2010/09/23 Eastern Municipal Water District (EMWD) Communication Facilities CITY OF MENIFEE
COMMUNICATIONS FACILITIES
INTERAGENCY AGREEMENT
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This Agreement is made and entered into this Lz-day of k�, 2010,
by and between Eastern Municipal Water District, organized and operat' g pursuant to Division
20 of the California Water Code (hereinafter"District"), and the City of Menifee, an incorporated
city of Riverside County, California(hereinafter"City').
RECITALS
WHEREAS, District owns and operates water and wastewater facilities within or in
proximity to City's service area; and
WHEREAS, City is desirous of locating communications equipment(hereinafter referred
to as the "Subject Facilities") at certain District water and wastewater facilities for the purpose of
enhancing city-wide communications in areas with no current communication capabilities; and
WHEREAS, the purpose of this Interagency Agreement is to set forth the terms and
conditions whereby District grants City permission to install, operate,and maintain the Subject
Facilities on District owned property.
NOW,THEREFORE, in consideration of the premises and covenants herein contained,
the parties agree as follows:
AGREEMENT
1. Incorooration of Recitals. The Recitals set forth above are incorporated into and are a
part of this Interagency Agreement.
2. Term. This Interagency Agreement shall remain in effect unless terminated, in writing,
by giving sixty(60) days prior notice, by either Party, in which case the Subject Facilities
shall be removed and District property restored to its original condition. In such event;
District shall, in no way, be liable for any direct, indirect, or consequential costs or
damages resulting from such termination, including any costs for replacement or
relocation of the Subject Facilities.
3. Location of Subiect Facilities. District hereby, grants City permission to install, operate,
and maintain the Subject Facilities at District's Daily Tank located at 32445 Daily Rd.
Menifee, California.
District, at its sole discretion, may grant City permission to install, operate, and maintain
facilities at additional District locations by written amendment to this Interagency
Agreement.
4. Resoonsibility. City shall prepare site plans for District review and approval prior to
installation. Site plans shall include the proposed Subject Facilities and any and all
appurtenances required for operation. The Subject Facilities shall in no way interfere
with current or future District operations,'including but not limited to physical
interference, or that associated with the use of communications equipment. City shall
comply with all applicable governmental rules and regulations for the installation and use
of the Subject Facilities on District property.
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5. Access. District shall provide City unrestricted, twenty-four hour access to the Subject
Facilities located on District property. City shall ensure that all facilities are maintained
in a clean and orderly condition, and shall comply with all current and future District
procedures for entry, including notification to District headquarters, as may be
applicable.
6. Utilities. City shall provide for installation and be responsible.for any and all utility costs
needed to serve the Subject Facilities.
7. Insurance. Prior to initiating any work, and throughout the term of this Interagency
Agreement, City shall provide and maintain'liability insurance, or self-insurance
coverage, naming District as additional insured, in an amount and type acceptable to
District. Additionally, City shall require any contractor performing work for City on District
property to provide District with evidence of such coverage also, naming District as
additional insured.
8. Relocation. District, may, at its sole discretion, require City to remove, relocate, or
temporarily suspend operation of the Subject Facilities as may be necessary for
purposes of construction, expansion, or other operational needs of District. District shall
provide City sixty(60) days, prior written notice of such requirement. District shall in no
way, be liable for any direct, indirect, or consequential costs or damages resulting from
such suspension, including any costs for replacement or relocation of the Subject
Facilities.
9. Hold Harmless and Indemnification. District, its agents, officers and employees shall not
be liable for any claims, liabilities, penalties,fines, theft, or any damage to property,
whether real or personal, nor for any personal injuries or death caused by, or resulting
from, or claimed to have been caused by or resulting from, in any way, District's granting
City permission to install,operate, and maintain the Subject Facilities on District owned
property, except those caused by the sole negligence or willful misconduct of District, its
agents, officers or employees. City hereby agrees to indemnify and hold harmless and
defend District and its authorized agents, officers and employees against any of the
foregoing liabilities, claims and/or any cost or expense that is incurred by District on
account of any of the foregoing liabilities, including liabilities or claims by reason of City's
actions in the use of District property; excluding however, such liability, claims, losses,
damages,theft, or expenses arising from District's sole negligence or willful acts.
10. Bindina Provision. This Interagency Agreement is binding on the heirs, representatives,
successors and assigns of the Parties hereto.
11. Entire Aareement. This Interagency Agreement is intended by the Parties as a complete
and exclusive statement of the terms of their agreement and supersedes all prior
agreements,written or oral, as to this subject matter.
12. Notices. Any notice required by this Interagency Agreement to be given or delivered to
any Party shall be deemed to have been received when personally delivered or mailed in
the United States mail addressed as follows:
District Eastern Municipal Water District
Post Office Box 8300
Perris, Ca. 92572-8300
Attn: General Manager
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Ci_yt City of Menifee
29714 Haun Road
Menifee,Ca.92586
Attn:City Manager
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the day and year first
above written.
CITY OF MENIFEE EASTERN MUNICIPAL WATER DISTRICT
Ely. By:
Wallace Edgerton, May®f Anthony J.-Pack, General Manager
Dated: �/ 7��L Dated: C-
ATTEST: Y�Y'� ATTEST:
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