HomeMy WebLinkAboutConsent Calendar #14 8-3-87 CONSENT CALENDAR
,.,. i~'"' '~t, 8-3-87
Inter- Com
DATE: JULY 24, 1987
TO:
WILLIM4 HUSTON, CITY MANAGER
FROM:
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SU BJ ECT:
ASSESSMENT DISTRICT NO. 85-1 UTILITY AGREEMENTS WITH IRVINE RANCH WATER
DISTRICT
RECOMMENDATION:
That the City Council approve the Agreements for the construction of water,
sanitary sewer and reclaimed water facilities for Assessment District No. 85-1
Project No. I (El Camino Real and Tustin Ranch Road) and Project No. 2 (South half
of Bryan Ave.) and authorize the Mayor to execute said Agreements.
BACKGROUND:
Assessment District No. 85-1 was initiated and approved in 1986 to provide a
funding vehicle for infrastructure improvements consisting of streets, storm
drains and utilities within the district. The Assessment District boundaries are
generally the Santa Ana Freeway on the south, Jamboree Road (Myford) on the east,
~-vine Blvd. on the north and Browning Ave. on the west.
L~ch Of the utility companies require an agreement to be executed between
themselves and the District to cover the construction of the public utilites
within their jurisdiction.
DISCUSSION:
Th'e attached agreements cover the construction of domestic water, reclaimed water
and sanitary sewer facilities belonging to the Irvine Ranch Water District located
within E1 Camino Real between Browning Ave. and the easterly boundary of the
Tustin Auto Center and Tustin Ranch Road between I-5 Freeway and Bryan Ave.
(Project No. 1), and the south half of Bryan Ave. between Browning Ave. and Tustin
Ranch Road {Project No. 2).
These improvements have al ready been constructed along wi th the previously
completed street improvements and the execution of these Agreements are a
routine type action to complete the requirements of the District.
The City Attorney's office has reviewed these Agreements and has approved same
with respect to format.
J~b Ledendecker
'ector of Public Works/City Engineer
BL/lg
AD85-1-A
DIiTRIC? FILE NO,: SD2, ADSb-I, Tr. 12345
WORK ORDER NO.: 40155/5014Z/62091
DISTRICT I.D.: 150/Z50/250
CITY OF TUSTIN
ASS£SSMENT DISTRICTS 85-1
A.D. PROJECT NO.: 1 - Phase I & II
AREA: Tustin Auto & k [;amino I~ea
STREET LOCATION: from Brnwnin_~ to*Auto Center
-and Tugtin Ranch Road frgm I-5
ORIGINAL DATE: July 14, 1987 to Bryan Ave.
AGREEMENT FOR CONSTRUCTION OF WATER,
SANITARY SEWER, ANO RECLAIMEO WATER FACILITIES
The parties to this Agreement are the CITY OF TUSTIN, a municipal
corporation (hereinafter referred to as the "City") and th~ IRVINE PJkNCH
WATER DISTRICT, a California water district organized and existing pursuant
to the California Water District Law, (hereinafter referred to as the
"District").
W14EREAS, City is desirous of undertaking the construction of
certain water, sanitary sewer, and reclaimed water facilities which will be
owned and operated by District, described as follows (hereinafter referred
to as the 'Facilities"):
(al Water System Facilities:
4380 L.F. - 10" A.C.P. C-150 3 Ea. - Fire Hydrant
124 L.F. - 8" A.C.P. C-150 6 Ea. - TEMP. Blowoff Assembly
4 Ea. - 10" Gate Valve 1 Ea. - Plug
2 Ea. - 8" Gate Valve
Facilities:
- ~6 v.~.~.
3870.1L.F. - 8" V.C.P.
12 Ea. - 60" Manhole w/30" Cover
5 Ea. - Sewer Plug
30 L.F. - Concrete Encasement
(c) Reclaimed Water System Facilities: (as applicable)
4350 L.F. - 4" P.V.C.A.W.W.A. C-900 C-150
3 Ea. - 4" Gate Valve
5 Ea. - 2" Copper Service
I Ea. - 4" Service
The City hereby applies for that water, sanitary sewer and reclaimed
water service as applicable, which can be provided by the facilities
described above, to that certain area and street location described as
follows:
I - E1 Camino Real from Browning Ave. to Auto Center Dr.
