HomeMy WebLinkAboutC-3162 - Emergency water services agreement0
TO:
FROM:
SUBJECT:
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Mayor and City Council Members
Public Works Department
September 8, 1997
CITY COUNCIL AGENDA
ITEM NO. 5
C -31(r)
EMERGENCY WATER SERVICES AGREEMENT WITH IRVINE
RANCH WATER DISTRICT
RECOMMENDATION:
1. Approve the emergency water services agreement with Irvine Ranch Water District.
2. Authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
DISCUSSION:
In the summer of 1997, Irvine Ranch Water District (IRWD) acquired the Santa Ana
Heights Mutual Water Company ( SAHMWC). During negotiations between SAHMWC
and IRWD, a request was made by SAHMWC to Newport Beach for an emergency
water service inter -tie at Irvine Avenue and Orchard Drive. .
Since IRWD acquired SAHMWC during preparation of the emergency water service
agreement, staff continued working on their request with IRWD to develop an
emergency water service agreement for the northeasterly portion of the SAHMWC
service area. This area is located within the City of Newport Beach sphere of influence.
Staff has researched the location where the emergency water inter -tie is requested at
Irvine Avenue and Orchard Drive. The City's water main in Irvine Avenue is served by
the Big Canyon Reservoir and several MWD connections. In staffs opinion, the City's
system is capable of providing the emergency water needed during intermittent high
demand, such as fire flow conditions, without any negative consequences to the City's
water system. The City would only be delivering water through this connection under
extremely high demand such as fire flows and occasional peak hour flows. The type of
emergency inter -tie that is being requested includes a meter and a pressure reducing
valve that opens automatically or at a preset pressure level.
A similar type of inter -tie was installed by the City in 1990 to serve the northwesterly
portion of their service area during low pressure conditions. Our records indicate that,
in the last year, pressure conditions have not been low enough to utilize the connection.
iEmergenoater Service Agreement with IRWD
September 8, 1997
Page 2
In accordance with Municipal Code Section 14.04.150, Contractual Agreement to
Supply Water Outside the City, an agency must have a written contract authorized by
the City Council to purchase water from the City. Any contract or agreement for the
sale of water is therefore subject to the approval of the City Council.
On May 27, 1997, the Public Works Committee authorized Staff to present the
emergency water service agreement to the City Council for approval.
CONCLUSION:
Staff recommends that the City Council approve the emergency water service
agreement with Irvine Ranch Water District.
Respectfully submitted,
PUBLIC WORKS DEPARTMENT
Don Webb, Director
By: -
Eldon G. Davidson
Utilities Manager
EGD:tam
Attachment: Copy of Emergency Water Service Agreement
11
0
AGREEIINT BETWEEN CITY OF NEWPIST BEACH
AND IRVINE RANCH WATER DISTRICT WATER SERVICE COMPANY LLC
FOR AN EMERGENCY WATER SYSTEM INTERCONNECTION
This Agreement is made and entered into effective this _ day of 1997,
by and between the City of Newport Beach, a municipal corporation ( "City") and the Irvine
Ranch Water District, a California Water District ( "IRWD ") acting for and on behalf of the
Irvine Ranch Water District Water Service Company LLC, California limited liability company
RECITALS
A. City and LLC each own and operate water facilities for the distribution of domestic water
within their respective service boundaries.
B. LLC is interested in causing construction of an emergency interconnection with the City's
water system to provide emergency water service to the residential and business area
within LLC's service area known as Santa Ana Heights. The area to be served is shown
in Exhibit "A" which is attached and incorporated herein by reference. Santa Ana
Heights is located within the City's sphere of influence.
C. LLC desires to have an offsite interconnection from City's existing transmission main in
Irvine Avenue for backup water service during emergencies and low pressure conditions.
D. City is willing to permit an interconnect to City's water system and LLC is willing to pay
all costs associated with engineering and construction of this interconnection, and cause
IRWD to administer the construction contract.
E. City, IRWD and LLC each have the power and authority in law to enter into this
Agreement.
