HomeMy WebLinkAbout09 - C-2931B Three Party Agreement Sanitary DistrictAugust 22, 2000
CITY COUNCIL AGENDA
ITEM NO. 9
TO: Mayor and Members of the City Council
FROM: Public Works Department
SUBJECT: AMENDMENT TO THREE PARTY AGREEMENT BETWEEN THE CITY
OF NEWPORT BEACH, COSTA MESA SANITARY DISTRICT, AND
ORANGE COUNTY DEVELOPMENT AGENCY — CONTRACT NO. 2931 B
RECOMMENDATION:
Authorize the Mayor and City Clerk to execute an amendment to the three party
agreement which adjusts the location of the proposed Bristol Street Pump Station and
abandons a City sewer on Birch Street and allows connection to the proposed Costa
Mesa Sanitary District gravity sewer.
BACKGROUND:
On December 9, 1996, the City Council approved a three party agreement between the
City of Newport Beach, Costa Mesa Sanitary District (CMSD), and the Orange County
Development Agency (OCDA) for improvements to the sanitary sewers in the Santa
Ana Heights area. The County of Orange, through the OCDA, is required to upgrade
the sewers in the area as part of the redevelopment approvals obtained in the early
1990's. A study prepared for the County by BSI Consultants in 1990, (The Santa Ana
Heights Redevelopment Project Area Comprehensive Infrastructure Plan) identified
certain deficiencies in the existing CMSD system and gravity sewer main. The study
recommended the installation of new facilities, including a pump station, a force main,
and gravity sewer, which would ultimately connect to the Orange County Sanitation
District's Von Karman Avenue trunk sewer main. These facilities are needed to provide
the additional capacity generated by the redevelopment of the Santa Ana Heights area.
DISCUSSION:
During the design phases of this project it became obvious that the vast number of
utilities in South Bristol Street between Campus Drive and Birch Street would make it
very difficult to construct the proposed force main. The proposed pump station was
originally planned adjacent to the Newport Beach Golf Course on Irvine Avenue just
south of Bristol Street South (see attached exhibit). After further study, a new and
improved location of the proposed pump station was chosen. However, this new
location or the pump station would encroach approximately 10 feet into the Caltrans 73
Freeway right -of -way. Several meetings were held with the Caltrans officials, CMSD,
SUBJECT: AMENDMENT TO THREE PARTY AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH, COSTA
MESA SANITARY DISTRICT, AND ORANGE COUNTY DEVELOPMENT AGENCY— CONTRACT NO. 2931B
August 22, 2000
Page 2
the City, and OCDA officials. After much deliberation Caltrans conceptually approved
the new location at Birch Street and South Bristol. A second design change was
necessary because of interfering storm drains and water lines on Birch Street at Dove
Street. Because of the utilities, the CMSD was forced to take the alignment of the
existing gravity sewer on Birch Street at Dove Street. This prompted a discussion of a
joint facility on Birch Street from North Bristol to MacArthur Boulevard. The CMSD
would maintain and operate a joint sewer and allow the City to connect its laterals on
Birch Street to the new main and abandon a 30 -year old sewer (located under the
northerly parkway) that has been subject to root infiltration.
To formalize the intended project design changes to the location of the pump station
and joint gravity sewer, a revised agreement between the three parties is required.
Attached is the agreement, which has been prepared by the County and approved by
the CMSD.
The new location will permit easier maintenance and operation of the pump station
since it will be located completely outside any traveled area adjacent to the freeway
right -of -way. In addition, emergency response to the station with vactor equipment,
emergency generators, or bypass pumps would be better at this location than the
previously, proposed Irvine Avenue location. The proposed location of the new station
reduces the length of force main required and eliminates the need to traverse the
interfering utilities within South Bristol Street.
In summary, a joint gravity sewer on Birch Street will eliminate a current maintenance
problem for the City and replace a 30 -year old sewer at no cost, except for connection
of the laterals. Staff recommends approval.
Resp Ily su fitted,
t(4 -4"
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: �k4 6)0'4� —
Eldon Davidson
Utilities Services Manager
Attachment: Project Site Map
Amendment to Three Party Agreement
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=�Y County of Orange
rPublic Facilities & Resources Department
9�IFOA�t John W. Sibley, Director
July 18, 2000
Mike Sinacori, Manager, Utilities Section
3300 Newport Blvd.
P.O. Box 1768
Newport Beach, CA 92659 -1768
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SUBJECT: Sewer Infrastructure Improvements for the Santa Ana Heights Area
Dear Mike:
Transmitted to the City of Newport Beach is the partially executed Amendment No. 1 to Agreement No.
