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HomeMy WebLinkAboutCOSTA MESA COUNTY WATER DISTRICT (5)KLG: ar 5/31/78 AMENDMENT TO WATER SUPPLY INTERTIE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COSTA MESA COUNTY WATER DISTRICT THIS AGREEMENT, made and entered into this 22nd day of June — — _r 1978, by and between the City of Santa Ana, a municipal corporation of the State of California, ("City"), and the Costa Mesa County Water District, a public body, corporate and politic, ("District"), W I T N E S S E T H Recitals: A. The parties hereto have heretofore, on or about July 22, 1976, made and entered into that certain agreement Entitled "Water Supply Intertie Agreement Between the City of Santa Ana and the Costa Mesa County Water District", to which reference is hereby made for full particulars. B. The parties desire to amend said agreement to provide that a certain intertie is of a temporary nature, notwithstanding the fact that said intertie may exist for up to four (4) years. WHEREFORE, in consideration of their mutual cov- enants qnd agreements, hereinafter contained, and subject to all of the following terms and conditions, the parties hereto do hereby agree as follows: 1. Subparagraph D. of paragraph 4. of said agree- ment is hereby amended to read as follows: D. If the intertie is of a temporary nature (i.e., designed, constructed and in- tended not to exceed two (2) years duration, or, in the case of a certain intertie designed and constructed by District in the vicinity of 14850 Sunflower Street, four (4) years dur- ation) then in that event the party that re- quests the intertie agrees to pay one hundred percent (1000) of the capital costs of con- struction of such intertie and one hundred percent (1000) of the costs of maintenance and operation thereof. Each such temporary inter - tie shall have a meter installation and, if necessary, a back -flow prevention device. Neither party shall charge the other a "water main" or "footage" charge for any such intertie but the supplying party may charge the other its current normal customer charge(s) for the type or class of service for which such water supply service is provided. 2. The parties agree that said agreement, as amended hereby, shall be and remain their agreement, and that, by executing this agreement, they each ratify and confirm said agreement as their agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY OF SANTA ANA, a municipal corporation of the State of ATTEST: Californ4 MALONE by CLERK�OF THE COUNCIL MAYOR APPROVED A',S, TO / FORM; KEITH L. GOW CITY ATTORNEY ATTEST: SECRETARY APPROVED AS TO FORM: lCtt6rney 'for Costa Mesa County Water District COSTA MESA COUNTY WATER DISTRICT Dy e" t President, Board of Directors -2-