II-.Tustin Ranch Rd. from Santa Ana Freeway (I-5) to Bryan Ave.
The location of the Facilities is depicted on Exhibit "A", attached to
this Agreement and incorporated herein by this reference;
WHEREAS, District is willing to authorize City to construct the
Facilities in anticipation of the provision of water, sanitary sewer, and
reclaimed water service to the areas which will be served by the Facilities
in accordance with District's "Rules and Regulations for Water. Sewer, and
Reclaimed Water Service" (hereinafter referred to as the "Rules and
Regulations").
ORIG,, AL
NO~. THEREFORE. THE PARTIES DO HEREBY AGREE AS FOLLOHS:
1. Upon approval of this Agreement by the parties, the payment
of all fees and charges by City. pursuant to Section 13 hereof, approval of
plans and specifications, the deltvery of requtred bonds, the conveyance of
necessary easements for areas not in future street rights-of-ways, and other
items as may be required herein, District agrees to issue a permit for the
construction of the Facilities in accordance with and subject to the terms
and conditions herein set forth. The District shall deliver to City such
permit, which shall be an executed copy hereof.
2. City agrees to comply with the requirements of any and all
applicable Federal, State and local statutes, ordinances, regulations and
other requirements. The District may, in its discretion, require specific
prior approval of this permit by any Federal, State or local agency having
Jurisdiction over or an interest in the operation of the District's
facilities.
3. City hereby agrees to build or cause to be built the
Facilities and agrees to pay all costs of installation of same, including,
but not limited to, cost of labor, materials, equipment, contractors' expense
and profit, environmental studies, design, engineering, surveying,
inspection, testing, plan check, land and easement acquisition, condemnation,
insurance and bond premiums.
4. City agrees that the Facilities shall be constructed in
accordance with plans and specifications which shall comply with all
applicable requirements of the District's "Standard Specifications for the
Construction of Water, Sewer and Reclaimed Water Facilities." including, but
not limited to, requirements as to information to be shown on the plans.
Said document is on file at the office of the District and is by this
reference incorporated herein. Such plans and specifications shall be
approved by District. Such approval of the plans and specifications by
District shall not constitute approval of the permit applied for herein. The
Facilities shall be constructed by a contractor licensed by the State of
California to install said Facilities.
S. City shall require its contractor to guarantee the
Facilities constructed under this Agreement against defects in workmanship
and materials for a period of one (l) year after the date of acceptance of
the Bill of Sale for the Facilities by the District, as provided in
Section 8. The contractor shall further agree that the Facilities shall be
restored to full compliance with the requirements of the plans and
specifications described in Section 4, including any test requirements, if
during said one (1) year period the Facilities or any portion thereof is
found not to be in conformance with any provisions of said plans and
specifications. This guarantee is in addition to any and all other
warranties, express or implied, with respect to the Facilities.
$. City agrees to grant, or cause to be granted to the
District, without cost to the District, all necessary easements for
construction, installation, maintenance and access to the Facilities, across
all privately-owned lands to be traversed by the Facilities, which easements
shall be in a form and condition of title satisfactory to the District and
shall be.executed by all necessary parties having an interest in said lands.
7. City agrees to provide to the District, prior to acceptance
Of the Facilities as set forth in Section 8, a complete set of reproducible
mylars of the approved plans and specifications for the Facilities and a copy
of the compaction report(s) and certificate(s).
8. Upon completion of the Facilities, City agrees to execute
and deliver to the District a proper Bill of Sale, including a report of the
actual costs of the Facilities on the standard form of the District which
form is on file at the office of the District and is by this reference
incorporated herein, and to substantiate such report with invoices and
--2--
" ORI tNAL
recetpts acceptable to the District. City further agrees that such
Facilities will become the property of the District when said Bill of Sale is
accepted by its Board of Directors or its duly authorized employee.
