HomeMy WebLinkAboutORANGE, COUNTY OF (47)2
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Manchester Avenue Complex
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WATER SUPPLY AGREEMENT
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THIS AGREEMENT is made this day of 1975, by and between
H the COUNTY OF ORANGE, hereinafTir referr&-to as -"COUNTY"", and the CITY
OF SANIA ANA, hereinafter referred to as "CITY".
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R E C I T A L S
14 a 1. COUNTY has plans for expansion of its Youth Guidance Center, herein-
after referred to as "Facility", located within the limits of CITY.
15 2. CITY owns and operates a municipal water system and provides water
16 service to the existing Facility.
17 3. The expansion of Facility will require that CITY'S water system fire
flow to Facility be increased from 1,500 gallons per minute to a fire
18 flow of 3,500 gallons per minute.
19 4. COUNTY and CITY both desire to provide a safe, sanitary, and adequate
domestic and fire protection service to Facility.
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NOW, THEREFORE, it is mutually agreed as follows:
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1. CITY:
22 A� Shall design, construct, and maintain the water supply and dis-
23 tribution system, hereinafter referred to as "Improvements", to
furnish Facility with an adequate water supply that will satisfy
24 all existing CITY requirements for design flow. Design flow is
defined as 3,500 gallons per minute fire flow plus the maximum day
25 flow rate for the existing and other reasonably contemplated build-
ings that will use these Improvements. The construction shall be as
26 generally described in Exhibit A, attached hereto and made a part
hereof. Said design, construction, and maintenance shall be in
27 accordance with all applicable codes and standards and all work
shall be performed in a workmanlike manner. The location of said
28 Improvements shall be generally as shown on Exhibit 8, attached
hereto and made a part hereof. CITY'S plans and working drawings
29 shall be submitted to COUNTY for approval prior to commencement of
any construction of Improvements.
30 B. Shall furnish COUNTY with easily reproducible "as -built" drawings
31 showing the Improvements as constructed. Said drawings shall show
the location and nature of Improvements, connections to existing
32 water facilities, and location and nature of any utilities encoun-
tered during design and construction.
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035
1 C. Shall, upon completion of said Improvements, prepare a fifteen -
foot -wide Pipeline Easement for that portion of Improvements on
2 COUNTY property based on the "as -built" location. Said Pipeline
Easement shall be in the form as attached hereto as Exhibit C.
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D. Shall complete construction of said Improvements within fifteen
4 (15) months from the date of this Agreement.
5i E. Shall indemnify COUNTY, its employees, agents, or representa-
tives and holm them harmless from the acts of CITY, its employees,
6 agents, or representatives, and shall defend COUNTY, its employees,
7; agents, or representatives from all liability, claims, demands, and
actions for damages or injuries to persons wherein it is -alleged
that liability exists by reason of acts or omissions of CITY, its
8 employees, agents, or representatives, arising out of or alleged to
arise out of CITY'S construction of Improvements as required herein.
II. COUNTY:
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A. Shall review the working drawings and plans submitted by CITY in
11 accordance with Clause I -A above, prior to any construction of Im-
provements. COUNTY shall have the right to request alterations in
12 the construction plans if it deems that those alterations are re-
quired to insure adequate design flow from Improvements.
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B. hereby grants to CITY, its agents or representatives, the right
14 to enter Facility for the purposes of accomplishing the construction
of Improvements as required above. This right of entry conveys no
15E right to enter or alter any existng buildings or structures in
Facility. This right of entry shall expire upon published Notice
16 i of Completion of construction of said Improvements.
17 C. Shall, upon completion of the construction of said Improvements,
grant to CITY the Pipeline Easement prepared in accordance with
18 Clause I-C above.
19 D. Shall pay to CITY the actual cost of construction of Improvements
plus 10% for engineering and design incurred by CITY within sixty
20 ( 60 ) days after:
21 (1) The construction of Improvements has been completed and
the CITY Fire Marshal has determined that an adequate water
22 supply is being provided to Facility.
23 (2) CITY has submitted to COUNTY bills showing the actual cost
for work completed; and
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(3) COUNTY has determined that said bills are reasonable for
25 the work performed thereunder.
26 E. For the purposes of granting notices, approvals, or consent
required in Clauses I -A, II -A, and II-D-(3), designates the Director,
27 General Services Agency, as its agent.
28 1I1. It is mutually understood and agreed that:
29 A. It is contemplated that owners of property adjacent to improve-
ments may have the need or desire to connect to said Improvements in
30 the future. In the event that any such connections are made, they
shall be at no cost or expense to COUNTY and CITY shall reimburse
31 COUNTY for a proportionate share of the construction cost of said
Improvements. Said reimbursement for the first additional connec-
32 tion to Improvements shall be made as follows:
31A-9-2,3
11.035 -2-
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R(L X C
Wherein R = Amount of reimbursement for the first additional
connection
L = Lineal feet of Improvements from Point of Beginning
to the point of the first additional connection
Point of Beginning of Imprvements is shown on Exhibit B.
