Item 27 - Agreement for Well Maintenance and Repair

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- 3 - on the Property, the City, inclusive of its officials, employees, agents, contractors, and subcontractors, shall be provided reasonable access to the Well Blowdown Conveyance Pipeline, preferably within one business day of any request, likewise for inspection, sampling, and/or testing. In the event of an emergency, the City shall contact Mesa Water’s emergency line at (949) 631-1200 to arrange for immediate access to areas on the Property. Section 6. Emergency Repairs. In the event Mesa Water fails to accomplish the Maintenance Obligations contemplated by this Agreement, within five (5) days of being given written notice by the City, the City is hereby authorized to cause any of the necessary Maintenance Obligations to be done and charge the entire cost and expense to Mesa Water, including administrative costs. Section 7. Encroachment Permit Requirements. Mesa Water acknowledges that for any work on the Well Blowdown Conveyance Pipeline taking place in the City streets and/or sidewalk right-of-way, Mesa Water will be required to obtain an encroachment permit from the City, based on the then-applicable requirements. Section 8. Termination. The Agreement shall remain in effect while the Project is in operation on the Property, and shall terminate when the Project is closed and/or abandoned by Mesa Water, at which point Mesa Water shall take measures to remove the Well Blowdown Conveyance Pipeline and restore the right of way to original conditions. Section 9. Recordation. This Agreement shall be recorded in the Office of the Recorder of Orange County, California, at the expense of the Mesa Water and shall constitute notice to all successors and assigns of the title to said Property, if any, of the obligation herein set forth. Section 10. Successors and Assigns. Mesa Water and the City agree that this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Mesa Water and the City. Section 11. Covenant to Run with the Land. It is the intent of the parties hereto that burdens and benefits herein undertaken shall constitute covenants that run with said Property and constitute a lien there against. Section 12. Time is of the Essence. Time is of the essence in the performance of this Agreement. Section 13. Representation by Independent Counsel. Both Parties agree and acknowledge they have had the opportunity to review the Agreement and otherwise discuss the matters contained herein with legal counsel. Additionally, each Party has had the opportunity to cooperate in the drafting and preparation of this Agreement. Hence, in any construction to be made of this Agreement, the same shall not be construed against any Party. Section 14. Authority to Execute Agreement. Each of the Parties warrants and represents that they have fulfilled all corporate and municipal formalities to enter into this Agreement and be bound by the terms of this Agreement. Each of the signatories warrants and represents that each of them has binding authority of the entity on whose behalf he/she is signing this Agreement. Further, the Parties agree to take, or cause to be taken, all action and