evidencing acceptance of the Facilities. However. City hereby disclaims in
favor of the Oistrict all right, title and interest in and to said systems,
appurtenances and easements; and City hereby covenants and agrees to execute
and deliver to the Olstrict any documents required to complete the transfer
of the Facilities concurrently with the acceptance thereof by the District;
and City hereby agrees that City is holding any title to said Facilities,
pending acceptance thereof by the District, as trustee, acknowledging City's
obligation to complete said Facilities and transfer the same debt-free to the
District. ,
g. It is agreed that the above provisions shall not preclude
the use of the Facilities by property owners prior to such delivery of Bill
of Sale to the District, as long as the quality of said water and sewage is
acceptable to the District under 1ts Rules and Regulations and written
permission has been obtained from the Otstrtct by such property owners to
connect to or use the Facilities. City agrees that the use of the Facilities
by the Ctty, transferee or assignee of the City, or others within the
District will not constitute acceptance of the Facilities by the District.
10. City agrees to hold the District harmless from any expense
or liability resulting from any work or acti'on performed by City on behalf of
City with respect to the design, (except to the extent design features are
required or requested by the District,) construction and installation of the
Facilities pursuant to this Agreement, and further agrees that City will
indemnify and hold the District, its agents, employees, officers and
representatives, free and harmless from and against any and all liabilities
for death, injury, loss, damage or expense (including reasonable attorneys'
fees) to person or property which may arise or is claimed to have arisen as a
result of any work or action performed by City or on behalf of City with
respect to the design, (except to the extent design features are required or
requested by the Oistrtct,) construction and in the installation of the
Facilities pursuant to this Agreement. The foregoing hold harmless and
indemnity provisions shall also apply to any repairs made by city during the
one (1) year guarantee period set forth in Section 5.
ll. Otstrtct agrees to hold the City harmless from any expense
or liability resulting from the operation of the Facilities and further
agrees that District will indemnify and hold the City, its agents, employees,
officers and representatives, free and harmless from and against any and all
liabilities for death, injury, loss, damage or expense (including reasonable
attorneys' fees) to person or property which may arise or is claimed to have
arisen as a result of Otstrtct required or requested design or the operation
of the Facilities.
12. City shall obtain from its contractor, performance and
payment bonds on the standard forms of the City of Tusttn, which forms shall
be filed at the office of the District and are by this reference incorporated
herein, or as acceptable to the District, in connection with the Facilities
to be constructed, and for an amount to be determined by District.
13. City hereby agrees to pay all TV inspection of sewer
charges, and administration and engineering fees for inspection and plans
check costs. The amount of such fees and charges shall be based on the
applicable schedules of the Rules and Regulations in effect on the date when
City and District approve this Agreement. Such fees and charges shall be set
forth on Exhibit "B" hereto by the District. which Exhibit is by this .
reference incorporated herein.
14. In the event either party hereto fails to comply with the
terms of this Agreement and the other party commences legal proceedings to
enforce any of the terms of this Agreement or to terminate this Agreement,
the prevailing party in any such suit shall receive from the other a
reasonable sum, for attorneys' fees and costs as may be established by the
court or lury.
O ,GINAL
15. City agrees that the General Manager of the District or his
authorized representative may enter upon the herelnabove described property
during reasonable hours for the purpose of ascertaining whether the
provisions of this Agreement are being performed. City shall not be
responsible in any way for the failure of its successors or assigns to comply
with any of the provisions of this Agreement.
16. Notwithstanding any term or provision of this Agreement,
City and District acknowledge that pursuant to an agreement dated March 5.
lg?3. among City, District and The Irvine Company. the City may, at its
option, provide retail water service to Parcel 2 (as described in that
agreement) and in such event. District shall provide wholesale water supplies
to City. City and District further acknowledge that the Water System
Facilities to be constructed under this Agreement are within said Parcel 2
and that City has expressed its intent to provide retail water service to
Parcel 2. City and District are currently negotiating an amendment ot the
lg73 agreement regarding the terms and conditions of the provision of water
service to Parcel 2. In consideration of the foregoing, City and District
agree as follows:
16.1 If that amendment is executed after any of the Water System
Facilities are accepted by the Qlstrict as set forth in Section
8. District shall transfer all rights, title and interest in and
to said Water System Facilities, including appurtenances and
easements, to City: and District hereby covenants and agrees to
execute and deliver to City any documents required to complete
such transfer of the Water System Facilities and easements. Upon
City's acceptance of the documents. City shall operate the Water
System Factlttes. in accordance with the amendment, and the
provisions of Section ll shall no longer apply to the operation
of the Water System Facilities.
