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fn <br />0 <br />4 <br />9L <br />g <br />G <br />WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION <br />AND <br />REIMBURSEMENT AGREEMENT <br />This WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION AND <br />REIMBURSEMENT AGREEMENT (this "Agreement") is made and entered into by and <br />between the Garden Grove Sanitary District, a subsidiary district of the City of Garden Grove <br />("District"), and the City of Santa Ana, a municipal corporation ("City"). District and City are <br />sometimes individually referred to as each "Party" and collectively referred to as the "Parties." <br />RECITALS <br />A. City and District jointly use and share capacity rights in certain sewerage facilities <br />located in Westminster Avenue, which shared sewerage facilities are owned, operated <br />and maintained by each Party within its respective territorial jurisdiction, all in <br />accordance with that certain Agreement for Joint Use of Sewerage Facilities in effect <br />between the Parties. <br />In order to mitigate the risk of sanitary sewer overflows and to provide adequate peak <br />flow capacity in these shared sewers, the Parties have determined that it is necessary to <br />construct new sewerage facilities in Westminster Avenue between Harbor Boulevard and <br />Nancy Lane to transport wastewater at the estimated ultimate capacity of both the <br />City and District. The design and construction of these new shared sewerage <br />facilities is referred to in this Agreement as the "Westminster Avenue Sewer <br />Project." <br />C. The new shared sewerage facilities to be constructed pursuant to the Westminster <br />Avenue Sewer Project will be located in portions of both City's and District's territorial <br />jurisdictions. Notwithstanding the provisions of the for Joint Use of Sewerage Facilities <br />providing for each Party to be responsible for the design and construction of new and <br />replacement shared sewer facilities within each Party's respective jurisdiction, City and <br />District have determined it is in the best interests of both patties for City to design and <br />construct the entire Westminster Avenue Sewer Project and for District to reimburse City <br />for District's fair share proportionate cost of such design and construction. <br />D. City has prepared, and District has reviewed and approved, the plans and specifications <br />for construction of the Westminster Avenue Sewer Project (referred to internally by City <br />as "Project No. 12-6605 Westminster Avenue Sewer Main Improvements"), which plans <br />and specifications incorporated into this Agreement by reference ("the Plans and <br />Specifications"), <br />E. The Parties' respective fair share proportion of the cost of the Westminster Avenue Sewer <br />Project is based on the Parties' respective estimated ultimate average flows from the areas <br />tributary to the segments of the shared sewers to be constructed as part of the <br />Westminster Avenue Sewer Project, which tributary areas are depicted on Exhibit "A" <br />attached hereto, and which flows are prorated as calculated and shown on Exhibit "B" <br />attached hereto. <br />The estimated total final cost of the Westminster Avenue Sewer Project, including <br />engineering and construction costs is One Million Five Hundred Twenty Thousand <br />1 912756.1 <br />A-2013-098