MA 080-18011290-1
Amendment No.1 to Reimbursement Agreement
This Amendment No. 1 to the Reimbursement Agreement MA 080-18011290-1 (“Amendment”) is entered into as of ___________, 202_, by and between
The ORANGE COUNTY FLOOD CONTROL
DISTRICT, a body corporate and politic,
hereinafter referred to as “DISTRICT,”
And
The CITY OF CORONA, a municipal corporation,
hereinafter referred to as “CITY,”
which are sometimes individually referred to as a “PARTY,” or collectively to as “PARTIES.” Whereas, the Parties previously entered into that Reimbursement Agreement for the Santa Ana River Mainstem (“Project”) dated as of August 14, 2018 ("Agreement”), wherein the PARTIES committed to implementing work to protect, relocate or abandon certain utilities and roadways (jointly “Facilities”) as needed to accommodate construction of the Alcoa Dike (“Dike”) feature for the Project.
Whereas, the Parties desire to amend the Agreement to reflect the definition of noncompensable utility work being used by the U.S. Army Corps of Engineers (“Corps”); and to substitute the attached Exhibit B to this Amendment in place of the original Exhibit B (City of Corona Impacted Facilities), as set forth herein.
NOW, THEREFORE, in consideration of the above, the Parties agree as follows:
1. Definitions. Unless otherwise defined herein, all capitalized terms contained herein shall have the same meanings as given to them in the Agreement.
2. Change to Recital H in the Agreement. Recital H to the Agreement is hereby deleted in its entirety, and is replaced with the following:
“H. The PARTIES further acknowledge UTILITY WORK on FACILITIES (i) located within CORPS/DISTRICT PROPERTY without the CITY having prior property right, title or interest as determined by the CORPS; or (ii) on property upon which the CITY has prior property right, title or interest, but which is considered by the CORPS to be a betterment; are deemed to be “noncompensable”(“NON-COMPENSABLE UTILITY WORK”), and the costs associated therewith shall not be borne by DISTRICT as they are the responsibility of CITY; and”
3. Change to Exhibit B (City of Corona Impacted Facilities) to Agreement. The original Exhibit B (City of Corona Impacted Facilities) attached to the Agreement is hereby deleted in its entirety and is replaced by the attached Exhibit B to this Amendment.
4. Counterparts. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
The exchange of copies of this Amendment and of signature pages by facsimile transmission, Portable Document Format (i.e., PDF) or by other electronic means constitutes effective execution and delivery of this Amendment as to the Parties and may be used in lieu of the original Amendment for all purposes. This Amendment may be executed by the Parties by way of an electronic signatures, in which case, said electronic signatures shall have the same force and effect as a written signature.
5. No Other Changes; Ratification. Except as expressly set forth in this Amendment, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect, and the Agreement, as amended, is hereby ratified by the Parties.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the day and year first hereinabove written.
CITY OF CORONA,
a municipal corporation
Date: ____________________________ By: ___________________________________ City Manager
APPROVED AS TO FORM
CITY ATTORNEY
Attest: CORONA, CALIFORNIA
By: _____________________________ By: ____________________________________ City Clerk Date City Attorney Date
ORANGE COUNTY FLOOD
CONTROL DISTRICT,
a body corporate and politic
Date: ____________________________ By: ___________________________________ Director of OC Public Work or designee
Pursuant to Minute Order 8/14/2018(#15)
APPROVED AS TO FORM
OFFICE OF THE COUNTY COUNSEL
ORANGE COUNTY, CALIFORNIA
By: ______________________________
Deputy Date
Project: Santa Ana River – Prado Dam
1 Exhibit B
City of Corona Impacted Facilities
Project: Santa Ana River – Prado Dam
Compensable Not Compensable
2 Non-potable well and pneumatic tank
Crossing Dike
Corps Abandon X
3 8-inch ACP water line
Crossing Dike
Butterfield Relocation X
4 12-inch PVC reclaimed water line
Crossing Dike
Butterfield Abandon X
6 24-inch D.I. Class 100 effluent line
Crossing Dike
Butterfield PIP X
12 24-inch steel percolation pond effluent line
Crossing Dike
Butterfield Abandon X
13 16-inch steel percolation pond effluent line
Crossing Dike
Corps Abandon X
18 18-inch VCP sewer line
Crossing Dike
City R/W PIP X
22 12-inch CML-TW water line
Crossing Dike
City R/W PIP X
31 8-inch sewer line
Crossing Dike
Auburndale PIP X
5 24-inch steel effluent line to Airport Butterfield Abandon X 9 60" x 12" RCP storm drain drainage ditch
Butterfield/
Smith Relocation X
11 8-inch VCP sewer line (manhole) Butterfield Relocation X 15 12-inch concrete irrigation pipe Rincon Abandon X
16 36-inch effluent pipe Rincon Abandon X
17 24" x 40" storm drain line Rincon Relocation X
19 12-inch VCP sewer line Rincon Relocation X
20 12-inch PVC water line Rincon Relocation X
21 18-inch sewer line Rincon PIP X
24 18-inch VCP sewer line Rincon PIP X
28 10-inch PVC water line Rincon PIP X
30 42-inch storm drain line Auburndale Relocation X
Auburndale Street X
Rincon Street X
Butterfield Road X
EXHIBIT B
ALCOA DIKE PROJECT
CITY OF CORONA IMPACTED FACILITIES
CORONA, CALIFORNIA
PROPOSED Preliminary Opinion
ACTION ID *EXISTING FACILITY LOCATION
Compensable Not Compensable
31 Rincon Street Left Turn Pocket Rincon X
32 Rincon Street/Butterfield Connector safety light
Rincon/ Butterfield
Connector X
33 Rincon Street/Butterfield Connector expanded
turning radius
Rincon/ Butterfield
Connector X
34 18-inch RCP storm drain line and Catch Basin
Rincon/ Butterfield
Connector Relocation X
35 Butterfield Drive/Butterfield Connector expanded
turning radius
Butterfield Drive/
Butterfield Connector X
36 Butterfield Drive/Butterfield Connector safety light Butterfield Drive/
Butterfield Connector X
NOTE: All assessments are preliminary in nature and are subject to change based upon additional information.
ID PROPOSED FACILITY LOCATION
PROPOSED
ACTION
Preliminary Opinion