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HomeMy WebLinkAboutContracts & Agreements_113-2000AGREEMENT FOR TEMPORARY WATER SERVICE CONNECTION This Agreement is made and entered into this 17th day of October, 2000, by and between THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a public agency of the State of California, organized and existing under the Metropolitan Water District Act of the State of California (hereinafter "Metropolitan"), and THE CITY OF REDLANDS, a municipal corporation, organized and existing under the laws of the State of California, (hereinafter "City of Redlands"). RECITALS WHEREAS, Metropolitan has begun construction of its Inland Feeder Project, near the City of Redlands, County of San Bernardino. WHEREAS, The Inland Feeder Project involves the construction of an underground pipeline for the conveyance of water. WHEREAS, Metropolitan is mitigating the temporary impacts of construction that may occur on groundwater levels and the horizontal well on the Property owned by the Blessed Hope Foundation ("Property") by providing a potable supply of water to the Property to replace the possible temporary loss of water supply from the horizontal well. WHEREAS, Metropolitan has agreed to provide a temporary connection between the municipal water supply system of the City of Redlands to the existing water system located on the Property. The temporary connection is to be sufficient to provide a flow of not less than seventeen gallons per minute (17 gpm). Metropolitan has agreed to pay all fees related to the Connection between the municipal water supply system and the existing water system. WHEREAS, Metropolitan has entered into a written agreement with the owners of the Property memorializing said terms. WHEREAS, the purpose of this Agreement is to set forth the terms and conditions associated with the above described temporary water service connection. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. TEMPORARY WATER CONNECTION: A. Project Description: A temporary connection ("Connection") between the municipal water supply system of the City of Redlands to the existing water system located on the Property, as generally shown and depicted on the drawing attached hereto as Exhibit "A". The temporary connection shall be used to provide replacement water to the Property for a period S:\wpshared\laubra\Redlands•MWD Interagency Agreement.doc -1- of not more than three years commencing if, and when, the flow from the existing horizontal well falls below a flow rate of 15 gpm for a period of thirty (30) consecutive days, or if the flow rate falls below 10 gpm for any period longer than 48 hours. Metropolitan shall pay the cost of water delivered by this temporary connection, including the cost of the Connection, until such time as - the flow from the existing horizontal well returns to a flow rate of 17 gpm or higher for a period of thirty (30) consecutive days, but not longer than three years unless there is an agreement between Metropolitan and the owner of the Property to extend the replacement water supply. B. Construction of the Temporary Connection: Metropolitan shall compensate the City of Redlands for the costs associated with the design and installation of the Connection, which shall include a valve, meter and piping to the property boundary. Metropolitan shall, with its staff and/or by the employment of a qualified and properly licensed contractor, furnish and construct the piping from the Connection to the existing water system on the Property. The City of Redlands shall install a locking device at the Connection to prevent system activation until the City of Redlands is requested by Metropolitan to activate water service to the Property. C. Connection Fees: No connection fee shall be required by the City of Redlands for the Connection during the first twelve (12) months of its activation. In the event the use of the Connection exceeds twelve months, and the flow from the existing horizontal well has not returned to a flow rate of 17 gpm or higher for a period of thirty (30) consecutive days, Metropolitan shall have the option of paying the connection fee to the City of Redlands water system, or to provide an alternative means of providing water to the Property. D. Monthly Service Billings: Monthly billings shall be based on the current meter reading at the Connection for the type of service received in accord with the City of Redlands rules, regulations, and policies. Payment of monthly service account billings shall be the responsibility of Metropolitan until Metropolitan provides notice that its obligations to provide service have been terminated. Upon such notification, City of Redlands shall terminate service to the Connection and render Metropolitan a final account billing. In the event that the owners of the Property desire to utilize the Connection subsequent to termination of Metropolitan's obligations under this agreement, the owners will separately request and be responsible to comply with any conditions or fees imposed by the City of Redlands. 