HomeMy WebLinkAboutMESA WATER DISTRICT1f;asriFii DUIPED
�11f 'POCEF) Return ORIGINAL
executed copy to COTC,
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Recording Requested by and
Return to:
MESA WATER DISTRICT
Attn: General Manager
1965 Placentia Ave.
Costa Mesa, CA 92627
APN: 415-024-17 Space above this line for Recorder's Use
bl Mavl�tle (z) No recording fee per Gov't Code 6103
A-2021-098
WATER WELL BLOWDOWN WATER
CONVEYANCE PIPELINE MAINTENANCE AND
INSPECTION AGREEMENT
BETWEEN THE CITY OF SANTA ANA AND
MESA WATER DISTRICT
SUBJECT PROPERTY
3120 S CRODDY WAY
SANTA ANA, CA 92704
Mesa Water: MESA WATER DISTRICT
APN: 415-024-17
THIS AGREEMENT is made and entered into on this 844 day of Tv 2021, by and
between the MESA WATER DISTRICT, a county water district organi e�isting pursuant
to California Water Code Section 30000 et. seq. (hereinafter, "Mesa Water"), and the CITY OF
SANTA ANA, a municipal corporation, located in the County of Orange, State of California
(hereinafter, "City"). The City and Mesa Water® may herein also be referred to individually as
"Parry" or collectively as "Parties."
RECITALS
A. Mesa Water certain owns real property located at 3120 South Croddy Way, identified as
Orange County Assessor Parcel No. 415-024-017, located in the City of Santa Ana, County of Orange,
State of California (hereinafter, "Property"), more specifically described in Exhibit "A" and depicted in
Exhibit `B", each of which exhibits is attached hereto and incorporated herein by this reference.
B. Mesa Water is in the process of constructing its Croddy Well 14 Project ("Project") on
the Property, to provide reliable drinking water to its customers. The Project includes the construction of
a conveyance pipeline to the City of Santa Ana storm water catch basin for the water produced during
well startup and shutdown ("Well Blowdown Conveyance Pipeline") extending from the Property into the
City right-of-way on Croddy Way. Specifically, within the City right-of-way, Mesa Water will be
constructing, with respect to the Well Blowdown Conveyance Pipeline, approximately 500 linear feet of
18-inch diameter PVC and 500 linear feet of 4-inch diameter sump outlet pipe.
C. In conjunction with the Project, and specifically the Well Blowdown Conveyance
Pipeline, Mesa Water and the City have agreed that Mesa Water is required to perform certain regularly
required maintenance or replacement to ensure the efficient function of such improvements, including: (1)
vacuuming the low point of the 18" storm drain line, as needed for vector control; (2) annually testing the
sump pump per Mesa Water Standard Operating Procedure ("SOP") 45; (3) maintaining the 2" PVC ball
valve, 2" brass swing check valve, and 4" shut-off valve per the equipment maintenance manual; (4)
quarterly inspecting and, as necessary, replacing the check valves in the catch basin; and (5) performing
and otherwise complying with vector control requirements, set forth by the Orange County Mosquito and
Vector Control District, as relevant to the Well Blowdown Conveyance Pipeline (hereinafter,
"Maintenance Obligations").
D. Though extending into the City right-of-way, the Well Blowdown Conveyance Pipeline
shall be considered a private facility with all maintenance or replacement therefore the sole responsibility
of Mesa Water in accordance with the terms of this Agreement.
The Parties agree as follows:
AGREEMENT
Section 1. Construction of Well Blowdown Conveyance Pipeline Mesa Water
shall construct the Well Blowdown Conveyance Pipeline pursuant to Mesa Water's approved
plans and specifications.
Section 2. Maintenance of Well Blowdown Conveyance Pipeline. Mesa Water
shall be responsible for the performance of the Maintenance Obligations, as defined herein, and
shall, as may be requested from time to time by the City, provide the City with documentation
identifying the maintenance performed.
Section 3. Compliance with Applicable Clean Water Requirements. Mesa
Water shall be required to comply with any and all clean water requirements applicable to the
Well Blowdown Conveyance Pipeline, including requirements associated with any applicable
National Pollutant Discharge Elimination System ("NPDES") permit and/or local and regional
discharge requirements, as such may be amended from time to time.
Section 4. Replacement of Well Blowdown Conveyance Pipeline. Mesa Water
shall be responsible for replacing the Well Slowdown Conveyance Pipeline, inclusive of its
component valves and related appurtenances, when reasonably necessary at the end of its useful
life, unless or until such time as this Agreement is terminated as provided in Section 8.
Section 5. City Access for Inspections and Repairs. The City, as to those
components located within the City right-of-way, shall have complete access to such
components for purposes of inspection, sampling, and/or testing. As to any components located
on the Property, the City, inclusive of its officials, employees, agents, contractors, and
subcontractors, shall be provided reasonable access to the Well Blowdown Conveyance
Pipeline, preferably within one business day of any request, likewise for inspection, sampling,
and/or testing. In the event of an emergency, the City shall contact Mesa Water's emergency
line at (949) 631-1200 to arrange for immediate access to areas on the Property.
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Section 6. Emergency Repairs. In the event Mesa Water fails to accomplish the
Maintenance Obligations contemplated by this Agreement, within five (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 Permit Requirements. Mesa Water acknowledges that
for any work on the Well Blowdown Conveyance Pipeline taking place in the City streets
and/or sidewalk right-of-way, Mesa Water will be required to obtain an encroachment permit
from the City, based on the then -applicable requirements.
Section 8. Termination. The Agreement 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 Mesa Water shall take measures to remove the Well Blowdown
Conveyance Pipeline and restore the right of way to original conditions.