NOW THEREFORE, City and LLC for mutually valuable consideration, receipt of which
is hereby acknowledged, hereby agree as follows:
1. CONSTRUCTION OF INTERCONNECTION
MLLC and IRWD shall design, build and administer the construction contract for the
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proposed interconnection, consisting of interconnecting water mains, a new pressure
reducing vault and new meter vault, collectively known as the "Water Interconnection."
All design, construction and administration costs and expenses shall be borne by LLC
and IRWD. Following completion of construction of the Water Interconnection and upon
inspection and acceptance of the Water Interconnection by City, LLC shall dedicate to
City those portions of the Water Interconnection constructed pursuant to this Agreement
free and clear of any interest or encumbrance of LLC or IRWD. LLC shall have the
right to connect to the portions of the Water Interconnection accepted by City in such a
manner that the Water Interconnection will provide a backup water supply connection for
an emergency water supply to LLC. City shall thereupon assume all maintenance and
operational responsibilities for the portions of the Water Interconnection accepted by
City, except those maintenance responsibilities covered within the guaranty by the
installation contractor. LLC shall cause the contract to provide that the contractor
guarantees the Water Interconnection for a period of one (1) year after acceptance and
that such guaranty may be assigned to City for such portion of the Water Interconnection
accepted by City.
0.
2. DETAILS OF WATER INTERCONNECTION
The alignment, sizing, materials and other design information concerning the Water
Interconnection shall be approved by City and shown on engineering drawings approved
by City.
3. ENVIRONMENTAL REVIEW
IRWD shall act as the lead agency for the purpose of taking proceedings under the
California Environmental Quality Act with respect to the Water Interconnection. For this
purpose all work pursuant to this Agreement shall be deemed a single project and
reference will be made to any related environmental proceedings accomplished by or on
behalf of City.
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Page 3
City agrees to provide to LLC and IRWD all existing plans for the Irvine Avenue water
main, adjacent street and City utilities, water usage tables, water main maintenance
schedules and other data collected by City for use in preparing the design of the Water
Interconnection. City shall designate and approve the preferred site for the meter vault
to be constructed within Irvine Avenue or an adjacent right -of -way. City shall designate
design criteria for use by LLC and IRWD in designing the Water Interconnection and
shall provide LLC and IRWD with access to City facilities as necessary and as may be
requested by the LLC's respective parties. City shall assist LLC in applying for and
securing all City permits for the work. City agrees that no fees shall be charged for
permits which are issued by City for such work.
5. CHANGE ORDERS
LLC shall consult with City in regard to changes needed in the work as they become
evident. All such change orders must be approved by LLC and City. LLC shall provide
City with a copy of each approved and executed change order.
6. AS -BUILT CONSTRUCTION DRAWINGS
LLC shall furnish the City with a copy of the record mylar as- builts construction
drawings.
7. INTERCONNECTION OWNERSHIP
The City shall become owner of the portion of the Water Interconnection that includes
the connection to the City's water system, the main connecting the City's water system
to the meter and pressure regulation vault, and the meter and pressure regulatory vault
and appurtenances.
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8. USE OF INTERCONNECTION
The Water Interconnection will be available for use by LLC in two (2) modes of
operation. One mode is automatic emergency service. The other mode is a standby
emergency service..
a. Automatic Emergency Service
In this mode of operation, the Water Interconnection shall be set to supply
emergency water to LLC on demand without any manual operation or advance
notice to City. 48 hours advance notice to City is required if LLC has a pre -
scheduled operation to take water. This automatic mode of operation will be in
effect from the date of execution of this Agreement until December 31, 2002.
The City will have sole responsibility for setting the pressure ranges on the
automatic valve supplying water to LLC. The City will cooperate with LLC in
the selection of the pressure ranges for the automatic valve.
b. Standby Emergency Service (Manual Operation)
In this mode of operation, LLC shall give the City 48 hours notice of a planned
use of the Water Interconnection and as much time as is practical if there is an
emergency condition. The advance notice affords the City time to properly adjust
its system so that it will be able to supply both the needs of its own system and
the interconnected system. The standby mode becomes effective January 1, 2003.
