Loading...
HomeMy WebLinkAboutCOSTA MESA COUNTY WATER DISTRICTAGREEMENT FOR CONSTRUCTION, OPERATION, AND MAINTEETIANCE OF FACILITIES FOR E14ERGENCY INTER -CONNECTION BETWEEN THE COSTA MESA COUNTY L rT TER DISTRICT AND THE CITY OF SANTA ANA . THIS CONTRACT, made and entered into by and between the CITY OF SANTA AIM, a municipal, corporation, hereinafter referred to as SANTA ANA, and the COSTA MESA COUNTY WATER DISTRICT, hereinafter referred to as DISTRICT, WITN1'i' SSETH WHEREAS there is presently a need to have an emergency water supply interconnection at the follovri.ng locations: (A) on Sunflower Avenue, near Harbor Blvd. and (B) on Sunflower Avenue near Bear Street WHEREAS such emergency water supply interconnection does not presently exist, NOW TIMREFORE, IT IS AGREED AS FOLLOWS: (1) Statement of the Work it is agreed that the Managers of each agency will personally or by designated representative arrange for the construction of the facilities. Each agency shall either provide the material and Labor or pay for one-half the cost of such connection. (2) maintenance and Use The testing, management and control of each interconnection shall be managed by the Managers of each agency, or their delegates. It is contemplated by the parties that -these facilities shall be used only in the case of a failure of either party's supply of water and that such loss would preclude either party from obtaining sufficient water through or from .its respective source. (3) Emergency Use Should a failure of water supply of both agencies occur simultaneously, the emergency inner -connection is to remain closed unless the managers of both agencies are able to make an equitable allocation of the water available to each agency and permit the interconnection to be opened and to function. In any event, if the managers are unable to agree on the operation of this emergency miter --connection, or if it appears that one of the agencies will be without a water supply to the area which could be served by this emergency inter -connection for such a length of time as to threaten the capacity of the supplying agency, District and City agree to hold individual or joint meetings of the Board of Directors and the City Council, within seventy-two (72) hours after request for such a meeting. A request for emergency service shalla be made by oral communication from City to District or District to City, as the case may be, to the respective Manager thereof, or by sending a telegram addressed to either, as .follows: - 1 - costa mesa County water District 77 Fair Dri,a, Costa Mesa, California 92626 City of Santa Ana City EN11 Ibird and Main Streets Santa Ana, California 9270.1 Such requests shall be caqp.lic.d aait iramediately by said respective Ranagems., (4) Payment for Water Obtained. G,,�ate,r c,�btained by either District or (.,.i.ty [.­.h.roucJ,,h t".1a.-LS cmergemcy inter -connection shall be paid:[;ear by the agency receiving same at Lhe thon e:xisting cost to such agency. Except as provided for harein J.or paa,rynenL for water obtained, no charge shall be made fox the use of any facilities consLructed as part of this emergency inter -connection. (5) Relationship of the an+d Other Expenses incurred. This Agreement is made and entexed into solely for the purpose of accomplishing the mutually desired beneficial result of an increasingly, dependable water supply through this emaygency inter -connection. It is agreed that this emergency inter-conmr ,ction or the use of water there- Kom shall not constitute anything other than a temporazy accammodation and shall not be considered as permanent source of supply, nor shall any rights accrue or allege to be accruing from the use of this emergericy inLex-cannecUon from time to time by eiLher party. CA Texmination and Attorney's Fees This Agreement may be terminated at any Ume by either party upon giving the other party one year's wirtten notice prior to such termination. Should eiLher party incur attorneys' fees in enfoycinq or protecUng the provisions of this Agreement against the other, it is agyeed that reasonable attorneys' fees will be paid by the party, found to be in default. (7) signor's AuLhorization: Bach agency does hereby covenant that each individual executing this ngreement in behaIf of each party is a person duly authorized and empowered to execute contracts for such party. IN WITNESS THEREOF, the parties hereto have set their hands the day and yeax as is written below: ATTESTATIOM: Florence 1. Malone Clerk of the Council. APPROVED AS "IV ITIAN: T7 L.' City AHorney CITY oil.? SPJRI'A. Aip-i a man:tcipal corporation By. .......... ivia% or. of tl-.V,e (city, of Santa aAna COSTA 1VIESA C01JNTY WATER DISTRICT' 1�y President By Secretary