HomeMy WebLinkAboutClovis Hills Community Church - Extra Territorial Emergency Service and Offiste Infrastructure Agreement temporaty water supply for emergency usedovishills
community church
H Resolution
U8 Whereas, the Senior and Executive Pastors have made a recommendation to the Trustees to
enter into an Extra Tei Emergency Service and Offsite Infrastructure Agreement
Between Clovis Hills Community Church and City of Fresno ("Agreemeni and
Whereas, due to the lime sensitive nature as determined by the Executive Pastor, the Executive
Pastor calletl and held a special meeting of the Trustees as. authorized by Article VII, Section
II(2)(E) of the Constitution of Clovis Hills Community Church; and
Whereas, the meeting was held on WWI o; and
Whereas, a quorum of Trustees was present to consider the recommendation, with 8 of 9
Trustees participating, and
Whereas, after consideration of the recommendation, by a majority vote of those Trustees
present, the Trustees approved the recommendation of the Clovis Hills Community Church to
enter Into the Agreement and
Whereas, Steve Davidson is currently serving as Senior Pastor of Clovis Hills Community Church
and is authorized by the Constitution of the Clovis Hills Community Church to carry out this
decision of the Church by executing the Agreement on behalf of the Church',
Resolved, that Steve Davidson, Senior Pastor. is authorized and directed to sign the Agreement
on behalf of Clovis Hills Community Church.
CERTIFICATION
I, David Love, Executive Pastor serving as the vice -President and Secretary of the Clovis Hills
Community Church, certify that the foregoing resolution was approved by the Board of Trustees of Ute
Clovis Hills Community Church, at a special meeting held on the 81 day of August 2010, and that
Said resolution remains In full forces and affect.
By:
David Love
Execove Pastor as Vice -President and Secretary, ClovisSSB 9914600
HMIs Community Church 5592972609
ms90 x comm.
Llovh. Lalilmnia 93619
vxw.okvwAllls.cum
irewlar6dwaMllemm
EBTRA-TERRITORIAL. EMERGENCY SERVICE ANO OFFSITE
INFRASTRUCTURE AGREEMENT BETWEEN
CLOVES HILLS COMMUNITY CHURCH AND Cll'Y OF FRESNO
THIS AGREEMENT is made and entered into effective the day of August
3010 t"Effective Due I, by and between me CITY OF FRESNO, a California m nicipul
ooryomtion (hereinnRer referred ro 'CRY I, and CLOVIS HILIS COMMUNII.Y CHURCH
OF CLOVIS. CALIFORNIA, u Califomis Corporation (hereinafterreferred to as "CLOVIS
HILLS-)
RECITALS
WHEREAS, CLOVIS DES is Imared in the County but within the City of Clovis
sphere of influence at 10590 N. Willow Ave., Clovis, CA 93619 (hereinafter refemad to as
Property'); and
WHEREAS, CLOVIS HILLS has two private water wells that are inadequate to provide
a water supply to the Church, and
WHEREAS. the City of Clovis docs not have water facilities available to serve the
Property, and the cost to extend services to the Property Is not currently economically feuiblic
and
WHEREAS. CLOVIS HILLS heads a mmparary water supply for emergency aso unfit
City of Clovis has water fncifiI available m same the Property: and
WHEREAS. CRY has averable water services ad3acum to the Pmperfy along Willow
Avenue which may be extended to the CLOVES HILLS Pmpeny. and
WHERAS. the City of Chien has consented to CLOVIS HILLS obtaining temporary
mergency water wrocc firm CRY to the Property amid City of Clovis water facilities ate
available to service the Property: and
WHEREAS, CRY is waling to provide mmpmary aovqtmwv water service to the
faciii[lyrnpvy in outolr mac wit
thernpertv ande provisions of this Agreement until the City at Clovis has water
WHEREAS, CT1'Y'9 3035 General Plan did not contemplate the additional water service
to CLOVIS HILLS, and
WHEREAS. CLOVIS HILLS is capable of purchasing an annual surfacewater allocation
Of aypmximately 13 ins feet from Garfield Water District to providesufficient mrface water to
serve CLOVIS ED 1Sdomestic demands ("CHCC Alloeamurt h, and
r.niervs�ws.,eaHemmn.m�
I-
WHEREAS. CCfY upon delivery of surface water to CITY'S surface water Veaminew
facility is willing to treat and distribute such surface water to CLOVIS HILLS, according to the
conditions set forth in this AGREEMENT, and
WHEREAS. CLOVIS HILLS filed an application with Fresno Local Agency Formation
CommLssinn ("LAFCO-) to obtain survive from CITY: and
WHEREAS. LAFCo approval requires CLOVIS HILLS to enter into an ExacieTemimund
Woman Service Agreement with CITY to Provide water services to the Propcny. and
WHEREAS, this Agreement is intended to comply with LAFCo requlamenn for an
Exnz-Tenim(al Waw Service Agreement with CCCY to provide water service to CLOVIS
HILLS (hereinafter removal to as "Project -L
AOREENPENT'
NOW, THEREFORE, in comidemtion of the mutual covenants ret forth herein and for
other good and valuable consideration, the receipt and adequwy of which is hereby
acknowledged, the parties hereto, agree as Follows.
