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HomeMy WebLinkAboutMESA CONSOLIDATED WATER DISTRICTBKS - jd 9/18/80 AMENDMENT '20 WATER SUPPLY INTERTII3 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE COSTA MESA WATER DISTRICT THIS AGREEMENT, made and entered into this (L_ day of 1980, by and between the City of Santa Ana, a municipal corporation of the State of California ("CITY"), and the Mesa Consolidated Water District (formerly Costa Mesa County Water District) a public body, corporate and politic ("DISTRICT"), W I T N E S S E T H Recitals: I . CITY and DISTRIC'.-C made and entered into a written agreement ("said Agreement") on or about July 22, 1976 which said Agreement was amended by that certain agree- ment entitled "Amendment to Water Supply InLertie Agreement between the City of Santa Ana and the Costa Mesa Water Dis- trict" made and entered into on or about June 22, 1978. 2. 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 six (6) years. WHEREFORE, in consideration of their mutual covenants and 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 Agreement 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, six (6) years duration) then in that event the party that requests the intertie agrees to pay one hundred per cent (10096) of the capital costs of construction of such intertie and one hundred per cent (100%) of the costs of maintenance and operation thereof. Each such -temporary intertie shall have a meter installation and, if necessary, a back -flow pre- vention 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. As amended hereby, all of the terms, conditions and covenants of said Agreement shall remain in full force and effect and the parties shall continue to benefit therefrom and be bound thereby. IN WITNESS WHEREOF, the parties hereto have executed this AgrPement the day and year first above written. ATTEST: CITY OF SANTA ANA, a municipal corporation of the State of California ,LE'RK Of. THfCOU CI L / MAYOR APPROVED AS TO FORM: "CITY" EDWARD J. City Attorney ATTEST - sE`v.. i R Y APPROVED AS TO FORM., Attorney for Costa Mesa County Water District MESA CONSOLIDATED WATER DISTRICT By- enf P es e t oa�,A Di ectors-- DISTRICT"