25E - INSTALL MISC FACILITIES - Laserfiche WebLink

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NOW, THEREFORE, the parties hereto, in consideration of the mutual promises and covenants hereinafter set forth, DO AGREE AS FOLLOWS: A. SELECTION OF PROJECTS SECTION 1. CITY and IRWD shall, by consultation between their respective staffs on an as-needed basis, review all proposed CITY street improvement projects to identify each project which involves the design, construction, modification and/or relocation of IRWD FACILITIES having an estimated construction cost of under $100,000 and which the staffs concur would be more efficiently accomplished by the CITY than IRWD. The parties agree to identify all such projects in good faith, but the identification of any project shall be subject to mutual approval. IRWD shall prepare the cost estimates for this purpose. For each project so identified and the related IRWD FACILITIES, an Addendum in the form of Exhibit "A", attached hereto and incorporated herein by this reference, shall be executed by authorized representatives of CITY and IRWD, and, upon execution, shall be deemed incorporated in this Agreement. Each project for which an Addendum is executed shall be deemed a "Project" as used herein. SECTION 2. A Project may be identified at any time so long as the related Addendum is executed prior to the expiration of the term of this Agreement. SECTION 3. A Project and the related IRWD FACILITIES shall continue to be governed by the terms of this Agreement notwithstanding that actual total costs of items set forth in Section 11 exceed $100,000 for the Project. SECTION 4. Any CITY street improvement project which involves the construction, modification and/or relocation of the IRWD FACILITIES with an estimated construction cost over $100,000 and for which the parties desire to have the IRWD FACILITIES constructed on a reimbursement basis shall be governed by a separate agreement. SECTION 5. This Agreement shall not alter any other obligations which may exist between the parties relating to the allocation of costs for particular IRWD FACILITIES, such as easement rights. Costs which are the obligation of CITY or any party other than IRWD shall not be considered within the estimates of costs for purposes of identifying Projects under Section 1. Revised 12/22/04 25E?4