A Cnnnec'on to CITY M - IW 5 Connection to CITY's municipal water
system by CLOVE HILLS shall be subject to the following conditions:
I. CITY'a New Water Service —mwi Upon payment by CLOVIS HILLS of
applicable has and charges to CCTV, CH'Y shall install 2 pwol two-inch water service Innes
from an existing municipal waver system waver main in Willow Avenue to be Public Right of
Way ( PRW'I at be fmmage of CLOVIS HILLS along Willow Avenue, including two water
meters to be located in be PRW. The water service linea Installed by CITY, between be
existing water main in Willow Avenue to and including be two water meters in be PRW. ate
collectively referred to herein as VITY's New Wma9ervice Lines:'
'- Metered Servirc Connettions. Subject to the terms of this Agreement, CITY shall
allow CLOVIS HILLS two win wred sery ns For fire, dote mtl somehowa to
CITY's New Water Survive Lines_ The two service connections shall be made by CLOVIS
HILLS at the two watnrmeam installed in the PRW thereinafterPoints of Service, I
I Commence of Private Water Systems. CLOVIS HILLS shall design. constmct,
Operate and m tam. as it sole responsibility and expense, private water service lines
downstream from ( ITY'a New Water Service Lines from the Points of Scrvice fheriumahitr
"Private Water Systems'), including installation of any rtquired devices Including fire hydrants,
if any. CLOVIS HILLS shall submit engineered water facility improvement plans, prepared by
Registered Ci vii Engineer, to the County of Fresno for review and approval of the private Water
System by the County of Fresno. County of Fresno approval shall be rtquired before
constmincion and Operation of the Pdvam Water Systems by CLOVIS HILLS: CLOVIS HILLS
is solely respomnble to insure the Pi Water Systems are capable of delivening Pre flows
acceptable to the local Em protection agency, mat public water quality standards dm complied
un. Mmaew vol ..nvm.pn..mMar'48rev,,„vnlry xW% n...... csusar cwa.
2-
with, including any necessary testing and reposing. and shall Protect CITY Is public potable
water supply by installation of an approved reduced pressure principal backflow device at the
Points of Service connealans "the Private Water Systems to CITY'S New Water Service Lines
4. payment of Connection Fous It, CITY. As a condition precedent to any City
obligation using under this Agreement, CLOVIS HILLS shall pay In CITY all applicable fees.
charges and other Leviticus carried by CITY as a condition Of connection to CfrY's New
Water Service Lines. Samples of types of lees acquired by CRY, and estimated macs, are
anached as lchad t "A" Notwithstanding the foregoing, CLOVIS HILLS shall only he reyuiread
10 pay Water Service and Metered Chargescurrently estimated at fivethousanddive-hundred
and twenty-four dollars 1$5,324 00). within five (S) days of the last parry to execute this
Agreement. All other connection fees, charges avd payments shall be accord (Deferred
Connection Fees i unless and until CLOVIS HILLS continues to receive water services from
CITY 'note than ten years after the Effective Date. If CLOVIS HILLS receives water am cess
from CITY under fins Agreement marc that om yens after the Effective Date, CLOVIS HILLS
hall immediately pay WI Dewed Connection Fees including those identified in Exhibit'A.' or
me fees and charges in existence at that time including those identified in CITY's DGM I01s and
Master Fee Schedule, whichever amount is higher Nothing in this paragraph shall effect
CLOVIS HILLSObligation to pmmpdy pay all nun correction fees and costs, including
required permits and CLOVIS HILLS' municipal utility waterservice accnumis)whh CITY.
i Provision of "HCC rOmemiun from Gna lel Water District. CLOVIS HILLS
sM1Wl provide CDOC Allocation under this Agreement to CITY in an amount of not less than one -
hundred percent of CLOVIS HILLS' metered usage, estimated to be approximately 33 acre Net,
In this regard, CLOV IS "n I represents it has certain rights to receive water as a landowner in
the Garfield Water District. CLOVIS HILLS is solely responsible to secure conveyance
agreements such the Fmsnu Irrigation District and Gaffeld Water District lir other entities to
deliver CHCC Allocation to CITY's surface asset reatment facility. CLOVIS HILLS is solely
responsible for all costs, fees and expenses associated widt provision of conveyance and delivery
of CHCC Allocation to the peam of delivery specified by CITY In accoManee with CITY's
Connect 14Go2ML8901-LTRI with the U.S. Bureau of Reclamation.
