Contract - Mesa Consolidated Water - 2001-12-04 FILE NO MC 1638
CH 5D Preen scl
WATER SERVICE AGREEMENT WITH THE
MESA CONSOLIDATED WATER DISTRICT
FOR WATER SERVICE
Date: December 4, 2001
File No. MC 1638
Location: Various
Tract: Various
Atlas Sheet No. 6,12,27,32,33,50,56,76,13
The undersigned, (hereinafter referred to as Applicant"), hereby requests water service by
the MESA CONSOLIDATED WATER DISTRICT (hereinafter referred to as The District"), in
accordance with all of the terms and conditions of this Water Service Agreement and the District's Rules
and Regulations For Water Service (hereinafter referred to as `Rules and Regulations"), which are
incorporated herein by this reference and made a part hereof as though fully set forth.
Applicant hereby applies for that service as applicable, which can be provided by the
facilities described below to that certain real property located within the District, in the County of
Orange, State of California, described as follows (metes and bounds description or as acceptable to the
District):
AP Numbers - 139-641-4 139-582 10, 422 193-16, 141 221 38, 422 202, 139 611 3, 412-491
422-072 1 426-121 1, 139-1aa-oI
Said property is to be used for the purpose(s) of:
Pump Stations
i Applicant hereby represents that Applicant is the Facility Owner of said real
property Applicant estimates that the total service to be required of the District upon development of said
real property iallons per minute ("GPM") on the basis of the connected capacity demand
("CCD") as de ed in the Rules and Regulations of the District.
Upon acceptance of this Application by the District, together with all fees and charges,
including the Development Impact Fee as determined by the District Engineer or an authorized
representative subject to appeal to the General Manager or the Board of Directors, plans and
specifications, bonds, conveyance of necessary easements, and other items as may be required herein, the
District agrees to provide the requested water service subject to the terms and conditions herein set forth
and set forth in the Rules and Regulations of the District. The District shall deliver to the Applicant an
executed copy of this Agreement.
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1 Applicant shall adhere to the requirements prescribed by the Rules and
Regulations, as amended from time to time, and to any additional requirements prescribed from time to
time by the General Manager or Board of Directors of the District, or both, to insure compliance with
such Rules and Regulations as to obtaining water
2. Applicant hereby agrees to build or cause to be built the described water facilities,
(hereinafter collectively referred to as `the Facilities '), and agrees to pay all costs of installation of same,
including, but not limited to, cost of labor, materials, equipment, contractor's expense and profit,
environmental studies, design, engineering, surveying, inspection, testing, plan check, land and easement
acquisition, condemnation, attorney's fees, insurance and bond premiums.
3 Applicant agrees that the Facilities shall be constructed in accordance with plans
and specifications which shall comply with all applicable requirements of the District's `Standard
Specifications for the Construction of Water Facilities including, but not limited to, requirements as to
information to be shown on the plans. Said document is on file at the office of the District and is by this
reference incorporated herein. Such plans and specifications shall be approved by the District. Such
approval of the plans and specifications by the District shall not constitute approval of the permit applied
for herein. The Facilities shall be constructed by a contractor licensed by the State of California to install
said Facilities.
4 Applicant guarantees the Facilities constructed under this Agreement against
defects in workmanship and materials for a period of one(1) year after the date of acceptance of the
Facilities by the District. It is further agreed that the Facilities shall be restored to full compliance with
the requirements of the plans and specifications, including any test requirements, if during said one (1)
year period the Facilities or any portion thereof are found not to be in conformance with any provisions of
said plans and specifications. This guarantee is in addition to any and all other warranties, express or
implied,with respect to the Facilities.
5 Applicant agrees to grant, or cause to be granted to the District, without cost to the
District, all necessary easements for construction, installation, maintenance and access to the Facilities,
across all privately-owned lands to be traversed by the Facilities,which easements shall be in a form and
condition of title satisfactory to the District and shall be executed by all necessary parties having an
interest in said lands.
