HomeMy WebLinkAboutItem No. SA9CITY OF LAKE ELSINORE
REPORT TO REDEVELOPMENT AGENCY
TO: CHAIRMAN & BOARDMEMBERS
FROM: RON MOLENDYR� EXECUTIVE DIRECTOR
DATE: March 23, 1993
SUBJECT: Amber Ridge Sewer System Agreement
On December 22, 1992, the Redevelopment Agency by a vote of 3 to 2
approved Option 3 "f" for the Amber Ridge Sewer System which read
as follows: "Guarantee repayment for the construction of the sewer
mains and laterals within the public right -of -way. Staff is
directed each year to request EVMWD to pay the $47,051 annual
payment by committing a portion_ of the annual RDA pass- through
funds for the 20 year duration of the.$700,000, 3% low interest
loan. The first annual payment will commence one year following
completion of sewer main construction. The individual homeowners
will be responsible for connecting to the sewer, including the
$3,500 EVMWD sewer connection fee (which the District may accept as
a lien on the property) and the estimated costs of $2,600 to
construct the lateral between the street right -of -way and the house
(including the backfilling of the existing septic tank /pit."
The attached agreement was prepared by Best, Best & Krieger to
reflect the program approved by Elsinore Valley Municipal Water
District Board on March 10, 1993. The Agreement from Elsinore
Valley Municipal Water District places a guarantee of the loan on
the Redevelopment Agency.
This Agreement was approved by the Elsinore Valley Municipal Water
District Board on March 10, 1993.
Approve Agreement.
PREPARED BY:
APPROVED FOR
AGENDA LISTI
COOPERATIVE AGREEMENT
by and between
REDEVELOPMENT AGENCY OF THE CITY OF LAKE ELSINORE
and
ELSINORE VALLEY MUNICIPAL WATER DISTRICT
OF RIVERSIDE COUNTY
Dated as of March 18, 1993
Relating to
Amber Ridge
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TABLE OF CONTENTS
Section
1.
Sewer Facilities Design and Construction . ....... . ....... .........
2
2.
Use of State Loan to Finance Construction of Sewer Facilities .............
3
3.
Completion of Construction ........ ...............................
4
4.
Conveyance of Title .............. ...............................
4
5.
Acceptance .................... ...............................
4
6.
Use of Sewer Facilities ........... ...............................
4
7.
Hookup to Sewer Facilities ........ ...............................
4
8.
No Obligations Assumed .......... ...............................
5
9.
Indemnification and Insurance .....................................
5
10.
Investment of State Loan Proceeds .. ...............................
5
11.
Appropriations for State Loan Debt Service ...........................
5
12.
Effective Date .................. ...............................
5
13.
EVMWD to Have No Responsibility for State Loan Debt Service ..........
5
14.
Entire Agreement ..............................................
6
15.
Exhibits ....................... ...............................
6
16.
Counterparts ................... ...............................
6
17.
Severability .................... ...............................
6
18.
Notices ......................................................
6
19.
No Third Party Beneficiaries ....... ...............................
7
20.
Attorneys' Fees ................. ...............................
7
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EXHIBIT A: MAP OF AMBER RIDGE SUBDIVISION ................... A -1
EXHIBIT B: PLAN OF SEWER FACH ITIES ........................... B -1
EXHIBIT C: ESTIMATED COSTS OF SEWER FACILITIES .......:....... Gi
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COOPERATIVE AGREEMENT BETWEEN
THE ELSINORE VALLEY MUNICIPAL WATER DISTRICT,
CITY OF LAKE ELSINORE (AMBER RIDGE)
1. PARTIES AND DATE_
THIS AGREEMENT (the "-Agreeme'nt ") is made and entered into as of this
18th day of March, 1993, by and between the REDEVELOPMENT AGENCY OF THE
CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA
( "Agency ") and ELSINORE VALLEY MUNICIPAL WATER DISTRICT, COUNTY OF
RIVERSIDE COUNTY, STATE OF CALIFORNIA, a public corporation organized and
existing pursuant to Division 20 of the Water Code of-the State of California ( "EVMWD ").,
2. RECITALS .
2.1 The Amber Ridge Subdivision ( "Amber Ridge ") is a residential
subdivision of approximately 200 dwelling, units all located within the boundaries of.
EVMWD and within the City and such land is generally depicted as the Amber Ridge Tract
or the Lucerne Town Site on the map attached and incorporated herein as Exhibit "A."
2.2 . Amber Ridge has been developed for residential use. The plan of
development for Amber Ridge included among other facilities the construction of water and
individual sewer septic facilities.
2.3 The individual sewer septic facilities are subject to periodic failure and
pose an immediate threat to public health, safety and welfare., .