6. CITY to Provide Warn Up'm CLOVIS HILLS' full and complete Performance
Of all of CLOVIS HILLS' obligations and responsibilities under this Agreement. CITY agrees to
provide CLOVIS HILLS' Property with water from CITY's municipal water system through
CITY's New Water Ser%ice Lees. CI'TY1 obligation to provide CLOVIS HILLS" Property with
water from CITY's municipal water System conditioned upon CLOVIS HILLS Obtainingall
necessary governmental consents and approvals ncludingrewilhom Initiation, the app epdu
wormsr necessary to install the Private water pipeline and fated fiamres for the Private Water
Syxmma
t. No Rao enc om R co d Service
make a retStructuret CITY does not
representation, kind
n vert of aa of any ce that
m nature mu "pal ter system
a
disclaims w any kind Of representation. warranty CITY or g w Water
tSe CfeV' muni -pal star system
Sys the supplied thereby through Cy CL New Water Service Linea Sthepec fie vol me of
Systems cashes cnnsirumed and installed by CLOVIS HH.L$ will yield any Specific volume of
cluIn..umis "'IvIv An.+mmuu11aen�mm.
water, specific water quality, or provide am 4111 fie water pmvsuia to Ne prettify under static
of demand scenarios or for any use by CLOVIS HILLS and its tenants, favors. purchasen,
mecesspn or assigns. CLOVIS HILLS assumes full tesponslb0ity for the adequacy or volume
r
of water, water pressure and water quality from the CTTY's municiPa water system to the
Private Water SyNnumes for any and all purposes relaed to the Pmpeny.
8. Maintenance and Reagan f Private"Water Systems. CLOVIS HILLS shall, at its
sole cost and expense, dengn, construct and ml the Private Water Systems and related
fixtures necessary to manspon water from CITY municipal water Supplied through CITY's
New Water Service Lines to the Progeny CLOVE HILLS III at its sole cost and expene.
ainam, repair and replace the %i me Wier Systems. Under no cur umnancce shall CITY be
requiread or accoun ith e in maintain, repair or replace the Private Water Systems, GLOMS
HILLS' obligation to maintain, repair and replace the Private Water Systems shall include,
without limitation, any operation and miatenance, repair, replacement Or modification of the
Private Water System that nay he requvM by CITY. Should CLOVIS HILLS fail to operate
ainwin, fail and replace the Fill Wainer Systems required by this paragraph, CITY shall
have the right. but not the obligation, to stop providing water until the Private Water System is
repaired by CLOVIS HILLS,
Leak Repair, It is the sole mponsibility of CLOVIS HILLS to respond and repair
leaks caused by unforeseen conditions or damage including those caused by
CLOVIS HILLS. Other parties Or acts of God. As part or its duty to Mundane the
Private Water Systems CLOVIS fill IS shall promptly repair all Itill no matter
hew Sold leaks may he caused, in the Private Water Systems at its sale cost and
expense. CLOVIS HILLS acknowledge unmpaied leaks waste water, may
cause prppeny damage or affect public health, safety and welfare. If CLOVIS
HILLS rails to promptly repair all leaks, CITY. at its sole discretion, may Stop
providing water. Thereatter. CITY shall have no Obligation to provide water all
CLOVIS HILLS repairs the leaks to the Private Water Systems.
h Lg m Inscec and A W M d Reduced Pleasure B kfl
ow
Uev¢es. CTTY shall have Ne right to inspect and examine the Private Water
Systems at any time, including during conswaion and ogmoon of the L vie
Water Systems. CITY shall have the eight of access to water meters and reduced
pressure bnckMw des nes whether located on the Private Wa
Property ter Systems or the
9. CITY Exclusive Soume of Water. CLOVIS HILLS mull seal and abandon
xi.t ing on-site wells) in compliance with the State Of Celifomia Well Standards, Bulletin )690
or teem revrsoles issued by Canonical Department of Water Resources. CLOVIS HILLS'
obligation toxeal and pmmpdy abandon rusting on-site wapiti shall be effective upon rel of
water from CITY'a municipal water system. It at any time CLOVIS HILLS cbnnxg to any
other potable water supply, including a water supply from a well or public utility, than CTTY's
obligation to provide temporary emergen iv water service from CITY'v municipal water system
under this Agreement .shall automatically terminate In the event CLOVIS HILLS becomes a
Pe �mmnl customer of CITY as .set imil in Paragraph A(12), CLOVIS HILLS shall not comas
to y other parable water supply unless authorized in writing by CITY or as required by
Paragraph Air 2) upon request of the Cis of Clovis.