6. Applicant, if applicable, agrees to provide to the District, prior to acceptance of the
Facilities, a complete set of reproducible mylars of the approved plans and specifications for the
Facilities.
7 Upon completion of the Facilities, Applicant, if applicable, agrees to execute and
deliver to the District a report of the actual costs of the Facilities on the standard form of the District,
which form is on file at the office of the District and is by this reference incorporated herein, and to
substantiate such report with invoices and receipts acceptable to the District. Applicant further agrees that
such Facilities will become the property of the District when it is accepted by its duly authorized
employee, evidencing acceptance of the Facilities. However, Applicant hereby disclaims in favor of the
District all right, title and interest in and to said systems, appurtenances and easements; and Applicant
hereby covenants and agrees to execute and deliver to the District any documents required to complete the
transfer of the Facilities concurrently with the acceptance thereof by the District; and Applicant hereby
agrees that Applicant is holding any title to said Facilities,pending acceptance thereof by the District, as
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trustee, acknowledging Applicant's obligation to complete said Facilities and transfer the same debt free
to the District.
8. It is agreed that the above provisions shall not preclude the use of the Facilities by
property owners within the developed area or outside of said development prior to such delivery of actual
costs to the District, as long as the quality of said water is acceptable to the District under its Rules and
Regulations and written permission has been obtained from the District by such property owners to
connect to the Facilities or to existing facilities. Applicant agrees that the use of the Facilities by the
Applicant, transferee or assignee of the Applicant, or others within the District, will not constitute
acceptance of the Facilities by the District.
9 Applicant agrees to hold the District harmless from any expense or liability
resulting from the construction of the Facilities, and further agrees that Applicant will indemnify and hold
the District, its agents, employees, officers and representatives, free and harmless from and against any
and all liabilities for death, injury loss, damage or expense, (including reasonable attorney's fees), to
person or property which may arise or is claimed to have arisen as a result of any work or action
performed by Applicant or on behalf of Applicant with respect to the construction and in the installation
or repair of the Facilities.
10 Applicant shall submit, concurrently with this Application, if applicable, Payment
and Performance Bonds, in connection with the Facilities to be constructed, and for an amount to be
determined by the District.
11 Applicant hereby agrees to pay all administration and engineering fees, (including
inspection and plan check costs), calculated as a percentage of the total cost as estimated by the District,
as well as Development Impact Fees, meter charges, interim water service line charges, (if applicable),
and any other charges of the District. The amount of such fees and charges shall be based on the
applicable schedules of the Rules and Regulations in effect on the date when Applicant has submitted to
the District its completed Application, payment of all fees and charges, plans and specifications,bonds,
conveyance of necessary easements and other items which may be required herein prior to issuance of the
permit and the plans of the Applicant have been approved by the District. Such fees and charges shall be
set forth on Exhibit A hereto by the District, which Exhibit is by this reference incorporated herein, and
is subject to revision pursuant to any changes in the applicable schedules prior to the date and application
and all accompanying materials and payment are completed, submitted to and approved by the District.
Other than as provided herein, fees and charges are not subject to adjustment or refund.
Applicant hereby agrees that the meter charge set forth in Exhibit A includes the
provisions by the District of a water meter, meter jumper, and customer's valve. Applicant agrees that the
meter jumper and customer's valve are to be obtained from the District and installed by the Applicant's
contractor as the work progresses, and that the water meter is to be installed by the District prior to the
provision of permanent water service by the District.
Applicant acknowledges and agrees that the payment of such fees is being required prior to
final inspection or issuance of certificates of occupancy for the development proposed by Applicant, and
that such requirement for prior payment is in accordance with all applicable legal requirements pursuant
to Section 53077 et seq. of the Government Code.
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12. Applicant agrees to accept such conditions of pressure and service as are provided
for by District's water system at the location of all proposed connections thereto and to hold the District
harmless from and against any and all damages, liability and expense arising out of high or low pressure
conditions with respect thereto or from interruptions of service.