2.4 Pursuant to the request of the individual property owners in Amber
Ridge, the Agency has completed preparation of the Amber Ridge Sewer Study to study
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alternative means of financing the construction of certain public facilities, including the
sewer mains and laterals (the "Sewer Facilities ") described in Exhibit "B" necessary to serve
Amber Ridge.
2.5 Agency has requested that EVMWD design and construct the Sewer
Facilities and make application for a low- interest loan from the State of California
Revolving Fund Loan to finance construction of the Sewer Facilities.
2.6 EVMWD and the individual property owners in Amber Ridge will enter
into "Sewer Funding Agreements" (hereinafter collectively, referred to as the "Funding
Agreements "). The Funding Agreements will provide for the payment of connection fees
to EVMWD in consideration for connection to the sewer facilities.
2.7 Agency and EVMWD desire to enter into this Agreement pursuant to
Sections 33401 and 33445 of the Community Redevelopment Law (California Health &
Safety Code Section 33000 gl ,tgq.) to establish provisions governing the financing of the
Sewer Facilities by the Agency and guaranteeing repayment of the State Loan by the
Agency. ..
NOW, THEREFORE,'in consideration of the mutual covenants hereinafter
contained the parties agree as follows:
(a) The Sewer Facilities will be designed and engineered by EVMWD
and constructed consistent with EVMWD's rules and regulations. '
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(b), EVMWD shall design and prepare details of bid documents,
construction plans and specifications and detailed engineering drawings for the Sewer
Facilities, including required laterals to permit connection of individual residences to the
Sewer Facilities.
(c) Exhibit "C' sets forth the estimate of costs of the design,
engineering and construction of the Sewer Facilities: In addition to the cost of engineering
and design, specification and bid preparation, and the construction of the Sewer Facilities,
such costs may include, without limitation, any eligible costs expected to be incurred by the
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EVMWD including, but not limited to, the estimated costs of preparation of the State Loan
application, permits, licenses, easements, 'land, engineering, inspection and legal fees,
construction contingency and EVMWD's general and -administrative costs reasonably -
devoted to the design approval and inspection of the Sewer Facilities.
All contracts for the construction of the Sewer Facilities shall be awarded and
administered as public works projects consistent with the appropriate sections of the
EVMWD's rules and regulations and this Agreement and as public works projects consistent
with. the applicable sections of;the California Labor, Government and Public Contracts
Codes.
EVMWD agrees to make application for and use State Loan proceeds to pay for the Loan
application, design, engineering, construction and acquisition costs of the Sewer Facilities.
EVMWD may advance funds to finance the Loan application and the design of Sewer
Facilities but EVMWD'S obligation to proceed with construction of the Sewer Facilities is
contingent upon EVMWD's receipt of the State Loan proceeds.
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3. CCmnletion of Construction. Upon completion of any of the Sewer
Facilities or ,component part thereof, EVMWD shall notify Agency in writing of such
completion and shall proceed to permit property owners in Amber Ridge to connect to the
Sewer Facilities.
. 4. Conye,wce of Title, Consistent with.the approved Subdivision Map[s]
for Amber Ridge, City shall transfer and convey,, to District fee simple title or easements
as deemed necessary by such party, including ingress and egress, on and over property on
which the Sewer Facilities are to be constructed.
5. AAcceptance. EVMWD agrees to accept title to, and provide operation
and maintenance of the Sewer Facilities, subject to certification by EVMWD that such
Sewer Facilities have been completed in accordance with the plans and specifications, and
provided that, title to the . Sewer Facilities is free of all liens and encumbrances not
otherwise acceptable to EVMWD.
6, Use of Sewer Facilities. Upon completion of the construction of the
Sewer Facilities and acceptance of the Sewer Facilities for operation and maintenance by
EVMWD, said facilities shall be and remain the, sole and separate property of EVMWD.
The Sewer Facilities shall be operated, maintained and utilized by EVMWD, including
mains and laterals within public road rights -of -way, to serve, on a nondiscriminatory basis,
the territory within Amber Ridge and other lands, pursuant to applicable. EVMWD rules,
regulations, policies and procedures. The City will grant to EVMWD the right to maintain
the Sewer Facilities which are within the City's, rights -of -way..
7. HookuB to Sewer Facilities. Homeowners within Amber Ridge shall
be responsible for hookup to the Sewer Facilities at a point where the lateral is in the public
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right -of -way. Such hookup shall be undertaken at such homeowner's sole cost and expense
pursuant to the Funding Agreements.
8. No Obligations Assumed. ..Nothing herein shall be construed as
requiring EVMWD to oblige general or_ special funds of the EVMWD other than State
Loan monies to finance the construction of the Sewer.Facilities.