I. I rj maIlly um.I.m many. a ANtmJIIvUm nen e.,r .ao frill xC,m,
III. No Additional CITY Water Servres For E1 f p
CLOVIS f HILLS acknowledges this Agreement allows n obtaining nationals emergency water
ice from COY to the Property mall Cm of Clava water facilities are available m sets ice the
Property as specified In Paragraphs At l l l or At 121 CLOVIS HILLS also acknowledges CRY\
Kris General Plan does not contemplate Nv additional wmer service to CLOVIS HILLS and
CRY's water .Supply is limited. CLOVIS HILLS hereev covenants it sill not construct any
additional buildings, forilities, someone. landscaping.Or engage in any other use of the Property
resulting In an increase in the level of water mage daring the period of time it is connected a
CITY's demand' water serves m
icas a temporary water supply for emergency use as set forth in
Vattempt At I_I. If CLOVIS HILLS beromes a permanent customer as sat forth in Paragraph's
A(12) and I131, the CITY will consider an amendment requanng CITY Council approval m this
Agrttmem allowing far additional h rdmngs, fai swctureslandscaping, or engage in any
otherof the property resulting in increase re se m the level of water usage. To the extent
portable. e
CLOVIS HILLS shall h5lan tlseProgeny shall milroe surface water, if any, for
rogation needs,
I I. Caruthers to the C v of Clav s Marli Water MarlSystem When Available. Prior
to becoming a permanent customer of CITY as cot forth in Paragraph A(13). CLOVIS HILLS
shall promptly connect to the City of Clovis municipal water system if City of Clovis water
Ordinal become available. For the purposes of this Paragraph water facilities ate .said to he
ailable" when there is a City of Clovis water main capable Of providing water service an the
Property located within 100 feet of the Pmpeny and the City of Clovis authorizer water service
to the. Formicary HILLS shall take all reasonable steps to obwin any necessary
amosival(s) from the CIO of Clovis, including payment of fees and obtaining permirysl If
CLOVIS. HILLS connectsa the Cityof Clovis municipal warersynem then CRY's obligation
to provide Temporary emerge water municipal water syxwm under taus
Agreement shall automatically terminatee1a afrom CFV " s nn at
12. Tempurarc Eme a tl P W S this A TTa pvrtms to
grttmen acknowl ed go
the nawre of the mumcipel wa¢r service pmvidetl 6y CITY m
CLOVIS HILLS is m addrr_ss emergency water needs of CLOVIS
HLLLS nn a temporary basis.
However. if CLOVIS HILLS receives water servmes from CRl' more than con yeah after the
Etlewivc Oaa, water ser a will no longer be tnmiden:J temporary and emergent, vnd
CLOVIS HILLS sha he 4 pe'manent costumer of CRY If CLflV15 HII�,$ becomes o
permanent Cramer of CH'Y. CLOVIS HILLS mus[ also reecive CITY approval of all permits
and emltlements aavy"oned with the Fmpery. and at subleft m ('ITV's ONinancea anJ
regulation.. m if the PROPERTY were braved within CITY
'"iaorJictinn. Rmwrthsmnding tM1c
foregoing. CLOV IS HILLS shall he required to nett m City of ('lovis m nicipal w
system and dls[O a CITY water service upon reguem at'the City of Clovis ut a v timeao(
CLOVIS HILLS Cnnede to the City of CIO
vrs' municipal
water
system tM1en CRY's obligmi n
n provide waar u e from CITY's Inu within
water neslom under this Agree
automatically termrna:e mem snail
13. Continuing Obligations and Rearchersdanduches f CLOVIS HILLS to Pay t
oy
Mu�tidFUl Gtil In Water Services gFrolid,,j he I -M'. CLOVIS HILLS agrecstoprompov pays
Lm. n.,..,.15cwuvH lnyuliuwu Avrivnia bvi a Ill sm.o.anchums
CITY any and all fees far water woviess .supplied by CITY to CLOVIS HILLS' Property. All
fees hand in CITY's Master Fee Schedule are regularly updated and amended Froin time to time
by CITY's Council, Notwithstanding any other section 11 this Agreement, rhe fres and rates set
forth by the Master Pee Schedule, to iniourcly in effect or us it may be amended arc
nompnated herein and shall have precedence over the fees listed in this Agreement and attached
eehih us). CLOVIS HILLS is responsible to pay the fees and rains as set fait by the Master Fee
Schedrde. except as otherwise provided in Paragraph Ala) rcgmtling the Deferred Connection
Fees . CLOVIS HILLS agrees to apply to CITY for a municipal utility water account, mandiain
water municipal diddy water service account with CITY in a current status and comply with
CITY's Fri Municipal Cade Sections 6-10p at .sea,. as; subsequently updated or amended.
