04-0205_SOUTH COUST WATER DISTRICT_Transmittal to Clerk Recorder MEMBERS OF THE CITY COUNCIL
- DIANE BATHGATE
JOHN S..GELFF
A
WYATT HART
32400 PASEO AOELANTO L JOE SOTO
SAN JUAN CAPISTRANO,CA 92675 n(ORXXRRTIO DAVID M.SWERDLIN
(949)483-1171 fSIAXIISX(X IB61
(949)493-1053 FAX 1776
CIN MANAGER
W'WLV.S[!ri)U[iY7CC!(JiSLYQtt O.OYg � DAVE ADAMS
February 5, 2004
Clerk-Recorder's Office
County of Orange
P.O. Box 238
Santa Ana, California 92701
Re: Emergency Interconnection Agreement
SENT VIA CERTIFIED MAIL
The noted document is enclosed for recording:
When placed of record, please return the recorded document to this office.
A duplicate copy of this letter is enclosed. Please stamp Document Number and date of
recording on the duplicate letter and return it to this office in the enclosed, stamped,
self-addressed envelope at your earliest convenience.
Thank you for your assistance.
Very truly yours U.S. Postal Service1
CERTIFIED MAIL RECEIPT
(Doniestic Mad 0ii1y;No h7serat7ce coverage Provided)
M aret R. Monahan o
City Clerk
M Postage $
M
Kathleen Srringer, Management Analyst l ;T °e "'ed Fee a
Amy Amirani, Public Works Director (EndorrsementRec�;�;
Restndetl Delivery Fee !-
(Endorsement Requued)
D
p Total Postage&Fees
r3
to Sent To
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sheet"-Apt-No.: -
orPOBo No. '✓U
C2 ._.........__ . . _.......______s.[�
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City,Sta[e,ZI 4. - __ _____.___.....____......__.
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San Juan Capistrano: Preserving the Past to Enhance the Future
RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
AND WHEN RECORDED, MAIL TO:
Margaret R. Monahan, City Clerk
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103
Benefits/Requested by.-
City
y:City of San Juan Capistrano
This Space for Recorder's Use Only
Title of Document:
Emergency Interconnection Agreement
San Juan Capistrano/South Coast Water District
0 0
EMERGENCY INTERCONNECTION AGREEMENT BETWEEN CITY OF SAN JUAN
CAPISTRANO AND SOUTH COAST WATER DISTRICT
tLA
T is Emergenc interconnection Agreement is made and entered into this a��
day of 1004 by and between the City of San Juan Capistrano, a public
corporation (hereina er referred to as"CSJC"), and South Coast Water District(hereinafter
referred to as "SCWD"), a California water district.
RECITALS
A. SCWD wishes to obtain an emergency source of water supply for certain
areas within its boundaries via a connection from CSJC to SCWD,to be delivered through
water facilities constructed by SCWD.
B. The water purchased by SCWD from CSJC shall be measured and controlled
through a Water Meter Station owned and operated by SCWD.
C. CSJC wishes to obtain an Emergency source of water supply to certain areas
within its boundaries via a connection from SCWD to CSJC, to be delivered through water
facilities constructed by SCWD.
D. The Water Meter Station shall be a joint use facility whereas water may be
transported between each party during Emergency situations.
NOW THEREFORE in consideration of the mutual covenants and conditions herein
contained, the parties hereby agree as follows:
AGREEMENT
Water Supply. Subject to the terms and conditions of this Agreement, during an
emergency, and if the supplying party has the capacity in its system; CSJC and SCWD
agrees to provide water to the party in need; using a combination of CSJC water facilities
and SCWD water facilities.
Q Emergency. For the purpose of this Agreement an "Emergency"will be defined as
an unusual service disruption brought about by a line break or construction that disrupts
the normal means of providing service.
3) Location of SCWD/CSJC Connection. The SCWD/CSJC Connection between
CSJC's system and the SCWD system proposed is to convey water to SCWD by CSJC
and vice versa though a water metering station which shall be within the public right of way
of Doheny Park Road, near the intersection of Camino Capistrano. These facilities shall be
collectively known as the "SCWD/CSJC Connection."
1
0
4) Construction of Facilities. SCWD agrees to construct the SCWD/CSJC Connection
as shown in plans prepared by SCWD entitled "Doheny Park Road Water Pipeline", as
approved by the CSJC Public Works Department.
5) Ownership and Maintenance of the Facilitates. The water pipeline from the CSJC
system to the water metering station (together, the "CSJC Conveyance Facilities") will be
constructed by SCWD to the standards of CSJC and then accepted by CSJC,who shall be
responsible for all maintenance and operating requirements for such CSJC Conveyance
Facilities. The Meter Station and the water pipeline from the water metering station into the
SCWD system will be constructed, owned, and operated by SCWD.
6) Water Cost. Subject to the terms and conditions of this Agreement, CSJC will sell
water to SCWD at the prevailing MWDOC water rates. SCWD will sell water to CSJC at
the prevailing MWDOC water rates.