· 16.2 If that amendment is executed prior to the acceptance of any of
the Water System Factlites. the provisions of Sections 6, ?, 8
and the provisions of Section ll regarding the operation of such
Water System Facilities shall no longer apply to the Water System
Facilities and the Water System Facilities shall be' owned and
operated by City in accordance with the amendment.
17. Special conditions for service, if any:
CIl¥ OF llJSTIN IRVINE Pu~NCH MATER DISTRICT
BY: BY:
CITY OF TUSTIN, MAYOR
DIRECTOR OF ENGINEERING &
PUkNNING
ATTEST: BY:
BETTY WHEELER
SECRETARY TO THE DISTRICT
-4-
ORIGIN~L
BY: DATE:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
CITY ATTORNEY
BOWIE, ARNESON, KADI & DIXON
LEGAL COUNSEL,
BY:
1877M
AD85-1-A
DISTRICT FILE NO.:SD2.85-1 r. #1234§ '.-
ORIGINAL .oR. ORDER .0.:
DISTRICT I.D.: ~Rn/~n?Rn
CITY OF TUSTIN
ASSESSMENT DISTRICTS
EXHIBIT A DATE July .1~, 1987
TO A.D. NO.: ~b-I
APPLICATION TO AND AGREEMENT AD. PROJECT NO:
WITH THE IRVINE RANCH HATER PHASE NO. I & II
DISTRICT FOR HATER, SANITARY STREET LOCATION: Tustin Ranch Rd~ - I-5 to
SEWER AND RECLAIMED HATER Bryan~ E1 CamiOn Real - Browning
SERVICE to Auto Ctr.
A. Water Service Fees and Charoes
(l) Plan Check and Inspection
Bondable Cost $121.100.00 at ~ $ g.688.00
(ii) Water Connection Fees
(1) Commercial
.... .acres at $. .per acre $ N/A
(2) Industrial
.... acres at ~ .per acre $ N/A
TOTAL WATER SERVICE FEES AND CHARGES: ~ 9,688.00
(i) Plan Check and Insoectton
Bondable Cost $104,700.00 at 10 % $. 10,470.00
(ii) Sewer Connection Fees
(I) Commercial
.... acres at $ .... ~er acre $ N/A
(2) Industrial
.... .acres at $ .... .per acre $ N/A
(iii) Sewer Subtrunk TV Insnection
Total footage of 6" size and larger, 2,066.50
4.133 L.F. at $ 0,50 $
TOTAL SANITARY SEWER FEES AND CHARGES $ 12,536.50
C. Reclaimed Water Charnes
(t) Plan Check and Insnection
Bondable Cost $ 5§m800.00 at 10 ~ $ 5,580.00
TOTAL RECLAIMED WATER SERVICE FEES AND CHARGES: $ 5,580.00
TOTAL FEES AND CHARGES SUBMITTED HEREWITH: $. 27,804.50
Less Prepaid Check Fees: Water $ B
Sewer $ ~
Date of Preparation of Exhibit A: 7/13/87 TOTAL $. 27,804.50
*The amount set forth is based on the District's schedules of fees and.
charges in effect on 3uly l, lgB6 and the plans and specifications for the
Facilities which have been submitted by Applicant, and such amount is
subject to revision pursuant to any changes made in said schedules or in
said plans prior to completion of this Application and all accompanying
items required therein.
-6-
1877H
AD 85-1-B
DISTRICT FILE NO.:SD2'85-1' . 12345
WORK ORDER NO.: 40155/62091
DISTRICT I.D.: .150/250
CITY OF TIJSTIN
ASSESSMENT DISTRICTS 85-1
A.D. PRO3ECT NO.: 2 - Phase 2
ARM: Br.yan Ave. South Half
STREET LOCATION: From Browninq to Tustin Ranch Road
ORIGINAL DATE: ,,,4,87
AGREEHENT FOR CONSTRUCTION OF WATER,
SANITARY SEWER, AND RECLAIMED WATER FACILITIES
The parties.to this Agreement are the CITY OF TUSTIN, a municipal
corporation (hereinafter referred to as the "City") and the IRVINE RANCH
WATER DISTRICT, & California water district organized and existing pursuant
to the California Water District Law, (hereinafter referred to as the
'District").