CLOVIS HILLS acknowledges and agrees that should its municipal utility water service account
with CITY become sixty (W) days delinquent, CITY shall have the right, at CITY's sole option.
to discontinue water service to me propmy.
14. Indemnificatian of CITY: To the greatest extent allowed by law, CLOVIS
HILLS shall indemnify, hold harmless and defend CITY and each of its officers, officials,
employees, agents and volunteers from any and all loss, liability, fines, penaltiq, forfeitures,
costs and damages (whether in comma ton or strict liability, including hop not limited to
personal injury, death at toy time and property damage) incurred by CITY. CLOVIS HILLS or
any other person, and farm any and all claims. demands. liabilities, damages and anions in law
r equity including atomey s fees and litigation expenses Incurred by City or held to he me
liability of the City, including plainuffs attorneysfees if awarded), arising or alleged to have
missen directly or indirectly out of (a) de making of Saiz Agreement: of the performance of mie
Agreement; Ic) me performance of any w all work to be done in and upon the street rights-of-
way. upon me Property nr premises adjacent merem pentagon to this Agreement (d) arising or
alleged to have arisen directly or indirectly in any way related to the design, construction,
Inad atloo, maintenance and opcmtion of me Public Water Systems by anyone Occupying any
portion of the Propriety, including, without limitation, any such claims, causes of action,
dai liabilities, fees, costs, expenses and attorney fees arising form waterilia
compliance A lack of volume of water. inadequate fire flow, or lack of water pressure in, manor
delivered to the Public Water Systems. CLOVIS HTML' obligations under the preceding
sentence shall apply regardless Of whether CLOVIS HILLS or any of its officers, officials.
emplgxes. agents or volunteers are Pact' vely negligent, but shall tart apply to any loss. Mobility.
lines, Penildes, foeeimres. costs or damages caused by the active or sole negligenm, m the
willful Misconduct, of CITY or any Or its offices, officials, employees. agents or vol, or t
This section shall survive termination orexpireuon of this Agreement.
o.
B . Additional Previsions
L Coveunss Runnin 'mm Lad. CLOVIS HILLS acknowledges and agrees all
^f CLOVIS HILTS' covenants, agreements. promises, representations and w hes amar as set tomb
r this Agneemem are treasurersing with CLOVIS HILLS' Property as defined in the
applicahle provisions of Secone1457 n seq. of me California Civil Code, shall be in favor of
and ler the funnel of CITY and shall be "Seaside by CITY. CLOVIS HILLS" covenants.
agreements. promises, representations and warranties as contained in Cis Agreement shall tau
with the Popery, and shill he binding on CLOVIS HILLS and CLOVIS HILLS' successors.
n.v. rmn�..n costs Oe AfssvIAsm+m..rn u.... rico coaro..n, 6.,vorm..,
ssigne lessees and all panics and Persons claiming under them. CLOVIS HILLS transients to
this Agreement bang recorded as covenant running with the pmpmr,
2. Succrsson and Assigns The covenann and agreements contained m this
Agreement shall be binding upon and shall insure as the benefit of the har
irs. nu and
assigns of the patties hemp CLOVIS HILLS may not assign Its rights andsoroldlgatinnsunder
this Agreement ommut the Prior wrircn consent of CITY. which eunsent shall not be
umnsOnably withheld. Any such consent by CITY shall not, in any way, relieve CLOVIS
HILLS of its Obligations and responsibilities under this Agreement.
1 Nonen. Any notice required or amended to be given to Singer pony under the
terms of Has Agreement said be in writing and shall he deemed to be duly given if delivered
Personally, ttanimitrN by facsimile followed by telephone consummate Of region. or sem by
United States registered or terrified mail, with postage prepaid, return receipt requested.
addressed tp the party m which Mace a to h rty s address set fortgiven at me pah on the
vital page Of this Agreement or at such other address to the parties may firm time to lime
designate by wrihn nmes: Notices servetl by Loved Smms mail in the manner above deacdbed
shall be deemed sufficiendy served or given at the time of the mailing thereof
q- Binding. Sublect to Section 15, below. once this Agreement is signed by all
panion it shall be binding upon, and shall more to the benefit of. all parties, and each parry's
respe<[ve heirs, succesmay assigns. transferees, agents. servants, employees and representatives.