D96 -192 between the Orange County Development Agency (OCDA), the Costa Mesa Sanitary District
(CMSD), and the City of Newport Beach (City) for execution by your City Council. The Costa Mesa
Sanitary District Board executed Amendment No. 1 on July 13, 2000, and has signed and embossed all
five (5) signature pages. OCDA and CMSD respectfully request that you present the Amendment to your
City Council for approval at your earliest convenience. Upon approval by your Council, the Orange
County Board of Supervisors, acting as the Orange County Development Agency, will execute the
Amendment and issue a wet copy to each party of the Agreement for your records.
If you or your staff have any questions or require further information, please give me a call at (714)834-
2599.
PWword/Projects /Santa Ana Heights/Sewer Improvements/Ur to Sinaoori 187u100.doc
Cc: J. A. Miller
LOCATION:
300 N. FLOWER ST
SANTA ANA, CALIFORNIA
MAILING ADDRESS:
P.O. BOX 4048
SANTA ANA, CA 927024048
TELEPHONE:
(714) 834 -5302
FAX # 834 -2395
4.
Amendment No. 1 to Agreement No. D96 -162
1
2 A M E N D M E N T
3 THIS AMENDMENT, for purposes of identification hereby numbered Amendment
4 No. 1 to Agreement No. D96 -162, and dated the _ day of 2000, is
5 BY AND BETWEEN
6 The Orange County Development Agency
hereinafter referred to as "OCDA ",
7
AND
8
The Costa Mesa Sanitary District
g hereinafter referred to as "CMSD",
10 AND
11 The City of Newport Beach
hereinafter referred to as "CNB ".
12
13 W I T N E S S E T H
14 WHEREAS, OCDA, CMSD, and CNB entered into Agreement No. D96 -162 on January
15 14, 1997, hereinafter referred to as AGREEMENT, for the purposes of designing and
16 constructing specific sewer infrastructure improvements for the Santa Ana Heights
17 area, consisting of: the South Bristol Street Flow Reversal; a Sanitary Sewer Pump
18 Station; an 8 -inch Diameter Force Main from the pump station across the Birch Street
19 Bridge; and a 15 -inch Diameter Gravity Sewer Main along Birch Street (within the City
20 of Newport Beach) from the Birch Street Bridge to MacArthur Boulevard (also known as
21 the Area 2 Outfall facility). The above infrastructure improvements, hereinafter
22 referred to as "PROJECT," are required to mitigate OCDA's proposed redevelopment of
23 the Santa Ana Heights Area, and have been identified in a report prepared by BSI, Inc.
24 entitled, "Santa Ana Heights Redevelopment Project Area Comprehensive Infrastructure
25 Improvement Plan, Dated April 23, 1990," hereinafter referred to as "PLAN "; and
26 WHEREAS, OCDA, CMSD, and CNB require an amendment to the AGREEMENT for the
following reasons:
1
Amendment No. 1 to Agreement No. D96 -16
1
1.
Per the AGREEMENT, the CMSD was required to design the South Bristol
2
Street Flow Reversal and the Area 2 Outfall facilities within nine
3
(9) months from the execution of the AGREEMENT, and due to no fault
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of CMSD in acquiring PROJECT permits and reviews, the design of the
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PROJECT has been delayed well beyond the required nine months;
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2.
Due to current sewer infrastructure design criteria, the size of the
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15 -inch diameter gravity sewer main must be increased to an 18 -inch
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diameter main;
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3.
In order to construct the new 18 -inch diameter sewer main within
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Birch Street, an existing CNB sewer main must be abandoned and its
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existing laterals connected to the new mainline.
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4.
Per the AGREEMENT, the PROJECT contractor was to submit monthly
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progress payment invoices to CMSD inspector for review, who in turn,
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was to submit invoices to CMSD management for review and processing,
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who in turn, was to submit invoices to OCDA staff for review and
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approval. Upon OCDA approval of each monthly invoice from CMSD,
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OCDA was to pay each monthly invoice to CMSD for disbursement to the
18
PROJECT contractor within thirty (30) calendar days. However,
19
California Public Contract Code Section 20109.50.(a) stipulates the
20
following, "Any local agency which fails to make any progress
21
payment within 30 days after receipt of an undisputed and properly
22
submitted payment request from a contractor on a construction
23
contract shall pay interest to the contractor equivalent to the
24
legal rate set forth in subdivision (a) of Section 685.010 of the
25
Code of Civil Procedure." Per the process as set forth in the
26
AGREEMENT, it is highly unlikely that CMSD and OCDA would be able to
process, review, and approve monthly invoices within thirty (30)
2
V
Amendment No. 1 to Agreement No. D96 -16:
1
calendar days. In order to comply with the Code and avoid penalty
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interest payments to the PROJECT contractor, the AGREEMENT must be
3
amended.