C = Lineal cost of construction, based on charges to COUNTY
evidenced by bills submitted and approved in accordance
with Clause II-C above.
Said reimbursement shall be paid by CITY to COUNTY within sixty (60)
days of completion of the connection for said additional user.
Any subsequent connections to Improvements shali be calculated as
follows:
ri n Ll ri -2) (C +
2 1
rj_
Y L L -L _ R
3) C) + 11n(C) n-1
n = number of connections to Improvements, not including COUNTY'
R = the amount of reimbursement due COUNTY for the nth connectioi
n into Improvements.
L L , L , L , etc. = the lineal feet of Improvements from
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the Point of Beginning of Improvements to the first, second,
third, and nth connection respectively, arranged from connec"
Lion closest to the Point of Beginning to the connection
farthest from the Point of Beginning.
R = the accumulated total reimbursement already paid to COUNTY
n-1 for all connections prior to the nth connection.
C = cost of Improvements as defined above.
8. Interconnections between the proposed Improvements and existing
City Improvements shall not be cause for reimbursement by the CITY.
C. All notices, requests for payments, approvals, or consent pursuant
to this Agreement shall be addressed as set forth below or as either
party may hereafter designate by written notice and shall be sent
through the U. S. Mail.
TO: COUNTY TO: CITY
Director, General Services Agency City of Santa Ana
445 Civic Center Drive West Department of Public Oorks
Santa Ana, California 92701 20 Civic Center Plaza
and Santa Ana, California 9201
Real Property Services
400 Civic Center Drive West
Santa Ana, California 92101
31A-9-4,5
11.065 -3-
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mmmamvmvFmmwv.
W. E. ST JOHN, County Clerk of
the County of Orange and ex
officio Clerk of the Board of
Supervisors of Orange County
By
APPROVED AS TO FORM:
Adrian Kuyper
County Counsel
By
RECOMMENDED FOR A�PROVAL:
General Services Agency
By Douglas H. Beetham
a
operty'wrV
CITY
CITYOF SANTA ANA
By___
Jo i G.rthe, 4 yor
mck 1.
By
Clerk of the Counici-
COUNTY
COUNTY OF ORANGE
By
WADO 0,4, "P pwamdd"I'V�'
K 771 L. GOVVI
�!y At Nnmey
31A-9-6
10.305
S y S
DEPAfR tjlENT OFPLIBLICWORKS (714) 834-4142
` 20 CIVIC CENTER PLAZA SANTA ANA "� CALIFORNIA 92701
f
July 2, 1975—
Mr. Clifford W. Ensley, Project Engineer
County of Orange
Building Services Department
628 Borth Sycamore Street
Santa Ana, CA 92701
SUBJECT: ORANGE COUNTY YOUTH GUIDAINCE CENTER WATER MAIN FOR FIRE PROTECTION
The proposed expansion of the Orange County Youth Guidance Center on E:esperian
Street will require a fire flow of 3500 gpm. Fire.flow tests by the Santa Ana .
Eire Department indicate a present capacity of 1500 gpm from the eight --inch
water main in Bristol and Hesperian Streets. The additional capacity required
can be provided by installing a 12-inch water main in Bristol Street from . .
Memory Lane to Hesperian Street via the La Ueta offramp. The additional water
main will provide a looped system adequate to supply 3500 gpm for fire flow
add i t ion to the domresti c water demands.
The estimated cost for the water main and required additional services is:
12" A.C. water main 2800' @ $13/ft $36,400
Cut and replace pavement 2800' @ $6/ft 16,800
53,200
Contingencies 10% and Engineering 10%. _�_�_0,640
63,840..
4" water service 2,100
10" x 12" fir service 3,600
69,540
Rounded $70,009
The installation will be made at cost. The City of Santa Ana can do the
work against a County of Orange purchase order. Progress statements will be
required because of the large amount.
A reimbursement 1greement will be provided for the possibility of other
connections to this water main. Proposed developments within the freeway \\ E
complex could take advantage of the availability of this water main; so \ f
they should share in the cost of installation. The proportionate share. \
would be in proportion to the benefits received.
Sincerely, _ \
Walter D. Schraufi
Senior Civil Engineer
Water Engineering Section
EXHIBIT AI
GENERAL ZQCATIdN �'1 `
DOMESTIC WATER SERVICE' f
AND FIRE SERVICE
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WATER MAIND,
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COUNTY OF ORANGE
DEPARTMENT OF REAL PROPERTY SERVICES
EXHIBIT B
GENERAL LOCATION MAP
FIRE PROTECTION WATER MAIN
TO YOUTH GUIDANCE CENTER
PM 1118.-41
DRAWN UY. �.l•.=. JAPPROVED :3Y-
OA7LDRAWING NO.
