HomeMy WebLinkAboutCOSTA MESA COUNTY WATER DISTRICTAGREEMENT FOR CONSTRUCTION, OPERATION,
AND MAINTEETIANCE OF FACILITIES FOR
E14ERGENCY INTER -CONNECTION BETWEEN THE
COSTA MESA COUNTY L rT TER DISTRICT AND
THE CITY OF SANTA ANA .
THIS CONTRACT, made and entered into by and between the CITY OF
SANTA AIM, a municipal, corporation, hereinafter referred to as
SANTA ANA, and the COSTA MESA COUNTY WATER DISTRICT, hereinafter
referred to as DISTRICT,
WITN1'i' SSETH
WHEREAS there is presently a need to have an emergency water supply
interconnection at the follovri.ng locations:
(A) on Sunflower Avenue, near Harbor Blvd.
and (B) on Sunflower Avenue near Bear Street
WHEREAS such emergency water supply interconnection does not presently
exist,
NOW TIMREFORE, IT IS AGREED AS FOLLOWS:
(1) Statement of the Work
it is agreed that the Managers of each agency will personally
or by designated representative arrange for the construction of the
facilities. Each agency shall either provide the material and Labor
or pay for one-half the cost of such connection.
(2) maintenance and Use
The testing, management and control of each interconnection
shall be managed by the Managers of each agency, or their delegates.
It is contemplated by the parties that -these facilities shall be used
only in the case of a failure of either party's supply of water and
that such loss would preclude either party from obtaining sufficient
water through or from .its respective source.
(3) Emergency Use
Should a failure of water supply of both agencies occur
simultaneously, the emergency inner -connection is to remain closed
unless the managers of both agencies are able to make an equitable
allocation of the water available to each agency and permit the
interconnection to be opened and to function.
In any event, if the managers are unable to agree on the
operation of this emergency miter --connection, or if it appears that
one of the agencies will be without a water supply to the area which
could be served by this emergency inter -connection for such a length
of time as to threaten the capacity of the supplying agency, District
and City agree to hold individual or joint meetings of the Board of
Directors and the City Council, within seventy-two (72) hours after
request for such a meeting.
A request for emergency service shalla be made by oral
communication from City to District or District to City, as the case
may be, to the respective Manager thereof, or by sending a telegram
addressed to either, as .follows:
- 1 -
costa mesa County water District
77 Fair Dri,a,
Costa Mesa, California 92626
City of Santa Ana
City EN11
Ibird and Main Streets
Santa Ana, California 9270.1
Such requests shall be caqp.lic.d aait iramediately by said respective
Ranagems.,
(4) Payment for Water Obtained.
G,,�ate,r c,�btained by either District or (.,.i.ty [..h.roucJ,,h t".1a.-LS cmergemcy
inter -connection shall be paid:[;ear by the agency receiving same at
Lhe thon e:xisting cost to such agency. Except as provided for harein
J.or paa,rynenL for water obtained, no charge shall be made fox the use of
any facilities consLructed as part of this emergency inter -connection.
(5) Relationship of the an+d Other Expenses incurred.
This Agreement is made and entexed into solely for the purpose
of accomplishing the mutually desired beneficial result of an increasingly,
dependable water supply through this emaygency inter -connection. It is
agreed that this emergency inter-conmr ,ction or the use of water there-
Kom shall not constitute anything other than a temporazy accammodation
and shall not be considered as permanent source of supply, nor shall any
rights accrue or allege to be accruing from the use of this emergericy
inLex-cannecUon from time to time by eiLher party.
CA Texmination and Attorney's Fees
This Agreement may be terminated at any Ume by either party
upon giving the other party one year's wirtten notice prior to such
termination. Should eiLher party incur attorneys' fees in enfoycinq
or protecUng the provisions of this Agreement against the other, it
is agyeed that reasonable attorneys' fees will be paid by the party,
found to be in default.
(7) signor's AuLhorization:
Bach agency does hereby covenant that each individual executing
this ngreement in behaIf of each party is a person duly authorized
and empowered to execute contracts for such party.
IN WITNESS THEREOF, the parties hereto have set their hands the
day
and yeax
as is written below:
ATTESTATIOM:
Florence
1. Malone
Clerk of
the Council.
APPROVED AS "IV ITIAN:
T7
L.'
City AHorney
CITY oil.? SPJRI'A. Aip-i
a man:tcipal corporation
By. ..........
ivia% or. of tl-.V,e (city, of Santa aAna
COSTA 1VIESA C01JNTY WATER DISTRICT'
1�y
President
By
Secretary