13 Applicant agrees, if said District employs an attorney to enforce this Agreement, to
pay said District for all attorney's fees to be incurred.
14 Applicant agrees that the General Manager of the District or his authorized
representative may enter upon the hereinabove described property during reasonable hours for the purpose
of ascertaining whether the provisions of this Agreement are being performed. Applicant shall not be
responsible in any way for the failure of its successors or assigns to comply with any of the provisions of
this Agreement.
15 Applicant agrees that service shall be commenced only after the Facilities have
been completed and transferred to the District and all required testing and inspection has been
accomplished by the District.
Applicant is aware that the contracts may not have been let for all necessary water facilities
of the District in order that Applicant can actually receive water service. Applicant further agrees that the
District shall not be obligated to the Applicant or the successors of the Applicant for water service until
such time as the actual completion of said District facilities.
16. Special conditions for service, if any
IN WITNESS WHEREOF the parties have duly caused their authorized signatures to be
affixed hereto.
APPLICANT/FACILITY OWNER:
COSTA MESA SANITARY DISTRICT MESA CO- •OLI DATED WATER DISTRICT
By CLA.Ltyylp _ By 1 �zyi s4 A
President Gener•(age
a
By * . By.
Secretary Secretary
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EXHIBIT A TO
APPLICATION TO AND AGREEMENT WITH
THE MESA CONSOLIDATED WATER DISTRICT
FOR WATER SERVICE
Water Service Fees and Charges
(i) Development Impact Fees
(a) GPM $
(b) Credit Towards Development Impact Fee,
(If Applicable) $
(c) Existing Meter Sizes, (If Applicable)
SUBTOTAL $ N/A
(ii) Administrative and Engineering
Bondable Cost $ at % $
Plan Check Fee $
Inspection Fee $ at % $
Add ons $ 900.00
SUBTOTAL $ 900.00
(iii) Meter Charge
9— 5/8' meters at $ 200.00 per meter $ 1,800.00
meters at $ per meter $
meters at $ per meter $
SUBTOTAL $ 1,800.00
TOTAL $ 2,700.00
D I ($(DX
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NOTICE—The Mesa Consolidated Water District imposes a Development Impact Fee pursuant to
provisions of Government Code §66000 and following the Rules and Regulations of the Mesa
Consolidated Water District adopted pursuant to Water Code §31024 These fees are used to finance
necessary water facilities. The Development Impact Fees and the basis for their collection are further
described in the documents providing for their imposition and collection.
NOTICE IS FURTHER GIVEN, pursuant to Government Code §66020(d) that you have a 90-day
period from the date of approval of the relevant project, or payment of the Development Impact Fees,
whichever first occurs, to provide a protest to the Mesa Consolidated Water District of the basis or the
amount for such Development Impact Fees.
I have received and read the above notice for Development Impact Fees.
Signed A//4/4
as an agent for
Date
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The following excerpts from
the District's `Rules and Regulations
For Water Service are included for
Applicant's information. They are not
a part of the Water Service Agreement
and do not need to be returned to the District.
SECTION 14
DEVELOPMENT IMPACT FEES
The District has adopted Development Impact Fees in the amounts specified in Appendix A As herein
provided, the amount of any Development Impact Fee shall be determined by the District Engineer or an
authorized representative subject to appeal to the General Manager or Board of Directors. All decisions
in regard thereto shall be on the basis of sound engineering practices consistent with new development
paying only the amount of money necessary to fund its fair share of future facilities. The Development
Impact Fee is effective on March 18, 1988, as to all new service or increase in service as to which a Water
Service Agreement has not been signed, all plans approved, and all fees and charges paid. The foregoing
is subject to the Appeal Procedure set forth in Section 12 of the Rules and Regulations and the provisions
of this Section 14 In the proceedings for the adoption of the Development Impact Fees, questions were
raised. The following provisions of the Rules and Regulations are in response to the issue raised:
1 The estimated need for facilities is based upon presently projected development and
redevelopment contemplated to occur in the District.