WHEREAS, City is desirous of undertaking the construction of
certain water, sanitary sewer, and reclaimed water facilities which will be
owned and operated by District, described as follows (hereinafter referred
to as the "FKtltttes"):
1^~.(~). WateT~y)t~m_Factltttes:
12 L.F. of 12" A.C.P.
2 Ea. Fire Hydrant Assqmbly
1 Ea. 10" Gate Valve
(bi Santtary Sewer Facilities:
(c) Reclaimed Water System Facilities: (as applicable)
940 L.F. of 4" P.V.C.
1 - 4" Gate Valve
The City hereby applies for that water, sanitary sewer and reclaimed
water service as applicable, which can be provided by the facilities
described above, to that certain area and street location described as
follows: SOuth half of Bryan Ave. - Browning Ave. to Tustin Ranch Road.
The location of the Facilities is depicted on Exhibit "A", attached to
this Agreement and incorporated herein by this reference;
WHEREAS, District is willing to authorize City to construct the
Facilities in anticipation of the provision of water, sanitary sewer, and
reclaimed water service to the areas which will be served by the Facilities
in accordance with District's "Rules and Regulations for Water, Sewer, and
Reclaimed Water Service" (hereinafter referred to as the "Rules and
Regulations").
3RI$1NAL
NOH, THEREFORE, THE PARTIES DO HEREBY AGREE AS FOLLOHS:
1. Upon approval of this Agreement by the parttes, the payment
of all fees and charges by City, pursuant to Section 13 hereof, approval of
plans and specifications, the dellvery of requlred bonds, the conveyance of
necessary easements for areas not in future street rights-of-ways, and other
items as may be required herein. District agrees to issue a permit for the
construction of the Facilities in accordance with and subject to the terms
and conditions herein set forth. The District shall deliver to City such
permit, which shall be an executed copy hereof.
2. City agrees to comply with the requirements of any and all
applicable Federal, State and local statutes, ordinances, regulations and
other requirements. The District may, in its discretion, require specific
prior approval of this permit by any Federal, State or local agency having
Jurisdiction over or an interest in the operation of the District's
facilities.
3. City hereby agrees to build or cause to be built the
Facilities and agrees to pay all costs of installation of same, including,
but not limited to, cost of labor, materials, equipment, contractors' expense
and profit, environmental studies, design, engineering, surveying.
inspection, testing, plan check, land and easement acquisition, condemnation,
insurance and bond premiums.
4. City agrees that the Facilities shall be constructed in
accordance with plans and specifications which shall comply with all
applicable requirements of the District's "Standard Specifications for the
Construction of Water, Sewer and Reclaimed Water Facilities," including, but'
not limited to, requirements as to information to be shown on the plans.
Said document is on file at the office of the District and is by this
reference incorporated herein. Such plans and specifications shall be
approved by District. Such approval of the plans and specifications by
District shall not constitute approval of the permit applied for herein. The
Facilities shall be constructed by a contractor licensed by the State of
California to install said Facilities.
5. City shall require its contractor to guarantee the
Facilities constructed under this Agreement against defects in workmanship
and materials for a period of one (1) year after the date of acceptance of
the Bill of Sale for the Facilities by the District, as provided in
Section B. The contractor shall further agree that the Facilities shall be
restored to full compliance with the requirements of the plans and
specifications described in.Section 4, including any test requirements, if
during said one (1) year period the Facilities or any portion thereof is
found not to be in conformance with any provisions of said plans and
specifications. This guarantee is in addition to any and all other
warranties, express or implied, with respect to the Facilities.
6. City agrees to grant, or cause to be granted to the
District, without cost to the District, all necessary easements for
construction, installation, maintenance and access to the Facilities, across
all privately-owned lands to be traversed by the Facilities. which easements
shall be in a form and condition of title satisfactory to the District and
shall be executed by all necessary parties having an interest in said lands.
7. City agrees to provide to the District, prior to acceptance
of the Facilities as set forth in Section 8, a complete set of reproducible
mylars of the approved plans and specifications for the Facilities and a copy
of the compaction report(s) and certificate(s).
