2010/09/08 Council Agenda Packet

1 • • Approved Plans and Specifications (the"Construction Report"). The Construction Report must include a TV inspection and as-built drawings. (d) The District shall complete construction of all Interceptor Work in accordance with the Approved Plans and Specifications and deliver the Construction Report by September 30, 2014. If the District does not so complete the Interceptor Work,then the City may deliver a written notice to the District requiring such completion of the Interceptor Work within 90 days after delivery of such notice. If the Interceptor Work remains uncompleted and the Construction Report remains undelivered after such 90 days,then the City is entitled to specific performance of such obligations of the District pursuant to the remedies set forth in Section 3 herein, in addition to any other remedies the City may have at law or at equity. 0 4. Acceptance of the Interceptor Work. Unless the City reasonably determines that the Interceptor Work has not been completed in accordance with the Approved Plans and Specifications,the City shall,within 30 days after the City receives from the District the Construction Report and written notice that the Interceptor Work is complete, deliver to the District a written notice of acceptance of the Interceptor Work(the"Notice of Acceptance"). • C. Transfer of Title and Transfer of Operation and Maintenance Responsibilities. 1. Transfer to the City. Effective upon delivery to the District of the Notice of Acceptance, (a) all of the District's right,title, and interest in New Manhole A, New Manhole B,New Manhole C, and the New 30-Inch Pipeline shall be transferred to the City; (b)the City assumes all repair,maintenance, and operational responsibilities for all such improvements; and(c)the City may use all such improvements for any purpose consistent with this Amendment and the Agreement. It is the intent of the Parties that, effective upon delivery to the District of the Notice of Acceptance,the City shall own, repair, operate, and maintain all improvements shown in red on Exhibit C. 2. Transfer to the District. Effective upon delivery to the District of the Notice of Acceptance, (a) all of the City's right,title, and interest in Manhole 2085Z05 and the Low Capacity 36-Inch Pipeline shall be transferred to the District; (b)such transfer shall be AS-IS and the District assumes all repair,maintenance and operational responsibilities for such improvements; and(c)the District may use all such improvements for any purpose consistent with this Amendment and the Agreement. It is the intent of the Parties that, effective upon delivery to the District of the Notice of Acceptance,the District shall own,repair, operate, and maintain all improvements shown in green on Exhibit C. The City and the District shall fully cooperate to execute any other instruments that may be necessary to document the transfer of the above improvements. Page 4 5