VISTA DEL RIO HOUSING PARTNERS, L.P.

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A-2009-214-04 AGREEMENT FOR PROVISION OF SEWER SERVICES This AGREEMENT, dated for purposes of identification only this eday of March, 2012, is made and entered into by and between the CITY OF SANTA ANA, a Charter City and intmicipal corporation (hereinafter referred to as "SANTA ANA"), VISTA DEL RIO HOUSING PARTNERS, LP, a California limited partnership (hereinafter referred to as "VISTA DEL RIW') and ,the CITY OF ORANGE, a municipal corporation (hereinafter referred to as "ORANGE"), with reference to the following: A. SANTA ANA and ORANGE each own and operate sewer systems within their respective jurisdictional boundaries that are contiguous to each other. B. SANTA ANA and ORANGE agree that, due to the location and capacity of their respective sewer systems and under certain limited circumstances, it is mutually beneficial for either SANTA ANA or ORANGE to provide sewer service within the other's respective jurisdictional boundary. C. A new development in SANTA ANA called VISTA DEL RIO is located within the jurisdictional boundaries of SANTA ANA, located on the south side of Garden Grove Boulevard adjacent to the Santa Ana River, at 1600 N. Memory Lane. The boundary between ORANGE and SANTA ANA is along the southerly right of way line of Garden Grove Boulevard, and adjoins the VISTA DEL RIO project. D. It is impractical for VISTA DEL RIO to receive sewer service from the SANTA ANA sewer system. The ORANGE sewer system has a mainline in Garden Grove Boulevard which is readily accessible and immediately adjacent to the VISTA DEL RIO project. E. SANTA ANA hereby acknowledges and agrees that, notwithstanding that ORANGE will provide sewer service to VISTA DEL RIO under the terms and provisions of this Agreement, VISTA DEL RIO, in accordance with ORANGE and SANTA ANA's standard procedures, will construct, inspect, maintain and assume ownership of, and complete responsibility for, that portion of the private sewer lateral from the connection with the ORANGE sewer mainline in Garden Grove Boulevard. VISTA DEL RIO shall also be responsible for the construction and dedication to ORANGE of the sewer main extension. F. The existing ORANGE sewer mainline and facilities located in Garden Grove Boulevard would serve VISTA DEL RIO subject to the construction of the sewer main extension and private sewer lateral, and ORANGE is willing and able to provide sewer service to VISTA DEL RIO in accordance with the "Will Serve Letter", dated July 22, 2008, attached hereto as Exhibit A, and subject to the terms and conditions of this Agreement. G. The provision of sewer service by ORANGE to VISTA DEL RIO pursuant to the terms and conditions of this Agreement will not adversely impact sewer service to surrounding ORANGE and SANTA ANA customers or result in a significant burden on ORANGE or loss of revenue to SANTA ANA.