B. Upon completion of the Facilities. City agrees to execute
and deliver to the District a proper Bill of Sale, including a report of the
actual costs of the Facilities on the standard form of the District which
form is on file at the office of the District and is by this reference
incorporated herein, and to substantiate such report with invoices and
-2-
,.,RIGINAL
receipts acceptable to the District. City further agrees that s.uch
Fac111tles will become the property of the District when said Bill of Sale ts
accepted by 1ts Board of Directors or its duly authorized employee.
evidencing acceptance of the Facilities. However, Ctty hereby disclaims in
favor of the District all right, title and interest in and to said systems,
appurtenances and easements; and City hereby covenants and agrees to execute
and deliver to the District any documents required to complete the transfer
of the Facilities concurrently with the acceptance thereof by the District;
and City hereby agrees that City is holding any title to said Facilities,
pending acceptance thereof by the District. as trustee, acknowledging City's
obligation to complete said Facilities and transfer the same debt-free to the
District.
g. It is agreed that the above provisions shall not preclude
the use of the Facilities by property owners prior to such delivery of Bill
of Sale to the District, as long as the quality of said water and sewage is
acceptable to the District under its Rules and Regulations and written
permission has been obtained from the District by such property owners to
connect to or use the Facilities. City agrees that the use of the Facilities
by the City, transferee or assignee of the City, or others within the
District will not constitute acceptance of the Facilities by the District.
10. City agrees to hold the District harmless from any expense
or liability resulting from any work or action performed by City on behalf of
City with respect to the design, (except to the extent design features are
required or requested by the District,) construction and installation of the
Facilities pursuant to this Agreement, and further agrees that City will
indemnify and hold the District, its agents, employees, officers and
representatives, free and harmless from and against any and all liabilities
for death, injury, loss, damage or expense (including reasonable attorneys'
fees) to person or property which may arise or is claimed to have arisen as a
result of any work or action performed by City or on behalf of Ctty with
respect to the design. (except to the extent design features are required or
requested by the District,) construction and in the installation of the
Facilities pursuant to this Agreement. The foregoing hold harmless and
indemnity provisions shall also apply to any repairs made by city during the
one Il) year guarantee period set forth in Section 5.
ll. District agrees to hold the City harmless from any expense
or liability resulting from the operation of the Facilities and further
agrees that District will indemnify and hold the City, its agents, employees,
officers and representatives, free and harmless from and against any and all
liabilities for death, injury, loss, damage or expense (including reasonable
attorneys' fees) to person or property which may arise or is claimed to have
arisen as a result of District'required or requested design or the operation
of the Facilities.
12. City shall obtain from its contractor, performance and
payment bonds on the standard forms of the City of Tustin, which forms shall
be filed at the office of the District and are by this reference incorporated
herein, or as acceptable to the District, in connection with the Facilities
to be constructed, and for an amount to be determined by District.
13. City hereby agrees to pay all TV inspection of sewer
charges, and administration and engineering fees for inspection and plans
check costs. The amount of such fees and charges shall be based on the
applicable schedules of the Rules and Regulations in effect on the date when
City and District approve this Agreement. Such fees and charges shall be set
forth on £xhlbit "B" hereto by the District, which Exhibit is by this .
reference Incorporated herein.
14. In the event either party hereto fails to comply with the
terms of this Agreement and the other party commences legal proceedings to
enforce any of the terms of this Agreement or to terminate this Agreement,
the prevailing party in any such suit shall receive from the other a
reasonable sum, for attorneys' fees and costs as may be established by the
court or Jury.
--3--
ORIGINAL
15. City agrees that the General Manager of the District or his
authorized representative may enter upon the hereinabove described property
during reasonable hours for the purpose of ascertaining whether the
provisions of this Agreement are being performed. City shall not be
responsible in any way for the failure of its successors or assigns to comply
with any of the provisions of this Agreement.
