HomeMy WebLinkAboutCOSTA MESA COUNTY WATER DISTRICT (3)AGREEMENT FOR TEMPORARY WATER
INTER-CON14ECTION BETWEEN THE
CITY OF SANTA ANA AND THE
COSTA MESA COUNTY WATER DISTRICT
THIS AGREEMENT made and entered into thislElt,.day of
S rau p,V y , 1976 by and between the CITY OF SANTA ANA,
a municipal corporation of the State of California ("CITY"), and
the COSTA MESA COUNTY WATER DISTRICT, incorporated according to
the laws of the State of California ("DISTRICT"),
W I T N E S S E T H:
Recitals:
r
1. DISTRICT has an existing need for a water supply in
the vicinity of Sunflower Avenue and Timber in the City of Costa
Mesa, California, by reason of the fact that DISTRICT has customers
located in said vicinity but has no facilities of its own at said
location from which said customers might be supplied.
2. CITY has a water main in said vicinity from which
DISTRICT'S said customers may be supplied, and CITY'S water supply
is sufficient, at the present time, to enable CITY to supply
DISTRICT with water for said purpose. DISTRICT intends to pro-
vide its own facilities to furnish water to its said customers
within two years from the date hereof.
WHEREFORE, in consideration of their mutual promises,
and subject to all of the terms and provisions hereof, the parties
do hereby agree as follows:
A. CITY agrees to permit DISTRICT to install a two inch
pipeline interconnection between CITY'S water main in Sunflower
Avenue, together with a meter, and to withdraw water from CITY'S
said main for such period of time, not to exceed two years from
and after the date hereof, as may be necessary to meet the require-
ments of DISTRICT'S said customers in the vicinity of Sunflower
Avenue and Timber Street.
B. DISTRICT agrees to install said facilities, at
its sole cost and expense, and to pay to CITY from time to time
during the term hereof such charges as shall be produced by
multiplying the quantity of water extracted by DISTRICT from CITY'S
said main by CITY'S rates for water service outside the geographic
limits of CITY, as the same now exist or may be amended by the City
Council of the CITY during the term hereof. DISTRICT recognizes and
agrees that said rates for services outside the geographic limits
of CITY are double the rates charged by CITY to its customers within
the geographic limits of CITY.
C. DISTRICT agrees that, upon the expiration of two years
from and after the date hereof, or sooner if DISTRICT has then
constructed its own facilities to enable it to furnish water to
its said customers, at its sole cost and expense, DISTRICT shall
remove or disconnect said pipeline and meter from CITY'S said
water main and restore said water main to good and servicable
condition.
D. DISTRICT agrees to indemnify and hold harmless CITY,
its officers and employees, from any and all loss or damage, and
from any and all liability for any and all loss or damage, and
from any and all suits, actions and claims filed or brought by
any person or persons because of or arising out of any performance
or failure to perform, any or all things necessary to or required
to be done by DISTRICT pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement the day and year first above written.
ATTEST: CITY OF SANTA ANA, a municipal
FLOPINC'�: L MALONL, corporation of the State of California
Clerk of the Councils By
YOR
APPROVED AS TO FORM:
Keith L. Gow, City Attorney
ATTEST:
Secetafry to Costa Mesa County
Water District
APPROVED PS -'-'TO FORM:
,'C&unsel for"Costa Mesa County
Water District
COSTA MESA COUNTY WATER DISTRICT
13,,,--P,te,sident, BoaAd o� Di, iectoA6
2. 1,