2. PREPARATION OF THIS AGREEMENT: This. Agreement is a product of joint drafting and shall not be construed against any party as having been the drafting party. 3. PURPOSE OF CAPTIONS: Captions of Paragraphs are for convenience purposes only and are not part of this Agreement. 4. BINDING PROVISION: This Agreement is binding on the heirs, representatives, successors and assigns of the Parties hereto. 5. SEVERABILITY: If any portion of this Agreement is declared by a court of law to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the S:\wpshared\laubra\Redlands-MWD interagency Agreement.doc -2- remaining parts shall remain in full effect as though such invalid or unenforceable provision had not been a part of this Agreement. 6. NOTICES: Any notice required under this Agreement will be provided by mail, postage prepaid, addressed as follows: Daniel Tempelis Inland Feeder Project Manager The Metropolitan Water District of Southern California Post Office Box 54153 Los Angeles, California 90054-0153 Municipal Utilities Director City of Redlands Y.U. Box 3005 Redlands, California 92373 7. TERM OF THIS AGREEMENT: Unless otherwise mutually agreed to in writing, the term of this Agreement shall expire five (5) years from the date of its execution. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date set forth above. THE METROPOLITAN WATER DISTRICT Approved as to form: OF SOUTHERN CALIFORNIA Ronald Gastelum General Manager By: CITY OF RE LANDS Mayor Pat Gilbreath S:\wpshared\laubra\Redlands-MWD Interagency Agreement.doc Roderick E. Walston General Counsel By: ATTEST: -3- Ci leek Poyzer October 17, 2000 Resolution No. 5809 - Measure I - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously adopted Resolution No. 5809 adopting a five year capital improvement plan and 20 year transportation plan related to Measure I. Agreement - Metropolitan Water District - On motion of Councilmember Haws, seconded by Councilmember Freedman, the City Council unanimously approved an agreement for a temporary water service connection with the Metropolitan Water District of Southern California for the Blessed Hope Property located at Wabash Avenue and the I-10 Freeway in connection with the Inland Feeder Project that delivers water from the Devil Canyon area in North San Bernardino to Diamond Valley Lake near Hemet. PLANNING AND COMMUNITY DEVELOPMENT Sign Code Amendment - John James, Chairman of the Redlands Chamber of Commerce sign committee, presented a revised summary of their recommended changes which now include issues pertaining to the Omnitrans bus stop amenity program and a request from the Redlands Auto Center for display of helium balloons. He reported this committee, comprised of members of the Chamber of Commerce, met a minimum of every other week for approximately three months. Mr. James expressed appreciation to Community Development Director Shaw for his expertise and assistance in this effort. A letter was also received from Andy Jones, Customm Signs, expressing concerns about the square footage required to meet the current definition of "major tenant" as it applies to the Tri-City Center. Mr. Jones and his partner, Roger Byers, addressed the City Council at length. Community Development Director Shaw explained that a lot of thought was given to multiple tenant signs when the Sign Code was last revised and that perhaps the current City Council needed to review policy issues. Councilmember Freedman moved to direct staff to initiate and process a ordinance text amendment to Chapter 15 of the Redlands Municipal Code pertaining to signs specifically examining the requests identified by the Chamber of Commerce, the Redlands Auto Center, Omnitrans, and Tri-City Center. Motion seconded by Councilmember Gilbreath and carried unanimously. Prioritization of Projects - Mayor Pro Tem George asked the City Council to again consider prioritizing projects at a study session at the next City Council meeting. COMMUNICATIONS Appointment - Trails Committee - Mayor Gilbreath moved to nominate Ted Balph and Anne Mohnike as recommended by Councilmember Haws to four year terms on the Trails Committee. Motion seconded by Councilmember Haws and carried unanimously. October 17, 2000 Page 4 / . .............. 1, • - ............... ......... „, .... • ,." ...... .• ..... ..• . • • •• • • • ••• \ I. ....... ................ ............. .. ..... •••• • •• ••••• ; .. • ••• • ••• ..... • ••••• •• •• • ••.. • •• • •„ ......... ......... , • . . Aopc.pRcoximAre Locmcsi: . . ›`-• ..k :. w'r-t*: - '*-N ---.. *ow , ,t , '... Ns ( ' --...*...., - • . -'' , . . `. `. ... ............ ' • .......... / • : ST64E TANK \ ..... .......... 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