HomeMy WebLinkAboutUkiah Valley Sanitation District 1982-04-19 ActiveOCT -02 -2001 11:04 7074634245
A G R E E M E N T
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This Agreement entered into this 19th day of - April 1982 by and
between the Ukiah Valley Sanitation District, hereinafter referred to as
"District" and Mendocino -Lake Community College District, hereinafter
referred to as "College ".
WHEREAS, the College is the owner of property described in Exhibit "A"
attached, and is desirous of having said property annexed to the District
and obtain sewerage service by District; and
WHEREAS, District, by action of its Board on June 13, 1977 and July 22,
1980, agreed to serve College upon condition of annexation of site to District
and construction of specified trunk sewers; and
WHEREAS, the District is agreeable to such annexation and the construction
of required trunk sewers by the College;
IT IS, THEREFORE, AGREED THAT:
1. The College shall construct sewer lines in accordance with the following:
a. Line Size:
The size of the lines to be installed shall be as indentified on the
attached map, Exhibit "B ":
Reach 1 College site to North State Street; 8" line
Reach 2 North State Street to Northwestern Pacific Railroad; 14" line
Reach 3 Along Northwestern Pacific Railroad south to Masonite
Road; 15" line
Reach 4 Masonite Road to Ford Road; 15" line
b. Construction Plan Approval:
The District Engineer shall review and approve the specifications
and construction plans. No construction shall commence prior to
plan approval.
Post -It "" brand fax transmittal memo 7671
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c. Construction Inspection
The District or its agents or designees shall have access to the
construction site for purposes of inspection during the course
of construction. All construction shall conform to the specifi-
cations, plans and standards of the District.
d. Hold- Harmless and Insurance
The College shall hold District, its elective and appointive officers,
agents, and employees, harmless from any liability for damage or claims
for damage for personal injury, including death, as well as from claims
for property damage which may arise from College's contractors, sub-
contractors, agents, or employees' operations under this Agreement
and shall defend District and its elective and appointive officers,
agents, and employees from any suits or actions at law or in equity
for damages caused, or alleged to have been caused, by reason of any
of the aforesaid operations.
The College shall furnish the District a certificate of liability
insurance, including automobile liability insurance, in which the
District is named as an additional insured with the College and
its contractor for all work contemplated under this Agreement.
Additional insured coverage shall apply as primary and not excess
or contributing to any insurance issued in the name of the District.
The policy shall provide not less than the same minimum limits
of coverage as are required naming the College as additionally
insured.
2. The College will provide rights -of -way acceptable to the District
for maintenance and operation of the lines installed by the College.
Such rights -of -way shall include the following:
a. Northwestern Pacific Railroad from Ford Road north to a
point east of the terminus of Hensley Creek Road,
b. Louisiana - Pacific Corporation from Northwestern Pacific Railroad
to North State Street,
c. Mendocino -Lake Community College District from North State Street
to termination of the main at the College property.
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All fees and costs for acquisition of such rights -of --way shall be
paid by College.
3. Following completion of construction and District acceptance, the
District will assume responsibility for maintenance and operation of
all sewer mains described in Section 1 -a; the College shall be responsible
for maintenance of all lines within the College site boundaries.
u. The College shall be charged applicable fees at such times as connections
are made to the District system in accordance with the ordinances of the
Ukiah Valley Sanitation District, and such ordinances as may be adopted
from time to time including but not limited to the following:
a. Connection Fees
b. Connection Fees - Reserve Fund
c. Inspection Fees
d. Alteration of Existing Building Service Fees
e. Public Sewer Construction Fee
f. Monthly Sewer Service Charge
5. The District shall reimburse the College for installation of sewer
lines larger than required for the subject development based on the
difference between College usage and design capacity as projected in
the Kennedy report dated 17 May 1977 to a maximum of 80% of construction
related costs.
Reimbursement shall be determined as follows:
Construction cost of 15" line only
+ Easement cost
+ 25% Engineering and continency
= Total base costs
x 80% Factor
= Maximum potential reimbursement
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The District shall reimburse the College for oversizing in the following
manner:
District shall.assess a reserve fund connection fee of two (2)
times the applicable fee for all connections to the lines
constructed by the College;
b. The College shall receive one -half of the reserve fund connection
fee collected by the District for all new sewer services connected
to the lines constructed by the College for a period not to exceed
twenty (20) years, After twenty (20) years the District's obligation
to reimburse any unpaid portion of oversizing costs is fulfilled and
no further reimbursement will be made.
6. The responsibilities of the parties under this agreement are-conditioned
upon the College District's receipt of funds from the State of California
and the successful awarding of the contract for the construction of
the proposed improvements prior to October 1, 1983. Failure to comply
with the conditions stated herein shall render this Agreement null and
void.
Gabrielle Thomas, Chairman
- Board of Trustees
Mendocino -Lake Community College
District
Dan Hamburg, Chairman
Board of Directors
Ukiah Valley Sanitation District
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Exhibit "A"
Order No. MEN 48382 LH
DESCRIPTION
A11 that certain real property situated in the County of Mendocino,
State of California, more particularly described as follows:
TRACT ONE:
COMMENCING at a point-in the East line of the lands of Thomas M. Evans as described
in the Deed recorded in Book 455 at Page 506, Official Records, Mendocino County,
California, and designated as Parcel One therein, distant thereon North 100 feet
from the Southeast corner of said Parcel One, said point at the Southeast corner being
also shown on the Record of Survey Map for Mrs. H. Singley, recorded in Map Case 1,
Drawer 9, Page 92, Official Records, Mendocino County, California; thence-from said
point along a line parallel to and 100 feet North of the South line of said lands,
North 89° 12' 31" West 1666.87 feet to the Point of Beginning. Thence continuing
North 89° 12' 31" West 2960.00 feet; thence North O1° 11' 02" East 2100.00 feet;
thence South 79° 01' 06" East, 611.30 feet; thence North 68° 08' 00" East 81.06 feet;
thence North 82° 27' 21" East 604.74 feet; thence South 74° 56' 05" East 315.42 feet;
thence South 62° 55' 34" East 300.46 feet; thence South 42° 22' 42" East 131.64 feet;
thence South 27° 38' 06" West 191.84 feet; thence South 85° 51' 14" East 206.58 feet;
thence South 71° 30' 50" East 203.36 feet; thence South 29° 51' 45" West 193.85 feet;
thence South 67° 03' 05" East 297.91 feet; thence South 68° 40' 25" East 212.26 feet;
thence South 79° 52' 05" East 324.00 feet; thence South 01° 11' 02" West 1150.00 feet
to the Point of Beginning. r
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