City, in its sole discretion, may withhold or defer approval; of any request for
water if the City cannot accommodate the water demand from both its own
system and the requesting party's system at the requested time of a planned
outage. The City will make all reasonable effort to provide the requested supply
through the Water Interconnection under this section.
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C. Liability Limitations
The foregoing notwithstanding, the City does not guarantee that at a given time,
any specified water flow, quantity, quality or pressure will be available to be
taken through the Water Interconnection, and the City will not be responsible to
LLC for outages, fluctuations in or losses of pressure or any other condition
which may cause LLC to be unable to obtain its desired flow or pressure through
the Water Interconnection.
9. MEASUREMENT AND BILLING
A one -way reading meter shall be installed as part of the Water Interconnection to
measure water flowing through the Water Interconnection in 100 cubic foot units. The
meter shall be read before and after each use of the Water Interconnection during the
stand -by mode and read bimonthly during the automatic mode and the City will bill LLC
within the next billing cycle. The rate and charges for water supplied through the Water
Interconnection by the City shall be according to current rate structure of the City. Any
bill for water used hereunder shall be payable upon receipt by LLC and shall be due
within the time period stated on the billing party's invoice.
10. INDEMNIFICATION
Neither IRWD, LLC nor City, nor any officer or employee thereof, shall be responsible,
for any loss, damage or injury of any kind or character to any person or property arising
out of anything done or omitted by the other under or in connection with any work or
obligation performed under this Agreement. It is also agreed that pursuant to
Government Code Section 895.4, IRWD, LLC and City shall each be fully indemnified
and held harmless by the others from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by the others under or in connection with any work or obligation performed under
this Agreement.
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11. CONTRACTORS INSURANCE
LLC shall require or cause the construction contractor for the Water Interconnection to
be required to maintain policies of public liability insurance for personal injury and
property damage, including motor vehicle operators, during all times of the contract in
amounts satisfactory to LLC and City and in a form satisfactory to LLC's legal counsel
and City's City Attorney. Said policies of public liability insurance shall name the City,
its officers, agents and employees as additional insured thereon.
12. INSURANCE
LLC, must provide proof of Workers Compensation Insurance coverage for all workers
and employees. LLC shall name the City of Newport Beach as an additional insured on
all policies of insurance for liability coverage. Such coverage shall be in accord with the
insurance requirements outlined below:
a. The insurance afforded said additional insured(s) shall apply as primary insurance M
and no other insurance maintained by the City of Newport Beach shall be called
upon to contribute with insurance provided by this policy.
b. The policy shall include the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
liability of the company affording coverage."
C. Insurance companies affording coverage shall be (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of
California, and (2) assigned Policyholders' Rating "A" (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide: Property- Casualty.
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13. NOTICE
Any notice or other document and all billings and payments required or permitted to be
given by either parry hereto to the other party shall be deemed received upon delivery
in person to the recipient or upon deposit in the United States mail in the State of
California, with postage prepaid, and addressed to the parry for whom intended at the
following address:
To CITY: City of Newport Beach
Public Works Department - Utilities
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
To IRWD: Irvine Ranch Water District
15600 Sand Canyon Avenue
Post Office Box 57000
Irvine, California 92619 -7000
To LLC: Irvine Ranch Water District Water Service
Company LLC
15600 Sand Canyon Avenue
Post Office Box 57000
Irvine, California 92619 -7000
14. WAIVER .
A waiver by City of any breach of any term, covenant or condition contained herein shall
not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein whether of the same or different character.
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15. COST OF LITIGATION 0
If any legal action is necessary to enforce any provision hereof or for damages by reason
of an alleged breach of any provisions hereof, the prevailing party shall be entitled to
receive from the losing party all costs and expenses, including reasonable attorney's fees,
in such amount as the court may adjudge to be reasonable costs of litigation.
16. TERMINATION
Either parry shall have the right to terminate this Agreement at any time without cause
upon thirty (30) days' written notice. Either party may terminate this Agreement
immediately if City's water source is depleted or incurs unacceptable pressure
fluctuations or drops or water quality degradation occurs in either party's water system.
17. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements either oral or in writing,
between the parties hereto with respect to the Water Interconnection and contains all of
the covenants and agreements made between the parties with respect to that matter in any
manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any party, which are not embodied herein, and that no
other prior agreement, statement or promise regarding this subject which is not contained
in this Agreement shall be valid or binding upon either party.
18. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of law, with competent jurisdiction,
to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue
in full force without being impaired or invalidated in any way.
19. AMENDMENTS
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This Agreement shall not be amended except by a written amendment executed by the
parties hereto.
20. SUCCESSORS
The benefits and burdens of this Agreement are intended to run to the successor of either
party to this Agreement.
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IN WITNESS WHEREOF, this Agreement has been executed in triplicate in the names
of the parties by their duly authorized officers on the date first hereinabove written.
APPROVED AS TO FORM
Robin Clauson
Assistant Ciry Attorney
ATTEST:
LaVonne Harkless
City Clerk
%WP51 %RKBVRWDVJBAGMT 08.21.47
CITY OF NEWPORT BEACH,
a Municipal Corporation
Ian Debay, Mayor
,City"
IRVINE RANCH WATER
DISTRICT, a California Water District,
by and for the IRVINE RANCH WATER
DISTRICT WATER SERVICE
COMPANY LLC
LLC"
IRVINE RANCH WATER
DISTRICT, a California Water District,
"IRWD"
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OF
• I IRVINE RANCH WATER DISTRICT
EMERGENCY INTER -TIE
LOCATION MAP
CORONA DEL MAR FREEWAY
BRISTOL SOUTH
SANTA ANA HECHTS
WATER COMPANY
[EKHOM07 6%
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
DRAWN. A CASTANON DATE: MAY 1& 1997
AGREEMPT BETWEEN CITY OF NEWPOAPBEACH
AND IRVINE RANCH WATER DISTRICT WATER SERVICE COMPANY LLC
FOR AN EMERGENCY WATER SYSTEM INTERCONNECTION
This Agreement is made and entered into effective this Yt�day of 1 : - L'< 1997,
by and between the City of Newport Beach, a municipal corporation ( "City ") and the Irvine
Ranch Water District, a California Water District ( "IRWD ") acting for and on behalf of the
Irvine Ranch Water District Water Service Company LLC, California limited liability company
RECITALS
A. City and LLC each own and operate water facilities for the distribution of domestic water
within their respective service boundaries.
B. LLC is interested in causing construction of an emergency interconnection with the City's
water system to provide emergency water service to the residential and business area
within LLC's service area known as Santa Ana Heights. The area to be served is shown
in Exhibit "A" which is attached and incorporated herein by reference. Santa Ana
Heights is located within the City's sphere of influence.
C. LLC desires to have an offsite interconnection from City's existing transmission main in
Irvine Avenue for backup water service during emergencies and low pressure conditions.
D. City is willing to permit an interconnect to City's water system and LLC is willing to pay
all costs associated with engineering and construction of this interconnection, and cause
IRWD to administer the construction contract.
E. City, IRWD and LLC each have the power and authority in law to enter into this
Agreement.
NOW THEREFORE, City and LLC for mutually valuable consideration, receipt of which
is hereby acknowledged, hereby agree as follows:
1. CONSTRUCTION OF INTERCONNECTION
LLC and IRWD shall design, build and administer the construction contract for the
\WP51\RKB \IRWD \NBAGMT 08.21.97
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Agreement Between City Of Newpme Beach arN Bvine Ranch Water District
Water Service Company LLC For An Gmergemy Water System Interconnection
Page 2
proposed interconnection, consisting of interconnecting water mains, a new pressure
reducing vault and new meter vault, collectively known as the "Water Interconnection."
All design, construction and administration costs and expenses shall be borne by LLC
and IRWD. Following completion of construction of the Water Interconnection and upon
inspection and acceptance of the Water Interconnection by City, LLC shall dedicate to
City those portions of the Water Interconnection constructed pursuant to this Agreement
free and clear of any interest or encumbrance of LLC or IRWD. LLC shall have the
right to connect to the portions of the Water Interconnection accepted by City in such a
manner that the Water Interconnection will provide a backup water supply connection for
an emergency water supply to LLC. City shall thereupon assume all maintenance and
operational responsibilities for the portions of the Water Interconnection accepted by
City, except those maintenance responsibilities covered within the guaranty by the
installation contractor. LLC shall cause the contract to provide that the contractor
guarantees the Water Interconnection for a period of one (1) year after acceptance and
that such guaranty may be assigned to City for such portion of the Water Interconnection
accepted by City.