5. Cmmmlance With blue Law In providing fire Socilegaii required under Has
Agreement, CLOVIS HILLS shall of all limes comply with allapplicable laws of the United
States, the State of California and CITY, not with all applicable regulations promulgated by
RMem1, stateregional, or local administrative and regulatory agencies, now in force and as they
may
rat
tam of
CITY.=is reser tiblecfor determiningdappliicability of and thisAgreement
with all localSameStam and
ponce
federal laws including. without limimuon, the California Labor Cade, Pubfic Cunuan Code,
Pubhe Resources Code. Health & Safety Cada, and Government Code: the Fresno City Charter:
and the Fres n Municipal Code. CM makes no repres mbeaims regarding the applicabIDty of
Sens such hereunder lawstotblew Agreement
out hmimuov. payment of prevailing imoo. rights or obligation
subcontractor losing.ng Or matters. CI wages competitive law bedding,
lu an o C"shallany
dons, whether
law orequity
a;
should L face knownofthe reed for CLOVIS HILLS m errant curb laws, whether CfIV knew fr
CLOY IS HILLS of the need m comply, PY or whether Cfl'Y failed to notify
h. W=ver. The waiver by either party of a breach by the other at me provision of
this Agreement shall not constitute a continuing waiver or a waiver of any suhsequem breach OF
:either the same or a different Provision to of this Agreement N Agreement may
bl waived unless " ting and esigned by all fames m thAgreement f Waiver of any rte
pnrvlsiem herein shad not be deemed to be a waiver of any other Pmvisirn herein.
m'sTergeubun iabe, n.ex.v,ttwu aai,t,,rg�M,resga,.,
f. PublicHealth S per andWlf Nothing eomained in this Core enam smi limit
CfI'Y's authority to exercise its police powers, governmental authority or take other approProw
actions to address issues of public health, safety and welfare as deemed appmpriam by CITY in
its .sole determination and dlscredoo.
8. Goseminr Law andVenue .This Agreement shall he governed by. and commod
and enfomed in accordance with, the laws of Ne State of California, excluding, however any
contiml of laws ralewhich would apply the law of another jurisdiction. Venue for purposes of
the fling of any action regarding the enforcement or interpretation of this Agreement and any
tights and duties hereunder shall he Fresno county, Gdimmix
9. resume The section headings N Nis Agreement are for convenience and
reference only and shall not Ire constmeN or held in any way to expla i, modify or add to the
im Tmtatiun or meaning of the provisions or this Agreement.
10 Severablliy. The provisions of this Agreement are severable. The invalidity or
unenforceability of aay one provision in this Agreement shall nor affect the other provisions.
I I, parrionevallim The parties acknowledge that Ibis Agreement in its final form be
the result of the combinedeffort of the parties and Nat, should any provision of this Agreement
he found to be ambiguous in any way, such ambiguity shall not be resolved by construing this
Agreement In favor of or against either may, but rather by construing the terms in accordance
N their generally mOltoeb meaning.
12. Attorney's Pees, If either party is required to commence any promedng or legal
on to enforce or interpret any semn, covenant or condition or this Agreement. the prevailing
pany in such proceeding or action shall he entitled to recover from the other party it, reasonable
attomey's fees. costs and legal expenses.
13. Exhibits Each exhibit and attachment remormic d in this Agreement Is, by the
reference, mcorpomted into and made a pan of this Agreement.
W Pmo bene of Documents. In the event
of any conoid between the body Of this
Agreand an exhibit or attachment herem, themrms and conditions of the brdy of this
Agreement rhall control and take precedence mns over the maand conditions expressed! within the
exhiEn or attachmentrthirmureany terms or conditions, contained within exhibit or
t
achmem her rp
Which pnon to modify
od fy the allocation or nak in
between the Pumps. provided
or,thus the be dv of Ni. Agreement shall be null and void
Ill Cuntulatl c Remedies No stamps or election hereunder shall be deemed
exclusive but .shall. wherever possible, be cumulative with all otherramedies m law or in equity,
16 No Thitd Parry malichumems
The rights. interesu. duties and obligations defined
within this Agreement are intended for Ne specific parries harem as identified In the preamble of
this Agreement. Notwithstanding anything stated to the contrary in this Agreement, it Is not
all. r.an...q...,,_o.enr..,..mrcaswm.Ircc... nueco,.m.my n...n..rn..,.