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EASEMENT DEED AqD AGREEMENT
This Easement need and Agreement is made this day of
19 , by and between COUNTY OF ORANGE, hereinafter referrea to as
"GRANTOR", and CITY OF SANTA ANA, hereinafter referred to as "GRANTEE".
For a valuable consideration, receipt of which is hereby acknowledged,
GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement
and right of way to use, maintain, repair, and inspect an underground
water pipeline and incidental facilities in, on, under, and through that
certain real property (hereinafter referred to as "Easement Area")
described in "Exhibit A", attached hereto and made a part hereof.
It is understood and agreed by the parties hereto and their successors
and assigns, that said easement and right of way herein granted 'shall
be subject to the following terms and conditions:
I. CONSTRUCTION AND MAINTENANCE, (E 2.1 N)
GRANTEE agrees that, at no time, shall any improvements be constructed
within the Easement Area, other than those improvements for which this
Easement is granted, without the prior written approval of GRANTOR'S
Director of the General Services Agency (hereinafter referred to as
"Director").
Should it be necessary for GRANTEE to disturb the surface of the Easement
Area for repair and/or maintenance of the facilities subsequent to the
completion of the initial installation of necessary facilities, GRANTEE
agrees to notify Director in advance of the location and extent of such
work, and to obtain Director's consent prior to commencement thereof.
Said consent shall not be withheld capriciously or unreasonably, nor
shall said consent be necessary in an emergency situation.
GRANTEE, and its respective contractors, agents, and employees, shall
have the right to cut such roots as may endanger or interfere with
said underground facilities and shall have free (reasonable) access
to the Easement Area and every part thereof, at all times, for the
purpose of exercising the rights herein granted; provided, however,
that any excavation shall be made in such a manner as will cause
the least injury to the surface of the ground around such excavation,
and that the earth so removed shall be replaced and the surface of
the ground restored to as near the same condition as it was prior
to such excavation as is possible.
II. RELOCATION (E 4.1 N)
GRANTEE, by acceptance of this Pipeline Easement, agrees that if said
facility placed hereunder shall at any time interfere with the use,
repair, improvement, or change of GRANTOR'S Youth Guidance Center,
GRANTEE shall within sixty (60) days after receipt of written notice
from Director, either remove said facilities or, subject to approval of
Director, relocate them to a site designated by Director. Said removal
or relocation shall be made at GRANTOR'S sole expense.
III. HOLD HARMLESS (E 5.1 S)
GRANTEE shall indemnify and save harmless GRANTOR, its officers,
62A-1-8,9
11.035
EXHIBIT C
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agents, and employees from and against all claims, demands, loss,
or liability of any kind or nature which GRANTOR, its officers,
agents, or employees may sustain or incur or which may be imposers
upon them or any of them for injury to or death of persons, or
damage to property as a result of, arising out of, or in any manner
connected with this Easement Deed, or with the use of the Easement
Area by GRANTEE, its officers, agents, employees, or invitees.
IV. DEFINITION OF "GRANTOR" (E 6.1 S )
The term "GRANTOR" shall mean the Board of Supervisors of the polit-
ical body which executed this document, or its authorized represent-
ative.
V. EXCEPTIONS AND RESERVATIONS (E 7.1 S)
EXCEPTING AND RESERVING unto GRANTOR, its successors and assigns,
such surface rights as will not interfere with or prohibit the com-
plete use by GRANTEE, its successors and assigns, of the rights and
easement herein granted., provided GRANTOR may not place or permit
any building or structure on the Easement Area or otherwise interfere
with the full enjoyment by GRANTEE of the easement hereby granted.
This Grant is subject to existing contracts, leases, licenses, easements,
encumbrances, and claims which may affect the Easement Area and the
use of the word "Grant" herein shall not be construed as a covenant
against the existence of any thereof.
VI. ATTACHMENTS TO DOCUMENT
The following are attached to this Easement Deed and are made a part
hereof:
EXHIBIT A - Legal Description (to be prepared in accordance
with Clause I C of Water Supply Agreement)
62A-1-10,11
11.065
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EXHIBIT C
Date
ATTEST:
W. E. ST JOHN, County Clerk of the County
of Orange and ex officio Clerk of the Board
of Supervisors of Orange County
By
Deputy
STATE OF CALIFORNIA
COUNTY OF ORANGE
On this — day of
said County and State, personally appeared
COUNTY OF ORANGE
By
Chairman, Board of Supervisors
1 19 —, before me, a Notary Public in and for
as —Chairman of the Board Of Supervisors of Orange County,
California, who is known to me to be the person described in and whose name is subscribed to the
within instrument, and acknowledged to me that he executed the same on behalf of said County of
Orange and as Such officer thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year in this certificate first above written.
APPROVALS
Approved as to form by
County Counsel on March 3, 1965
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