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25G - AGMT - DELHI PROJECT
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25G - AGMT - DELHI PROJECT
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6/30/2016 4:02:09 PM
Creation date
6/30/2016 2:32:21 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25G
Date
7/5/2016
Destruction Year
2021
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the comments or items, NEWPORT BEACH shall have its Project Representative provide <br />written approval to SANTA ANA that the Facilities have been constructed in accordance with <br />the Approved Plans or are otherwise acceptable. <br />4.6 Contribution <br />4.6.1 Within forty (40) days of the execution of this Agreement, NEWPORT BEACH shall <br />deposit a lump sum amount of ONE MILLION, FIVE - HUNDRED THOUSAND DOLLARS <br />and 00/100 ($1,500,000.00), as established per Exhibit C3, into the Project Fund Account. <br />4.6.2 After exhaustion of the Initial O &M Deposit, NEWPORT BEACH agrees to contribute <br />to long term O &M costs per its joint proportionate share as specified in Exhibit C2. <br />SECTION 5 <br />RESPONSIBILITIES OF COSTA MESA <br />5.1 General Responsibilities <br />COSTA MESA shall review the Project plans and financially contribute toward the Project Fund <br />as shown in Exhibit C2. In furtherance of the Project, Costa Mesa may include the installation <br />of a segment of the Project's force main in conjunction with one of their City's current <br />construction contracts. In this case, costs to construct this portion shall off -set its financial <br />contribution shown in Exhibit C2. Upon completion of the Project, COSTA MESA shall take <br />ownership, ongoing long -term O &M responsibilities for the Project force main or pipeline, <br />excluding those portions which are part of the Facilities located on OCFCD, COUNTY and/or <br />JWA right -of -way. <br />5.2 Environmental Review / Permitting. <br />COSTA MESA shall comply with all of the commitments and conditions set forth in the <br />environmental documentation, enviromnental permits, approvals, and applicable agreements <br />obtained for the Project as those commitments and conditions apply to its responsibilities under <br />this Agreement. Notwithstanding the foregoing, COSTA MESA through its designated Project <br />Representative shall review and approve all permit conditions and other resource agency <br />approvals that affect the construction and O &M of those portions of the Facilities not on <br />OCFCD, COUNTY and /or JWA right -of -way as to its respective compliance with applicable <br />Regulations. <br />5.3 Design <br />COSTA MESA shall review all draft and final Project design reports, and PS &E submitted for <br />its approval and have its Project Representative respond in writing to SANTA ANA in a timely <br />manner. Subsequent to approval of the final design, any material design change variance shall <br />require mutual approval by the Project Representatives. <br />Santa Ana -Delhi Channel Diversion Project Agreement D15 -013 <br />25G -28 <br />Page 24 of 74 <br />
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