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Home My WebLink About11 SOCCCD UTILITIES 01-17-05 AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: JANUARY 17, 2005 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT REGARDING TEMPORARY UTILITIES AT TUSTIN LEGACY SUMMARY The proposed Agreement between the City and the South Orange County Community College District (SOCCCD) defines the SOCCCD's responsibilities for the installation and subsequent removal of temporary utilities within the public right-of-way in conjunction with development of the Advanced Technology Education Program (ATEP) Project at Tustin Legacy. RECOMMENDATION It is recommended that the City Council approve the Agreement between the City of Tustin and the South Orange County Community College District regarding temporary utilities at Tustin Legacy, and authorize the City Manager to execute the document on behalf of the City. FISCAL IMPACT None to the City. The Agreement requires the SOCCCD to install and remove temporary utilities within the public right-of-way in conjunction with development of the ATEP Project. BACKGROUND AND DISCUSSION The SOCCCD has received approval from the State Department of Education and the Department of State Architect for the development and construction of the ATEP Project at the northeast corner of Red Hill Avenue and Valencia Avenue at Tustin Legacy. Since permanent public utility service is currently not available at this time and the current utilities that previously served the MCAS Tustin facilities have been determined to be inadequate, the SOCCCD needs to install temporary utilities to serve their project. Approval of an Agreement between the City of Tustin and the South Orange County Community College District Regarding Temporary Utilities at Tustin Legacy January 17, 2005 Page 2 The SOCCCD will install a temporary domestic water line across Red Hill Avenue from a connection to a City of Tustin water main that runs along the west side of Red Hill Avenue. Temporary sanitary sewer service will be provided by a connection to the existing Orange County Sanitation District's sewer in Red Hill Avenue. Temporary electrical and irrigation lines will be installed across Lansdowne Road to serve the landscaping and lighting needs at the ATEP parking lot. As part of the City's Phase I Tustin Legacy Backbone Infrastructure Project (Valencia Avenue, Armstrong Avenue, Lansdowne Road, Severyns Road, and West Connector) (CIP No. 7139), the City will be installing permanent utilities to serve the SOCCCD site. It is anticipated that the permanent facilities will be in place by the early fall of 2005. The SOCCCD has agreed to install the temporary utility facilities to serve their site, and subsequently remove the temporary utility facilities when permanent facilities are available. The SOCCCD has agreed to post a Performance Bond, and a Labor and Materials Bond to guaranty that this work will be done to the City's satisfaction. Tim D. Serlet Director of Public Works/City Engineer Approval of this Agreement will allow the SOCCCD to move forward with the installation of temporary utilities to serve development of their A TEP Project. The City Attorney has prepared this Agreement and has approved it as to form. Dana R. 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AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT REGARDING TEMPORARY UTILITIES THIS AGREEMENT is entered into this - day of , 2005 by and between the City of Tustin, a California municipal corporation ("City"), and the South Orange County Community College District, a community college district organized in accordance with California law (the "District"). RECITALS WHEREAS, District owns certain property at former MCAS, Tustin and desires to improve that property pursuant to approvals received from the State Department of Architects and permits issued by the City; and WHEREAS, District desires to install temporary utilities for water, sewer, and other utilities necessary to serve its property ("temporary utilities"), in the City's right-of-way, adjacent to the District property; and WHEREAS, the City is agreeable to permitting District to install temporary utilities, providing that District promptly removes such temporary utilities upon the installation of permanent utilities in the City's right-of-way, and provides a performance bond and a payment bond to secure the removal of the temporary utilities and payment to those doing the removal work. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises and covenants herein, the Parties agree as follows: 1. Upon the terms and conditions described here, the District may install temporary utilities within the City's public right,of-way (future Valencia Avenue) adjacent to District property, in order to temporarily serve District property. 1964501 TUSTIN / SOCCD AGREEMENT REGARDING TEMPORARY UTILITIES 2. Prior to installation of the temporary utilities, the District shall furnish the City with a performance bond and a payment bond on City's standard forms in amounts as are approved by the City Engineer, that are sufficient to secure removal of the temporary utilities upon installation by the City of permanent utilities in the City's public right-of-way and the payment to those doing the removal work. 3. Nothing herein is intended modify any provision of the Conveyance Agreement between the City and the District for the District property or the terms and conditions of any permits or approvals granted by the City. IN WITNESS WHEREOF, each party has authorized the following individuals to sign this Agreement on their behalf. CITY OF TUSTIN Dated: By: William A, Huston, City Manager APPROVED AS TO FORM: By: Lois E. Jeffrey, City Attorney SOUTH ORANGE COUNTY COMMUNITY COLLEGE DISTRICT Dated: By: Dr. Ragu Mather, Chancellor APPROVED AS TO FORM: By: District Legal Counsel 2 196450,1 TUSTIN I SOCCD AGREEMENT REGARDING TEMPORARY UTILITIES