HomeMy WebLinkAboutResolution 1994 - 0054-7RESOLUTION NO.94-54-7
APPROVING LICENSE AND REIMBURSEMENT AGREEMENT
WITH JACK C.CHOU RE CONTRACT NO.7-14-2
A RESOLUTION OF THE BOARD OF DIRECTORS OF COUNTY
SANITATION DISTRICT NO.7 OF ORANGE COUNTY,
CALIFORNIA,APPROVING LICENSE AND REIMBURSEMENT
AGREEMENT WITH JACK C.CHOU RE ABANDONMENT OF
PRIVATE SHADY CANYON ROAD PUMP STATION AND
CONSTRUCTION OF A NEW DISTRICT GRAVITY SEWER IN
SHADY CANYON ROAD,IN CONNECTION WITH DISTRICT’S
ABANDONMENT OF BENT TREE,COWAN HEIGHTS,DERBY
NOS.1 AND 2,L~KE COURT AND SHADY CANYON PUMP
STATIONS,CONTRACT NO.7-14-2
WHEREAS,County Sanitation District No.7 of Orange County
is engaged in a construction program wherein District will
abandon five pump stations and direct wastewater flows from said
abandoned pump stations by gravity sewers to the Irvine Ranch
Water District’s Harvard Avenue Trunk Sewer (HATS);and,
WHEREAS,this program includes abandonment of District’s
Bent Tree Pump Station,which receives wastewater flow from
property owner Jack C.Chou’s private Shady Canyon Road Pump
Station;and,
WHEREAS,property owner proposes to abandon its Shady Canyon
Road Pump Station with the construction of a replacement eight-
inch gravity sewer line in Shady Canyon Road which would connect
to District’s facilities;and,
WHEREAS,District is agreeable to including the abandonment
of the Shady Canyon Road Pump Station and installation of the
replacement eight-inch gravity sewer line in Shady Canyon Road as
part of District’s Abandonment of Bent Tree,Cowan Heights,Derby
Nos.1 and 2,Lake Court and Shady canyon Pump Stations,Contract
No.7-14-2,providing property owner reimburses the District.
NOW,THEREFORE,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 License and Reimbursement
Agreement dated May 11,1994,by and between County Sanitation
District No.7 and Jack C.Chou,property owner,attached hereto
as Exhibit “A”and made a part of this resolution,providing for
reimbursement of costs to the District for abandonment of
Mr.Chou’s private Shady Canyon Road Pump Station and
construction of a new District gravity sewer in Shady Canyon Road
in connection with the abandonment of five other District pump
stations included in Abandonment of Bent Tree,Cowan Heights,
Derby Nos.1 and 2,Lake Court and Shady Canyon Pump Stations,
Contract No.7-14-2,is hereby approved and accepted;and,
Section 2 That provision for reimbursement of said costs
to the District by Jack C.Chou,property owner,shall be made
within 15 days of the District’s formal acceptance of bid for
Abandonment of Bent Tree,Cowan Heights,Derby Nos.1 and 2,Lake
Court and Shady Canyon Pump Stations,Contract No.7-14-2,is
hereby approved and accepted in accordance with the terms and
conditions of said License and Reimbursement Agreement;and,
Section 3 That the Chairman and Secretary of the District
are hereby authorized and directed to execute said Agreement on
behalf of the District in form approved by the General Counsel.
PASSED AND ADOPTED at a regular meeting held April 13,1994.
reg97.054
LICENSE AND REIMBURSEMENT AGREEMENT
THIS AGREEMENT,is made and entered into to be effective this I I th day
of May
,19_94__,by and between:
COUNTY SANITATION DISTRICT NO.7 OF
ORANGE COUNTY,CALIFORNIA,(hereinafter
referred to as “District”);
AND
JACK C.CHOU
(hereinafter referred to as “Property Owner”).
RECITALS
WHEREAS,District is engaged in a construction program wherein wastewater
flows are intended to be sent to the Irvine Ranch Water District’s Harvard Avenue Trunk
Sewer (HATS);and
WHEREAS,this program entails the abandonment of District’s existing pump
stations,including the Bent Tree Pump Station,which receives wastewater flow from
Property Owner’s private Shady Canyon Road Pump Station;and
WHEREAS,Property Owner proposes to abandon its Shady Canyon Road Pump
Station with the construction of a replacement eight inch gravity sewer line which would
connect to District’s facilities;and
WHEREAS,District is agreeable to the abandonment of the Shady Canyon Road
Pump Station and installing the replacement eight inch gravity sewer line providing
Property Owner reimburses the District.
(JRS:pm:03/07/94:H819)1
EXHIBIT A-I
NOW,THEREFORE BE IT MUTUALLY RESOLVED,between District and
Property Owner as follows:
-
Section 1:Abandonment of Pump Station•and Construction of
Gravity Sewer Line
District hereby agrees to add a deletable bid item to its proposed Project No.7-14-
2 which will include demolition of the existing Shady Canyon Road Pump Station and
construction of an eight inch gravity sewer line which will connect District sewage line
facilities to Property Owner’s disposal•lines.Project No.7-14-2 shall be publicly bid
pursuant to California Public Bidding Procedures.The bid amount proposed by the
responsible low bidder for the work described herein shall be the amount which Property
Owner shall pay to District.
Property Owner shall reimburse District in the form of a cashier’s check within
15 days from date that the District formally accepts the contractor’s bid.
Section 2:Grant of License
The work described in paragraph 1 herein is located on private property.
Accordingly,Property Owner hereby grants to District and its contractor a license to
enter upon that land area needed by District’s contractor to construct the subject work.
Said area is identified on Exhibit “A”attached and incorporated herein by reference.
Section 3:Term
The term in this Agreement shall be for one year commencing on the effective date
of this Agreement.In the event that additional time is needed by contractor to complete
(JRS:pm:03/07/94:H819)
EXHIBIT A-2
the work,Property Owner shall grant reasonable requests for extensions of time tQ
Insurance and Liability
to be entered into between District and contractor.
District agrees to protect,defend and indemnify Property Owner from any loss,
liability or damage,including attorneys’fees arising out of District’s performance of its
obligations under this Agreement.
“District”
APPROVED AS TO FORM:
THOMAS L.WOODRUFF
DISTRICT COUNSEL
By
COUNTY SANITATION DISTRICT NO.7
OF ORANGE COUNTY,
“Property Owner”JACK C.CHOU
B~7~W
(JRS:pm:03/07/94:H8 19)-3-
EXHIBIT A-3
complete the work.
Section 4:
District shall require contractor to maintain comprehensive liability insurance to
protect both District and Property Owner from any claims or liabilities arising out of
contractor’s construction work pursuant to this Agreement and the construction agreement
By
Secretary,
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I,PENNY KYLE,Assistant Secretary of the Board of Directors
of County Sanitation District No.7 of Orange County,California,
do hereby certify that the foregoing Resolution No.94-54-7 was
passed and adopted at a regular meeting of said Board on the 11th
day of May,1994,by the following vote,to wit:
AYES:Barry Hammond,Chairman,Fred Barrera,
Jan Debay,Ted R.Moreno,Thomas R.
Saltarelli,William G.Steiner,James A.
Wahner
NOES:None
ABSENT:None
IN WITNESS WHEREOF,I have hereunto set my hand and affixed
the official seal of County Sanitation District No.7 of Orange
County,California,this 11th day of May,1994.
Penny Kyle A S tant Secretary
Board of D ec rs of County
Sanitation District No.7 of
Orange County,California