4
5
NOW,
THEREFORE IT IS AGREED by and between the parties hereto that
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Agreement No. D96 -162 is amended as follows:
7
A.
All references made to EMA, Director of Public Works; Director of
8
Public Works; or DIRECTOR shall be amended to read, Chief Engineer
9
of the Orange County Public Facilities and Resources Department, or
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his duly appointed designee, hereinafter referred to as "CHIEF
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ENGINEER."
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B.
Page 1, Second Paragraph shall be deleted and replaced as follows:
13
"WHEREAS, PLAN indicates the need to design and construct the South
14
Bristol Street Flow Reversal; a new sanitary sewer pump station; 8-
15
inch diameter force main (pressure flow) across Birch Street Bridge;
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and an 18 -inch diameter gravity sewer main and abandonment of an
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existing sewer main along Birch Street (within the City of Newport
18
Beach) to MacArthur Boulevard to interconnect with the Orange County
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Sanitation District (OCSD) Von Karman Truck Sewer Main (see Exhibit
20
A) to mitigate OCDA's proposed redevelopment of the Santa Ana
21
Heights area and its impact to CMSD existing facilities;"
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C.
Page 2, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
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Section A. Plans, Specifications, and Engineer's Estimate,
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Paragraph 3 shall be deleted and replaced as follows: "CMSD agrees
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to complete PROJECT design(s) within three (3) months after
26
acquiring all necessary PROJECT permits and reviews, which shall be
3
Amendment No. 1 to Agreement No. D96 -16:
1
sought with all due diligence, and CMSD shall begin advertisement of
2
the PROJECT for public bid within two (2) months thereafter."
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D. Page 3, I. Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
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Section A. Plans, Specifications, and Engineer's Estimate,
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Paragraph 8 shall be deleted and replaced as follows: "CNB agrees
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to assist CMSD in obtaining CalTrans and CNB Permits for PROJECT.
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In addition, CNB agrees to conduct and complete PS &E review
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subsequent to the date of execution of Amendment No. 1 of this
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AGREEMENT and return written comments to CMSD within six (6) weeks
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of PS &E submittal by CMSD to CNB. An extension of time beyond the
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six (6) week comment period will require a written notice by CNB to
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CMSD with a revised completion date, or submittal will be considered
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as approved."
14
E. Page 4 and 5, Part 1 - Area 2 Outfall and Bristol Street Flow
15
Reversal, Section B. Advertisement for Bids and Construction:
16
Delete Paragraphs Nos. 2 and 3 and shall be deleted and replaced as
17
follows: "Subsequent to award of CONSTRUCTION CONTRACT(S), CMSD
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shall submit an invoice, subject to Section H of this Amendment, to
19
OCDA for review, approval, and payment. Upon receipt and approval
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of invoice, OCDA shall make payment to CMSD for the CONSTRUCTION
21
CONTRACT(S) award sum, subject to the provisions of paragraph no. 1
22
of this section of the AGREEMENT, within sixty (60) calendar days."
23
F. Page 5, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal,
24
Section B. Advertisement for Bids and Construction: Delete
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Paragraph No. 4 shall be deleted and replaced as follows: "All
26
parties agree that CONSTRUCTION CONTRACT(S) change orders for
payment by OCDA shall be reviewed and approved by the CHIEF ENGINEER
4
6
Amendment No. 1 to Agreement No. D96 -16:
1
prior to implementation by the contractor(s). OCDA reserves the
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right to deny payment of any CONSTRUCTION CONTRACT(S) change order
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performed or installed without OCDA approval. OCDA agrees to
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reimburse CMSD for the cost of all CONSTRUCTION CONTRACT(S) change
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orders to a total maximum not to exceed amount of Sixty Seven
6
Thousand Five Hundred Dollars ($67,500). Change orders that exceed
7
the total maximum amount above shall be the responsibility of CMSD."
g
G. Page 5 and 6, Part 1 - Area 2 Outfall and Bristol Street Flow
g
Reversal, Section C. Construction Administration and Inspection:
10
Delete Paragraph Nos. 3 and 4 and replace with the following: "Upon
11
completion of construction and recordation of a Notice of Completion
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in the County Recorder's office for the CONSTRUCTION CONTRACT(S),
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CMSD shall submit an invoice, subject to the provisions of Section H
14
of this Amendment, for construction administration and inspection
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costs to OCDA for review, approval, and payment. Upon receipt and
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approval of invoice and copy of recorded Notice of Completion for
17
CONSTRUCTION CONTRACT(S), OCDA agrees to make payment to CMSD within
18
sixty (60) calendar days, subject to the provisions of Paragraph No.