2. DETAILS OF WATER INTERCONNECTION
The alignment, sizing, materials and other design information concerning the Water
Interconnection shall be approved by City and shown on engineering drawings approved
by City.
3. ENVIRONMENTAL REVIEW
IRWD shall act as the lead agency for the purpose of taking proceedings under the
California Environmental Quality Act with respect to the Water Interconnection. For this
purpose all work pursuant to this Agreement shall be deemed a single project and
reference will be made to any related environmental proceedings accomplished by or on
behalf of City.
\WP51 \RKB \IRWD \NBAGMT 08.21.97
0
Agreement Between City Of Newport Beach and Irvine Balkh Water Dlsvict
Water Service Company LLC For An Emergency Water System Interconnection
Page 3
4. CITY CRITERIA AND INFORMATION
City agrees to provide to LLC and IRWD all existing plans for the Irvine Avenue water
main, adjacent street and City utilities, water usage tables, water main maintenance
schedules and other data collected by City for use in preparing the design of the Water
Interconnection. City shall designate and approve the preferred site for the meter vault
to be constructed within Irvine Avenue or an adjacent right -of -way. City shall designate
design criteria for use by LLC and IRWD in designing the Water Interconnection and
shall provide LLC and IRWD with access to City facilities as necessary and as may be
requested by the LLC's respective parties. City shall assist LLC in applying for and
securing all City permits for the work. City agrees that no fees shall be charged for
permits which are issued by City for such work.
5. CHANGE ORDERS
LLC shall consult with City in regard to changes needed in the work as they become
evident. All such change orders must be approved by LLC and City. LLC shall provide
City with a copy of each approved and executed change order.
6. AS -BUILT CONSTRUCTION DRAWINGS
LLC shall furnish the City with a copy of the record mylar as- builts construction
drawings.
7. INTERCONNECTION OWNERSHIP
The City shall become owner of the portion of the Water Interconnection that includes
the connection to the City's water system, the main connecting the City's water system
to the meter and pressure regulation vault, and the meter and pressure regulatory vault
and appurtenances.
\WP51 \RKB \IRWD \NBAGMT 08.21.97
•
Agreement Between City Of Newlron Beach arc rvia, Ranch Water District
Water Service Company LLC For An Emergency Water System Interconnection
Page 4
8. USE OF INTERCONNECTION
The Water Interconnection will be available for use by LLC in two (2) modes of
operation. One mode is automatic emergency service. The other mode is a standby
emergency service.
a. Automatic Emergency Service
In this mode of operation, the Water Interconnection shall be set to supply
emergency water to LLC on demand without any manual operation or advance
notice to City. 48 hours advance notice to City is required if LLC has a pre -
scheduled operation to take water. This automatic mode of operation will be in
effect from the date of execution of this Agreement until December 31, 2002.
The City will have sole responsibility for setting the pressure ranges on the
automatic valve supplying water to LLC. The City will cooperate with LLC in
the selection of the pressure ranges for the automatic valve.
b. Standby Emergency Service (Manual Operation)
In this mode of operation, LLC shall give the City 48 hours notice of a planned
use of the Water Interconnection and as much time as is practical if there is an
emergency condition. The advance notice affords the City time to properly adjust
its system so that it will be able to supply both the needs of its own system and
the interconnected system. The standby mode becomes effective January 1, 2003.
City, in its sole discretion, may withhold or defer approval of any request for
water if the City cannot accommodate the water demand from both its own
system and the requesting party's system at the requested time of a planned
outage. The City will make all reasonable effort to provide the requested supply
through the Water Interconnection under this section.
