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1980-0319_OC WATER WORKS DISTRICT NO 4_Agreement. 10 a AGREEMENT FOR INSTALLATION OF CERTAIN WATER FACILITIES AND IMPROVEMENTS THIS AGREEMENT is made and entered into this 19th day of March, 1980 by and between the CITY OF SAN JUAN CAPISTRANO a municipal corporation (hereinafter referred to as the "City"), and ORANGE COUNTY WATER WORK DISTRICT NO. 4 (hereinafter referred to as the "District"). R E C I T A L S A. The City Council of the City proposes to take proceedings .(hereinafter called "proceedings") under the "Municipal Improvement Act of 1913" (commencing with Section 10000, Streets and Highways Code) for ordering the construction and installation of certain improvements within said City, and to assess the costs and expenses of such improvements against an assessment district containing the lands to be benefited by the improvements; said special assessment district is known and designated as ASSESSMENT DISTRICT NO. 78-1 (hereinafter referred to as the "Assessment District"). B. District is a public agency organized and existing under the laws of the State of California, and is authorized and obligated to provide water service to the territory and property within the boundaries of the proposed Assessment District. C. The improvements include, among other things, the install- ation of certain water facilities, as hereinafter described, with particular reference made to the plans, specifications and Engineer's report for the above -referenced Assessment District, which upon approval by the City Council, will remain on file in the Office of the City Clerk and be opened to public inspection. The improvements generally consist of the following: JO D. The City and District desire at this time to enter into an agreement pursuant to the provisions of Section 10110 of the Streets and Highways Code whereby the District will provide certain water service to lands within the boundaries of the Assessment District. NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. WORK TO BE PERFORMED. City shall cause to be constructed and installed the water acilities shown and described on the plans, which plans are hereby incorporated herein and made a part hereof. District shall furnish and supply, or approve, all plans, specifi- cations, drawings,administration, supervision, inspection of construction and any other services required for the construction and installation of water facilities. 2. PROCEEDINGS. City shall conduct proceedings authorizing the constructi+'on and installation of the improvements, including the water facilities. If the City Council confirms an assessment to pay the cost and expenses of the improvements, and adopts a resolution ordering the construction and installation, City shall establish a special improvement fund into which shall be deposited all payments made upon any assessment and the entire proceeds of any bonds issued to represent unpaid assessments. The fund shall be used exclusively for the payment of the costs and expenses of the proceedings and the construction and installation of the water facilities. 3. CONSTRUCTION OF WATER FACILITIES. The City shall award the construction contract for the above referenced Assessment District to the lowest responsible bidder, as required by law, and said bidder shall post the applicable performance and payment bonds in the amounts for said work, all as set forth in the specifications as previously approved by the City Council. h. CHANGES IN WORK. The work to be performed under this Agreement and'£or which City is obligated to pay shall not be changed, except in the manner and to the extent authorized by the "Municipal Improvement Act of 1913". 5. NOTICE OF COMPLETION_ TRANSFER OF TITLE. Upon completion by City ot the installation and construction of .the water facilities and the acceptance thereof by City, City shall file a Notice of Completion with the County Recorder and thereupon title to the water facilities shall be vested in District and constitute part of its water system and shall thereafter be used, operated and maintained by it as part of its system. 6. AGREEMENT MADE PURSUANT TO THE MUNICIPAL II'PROVEiJENT ACT OF 1913. This Agreement is made pursuant to the "Fiunicipal Improveme: Act of 1913" and, in particular, Section 10110, Streets and Highways Code. All payments required to be made by City for water improve- ments shall be payable solely and exclusively from the special improvement fund provided for in Section 2 hereof and that City shall -2- R not be obligated to make any such payments from any other funds or monies of said City. This agreement is subject to the power of the City Council to abandon the proceedings at any time prior to the effective date of this Agreement. Except for the furnishing and supplying, or approval, of the water facilities plans, District shall not be obligated to perform any of the work provided for in this Agreement until it becomes effective. 7. EFFECTIVE DATE OF AGREEMENT. Pursuant to Section 10110 of the Streets and Highways Code, this Agreement shall become effective after proceedings have been taken and work ordered, pursuant to the "Municipal Improvement Act of 1913" and funds are available to carry out all of its terms. In the event the proceedings for the formation of the special assessment district shall be abandoned, enjoined or held by a court of competent jurisdiction to be illegally or improperly conducted, or if for any reason the proceedings are not consummated, or if consummated and funds are not sufficient or available, then this Agreement shall be terminated and any Agreement between the parties shall be cancelled. 8. NOTICES. Any notice authorized or required by this Agreement shall be deemed to have been sufficiently given if and when sent by registered or certified mail, return receipt requested. (a) To City, if addressed to: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 (b) To District, if addressed to: ORANGE COUNTY WATERWORKS DISTRICT 04 P.O. Box 967 SAN JUAN CAPISTRANO, CA 92693 9. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to and be binding upon each of the parties and their successors and assigns. 10. EXHIBIT "A". That for any particular terms and conditions as they specifically relate to this Assessment District and this Agreement, reference is hereby further made to the attached, referenced and incorporated Exhibit "A" for all particulars, if applicable. DATED this 19th day of ATTEST: SEC'rtETr\R�' March, 1980 ORANGE COUNTY WATER WORKS DISTRICT NO. 4 By:. -3- ATTEST: CITY CL`/ CITY OF SAN JUAN CAPISTRANO STATE OF CALIFORNIA AMOVED As TO FORM, CITY" OF SAN JUAN CAPISTRANO a municipal corporation 13Y -/<��� KENr7ETH E. FRIESS; PflAYOR -4 - 0 0 AGREEMENT FOR INSTALLATION OF CERTAIN WATER FACILITIES AND IMPROVEMENTS (ORANGE COUNTY WATER WORKS DISTRICT NO. 4) ASSESSMENT DISTRICT 78-1 - CAMINO CAPISTRANO SOUTH EXHIBIT "A" Per MacBrown - there are no particular terms and conditions that specifically relate to this Assessment District and this Agreement, and therefore, Exhibit "A" as noted in No. 10 is not applicable. CDC - 4/16/80 0 4 March 25, 1980 TO: James S. Mocalis, Manager, Waterworks District No. 4 FROM: Mary Ann Hanover, City Clerk SUBJECT: Assessment District Agreements with Water Works District No. 4 Attached are two copies of the Agreement to install water facilities in connection with Assessment District No. 78-1. This agreement was approved by Council on March 19th. After execution by the appropriate representative of the Water District, please return one copy to my office; the remaining copy is for the District's files. I have spoken with Smokey regarding "Exhibit A" for both this agreement and the one for Assessment District 78-3. He will check with Mac Brown for the status. Thanks, _MARY �HANOVER I AGENDA ITEM so to --I/ March 5, 1980 TO: James S. Mocalis, City Manager FROM: W. D. Murphy, Director of Public Works SUBJECT: Agreement For Underground Water Utilities, Assessment District 78-1, Camino Capistrano South (Orange County Waterworks Dist. #4) Due to unforseen delay in contact with the Assessment District Attorney, this item will be rescheduled for the March 19th City Council meeting. Respectfully submitted, W. D.S. �� � W. D. Murphy WDM:GA/rem FOR CITY COUNCIL AGENDA .... 1.... Y