19
2 of this section of the AGREEMENT."
20
H. Page 6, Part 1 - Area 2 Outfall and Bristol Street Flow Reversal:.
21
Add the following:
22
"D. Processing of Invoices: There will be two types of invoices
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submitted to OCDA for processing: one will be Invoice for Award of
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CONSTRUCTION CONTRACT(S) and the other will be Invoice for
25
Construction Administration and Inspection or Contract Change
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Orders. All invoices submitted to OCDA for payment shall include ar
accounting report containing the following information:
5
Cl
Amendment No. 1 to Agreement No. D96 -16:
1
Invoice for Award of CONSTRUCTION CONTRACT(S):
2
1. Title of Construction Contract or Project including location,
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areas, and /or limits and type of construction.
4
2. Copy of successful bidder's bid result and any relevant backup
5
information, such as: contractor's proposal, breakdown of unit
6
costs for individual bid items or schedule of values if
7
applicable to invoice.
8
3. All items shall be summed and totaled to equal the invoice
9
amount requested.
10
Invoice for Construction Administration and Inspection or Contract
11
Change Orders:
12
1. CMSD shall submit a Final Accounting Report and invoice to
13
OCDA for payment within sixty (60) calendar days of the filing
14
of the Notice of Completion for the CONSTRUCTION CONTRACT(S).
15
CMSD shall attach the following support and backup
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information:
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a. Title of Construction Contract or Project including
18
location, areas, and /or limits and type of construction;
19
I.D. number of the Contract Change Order (if
20
applicable), and type and description of work performed.
21
b. List of CMSD staff and /or contracted staff involved,
22
their title, total number of hours for each employee
23
worked, and cost per hour of each, separating out
24
overhead and labor burden into different columns, summed
25
and totaled to equal the invoice amount requested.
26
C. Copy of all construction progress payments made or
invoices paid to contractor where applicable. (OCDA
6
10
Amendment No. 1 to Agreement No. D96 -1,
1
agrees to pay for only those costs actually expended by
2
CMSD and backed -up by appropriate paperwork.)
3
d. Copy of all construction change orders approved by the
4
CHIEF ENGINEER and all supporting paperwork (including
5
all change orders for work or bid items deleted from or
6
credited to the PROJECT).
7
2.
The Final Accounting Report submitted by CMSD to OCDA shall
8
detail and tally all debits and credits incurred by CMSD for
9
PROJECT and add all values for a total invoice sum to be paid
10
by or to OCDA depending on whether there is a balance due or
11
need for a refund.
12
3.
Any refund or overpayment shall be made to OCDA within sixty
13
(60) calendar days of the filing of the Notice of Completion
14
for the CONSTRUCTION CONTRACT(S)."
15
I, Page
10, IV, Part 4 - Agreement To Hold Harmless, Paragraph Nos. 3
16
and 4
shall be deleted and replaced as follows:
17
"3.
That neither CMSD nor any officer or employee thereof
18
shall be responsible for any damage or liability by
19
reason of anything done to, omitted to be done by CNB
under or in connection with any work, authority or
20
jurisdiction not delegated to CMSD under this agreement.
21
It is also understood and agreed that, pursuant to
22
Government Code Section 895.4 CNB shall fully indemnify,
23
defend, and hold harmless CMSD from any liability
24
imposed for injury (as defined by Government Code
25
Section 810.8), occurring by reason of anything done or
26
omitted to be done by CNB under this agreement.
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Amendment No. 1 to Agreement No.
4. That neither CNB nor any officer or employee thereof
shall be responsible for any damage or liability by
reason of anything done to, omitted to be done by CMSD
under or in connection with any work, authority or
jurisdiction not delegated to CNB under this agreement.