The need for the proposed facilities, the estimated cost thereof and timing of construction will be
reviewed prior to January 1, 1989 and prior to July 1s`of each year thereafter. Any change in
circumstances such as a reduction in approved land use as specified in all applicable general plans, any
resulting reduction in required water facilities and any reduction in cost thereof shall be reviewed. If so
determined, the Development Impact Fee payable shall be increased or decreased. If the Development
Impact Fee is reduced and the actions related thereto reflect that any Applicant or Customer on or after the
effective date hereof has paid more than their fair and equitable share of future required facilities to serve
their needs by reason of new development or redevelopment, the District may reimburse such Applicant
or Customer on fair and equitable terms and conditions any amount paid greater than any subsequent
determined Development Impact Fee.
2. As provided in the Rules and Regulations, the District may be able to provide reclaimed water at a
later date. Provisions are included herein to provide for a refund of Development Impact Fees where
reclaimed water is provided in lieu of the service for which the Development Impact Fees were paid.
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3 In the event any economies in scale are achieved by jointly constructing any future facilities,
District may modify Development Impact Fees and may fairly and equitably reimburse any Applicant or
Customer for any portion of the Development Impact fee paid after the effective date hereof based on any
reduction from joint construction of any such facilities.
DEFINITIONS
(1) DEVELOPMENT IMPACT FEE shall mean a fee established by Mesa Consolidated Water
District to an Applicant in connection with an application for water service. A Development
Impact Fee shall be charged for a service connection for property not previously served by the
District or property which applies for water service at an increased level of service requiring a new
service connection. The rate of the Development Impact Fee is set out in Appendix A to these
Rules and Regulations.
(2) CONNECTED CAPACITY DEMAND ("CCD") shall mean the estimated increased demand
for water service within the District by an Applicant to meet the needs of future development
expressed in terms of gallons per minute of additional capacity required as determined by the
District Engineer or an authorized representative.
(3) WATER SERVICE AGREEMENT ("WSA") shall mean an agreement between an Applicant
and the District regarding the terms under which the District shall provide water service to the
Applicant. A Water Service Agreement shall be submitted by the Applicant to receive water
service from the District. The Water Service Agreement shall specify the CCD for the proposed
development and shall specify the type of water usage required by the proposed development. The
Water Service Agreement shall specify the amount of the Development Impact Fee for the
development project. The Water Service Agreement shall be signed by the District upon approval
of the development project and payment by the Applicant by all required fees and charges set forth
in the Water Service Agreement, and subject to the District Rules and Regulations.
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(4) USE OF RECLAIMED WATER. At such time as reclaimed water is available in the District, if
a Customer subject to the payment of a Development Impact Fee at the time a WSA was signed
and entered into and the amount of the Development Impact Fee was calculated, in whole or in
part, on a CCD that included service which is later replaced by the use of reclaimed water such
Customer shall be entitled if requested to a rebate without interest of a portion of the Development
Impact Fee paid to the District provided such Customer has entered into an agreement with the
District for the provision of reclaimed water for the same property for which the Development
Impact Fee was paid. The rebate shall be calculated based on the original CCD Development
Impact Fee and the amount of reclaimed water subsequently provided and used on such property
The rebate shall be paid by the District to such Customer thirty(30) days after the Customer
begins to receive reclaimed water service from the District.
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APPENDIX "A"
RATE AND DEPOSIT SCHEDULE
Effective September 1, 1995
WATER RATE SCHEDULE
Basic Charges.