Section 9. Recordation. This Agreement 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 Assigns. 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 benefits herein undertaken shall constitute covenants that run with said
Property and constitute a lien there against.
Section 12. Time is of the Essence. Time is of the essence in the performance of this
Agreement.
Section 13. Representation by Independent Counsel. Both Parties agree 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 Agreement. Hence, in any construction to be
made of this Agreement, the same shall not be construed against any Party.
Section 14. Authority to Execute Agreement. Each of the Parties warrants and
represents that they have fulfilled all corporate and municipal formalities to enter into this
Agreement and be bound by the terms of this Agreement. Each of the signatories warrants
and represents that each of them has binding authority of the entity on whose behalf he/she is
signing this Agreement. Further, the Parties agree to take, or cause to be taken, all action and
to do, or cause to be done, all things necessary, proper, or advisable under applicable laws and
regulations to consummate and make effective the terms and conditions of this Agreement.
-3-
Section 15. Notice. Any notice to a party required or called for in this Agreement
shall be served in person, or by deposit in the U.S. Mail, first class postage prepaid, to the
address set forth below. Notice(s) shall be deemed effective upon receipt, or seventy-two (72)
hours after deposit in the U.S. Mail, whichever is earlier. A party may change a notice address
only by providing written notice thereof to the other party. Notice shall be sent to, unless
changed in writing by the respective party:
IF TO THE CITY:
Daisy Gomez, Clerk of the Council
City of Santa Ana
20 Civic Center Plaza, M-30
Santa Ana, CA 92702
With Copy To:
Nabil Saba, P.E., Executive Director
City of Santa Ana
20 Civic Center Plaza M-21
Santa Ana, CA 92702
IF TO MESA WATER:
Tracy Manning, Water Operations
Mesa Water District
1965 Placentia Ave.
Costa Mesa, CA 92627
Section 16. Severability. If by operation of law, order of a court of competent
jurisdiction, her reason, it is determined that any Section, Subsection, clause or other
provision of this Agreement is illegal, null, void, invalid, unenforceable or in violation of
public policy, the remaining Sections, Subsections, Clauses and other provisions of this
Agreement shall not be affected thereby and shall continue in full force and effect to the extent
that the invalidity or unenforceability does not impair the application of this Agreement as
intended by the parties.
Section 17. Entire Agreement. This Agreement contains the entire understanding
and agreement between the Parties with respect to the matters set forth herein. No other
representations, covenants, undertakings or other prior or contemporaneous oral agreements
respecting such matters which are not specifically incorporated herein shall be deemed in any
way to exist or bind any of the Parties. The Parties, and each of them, acknowledge that they
have not executed this Agreement in reliance on any such promises, representations, or
warranties.
Section 18. Modification of Agreement. This Agreement shall not be modified by
any Party by oral representation made before or after the execution of this Agreement. All
modifications must be in writing and signed by the Parties.
Section 19. Governing Law. This Agreement is entered into, and shall be
construed and interpreted, in accordance with the laws of the State of California.
Section 20. Titles and Captions. Paragraph titles and captions in this Agreement
are inserted only as a matter of convenience and for reference and in no way define, limit,
extend, or describe the scope of this Agreement or the intent of any provision thereof.
M
Section 21. Counterparts. This Agreement may be executed in counterparts. Each
of the counterparts when so executed and delivered, shall be deemed an original and, taken
together, shall constitute one and the same instrument.
IN WITNESS THEREOF, the parties hereto have affixed their signatures as of the date
first written above.
q'o Y OF SANTA ANA
Kristine Ridge, City Manager
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Date
APPROVED AS TO FORM:
Al 'q. Is::: It
pvsk Cit it(
ATT
By:
Daisy
Clerk of the Council
006315,00001
32407328.9
MESA WATER DISTRICT
�)r"N 9) /Z Z--1--
Paul E. ho n g ., neral
Manager
Date
APPROVED AS TO FORM:
ATKINSON, ANDELSON, LOYA,
-5-
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF
COUNTY OF D/ )
On Jt4- I L/ AP 20 before me, 414SO0 1T�t Ga "ff) A/ 1Z N 14abliZ,
personally appeared au L 1 �l Deis Q/z Py who proved to
me on the basis of satisfactory evidence to bdAe person(J3'J whose name(' is/ve subscribed to the within
instrument and acknowledged to me that he/�lae/t wy executed the same in his/b0f)3eir authorized
capacity, and that by his/her/tlir signature(kon the instrument the person
,(,%)r or the entity upon behalf
of which the personX acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
ALISON JOY WADE
iq Notary Public • California
Orange County f
Commission N 2238901
My Comm. Expires May 18, 2022
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of Orange )
On July 26, 2021 before me, Claudia M. Fernandez -Shaw, Notary Public
(insert name and title of the officer)
personally appeared Steven A. Mendoza
who proved to me on the basis of satisfactory evidence to be the personA whose name
subscribed to the within instrument and acknowledged to me that a execute the same in
el uthorized capacity{ks}-and that by(fg h i� signature(�ron the instrument the
persons4, or the entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
CLAUDIA M. FERNANDEZ"SHAW
WITNESS my hand and officials I. Notary Public—Caummia
` c orance County
Commission # 2226064
/� My Cemm. €xBires den 25, 2022
c r
IOariU �\ ^ (Seal1
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF
COUNTY OF
On , 20, before me,
, personally appeared , who proved to
me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
Notary Public
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EXHIBIT A
The real property described as:
PARCEL 2, AS SHOWN ON A PARCEL MAP FILED IN BOOK 139, PAGES 10 AND 11 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
Orange County Assessor Parcel No.: 415-024-17
Ex. A-1
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