [October 6th, 2022]
- BNP Paribas : 5th amendment to the 2021 Universal Registration Document - Marketscreener.com - September 29th, 2022 [September 29th, 2022]
- Tlingit tribal member shares his story of helping the Yakamas get Mount Adams back - Yakima Herald-Republic - September 29th, 2022 [September 29th, 2022]
- Trump Pleading the Fifth Might Have Doomed Him in Civil Case - Newsweek - September 27th, 2022 [September 27th, 2022]
- Why is Kevin McCarthy Promising to Remove Parents from the Terrorist Watch List? - Daily Kos - September 27th, 2022 [September 27th, 2022]
- Alex Jones said he may have to plead the Fifth as he's set to testify - Insider - September 27th, 2022 [September 27th, 2022]
- USS Fitzgerald and ACX Crystal collision: The Fifth Circuit Court of Appeals delineates the reach of personal jurisdiction - GARD - September 9th, 2022 [September 9th, 2022]
- Trump investigation tracker: Keeping up with Trump's many legal issues - Grid - September 9th, 2022 [September 9th, 2022]
- Bo Dukes's conviction to stand following motion for new trial - Douglas Now - September 9th, 2022 [September 9th, 2022]
- VAIL RESORTS INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an Off-Balance Sheet... - September 9th, 2022 [September 9th, 2022]
- It's brother vs. brother at trial over NYC slaying of mobbed-up dad, 'Sally Daz' Zottola - New York Post - September 9th, 2022 [September 9th, 2022]
- Letters: Boater offers different perspective on the Playpen - Chicago Tribune - September 9th, 2022 [September 9th, 2022]
- Michael Flynn: From Government Insider to Holy Warrior - PBS - September 9th, 2022 [September 9th, 2022]
- Hamel found guilty of Athol murder, sentenced to life in prison - The Recorder - September 9th, 2022 [September 9th, 2022]
- Biden Slowly Winning LBJ- and FDR-Like Praise As Legislative Victories Mount - Seattle Medium - September 9th, 2022 [September 9th, 2022]
- Vice Principals, the Fifth Amendment, and Negative Inferences - JD Supra - August 30th, 2022 [August 30th, 2022]
- PERMA FIX ENVIRONMENTAL SERVICES INC : Entry into a Material Definitive Agreement, Creation of a Direct Financial Obligation or an Obligation under an... - August 30th, 2022 [August 30th, 2022]
- Letter: Invoking the Fifth Amendment is not an admission of guilt - INFORUM - August 29th, 2022 [August 29th, 2022]
- Taking the Fifth, FBI attacked: 5 takeaways of Gov. Whitmer kidnap trial - MLive.com - August 29th, 2022 [August 29th, 2022]
- How much money could Donald Trump have to pay in fines if his businesses are penalized? - AS USA - August 29th, 2022 [August 29th, 2022]
- A high stake debate and tension at the GOP convention: Your guide to Michigan politics - MLive.com - August 29th, 2022 [August 29th, 2022]
- We Can Be Framers Too - The Atlantic - August 29th, 2022 [August 29th, 2022]
- For 38 Years of American History, There Has Been No Vice President - History News Network - August 8th, 2022 [August 8th, 2022]
- Emmett Till is gone. The quest for justice lives on. - New York Daily News - August 8th, 2022 [August 8th, 2022]
- 'A bold-faced LIE': St. Louis mayor blasts Black police officer groups criticism of oversight bill - KSDK.com - August 8th, 2022 [August 8th, 2022]
- He has done more to further the cause of hate in the US than almost anyone: the rise and fall of Alex Jones - The Guardian - August 8th, 2022 [August 8th, 2022]
- Even the District Attorney Believed Joaquin Ciria Was Innocent. Why Did It Take So Long to Set Him Free? - POLITICO - August 8th, 2022 [August 8th, 2022]
- Understanding the Constitution: Why It Doesn't Protect the Unborn - The Epoch Times - August 6th, 2022 [August 6th, 2022]
- Former fugitive charged with rape in Deerfield case demands new lawyer - The Recorder - August 6th, 2022 [August 6th, 2022]
- Sources: Donald Trump Jr., Ivanka Testify Before NY AG's Office in Finance Probe, Neither Pleads the 5th - NBC New York - August 6th, 2022 [August 6th, 2022]
- Time running out to try Catherine Hoggle for the disappearance, suspected murder of her 2 kids - WUSA9.com - August 6th, 2022 [August 6th, 2022]
- Trump faces uphill fight on executive privilege in DOJ probe - POLITICO - August 6th, 2022 [August 6th, 2022]
- Charles Milliken: Defining what exactly is a 'right' - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- How grand juries work and why Jan. 6 prosecutors are relying on them - Salon - July 31st, 2022 [July 31st, 2022]
- Roe, Dobbs and women's rights New York Daily News - New York Daily News - July 31st, 2022 [July 31st, 2022]
- Partisan congressional hearings are a threat to all citizens - Monroe Evening News - July 31st, 2022 [July 31st, 2022]
- 9 years after a UIW police officer shot student Cameron Redus, the case is going to trial - San Antonio Express-News - July 31st, 2022 [July 31st, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - Michigan Radio - July 31st, 2022 [July 31st, 2022]
- Washington County woman held in death of 5-year-old son - Herald-Mail Media - July 31st, 2022 [July 31st, 2022]
- What Did the Dissenting Justices Think About the Power of Military Authorities & More - The Soldiers Project - July 31st, 2022 [July 31st, 2022]
- Whipping the votes in Suffolk - Newsday - July 31st, 2022 [July 31st, 2022]
- If Trump Takes the Fifth, Is He Guilty? - Law & Crime - July 29th, 2022 [July 29th, 2022]
- Anambra House of Assembly Passes 5th Amendment Bills - TVC News - July 29th, 2022 [July 29th, 2022]
- How do grand juries work? Their major role in criminal justice, and why prosecutors are using them to investigate efforts to overturn the 2020... - July 29th, 2022 [July 29th, 2022]
- We need to hear the unbiased story - Villages-News - July 29th, 2022 [July 29th, 2022]
- Outcome of first kidnapping trial can't be used as evidence in second trial, judge rules - WKAR - July 29th, 2022 [July 29th, 2022]
- LOVERRO: The weight on Rivera's shoulders is inevitably about much more than football - Washington Times - July 29th, 2022 [July 29th, 2022]