\WP51 \RKB \1RWD \NBAGMT 08.21.97
0
Agreement Between City Of Newport Beach awl Irvine Ranch Water District
Water Serva,c Company LLC For An Emergency Water System Interconnection
Page 5
C. Liability Limitations
The foregoing notwithstanding, the City does not guarantee that at a given time,
any specified water flow, quantity, quality or pressure will be available to be
taken through the Water Interconnection, and the City will not be responsible to
LLC for outages, fluctuations in or losses of pressure or any other condition
which may cause LLC to be unable to obtain its desired flow or pressure through
the Water Interconnection.
9. MEASUREMENT AND BILLING
A one -way reading meter shall be installed as part of the Water Interconnection to
measure water flowing through the Water Interconnection in 100 cubic foot units. The
meter shall be read before and after each use of the Water Interconnection during the
stand -by mode and read bimonthly during the automatic mode and the City will bill LLC
within the next billing cycle. The rate and charges for water supplied through the Water
Interconnection by the City shall be according to current rate structure of the City. Any
bill for water used hereunder shall be payable upon receipt by LLC and shall be due
within the time period stated on the billing party's invoice.
10. INDEMNIFICATION
Neither IRWD, LLC nor City, nor any officer or employee thereof, shall be responsible
for any loss, damage or injury of any kind or character to any person or property arising
out of anything done or omitted by the other under or in connection with any work or
obligation performed under this Agreement. It is also agreed that pursuant to
Government Code Section 895.4, IRWD, LLC and City shall each be fully indemnified
and held harmless by the others from any liability imposed for injury (as defined in
Government Code Section 810.8) occurring by reason of anything done or omitted to be
done by the others under or in connection with any work or obligation performed under
this Agreement.
\WP51 \RKB \IRWD \NBAGMT 08.21.97
0
Agreement Between City Of Newport Beach and Irvine Raneh Water Diswet
Water Service Company LLC For An Emergency Water System Interconnection
Page 6
11. CONTRACTORS INSURANCE
LLC shall require or cause the construction contractor for the Water Interconnection to
be required to maintain policies of public liability insurance for personal injury and
property damage, including motor vehicle operators, during all times of the contract in
amounts satisfactory to LLC and City and in a form satisfactory to LLC's legal counsel
and City's City Attorney. Said policies of public liability insurance shall name the City,
its officers, agents and employees as additional insured thereon.
12. INSURANCE
LLC, must provide proof of Workers Compensation Insurance coverage for all workers
and employees. LLC shall name the City of Newport Beach as an additional insured on
all policies of insurance for liability coverage. Such coverage shall be in accord with the
insurance requirements outlined below:
a. The insurance afforded said additional insured(s) shall apply as primary insurance
and no other insurance maintained by the City of Newport Beach shall be called
upon to contribute with insurance provided by this policy.
b. The policy shall include the following provision:
"The insurance afforded by the policy applies separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
liability of the company affording coverage."
C. Insurance companies affording coverage shall be (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of
California, and (2) assigned Policyholders' Rating "A" (or higher) and Financial
Size Category Class VII (or larger) in accordance with the latest edition of Best's
Key Rating Guide: Property- Casualty.
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Agreenient Between City Of Newport Beach arc1 Irvine Ranch Water District
Water Service Company LLC For An Emergeney Water System Interconnection
Page 7
13. NOTICE
Any notice or other document and all billings and payments required or permitted to be
given by either party hereto to the other party shall be deemed received upon delivery
in person to the recipient or upon deposit in the United States mail in the State of
California, with postage prepaid, and addressed to the party for whom intended at the
following address:
To CITY: City of Newport Beach
Public Works Department - Utilities
3300 Newport Boulevard
P.O. Box 1768
Newport Beach, CA 92658 -8915
To IRWD: Irvine Ranch Water District
15600 Sand Canyon Avenue
Post Office Box 57000
Irvine, California 92619 -7000
To LLC: Irvine Ranch Water District Water Service
Company LLC
15600 Sand Canyon Avenue
Post Office Box 57000
Irvine, California 92619 -7000
14. WAIVER
A waiver by City of any breach of any term, covenant or condition contained herein shall
not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein whether of the same or different character.
