FULL AGENDA PACKET 2021-06-15 - Laserfiche WebLink

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on the Property, the City, inclusive of its officials, employees, agents, comractors, and subcontractors, shall be provided reasonable access to the Well Blowdown Conveyance Pipeline, preferably within one business day of any request, likewise Ibr inspection, sampling, and/or Lesling. In the event ofan emergency, the City shall conlaet Mesa WaLCI's ctne-gency line at (949) b31-1200 to arrange for immediate access to areas on the Property- . Section 6. Emergency Repairs. In the event Mesa Water tails to accomplish the. Maintenance Obligations contetmplated by this Agreement, within live (5) days of being given written notice by the City, the City is hereby authorized to cause any of the necessary Maintenance Obligations to be done and charge the entire cost and expense to Mesa Water, including administrative costs. Section 7. Encroachment Pel'LYlif Requirements. Mesa Water acknowledges that Ibr any work on the Wcll Blowdown Conveyance Pipeline taking; place in the City streets and/or sidewalk right-of-way, Mesa Waterwillbe required to obtain an enerirachment permit fi-om the City, based on the then -applicable requirements. Section 8. Termination. "I'he Agrccmcnt shall remain in effect while the Project is in operation on the Property, and shall terminate when the Project is closed and/or abandoned by Mesa Water, at which point Mcsa Water- shall take mcastu-es to remove the Wcll Blowdown Conveyance Pipeline and restore the right of -way to otiginal conditions. Section 9. Recordation. This Agn-eement shall be recorded in the Office of the Recorder of Orange County, California, at the expense of the Mesa Water and shall constitute notice to all successors and assigns of the title to said Property, if any, of the obligation herein set forth. Section 10. Successors and Assittns. Mesa Water and the City agree that this Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of Mesa Water and the City. Section 11. Covenant to Run with the Land. It is the intent of the parties hereto that burdens and bcncl'its herein Lndertakcn shall constitute covenants that ran with said Property and constitute a lien there against. Section 12. Time is of the Esscnce. Time is of the essence in the performance of this Agreement. Section 13. Reuresenlalion by Independent Counsel. Both Parties a6 rcc and acknowledge they have had the opportunity to review the Agreement and otherwise discuss the matters contained herein with legal counsel. Additionally, each Party has had the opportunity to cooperate in the drafting and preparation of this Agreennenl_ Hence, in any cxmsuuction to be made oCLhis Agrccmcnt, the stone shall not bec eonsu-ucd against any Party - Section 14. Authority to Execute Agreement. Each of the Parties warrants and repicsents that they have fulfilled all corporate and munieipal lornialitics to enter into this Agreement and be bound by the terms of this Agreement. Each of the signatories warrants and represents that each ofthe n has hinding authority of the entity on whnse behalf he/she, is signing this Agreement. Further, the Parties agree to take, or cause to be taken, all action and City Council - 3 - 27 — 6 6/15/2021