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HomeMy WebLinkAboutResolution 1990 - 0190RESOLUTION NO.90-190-7 APPROVING REIMBURSEMENT AGREEMENT WITH CORNICHE DEVELOPMENT CORPORATION,AND BEN AND JULIE CHEN RE CONSTRUCTION OF CONTRACT NO.7—15 WITHIN TRACT NO.8489 A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY SANITATION DISTRICT NO.7 OF ORANGE COUNTY,CALIFORNIA,.APPROVING REIMBURSEMENT AGREEMENT WITH.CORNICHE.DEVELOPMENT CORPORA TION,A CALIFORNIA CORPORATION,AND BEN AND JULIE CHEN.RE CONSTRUCTION OF CRAWFORD CANYON SEWER RELOCATION,CONTRACT NO..7-15,IN. CONJUCTION WITH DEVELOPMENT OF TRACT NO.8489 *************** The Board of Directors of County Sanitation District No.7 of Orange County,California, DOES HEREBY:RESOLVE,DETERMINE AND ORDER:..~ Section 1 .That.the~.certain Reimbursement,Agreemen.t relative to Crawford Canyon Sewer Relocation,.Contract No.7-15,.dated December 12,1990,by and between County.Sahitati.on DtstrlctNo.7 and Corn.iche Development Corporation,..a Cal l’fornia Corporation,and Ben and Julie.Chen,providing for reimbursement of costs..to developer by the District for construction of approximately 525 feet of sewer main,including two manholes,in the vicinity north of Newport Boulevard a~d east of Crawford Canyon Road,in conjuction with development of Tract No 8489,is hereby approved and accepted,and, Section 2 That reimbursement àf Districts’costs to developer,estimated to be $117,400.00,is hereby authorized to be made in accordance with the terms •and conditions of said Reimbursement Agreement,attached hereto as Exhibit “A” and made a part of this’resolution;and, •Section 3 That the Chairman and Secretary of the.District are hereby authorized and directed to execute said agreemen.t on behalf of the District in form approved by the General Counsel. PASSED AND ADOPTED at a regular meeting held December 12,1990. a AGREEMENT THIS AGREEMENT,is made and entered into to be effective this 12th day of.-December 1 1990,by and between: CO~T~,S~ITATXON DISTRICT NO.7 OY ORANGE COUNTY,CALIFORNIA, • ..... . I hereinafter referred . to as “District”, AND CORNICHE DEVELOPMENT CORPORATION,a • . California corporation,hereinafter referred to.as “Deve].~Qper.”;..~., AND • .. . S •••~. BEN ~HEN and JULIE cHEN,hereinafter referred to.as “Chens”.. RECITALS: .. . WHEREAS,.the District has.been afforded the opportunity to realign a section of above ground sewer pipe which has required numerous repairs during the last four (4)years due to damage from falling tree limbs;:and. •. . . . WHEREAS,the Developer and Chens have dedicated a 20—foot grant of easement to the District for the purpose of relocating, constructing and maintaining a sewer line across a portion of Tract 8489 (hereinafter the “Project”),as such easement is more specifically shown as.Parcel B on the map attached hereto as Exhibit “A”,and incorporated herein by this reference;and WHEREAS,the Project shall consist of an eight—inch sewer line and appurtenances across a portion of Tract 8489 in the unincorporated area of the.County of Orange,California,as is more specifically shown on the map attached hereto as Exhibit”A”;and 1 EXHIBIT A—I WHEREAS,Developer and District have agreed that a portion of the Project is to be built at Developer’s cost and a portion as District’s cost,as is shown on the map attached hereto as Exhibit “A”;and WHEREAS,the relocation will benefit both the Developer and the District NOW,THEREFORE,the parties hereto agree as follows: Section 1:Project Design The District shall prepare,or cause to beprepared,.plans and specifications for the sewer line Section 2:Developer’s Responsibilities Developer shall be.responsible for thepreparation and award of the contract for construction of the sewer line.Developer shall also be responsible for the administration,inspection,construction, surveying