\ WP51 \RKB \IRWD \NBAGMT 08.21.47
0 0
Agreement Between City Of Newport Beach and Irvinc Ranch Water District
Water Service Company LLC For An Emergemy Water System Interconnection
Page 8
15. COST OF LITIGATION
If any legal action is necessary to enforce any provision hereof or for damages by reason
of an alleged breach of any provisions hereof, the prevailing party shall be entitled to
receive from the losing party all costs and expenses, including reasonable attorney's fees,
in such amount as the court may adjudge to be reasonable costs of litigation.
16. TERMINATION
Either party shall have the right to terminate this Agreement at any time without cause
upon thirty (30) days' written notice. Either party may terminate this Agreement
immediately if City's water source is depleted or incurs unacceptable pressure
fluctuations or drops or water quality degradation occurs in either party's water system.
17. ENTIRE AGREEMENT
This Agreement supersedes any and all other agreements either oral or in writing,
between the parties hereto with respect to the Water Interconnection and contains all of
the covenants and agreements made between the parties with respect to that matter in any
manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party,
or anyone acting on behalf of any party, which are not embodied herein, and that no
other prior agreement, statement or promise regarding this subject which is not contained
in this Agreement shall be valid or binding upon either party.
18. PARTIAL INVALIDITY
If any provision in this Agreement is held by a court of law, with competent jurisdiction,
to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue
in full force without being impaired or invalidated in any way.
19. AMENDMENTS
\WP51 \RKW1RWD \NBAGMT 08.21 97
• •
Agrecment Between City Of Newpmt Beach and Irvine Ranch Water District
Water Service Company LLC For An Emugemy Wamr tiystem Intercnn¢dian
Page 9
This Agreement shall not be amended except by a written amendment executed by the
parties hereto.
20. SUCCESSORS
The benefits and burdens of this Agreement are intended to run to the successor of either
party to this Agreement.
\ W P51 \RKB \IR WD \NBAGMT 08.21.97
i
Agreement Between City Of Newpnr, Beach and Irvine Ranch Water Mines
Water Service Company LLC For An Emergemy Water System Intemoncenion
Page 10
IN WITNESS WHEREOF, this Agreement has been executed in triplicate in the names
of the parties by their duly authorized officers on the date first hereinabove written.
APPROVED AS TO FORM
Robin Clauson
Assistant City Attorney
ATTT7cT
LaVonne Harkless
City Clerk
\WP51 \RKB \IRWD \NRAGMT 08.21.97
CITY OF NEWPORT BEACH,
a Municipal Corporation
Qebay, Mayor
CIry
IRVINE RANCH WATER
DISTRICT, a California Water District,
by and for the IRVINE RANCH WATER
DISTRICT WATER SERVICE
COMPANY LLC
IRVINE RANCH WATER
DISTRICT, a California Water District,
CITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.Q. BOX 1768, NEWPORT BEACH, CA 92658 -8915
September 25,1997
Leslie Flessel
District Secretary
Irvine Ranch Water District
P.O. Box 57000
Irvine, CA 92619 -7000
Dear Leslie:
(714) 644 -3005
I have enclosed a fully executed copy of the Emergency Water System
Interconnection Agreement between the City of Newport Beach and the Irvine
Ranch Water District as requested.
Sincerely,
LaVonne M. Harkless, CMC/ AAE
City Clerk
3300 Newport Boulevard, Newport Beach
i
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kap;p lX�'IYJ(T
RI 1 E 811111 1 AT E R 111011 i/I, 15600 Sand Canyon Ave.. P.O. Box 57000. Irvine. CA 92619-7000.(.7141453-5300
September 17, 1997
Ms. LaVonne Harkless
City Clerk
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
SUBJECT: AGREEMENT RELATIVE TO AN EMERGENCY WATER SYSTEM
INTERCONNECTION
Dear Ms. Harkless:
I have enclosed four original agreements for execution by the City of Newport Beach.
Once fully executed, please return one copy to Leslie Flessel, District Secretary.
Thank you for your assistance in this matter. If you have any questions, please feel free to contact me.
Sincerely,
Gregory P. Heiertz
Director of Engineering and Planning
Enclosures (4)