9. Indemnification and Insurance.. Homeowners shall strictly comply with
the provisions of the Funding Agreement with respect to indemnification requirements.
M Investment of State Loan Proceeds. The proceeds from the State Loan
shall be deposited, held, invested and reinvested by EVMWD as provided in EVMWD's
rules and regulations or pursuant to the agreement by which the State Loan is funded.
• ,11. - . Appropriations for State Loan Debt Service. Upon the approval of the
State Loan, the Agency shall annually appropriate and expend sufficient monies to make
debt service payments on the State Loan: The entire amount of such appropriation shall
be allocated to. repayment of the State Loan.
12. Effective Date. This Agreement. -shall become effective and of full .
force and effect as of the date (the "Effective Date ") on which. the State of California
approves the State Loan to EVMWD.
EVMWD's obligations under this Agreement shall be limited to the obligations assumed by .
it hereunder with respect to the design, construction, inspection, . acceptance, ownership,
operation and maintenance of the Sewer Facilities, and EVMWD shall have no obligation
or responsibility whatsoever with respect to the payment of the principal and interest on the
State Loan, or for the appropriation of the monies provided for in Section 11 hereof to
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provide for the payment of such principal and interest, and Agency shall have the sole
responsibility for all such matters.
14. Entire Agreement. This agreement contains the entire agreement
between the parties with respect to the matters provided for herein, and may only be
amended by subsequent written agreement signed on behalf of both parties; provided,
however, that in the event of a conflict between the provisions of this Agreement and the
Funding Agreements, the Funding Agreements shall control.
' 15. Exhibits. All exhibits attached hereto are incorporated' into this
agreement by reference.
16. CounteMarts . This agreement may be executed in counterparts, each
of which shall be deemed an original, but all of which together shall constitute one
instrument.
17. Severabilitv. 'If any portion of this agreement is declared by a court of
competent jurisdiction to be invalid or unenforceable; such portion shall be deemed severed
from this agreement and the remaining parts shall remain in full effect as though such
invalid'or unenforceable provision had not been apart of this agreement.
18. Notices. Any notice, payment or instrument required or permitted by
this Agreement to be given or delivered to either party shall be deemed to have been
received when personally delivered, transmitted by telecopy or facsimile transmission (which
shall immediately be confirmed by telephone and be followed by mailing an original of the
same within twenty-four (24) hours after such transmission) or seventy-two (72) hours after
deposit of the same in any United States Post Office, registered or certified, postage
prepaid, addressed as follows:
Q
P
District: Elsinore Valley Municipal Water District
31315 Chaney Street
Lake Elsinore, California 92331.
Attention: General Manager
City: Redevelopment Agency
City of Lake Elsinore
130 S. Main Street
Lake Elsinore, CA 92330
Attention: Executive Director
19. No Third Party Beneficiaries. Except as may be specifically provided
herein to the contrary, no third party shall be the express or implied beneficiary of this
Agreement or any of its provisions, and no such third party may bring any action in law or
in equity with respect thereto.
20. , Attorngys' Fees. In the event of.the bringing of any action or suit by
either party against the other arising out of this Agreement, including a reference_
proceeding pursuant to California Code of Civil Procedure Section 638 et seq., the party in
whose favor final judgment shall be entered shall be entitled to recover from the other party
all costs and expenses of suit, including reasonable attorneys' fees, incurred for prosecution,
consultation or advice in -such .action or. proceeding. . In addition to the foregoing, the
prevailing party shall be entitled to its.reasonable attorneys' fees, and all fees, costs and
expenses incurred in any post judgment proceeding to collect and enforce the judgment.
This provision is separate and shall survive the merger of this Agreement into any judgment
on this Agreement.
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IN WITNESS WHEREOF, the parties have caused this agreement to be
executed as of the date first above written.
ATTEST:
Secretary
ATTEST:
Secretary of the Board of
Directors
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REDEVELOPMENT AGENCY OF THE CITY
OF LAKE ELSINORE
By:
Chairman
ELSINORE VALLEY MUNICIPAL WATER
DISTRICT
By:
President of the Board of Directors
10
AMBER RIDGE TRACT
EXHIBIT A
A IT:
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101.
AMBER RIDGE TRACT
f
PROPOSED SEWER ------
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EXHIBIT B
Amber Ridge Sewerline Project
Estimated Total Project Cost
revised: 3118193 16:44
ESTIMATED TOTAL PROJECT COST
$834,700
Exhibit C
Environmental Compliance documentation 9,200
Planning (loan application preparation) 25,000
Design 13,000
Construction 625,000
Construction Management 25,000
Inspection @ 8 percent 50,000
Project Management 25,000
Construction contingencies @ 10 percent 62,500