8
intended that Anynghts, of itnem9ts in this Agreement benefit or now to the MI of any third
19. Extent of Aga re
Each Pavy acknowledges that they have ad and fully
ianeertland the uonterm, of th Ce Agreement Thin Agreement represents than .te
e entire d lntegrmed
mem between the parties with respect to the subject matter hereof and supersedes all prior
neeonmatio. mpma ntauom or AyicerlI ether written or oral This Almo mens may he
modified only by written Irotmment dub' eumunzed and executed by both CITY and CLOVIS
HILLS
cvn eumI'd A'aao yia h Ir 1,1.,II,y.an,.,m na. n,m. oem Mi, csims.rt,,,I.
IN WITNESS WHEREOF the Pani-. have
California, the day and year Ilrst above carmen.
CITY OF FRESNO,
a California municipal corporation
By:
i nIo0of Public Utiliti
ATTEST:
REBECCA E. KI-ISCH
City Clerk
By: L,yL y
APPROVED AS TO FORM:
LAMES C. SAANNCEEZ
City Ano y
By. /
it L. hu Dam
Deputy City Attorney
Addreases
CITY:
City of Fresno
Attention: Depasoment of Public Utilities,
Water Division
1910E Oni eraty Ave_
Fresno, CA93703
Phone: 15 59) 5213319
FAX _15591488 1024
cxeQUted this Agreement at Fresno
Cf.UVIS LS COMMUNRI'CH RCH
OFt'L 1 CALIFORN IA .LLalif min
B VN
Steveaster
Title: SeniororDavidson
Pvmr
CLOVIS HILLS:
10590 N. Willow Ave.
Clovis CA 93619
Phone, 059) 297-2600
FAX 15591297-7099
Atrachments:
I- Ex A' -City of Fresnu Development and lonpect Fee Esoned,
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State of California
i CALIFORNIA ALL-PURPOSE
Countyof pYYCaK_0 I C_ERTIFFII���CIA,TE OF ACKNOWLEDGMENT
On O l//i%rr --{{�� before me,
personallyappeared �T C/✓Z✓EW(L(((.5"M
who proved tome on the basis of satisfactory evidence to be the perso7y3fwhose nampKe/y1i'slubscdbed to
the within instrument and acknowledged to me that he�/srp6/tbWexecwm1 the same -n his/�t�
authorized capaciry�, and that M his/�tlyrsignatur NI/On the Instrument the Persti. or the entity
upon behalf of which the persony'acted, executed the instrument.
I certify under PENALTY OF PENURY under the laws of the
State of California that the foregoing paragraph Is true and correct.
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WIRNESS my hand and official seal. nmPU
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OPTIONAL INFORMATION
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Description of Attached Dument
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Exhibit "A"
CITY OF FRESNO DEVELOPMENT AND IMPACT FEE ESTIMATE
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ils-=a�.I# REPORT TO THE CITY COUNCIL AGENDA ITEM NO. Ip; 30am
August 26, 2010 COUNCIL MEETING 814//p
FROM: RENEA.RA RPubli Director lArA � ronsc
DENEALn MPublic ireces
BY: LON M. MARTIN P.E., Assistant Director L.YI.
Department of Public Utilities
SUBJECT: ADOPT THE ENVIRONMENTAL FINDING OF A MITIGATED NEGATIVE DECLARATION FOR
ENVIRONMENTAL ASSESSMENT NO. F 40-14, AND APPROVE AN EXTRATERRITORIALWATER SERVICE AGREEMENT BETWEEN THE CNV OF FRESNO AND CLOVIS HILLS
COMMUNITY CHURCH CONTINGENT UPON FINAL APPROVAL OF CLOVIS HILLS
COMMUNITY CHURCH'S APPLICATION WITH LAFCO
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RECOMMENDATIONS c.. 9641Io
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Staff recommends that the City Council take the following action: toe `
I. Adopt the environmental fining of a Mitigated Negative Declaration for Environmental
Assessment No. EA -10-14.
2. Approve an Ea1ra-Territorial Water Service Agreement between the City Of Fresno and Clovis Hula
Community Church (CHCC) and authorize the Director of Public Utilities to sign the agreement
behalf of me City contingent upon final approval of CCHC'a application with LAFCo. on
EXECUTIVE SUMMARY
The CHCC property has two private water wells that are inadequate to provide water service to the Church. In
addition, the City Of Clovis does not have Water faciMies available to serve the Church, and the Post to enend
the faoildies is not economically feasible at this time. The City of Fresno has water facilities within North Willow
Avenue that are available to supply water service to the CHCC property. The CHCC has secured 23 acre -fl of
surface water from Gode v Intualion District who will deliver the water to Fresno's surface water treatment
ho"Recharged
for treatment and eventual delivery to CHCG CHCC will have a metered water service and will be
chargetl Fresno's in
water rate. The City of Clovis has consented to allow CHCC to obtain service frcm
the City of Fresno until the City of Clovis has water facilities available to serve the property.