and performance of the contract awarded to the contractor for construction,of the sewer line.. Section 3.: . Right of Access~The District shall have the right of access to the construction site of the sewer line for the purpose ‘of:inspecting the sewer line. Section 4-:Project Costs Developer shall pay the contractor for~construction of the sewer line and appurtenances. The:District shall reimburse Developer for District’s portion of the costs of construction,as provided in Section 7 below The parties agree that the ‘preliminary estimate for the District’s portion of the costs-is One Hundred Seventeen Thousand Four Hundred Dollars ($117,400.00). 2 EXHIBIT A-2 Section 5:Cost Estimate.Exceeded In the event that the estimate for construction of the sewer line and appurtenances exceeds the estimated amount by more than ten percent (10%),the Developer shall not be empowered to award such contract and bind the District hereunder without the prior written consent of the District’s Director of Engineering. Section.6:Chance Orders The approval of the District’s Director of Engineering shall be obtained for all change orders issued by the.Deloper.Change orders issued without said approval shall not be eligible for reimbursement from the District Section 7:District’s Costs.After Developer has fully paid the contraótOr:for construction of the sewer line and appurtenances,the Distriôt shall,within thirty (30)days of Developer!s request,reimburse Developer to the extent o.f District’s share of the costs Section 8 .~Indemnity .Developer,Chens and:District do hereby indemnify each other from all claims,demands,loss,damage or injury of any kind or character to any person or property, • arising out:of the design and:construction of the:sewer line,or arising from any act or omission of Developer’s,Chens’or District’s respective agents or emplOyees,except to the extent occasioned,by the sole act of negligence or willful misconduct of the:parties,or their agents or employees. Section 9 . .~‘.Insurance~ . Developer •shall ‘ require the construction contractor for the sewer line and’appurtenances to maintain a policy of public liability insurance for personal injury 3 EXHIBIT A-3 and property damage,including motor vehicle operators,during all times of the contract.Said policy shall name the Developer and the District,and their-officers,agents,and employees as additional insureds thereon and shall,be in amounts and in the form meeting the requirements of the District This Agr~ement was executed as of the date hereinabove written. “DISTRICT”COUNTY SANITATION DISTRICT NO.7 OF ORANG~L COUNTY,CALIFORNIA ‘~f~~ -. ..Chairman.,Boara of Dirttors By____________ . •. . ... .•‘Secretary,oard of Directors APPROVED AS TO FORM:. . . ,. . . . - THOMAS L.WOODRUPP .... DIST CT COUNSEL/). . B/~1~I~c~’~4~9 “DEVELOPER!’ . ... “CHENS” (DAD:.cj:•:S\736). 11/14/90 .. 4 EXHIBIT A-4 COR Cal. ~xH:I’~IJ LEGEND’ .1 1 AT DISTRICT’S COST AT DEVELOPEWSI COST p~c~e ~0 SCALE: INDEX MAP OF TRACT NUMBER EXHIBIT A-~5 8489 0 NEWPORT BOULEVARD I,RITA J.BROWN,Secretary of the Board of Directors of County Sanitation District No.7 of Orange County,California,do hereby certify that the foregoing Resolution No.90—190—7 was passed and adopted at a regular meeting of said Board on the 12th day of December,1990,by the following vote,to wit:. . Rita J:,Brown,Secre ary~ Board of~Directors.of County Sanitation District No.7 of Orange County,California STATE OF CALIFORNIA) )SS. COUNTY OF ORANGE ) AYES:Richard B.Edgar,Chairman,Fred Barrera,Dan Griset,Ruthelyn Pluniner,Don R.Roth,Sally Anne Sheridan,James A.Wahner NOES None ABSENT:None .~. .... . IN WITNESS WHEREOF,.r have.hereunto set my hand and,affixed the..official. seal of County Sanitation District No.7 of Orange County,California,this 12th day of December,1990. . . .