2001 AGN NOV 06 I18 - Laserfiche WebLink

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Item #18 CITY OF COLTON AGENDA REPORT FOR THE COLTON UTILITY AUTHORITY MEETING OF NOVEMBER 6,2001 HONORABLE CHAIRPERSON AND MEMBERS OF UTILITY KATHY A. KIVLEY, ACTING WATER & WASTEWATER DIRECTOR APPROVE THE ASSIGNMENT OF THE AGREEMENT TO CONSTRUCt OWSM IMPROVEMENTS AT THE RD( FACILITY FROM THE SANTA ANA WATERSHED PROJECT AUTHORITY (SAWPA) TO THE RD(JOINT POWERS AUTHORITY (CITIES OF COLTON AND SAN BERNARDINO) DATE: OCTOBER 30, 2001 BACKGROUND: As a condition of the State Revolving Fund loan, the Cities of Colton and San Bernardino contracted with the Santa Ana Watershed Project Authority (SAWPA) to administrate the construction of the RD( Demo and Full Scale Tertiary Treatment Facility. In turn, SAWPA, as administrators of the two projects, was responsible for disbursement of the funds to the contractors upon the State's approval of the construction bills. In addition, SAWPA was the vested property owner of the RD( Facility real property and all improvements, until SAWPA completed all of the legal transactions resulting from the State Revolving Fund loans and construction of the facility. On July 27, 1993, SAWPA applied to the City of Colton's Community Development Department, for approval to construct the RD( Facility. As a part of the conditions of approval, the City of Colton and SAWPA entered into an Off -Site Improvement Agreement for the construction of pavement curbs, gutters, sidewalks, landscaping, irrigation and right-of-way dedication per the City's Circulation Element Plan. Construction of the full-scale project was completed in April 1996, and the RD( Facility began operation at that time. After the State's acceptance of the project as 100% complete, the City Council approved the following actions: 1) August 2, 1994, the revised Joint Powers Agreement with the City of San Bernardino for operation of the RD( facility; 2) December 3, 1996, the transfer of the interest in the two RD( State Revolving Fund loans from SAWPA to the RD(JPA; and 3) February 6, 2001, the transfer of the RD( Facility (real property and facility) from SAWPA to the RD(IPA. 1 1) �:ielilzi-j (OIL, SAWPA is no longer the vested property owner of the RD( Facility. The Off -Site Improvement Agreement states in Paragraph 6, "SAWPA intends to assign all of its rights and obligations under this agreement to a Joint Powers Authority (JPA), consisting of theaties of Colton and San Bernardino at such time as the JPA is formed for the purpose of operating and maintaining the RD( Facility". Since SAWPA no longer has any interest in the RD(, it is necessary for the