Meter Size Monthly Bi-Monthly
5/8' $6.00 $12.00
3/a 9.00 18.00
1 15 00 30.00
1 1/2' 30.00 60.00
2' 48.00 96.00
3' 105.00 210.00
4' 300.00 600.00
6' 595 00 1,190.00
8' 745.00 1,490.00
Usage Charge for Potable Water
$1.33 per unit*
Usage Charge for Reclaimed Water
$1.20 per unit*
* One unit equals 100 cubic feet
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FIRELINE SERVICES
Class I.
aizs
Bi-Monthly Charge
2' $11.00
3 17.00
4' 22.00
6' 33 00
8' 44 00
10' 55 00
12' 66.00
Class II. (Firelines with private fire hydrants.)
ize Bi-Monthly Charge
2' $22.00
3' 34.00
4' 44 00
6' 66.00
8' 88.00
10' 110.00
12' 132.00
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CONSTRUCTION WATER SERVICE
Jumpers:
Meter Size First 90 Days 91 Days or More
_Current Rate Monthly Charge Monthly Charge
5/8' $9 00 $18.00
3A 14 00 28.00
1 23 00 46.00
1 1/2' 45.00 90.00
2' 72.00 144.00
Jumpers are not used where meters are larger than 2'
A deposit equal to one months charges will be required before the jumper can be picked up at the
District s offices.
Hydrant Meters:
Deposit $764.00
Installation Fee 55 00
Moving Fee 38.00
Penalty if Meter is Not in its Assigned Location 38.00
Daily Rental Rate
Regular accounts 7 00/Day
Roving Hydrant Meters 11.00/Day
Usage Charge $2.00/Unit
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DELINQUENCIES
Delinquent Bill (Open and Closed Accounts):
Each Bill $ 1.00
Shut Off Notice or Tag:
First Unit $15.00
Second or More Units (Apts.) $ 1.00/Unit
Shut Off List:
No trip to service address None
Trip to service address $45.00
Service Restoration.
Same day before 4:00 PM $15.00
Same day after 4.00 PM $35.00
Unpaid Closing bills Sent to the Collection Agency 47.25% of the unpaid balance
Deposits:
5/8' $ 80.00
145 00
1 225 00
1 1/2' or larger 1 '/z times the Average bill on the account
Bankruptcy 25%of District claims or above schedule,
whichever is greater
Deposits will be collected the first time an account
appears on the Shut Off List, receives a second
Shut Off Notice (Tag), or the District has not been
notified before water is used.
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MISCELLANEOUS FEES
Returned Checks: $10.00/Check
Payment Extensions:
First No Charge
Second or more $ 1.00/Extension
Meter Test Deposit: $60.00
Unauthorized Restoration of Service
Or meter tampering: $70.00 plus parts
Meeting Room Deposit: $50.00
NEW CONSTRUCTION
Effective August 1, 1997
Development Impact Fee:
Based on building classification, account classification, and meter size.
Plan Check Fees:
For first service or fire hydrant $300
For each additional service or hydrant 25
Inspection Fees:
Ranee of Construction Costs Fee
$ 0 14,999 7.5%of construction costs+Add-Ons
where needed($450.00 minimum)
15,000 or more 3.0%of construction costs +Add-Ons
where needed ($1,125.00 minimum)
Add-Ons
Service Connection $ 50.00 per connection
Backflow Devices 50.00 per device
Pressure Test 200.00 per test
Chlorination/Flushing &Health Sample 100.00
1 or 2' Weld on Collars for Service Connection 100.00
Larger than 2' Weld Connection 200.00
Shutdown 200.00
After Hours Inspection 75 per hour
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Meter Installations:
Meter Size Installation Charge
Potable Reclaimed
5/8' $200.00 $220.00
3/4 220.00 240.00
1 260.00 290.00
1 1/2' 400.00 440.00
2' regular 520.00 570.00
2' turbo 650.00 720.00
Larger than 2' At Mesa s Cost
Excessive labor costs will be charged to the Customer.
Work and Material Performance Guarantee Bond:
10% of the estimated installation and construction costs. Minimum $500.00
If estimated construction costs are $15,000 or more, the contractor may acquire a surety bond in
conformance with these Rules and Regulations.
Relocation of a Service (Work Performed by District):
Minimum deposit $600.00
Mesa Consolidated Water District Standard Specifications and Drawings for the Construction of Water
Facilities
Per Set $ 10.00
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