CHCC has filed an application with Fresno Local Agency Formation Commission (LAFCc) to obtain water
service from the City of Fresno. LAFCO has required CHCC to enter into an Extra-Temomal Water Service
Agreement with the Cily W Fresno for the provision Of water service. The Agreement outlines the requirements
and provisions far water service and has been approved as to form by the Cily Attorney's Office. The
Agreement is contingent upon final approval Of CCHC S application by tAFCo scheduled for consideration on
September B, 2010,
BACKGROUND
The CHCC property Is located within the County M Fresno, and within the City of Clovis sphere of influence
10590 North Willow Avenue. CHCC presently obtains its water supply hon Mm private water wells ocat
within the property These wells are net capable of serving the property, and the Post to extend the City
iT TO THE CITY COUNCIL
Hills Community Church
213 2010
Clovis' services to the property is not economically feasible at this Ume. The City of Fresno has an existing
water main atljacad to CHCCa property at No" Willow Avenue that is capable of providing water service to
CHCC. Due to the lack of available water supply, CHCC has requested from the City of Fresno a temporary
water supply for emergency use. The CRY of Clovis has consented to allow CHCC to obtain this supply from
the City of Fresno, until the City of Clovis has water facillass available to serve the property.
CHCC has filed an Extension of Municipal Water Service application with Fresno IAFCo to obtain water
service from the City of Fresno_ LAFCo has required that CHCC enter's an Extra -Tentorial Water Service
Agreement with the City of Fresno The Agreement outlines the installation maintenance d water services, and
the payment of appropriate fees, charges antl other payments for "Onne,ion. Adtlitlonally, the CM'S 2025
General Plan did not contemplate the additional water service to CHCC CHCC has tlemonshetetl met they are
capable of purchasing an annual a"Race water allocation of approximately 23 acre feet from GarfieM Water
Dispot to meat CHCC's domestic demands. The agreement requiIsa CHCC to secure conveyance
agreements with the Fresno Inflation ER tnd and Garfield Irrigation Dishid to deliver the water to the CM d
Beano. Upon delivery of the surface water, th City wall treat me water at its Surface Water Treatment Fadlity
antl distribute it to CHCC. The City ARorneyb Office has reviewed the proposed Agreement and approved R as
to form. The Agreement is contingent upon final approval of CCHC'a application by IAFCO scheduled f r
consideration on September a, 2010.
ENVIRONMENTAL FINDING
The CRY d Fresno has conducted an initial study of the d the project, and it has been determined to be e
Pulled that is not fully within the scope of the Master Environmental Impart Report No. 10130IMEIR) prepared
tus a
for the 2025 Fresno Gen9-02 S Plan (SCH510010]109]) or the Mitigated Negative Declaration Prepared for Plan
Amendment No. MNDL2 (SCH re the 51016) to amend the Air Quality Element of me 2025 Fresno General
Plan tAir Duelar MND). Therefore, the Planning and Development Department proposes to adopt a Mdigated
Negative Declaration for this project.
The subject pmparty is located outside the boundaries of the 2025 Fresno General Plan and sphere of
Influence; and, therefore, outside the 'Study Area' of the Master Environmental Impact Report for of,,
Impacts relating to Water Supply, Water Duality and Hydrology. However, the subject Property was Included in
the larger boundary of she Freano/Clovis Metropolitan Water Resource Plan, established far conside bon a
cumulative impacts, which reflects the instifutional and hydrogeologic area relying on a common aquifer.
With me proJad specific mitigation Imposed, there is no substantial evidence in the record that this pmject will
have additional significant, direct indirect of cumulative effects on the environment that are significant and mat
were not Identified and analyzed in the MEIR. After conducting a review of the adequacy of the MEIR pursuant
to Public Resources Code, Section 21157SR)RIL the Planning and Development Department, as lead
Agency, tincts that no substantial changes have occurred with respect to the circumstances under which the
MIER was certified and that no new information, which was not known and could not have been known at the
time that the MEIR was carried as complete, has become available.
FISCAL IMPACT
No fiscal Impact.
Pbl map of CHCC impmy
ExIm Teutons Agreement
asylu d Ni 0edaralion
L 1Coundl foconslWaeR01 mong-CB-26 CHCC flomemeni don,
CLOVIS HILLS COMMUNITY CHURCH PROPERTY
LEGEND
i INCH WATER MAIN -FRESNO
- PARCEL LINE
- - FRESNO SPHERE OF INFLUENCE
_ CLOVIS SPHERE OF INFLUENCE
- CLOVISCITYLIMU
_. FRESNOCIFYLIMU
fRESNOCOUNT