Project 128 - Contract - Orange County Development - 1993-07-20 COPY No 2 S6CONR PARTY
Agreement No D92-130
AGREEMENT
This Agreement entered into this ��day of ugly 19/3, by and between
ORANGE COUNTY DEVELOPMENT AGENCY,
hereinafter referred to as "OCDA
AND
COSTA MESA SANITARY DISTRICT
hereinafter referred to as 'CMSD'
RECITALS
WHEREAS, OCDA desires to redevelop the Santa Ana Heights community
including changed land use as set forth in the Santa Ana Heights Specific
Plan; and
WHEREAS, CMSD provides sanitary sewer service within the area of the
Santa Ana Heights Specific Plan and whereas improvements to the CMSD system
are needed to provide additional capacity needed for the changes in land use
that are set forth in the Santa Ana Heights Specific Plan and
WHEREAS OCDA has prepared a report (Santa Ana Heights Redevelopment
Project Area Comprehensive Infrastructure Improvement Plan) which identifies
the needed infrastructure improvements in the Santa Ana Heights community and
whereas OCDA is preparing plans and specifications for the realignment of Mesa
Drive and Birch Street within the Santa Ana Heights area; and
WHEREAS, OCDA and CMSD desire to cooperate in the design of relocated
and upsized sewer lines in conjunction with the proposed new street alignment
of Birch Street and Mesa Drive
RECEIVED
J(lt2a1999
EMA
NOW THEREFORE, the parties hereto agree as follows
A CMSD shall prepare plans, specifications and estimates (PS&E) for
the realignment of Mesa Drive and Birch Street sewer improvements as set forth
in the Santa Ana Heights Redevelopment Project Area Comprehensive
Infrastructure Improvement Plan report and in accordance with CMSD criteria
B CMSD shall submit completed PS&E to OCDA for approval by Orange
County Environmental Management Agency s Director of Public Works (hereinafter
referred to as "DIRECTOR") which approval will not be unreasonably withheld
as to conformance with Santa Ana Heights Redevelopment Project Area
Comprehensive Infrastructure Improvement Plan report
C Following the approval of PS&E by DIRECTOR CMSD shall submit to
DIRECTOR an invoice for the cost of preparation of PS&E not to exceed
$12,500
D Following receipt of invoice, OCDA shall make payment to CMSD
within sixty (60) days
E OCDA shall not be financially responsible to CMSD for design of any
improvements except those as described in the Santa Ana Heights Redevelopment
Project Area Comprehensive Infrastructure Improvement Plan report
F Sewer improvements and appurtenances when constructed shall be
owned and maintained by CMSD irrespective of funding of the engineering design
by OCDA As a condition of the financial support furnished by OCDA pursuant
to this agreement CMSD agrees to indemnify defend and save harmless OCDA and
County of Orange, their officers and employees from and against any and all
claims, demands, losses defense costs, or liability of any kind or nature
which may be imposed upon them for injury to or death of persons or damages to
property as a result of arising out of or caused by CMSD's intentional or
negligent acts or omissions in performance of this agreement
G Neither OCDA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by CMSD under or in connection with any work authority
or jurisdiction delegated to CMSD under this agreement It is also understood
and agreed that pursuant to Government Code Section 895 4, CMSD shall fully
indemnify defend, and hold OCDA harmless 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 or in connection with any
work, authority or jurisdiction delegated to CMSD under this agreement
H That neither CMSD nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done
or omitted to be done by OCDA under or in connection with any work authority
or jurisdiction not delegated to CMSD under this agreement It is also
understood and agreed that, pursuant to Government Code Section 895 4, OCDA
shall fully indemnify, defend and hold CMSD harmless 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 OCDA under this agreement
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IN WITNESS WHEREOF the parties hereto have caused this agreement to be
executed by their officers thereunto duly authorized on the date first written
above
ORANGE COUNTY DEVELOPMENT AGENCY
Dated JUL 20 1993 By
�l3 (A).�.R
Chairman
COSTA MESA SANITARY DISTRICT
Dated B, \, / cL 0,\,C),,„„__
President
SIGNED AND CERTIFIED THAT A APPROVED AS TO FORM
COPY OF THIS DOCUMENT HAS TERRY C ANDRUS COUNTY COUNSEL
BEEN DELIVERED TO THE ORANGE COUNTY, CALIFORNIA
CHAIRMAN OF THE BOARD
,ems aGat
PHYLLIS HENDERSON JUL 2 0 1993 Date/t
Clerk of the Board of Supervisors /7 2_)
of Orange County, California
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BOARD OF SUPERVISORS
ORANGE COUNTY, CALIFORNIA MINUTES July 20, 1993
AGREEMENT NO. D92-130 BETWEEN THE ORANGE COUNTY DEVELOPMENT AGENCY
(OCDA) AND COSTA MESA SANITARY DISTRICT (CMSD) FOR SANTA ANA HEIGHTS
REDEVELOPMENT AREA MESA DRIVE/BIRCH STREET IMPROVEMENTS Environmental
Management Agency requests approval of an agreement for design of
relocated and upsized sewer lines in conjunction with the proposed new
street alignment of Birch Street and Mesa Drive
MOTION On motion by Supervisor Vasquez seconded by Supervisor
Stanton, the Board, acting as the Orange County Development Agency
authorized execution of Agreement No D92-130 between the Orange County
Development Agency and the Costa Mesa Sanitary District MOTION
UNANIMOUSLY CARRIED
RECEIVED
JUL 2 9 1993
EMA