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HomeMy WebLinkAboutExpo Water Agreement 1976~~= ~~IATER i4rlI1'1 COBS 1 RUCTIOV AGREEMEV i .THIS AGREEMENT, made by and between JACKSON COUVT~', OREGON,' a~:_politi`cal subdivision of the State of Oregon, hereinafter referred to as ".~OtT~-'TY" , and CITY OF CENTRAL POINT, OREGON, ~a municipal corpora- tion, hereinafter referred to as "CITY" , •_ - . t:ITNESSET..I? In consideration•of the covenants herein exchanged, County. ,and City hereby agree to~the construction of a water main extending . ~- from North Tenth Street in the City. of Central.Point,• allong the presentl;~ existing City utility easement to n point which the parties have here-- ofore mutuall agreed upon, which is • approximately 600 feet in a ~ ~~~.9~~ t Y ~ ~~•; -.J generally easterly direction along said City utility easement ~a~ the west boundary of the Jac;tson County Fairgrounds and Exposition properth, on the,follocaing terms and conditions: CITY'' S: OBLIGATIONS : - • A) To obtain all.•necessary permits for the construction . of said water lair=: B) To provide plans ann construction engineering therefor, C) To perfo:.n the physical construction of said mains which is to be a 12" rzain c•~it'n a guaranteed 8" flow of water, subject to tnz availability of said ~•~ater rrom tr° City of Z-iedfora to the City of Ce:itral Point; D) To contribute 5,000..00 of the cost of said constructio~t; •Pae 1 = t•IF~TER _~LaI~ COi~STP.iJC! IO': t~GR ~':~~~~ 1976, and-"to complete construction as soon thereafter as possib'1_e; F) To `provdz to County a ninimu;~ floza o`f 8" of cvater at ally ~trles, in the completed pipeline, subject to the availability of said .Prater --from the City `of ~.edford 'to the City of • Central Point, and. to~'cfia=ge County for the City's actual cost for said -water. COU\TY'S OBLIGATIONS: A) To pay all. costs of the construction of the water` main `.in excess of the City's contribution of $5,000:.00, which exces$ cost •~ is estimated to be $38,300.00, payable by reimbursement•by the County _ to the City for all such costs on a monthly basis upon receipt of • .billing showing .the items of costs for which reinbu-'sement in •to be made; ~ . •B) To pay the'-City for water supply to the County through • the water Main at the rate specified in {:) above. .- FUTURE EXTENSION: At some time • in the future, ei this or both of the parties • nay wish to extend the water main to•be constructed hereunder•alonq the City°s existing easement in a generally easterly direction to __ connect with the City of Biedford main trunk located on Table Rock Road. Bot'r. parties agree that before either co L-~ences_ construction of such an extensior_, each c•~ill conTer c~ith thz othzr to determine F~hether need ersts for construction of ar_ exter_s~on to serve both parties_ Ii the parties,. agree or, construction o- s joint-use extension, they ac_ee .to sha_-e the co=.st_~~cton costs on t;~e basis of each party`s -°~Z~~ 2". j~ ~1 ~ c :,lIi~ CO_:S•i i2L~. IO'_•: ~~.~Z~t':•i~~ _ ",a: ,/ /~. . anLici ated use, with such use to include fire flow require:~ents in P -addtiom.to actual use. City. agrees that County inay locate and rtaintain~ suct~an extension on the City utility easement without .cost to the. :;County, whether or not the City has agreed to share in the construction. ''costs of tfie,extension.. the County agrees that the. City may construct and connect such-an extension to the easterly terminus of the original water iaain which is the subject ' of this agreement,. without payment to County of any fee or charge therefor, ~,rhether or not the .County has: agreed to share in the construction costs of the extension. ~: . '~If•either party constructs such extension without the ,participation of the other party, and~at a later date such other party ~~ -'has-need foz water supplied by such extension, the parties agree that '~ such other party shall be entitled to such use upon paynent to the. party.: constructing the said extension of a prorate shares of the original -cost of installation of said extension, with the prorate share to be.- - deter~ined on the basis of each party's anticipated use of said extension, with use to include fire flow requirements in addition to ~. -actual use requirements. Dated this 1 S~_ day of '~+~~~~-~-~ 1976 _ . ' ~ JACFCSO\ COUNTY, apolitical sub3ivisior~ of the State of Oregon BY ITS BOARD OF COUiJTY CO%:i-:ISSIONERS ~.-~ ~a~X. rma n Co; • s ~ o e ~ ~~~ Co~~-ni:ssioner ` P'~5e 3 - : t?.TER i!~AI~I CO`:STRUCiIO:~ - ~Pag~` 4 -- i'ATE~ ~iAlti CO`:SiRUC~iO~ ~GRE~:~`z.: WATER PAYMENT AGREEMENT Recitals 1. The City of Central Point, Oregon, sells water to the Jackson County Fairgrounds pursuant to a ~~Water Main Construction Agreement" dated September 15, 1976. 2. Central Point has overcharged Jackson County Fairgrounds for water, so that Central Point-owes Jackson County Fairgrounds reimbursement for such overcharges. 3. The parties have settled on the figure of $140,000 as full and complete payment of the overcharges. Now, therefore, the parties agree as follows: Agreement 1. The City of Central Point will pay to Jackson County Fairgrounds on or before June 30, 2009, the sum of $140,000 as full and complete satisfaction of all overcharges for water as of the date of this agreement. 2. The parties agree to renegotiate the terms of the September 15, 1976 Water Sales Agreement, on or before ® ,Se~fcrk 6e ~ ~p ~ , 2009. ~ CITY OF CENTRAL POINT, OREGON By ~~~~---._.....- Phil Messina City Administrator G - /! - oq JACKSON COUNTY FAIRGROUNDS BY~~' Chris Borovansky Jackson County Fairg unds Administrator 1 - WATER PAYMENT AGREEMENT (060509)