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CONTRACT 2948 OtherAGREEMENT NO. W1166 between WEST BASIN MUNICIPAL WATER DISTRICT and the CITY OF EL SEGUNDO regarding RECYCLED WATER SERVICE TO TWO NEW PARKS This Agreement is made and entered into this 20th day of November, 2001, by and between the West Basin Municipal Water District, herein DISTRICT, and the City of El Segundo herein CITY, who agree as follows: 1. Purpose: The DISTRICT produces and sells recycled water to water utilities in it's service area including the CITY. The CITY wants to use recycled water at two new parks to conserve potable water and reduce expenses for irrigation. The CITY will construct these parks adjacent to Washington Park and Constitution Park and will use recycled water to irrigate the landscaping at the new parks. To provide recycled water to the new parks, the irrigation systems in Washington and Constitution Parks will be extended into the new parks. This agreement describes the roles and responsibilities of the CITY and DISTRICT. 2. CITY or its designee shall: (a) Extend the irrigation systems in Washington and Constitution Parks under Sycamore Avenue and Mariposa Avenue, respectively, to provide recycled water to the new parks (herein the "extended system "). The extended system shall be sized to accommodate the demands at the new parks and shall terminate three -feet (T) beyond the curb or sidewalk into the new parks; Agreement No. W1166, Pagel of 3 (b) Require the contractor constructing the parks to construct the extended system in compliance with State of California (State) and Los Angeles County (County) Department of Health Services' (DHS) regulations; (c) Own, operate and maintain the extended systems; and (d) Upon completion of construction of the extended systems, shall submit to the DISTRICT a letter requesting reimbursement for construction of the extended system. Attached to the letter shall be a copy of the CITY- approved invoice from the contractor indicating the construction costs for the extended systems. The invoice shall include sufficient detail to confirm its accuracy. 3. DISTRICT shall: (a) Reimburse the CITY for 2. (a) above in an amount not to exceed $21,000 within thirty (30) calendar days of receipt of the CITY'S request for reimbursement. (b) Prepare and submit the application, application fees and schematics to State and County DHS for the use of recycled water at the parks. 4. This Agreement contains the entire understanding and agreement of the parties with respect to the matters contained herein and supersedes all negotiations, prior discussions and preliminary agreements or understandings, written or oral. No waiver or modification of this Agreement shall be binding unless consented to by the parties in writing. 5. All notices shall be made in writing and may be given by personal delivery, by mail or by facsimile communication. Such notices sent by mail shall be sent to the designated contact person for each party and addressed as follows: CITY: City of El Segundo Public Works Department Attention Andres Santamaria 350 Main Street El Segundo, CA 90245 -3895 Agreement No. W1166, Page 2 of 3 DISTRICT: West Basin Municipal Water District Attention: General Manager 17140 South Avalon Boulevard, Suite 210 Carson, CA 90746 -1296 6. Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement shall continue as modified. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written below. "C• s WEST BASIN MUNICIPAL WATER DISTRICT By D . Miller, General M Hager Approved as to Form: B Y Lemie6lx and O'Neill, Dfstrict Counsel CITY OF EL SEGUNDO Y Sj/,� - Mike Gor n, Mayor ATTEST: 'c"tUa,:� Deputy ity Clerk Agreement No. W1166, Page 3 of 3 e iq P'rU