16, Notwithstanding any term or provlston of thls Agreement,
City and Otstrlct acknowledge that pursuant to an agreement dated March 5,
1973, among City, District and The Irvtne Company, the City may, at its
option, provide retail water service to Parcel 2 (as described in that
agreement) and in such event, Otstrict shall provide wholesale water supplies
to City. City and Oistrtct further acknowledge that the Water System
Facilities to be constructed under this Agreement are within said Parcel 2
and that City has expressed its intent to provide retail water service to
Parcel 2. City and Oistrtct are currently negotiating an amendment ot the
1973 agreement regarding the terms and conditions of the provision of water
service to Parcel 2. In consideration of the foregoing, City and Otstrtct
· gree as follows:
16.1 If ~hat amendment is executed after any of the Water System
Facilities are accepted by the District as set forth in Section
8, District sh~ll transfer all rights, title and interest in and
to said Water System Facilities, including appurtenances and
easements, to City: and District hereby covenants and agrees to
execute and deliver to City any documents required to complete
such transfer of the Water System Facilities and easements. Upon
City's acceptance of the documents. City shall operate the Water
System Factlites, in accordance with the amendment, and the
provisions of Section ll shall no longer apply to the operation
of the Water System Facilities.
16.2 If that amendment is executed prior to the acceptance of any of
the Water System Facilttes. the provisions of Sections 6, 7, 8
and the provisions of Section ll regarding the operation of such
Water System Facilities shall no longer apply to the Water System
Facilities and the Water System Facilities shall be owned and
operated by City in accordance with the amendment.
17..Special conditions for service, if any:
CITY OF TUSTIN IRVINE RANCH WATER DISTRICT
BY: BY:
CITY OF TUSTIN, MAYOR
DIRECTOR OF ENGINEERING &
PLANNING
ATTEST: BY:
BETTY WHEELER
SECRETARY TO THE DISTRICT
-4-
ORIGINAL
BY: DATE:
CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
CITY ATTORNEY
BOWIE, ARNESON, KADI & DIXON
LEGAL COUNSEL,
BY:D C
CITY OF TUSTIN
BY:.
1877M
AD 85-1-B,
DISTRICT FILE NO.: SD2 A.D. P~ 1, Tr. 12345
WORK ORDER NO.: 40IS~F/~
Ui IblI IAL DISTRICT I.D.: 150/250
CITY OF TUSTIN
ASSESSMENT DISTRICTS
EXHIBIT A DATE July 14t 1987
TO A.D. NO.: 85-1
APPLICATION TO AND AGREEMENT AD. PROJECT NO: 2
WITH THE IRVINE RANCH WATER PHASE NO. II
DISTRICT FOR HATER, SANITARY STREET LOCATION: Bryan Ave. - South side from
SEWER AND RECLAIMED WATER Browninq to Tustin Ranch Rd.
SERVICE
A. Water Service Fees and Charoes
(l) Plan Check and Inspection
* Bondable Cost ~2g,900.00 at 8 .lC $ 2,392.00
(ii) Water Connection Fees
(1) Commercial
.... acres at $. ---- per acre $
(2) Industrial
.... acres at ~ .... per acre $
TOTAL WATER SERVICE FEES AND CHARGES:* $. 2,392.00
(t) Plan Check and Insoection
Bondable Cost $ .... at .... ~ ~ ....
(ii) Sewer Connection Fees
. (1) Commercial
.... acres at $.---- per acre $ N/A
(2) Industrial
..... acres at $ ..... per acre $ N/^
(iii) Sewer Subtrunk TV Insoectton
Total footage of 6# size and larger,
.... L.F. at $ ..... ~ ....
TOTAL SANITARY SEWER FEES ANO CHARGES $ ....
C. Reclaimed Water Charaes
(t) Plan Check and Insnectton
Bondable Cost $11.000.0Q at 10 % $ 1,100.00
TOTAL RECLAIMED WATER SERVICE FEES AND CHARGES: $
TOTAL FEES AND CHARGES SUBMITTED HEREWITH: $
Less Prepaid Check Fees: Water $ 1~327.00
Sewer $ ~
RiW $ ~
Date of Preparation of Exhibit A:7/14/87 TOTAL $ 2,165.00
*The amount set forth is based on the District's schedules of*fees and
charges in effect on July 1, 1985 and the plans and specifications for the
Facilities which have been submitted by Applicant, and such. amount is
subject to revision pursuant to any changes made in said schedules or in
said plans prior to completion of this Application and all accompanying
items required therein.
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1877M