It is also understood and agreed that, pursuant to
Government Code Section 895.4 CMSD shall fully
indemnify, defend, and hold harmless CNB from any
liability imposed for injury (as defined by Government
Code Section 810.8), occurring by reason of anything
done or omitted to be done by CMSD under this
agreement."
J. Page 10, Add V. Part 5 - General Conditions:
111. Amendments
No alterations or variations of the terms of this AGREEMENT
shall be valid unless made in writing and signed by the
parties hereto, and no oral understanding or agreement not
incorporated herein shall be binding on any of the parties
hereto.
2. Successors and Assigns
The terms and provisions of this AGREEMENT shall be binding
upon and inure to the benefit of the parties hereto and their
successors and assigns.
3. Entirety
This AGREEMENT contains the entire agreement between the
parties with respect to the matters provided for herein.
4. Severability
If any part of this AGREEMENT is held, determined, or
adjudicated to be illegal, void, or unenforceable by a court
of competent jurisdiction, the remainder of this AGREEMENT
8
(L
I
Amendment No. 1 to Agreement No. D96 -16:
1
shall be given effect to the fullest extent reasonably
2
possible.
3
5. Binding Obligation
The parties to this AGREEMENT represent and warrant that this
4
AGREEMENT has been duly authorized and executed and
5
constitutes the legally binding obligation of their respective
6
organization or entity enforceable in accordance with its
7
terms.
8
6. Governing Law and Venue
9
This AGREEMENT has been negotiated and executed in the State
10
of California and shall be governed by and construed under the
11
laws of the State of California. In the event of any legal
action to enforce or interpret this AGREEMENT, the sole and
12
exclusive venue shall be a court of competent jurisdiction
13
located in Orange County, California, and the parties hereto
14
agree to and do hereby submit to the jurisdiction of such
15
court, notwithstanding Code of Civil Procedure, Section 394.
16
Furthermore, the parties have specifically agreed, as part of
17
the consideration given and received for entering into this
18
AGREEMENT, to waive any and all rights to request that an
19
action be transferred for trial to another County under Code
20
of Civil Procedure, Section 394."
21
All other terms and conditions of Agreement No. D96 -162 shall remain in
22
full
force and effect.
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Amendment No. 1 to Agreement No. 096 -16
1. IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers-thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date: "I' i3 -00
Date:
By
Approved as to form:
By
Mayor
City Attorney
Costa Mesa Sanitary District
A Body Corporar_eid Politic
By
Art Pe r!y,, i�P;rosident
By ,�J3
Secretary
Orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
Date: By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By /�.��e ' / / <� Dated:
f Deputy
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Amendment No. 1 to Agreement No. D96 -1
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
I Date:
Date: �� /� -OCR
I Date:
I Date:
By
Mayor
Approved as to form:
E
City Attorney
Costa Mesa Sanitary District
A Body Corporate a Politic
By °
-- Art Perrrj,, xesident
By
Secretary
Orange County Development Agency
A Body Corporate and Politic
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
f�.
By ', /� / //i Dated:
Deputy
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Amendment No. 1 to Agreement No.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
I Date:
Date:
Date:
Date:
I3-()o
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By
Deputy
By
Mayor
Approved as to form:
By
By
By
By
City Attorney
Costa Mesa Sanitary
Orange County Development Agency
A Body Corporate and Politic
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Dated:
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Amendment No. 1 to Agreement No.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
IDate:
IDate: I-1 3 -oo
IDate:
IDate:
(APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By 1
Deputy
By
Mayor
Approved as to form:
By
City Attorney
Costa Mesa Sanitary District
A Body Corporate and Politic
By
Art Perry,
By
j V Secretary
Orange County Development Agency
A Body Corporate and Politic
By
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
Dated:
10
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Amendment No. 1 to Agreement No.
IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be
executed by their officers thereunto duly authorized on the date first written above:
City of Newport Beach
A Municipal Entity
Date:
Date:
Date:
Date:
'7-13 -0c`
By
Mayor
Approved as to form:
By
By
By
BV
City Attorney
Costa Mesa Sar,.it-ary District
A Body Corporate and Politic
Orange County Development Agency
A Body Corporate and Politic
Chairman
SIGNED AND CERTIFIED THAT A COPY OF
THIS AGREEMENT HAS BEEN DELIVERED TO
THE CHAIRMAN OF THE BOARD
By
DARLENE J. BLOOM
Clerk of the Board of Supervisors of
Orange County, California
APPROVED AS TO FORM
LAURENCE M. WATSON
COUNTY COUNSEL
By /Z j`��t -'� Dated:
Deputy
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