7) Interruptible Water Supply. The parties acknowledge and agree that CSJC's sale of
water to SCWD to service SCWD's emergency water supply needs is subject to
interruption at any time, and for any length of time, in the event CSJC determines, in its
sole discretion, that CSJC requires the water for its own needs. The parties acknowledge
and agree that SCWD's sale of water to CSJC to service CSJC's emergency water supply
needs is subject to interruption at any time, and for any length of time, in the event SCWD
determines in its sole discretion that SCWD requires the water for its own needs.
88) Waiver. Each party waives and releases all claims and recourse against the other
parry, including the right of contribution for loss or damage of persons or property, arising
out of or in any way connected with the interruption of the water supply under this
Agreement and with the matters each party is obligated to indemnify the other parry from
and/or against as set forth in Section 9 below.
9) Indemnity. Each party hereby agrees to mutually indemnify and hold the other party
harmless from any and all claims, demands, causes of action, damages, costs and
expenses, including attorneys fees, property damage, bodily injuries, personal injury,
losses or liabilities, in law or in equity, of every kind and nature to the extent that the same
are the result of an error, omission or negligent act of the indemnifying party, its officers or
employees, or any other person acting pursuant to its control in performing under this
Agreement.
10) Insurance. During the period of construction and for the purpose of construction of
the SCWD/CSJC Connection, SCWD and/or SCWD's Contractor shall maintain in full force
and effect the following insurance:
Comprehensive General Liability
Comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual
liability in the following minimum amounts:
2
$1,000,000 property damage;
$1,000,000 injury to one person/any occurrence/not limited to contractual period
$2,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
_Comprehensive Automobile Liability
Comprehensive automobile liability coverage, including owned, hired and non-owned
vehicles in the following minimum amounts:
• $1,000,000 property damage;
• $1,000,000 injury to one person/any occurrence/not limited to contractual period;
• $2,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
_Worker's Compensation:
During the construction period, if SCWD or SCWD's Contractor employs employees to
perform services under this Agreement, SCWD or SCWD's Contractor shall obtain and
maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount
as required by state law.
These policies shall not terminate, nor shall they be canceled nor the coverage reduced
until after 30 days written notice is given to CSJC. SCWD shall provide an endorsement
to CSJC establishing that CSJC has been legally added as an additional insured to the
insurance policies required under this Agreement.
11 Attorney's Fees. If either party hereto commences any action to enforce any
provision of this Agreement, the prevailing party shall be entitled to receive from the other
party, in addition to damages, equitable or other relief, all costs and expenses incurred,
including reasonable attorney's fees.
12) Successors. This Agreement will be binding upon and inure to the benefit of the
parties' successors hereto.
13) Waiver. The failure of either party to insist on compliance with any of the terms,
covenants, or conditions of this Agreement by the other party shall not be deemed a waiver
of such terms, covenants, or conditions of this Agreement by the other party, nor shall any
waiver or relinquishment of any right or power conferred by this Agreement at any other
time, or times, by a party be deemed a waiver or relinquishment of that right or power for all
or any other times.
3
14) Severability. If any part of this Agreement is held to be illegal or unenforceable or
void for any reason by a court of competent jurisdiction, the validity of enforceability of this
Agreement as a whole shall not be affected and the remainder and all other provisions of
this Agreement shall be given affect to the maximum extent permissible by law.
151 Entire Agreement. This Agreement supersedes any and all agreements between
the parties with respect to the subject matter herein, and contains the entire agreement
between the parties with respect to those matters.
16) Amendment. No addition to or modification of any provision contained in this
Agreement shall be effective unless fully set forth in a writing signed by both parties.
17) Notice. Any notice required or permitted to be given hereunder shall be deemed to
have been validly or given or made only if in writing and when received by the party to
whom it is directed by personal service, hand delivery, or United States Mail as follows:
If to SCWD: Mr. Mike Dunbar, General Manager
South Coast Water District
P.O. Box 30205
Laguna Niguel, CA 92607-0205
If to CSJC: Ms. Amy Amirani, Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Either party may change its address above at any time by written notice to the other.
15. Recitals/Exhibits: Counterparts. The parties acknowledge and agree the
Recitals are true and correct and are incorporated in this Agreement. The Exhibits
referenced in this Agreement and attached to this Agreement are incorporated herein.
This Agreement may be executed in counterparts, each of which shall be deemed an
original.
4
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed.
CITY OF SAN JUAN CAPISTRANO
Dater 2004 By..
T:
JOEFO, MAY0R
ATTEST k V/,,
L '
M garet R. Monahan,
C rk of the Board
APPROVED AS TO FORM:
Jo*. aw4,rityAttorney
SOUTH
COAST
QWATER
DISTRICT
Date: January 6 2004 By:
Mike Dunbar, General Manager
By:
APPROVED AS TO FORM:
Legal Counsel - SCWD
5
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of 1 11�r'VI], 7y
County of (�GY1lP�, /
On _ o, �� ,'Y/ before me,
DAT NAME,TITLE OF OFFICER-EG., JANE DOE,NOTARY PUBLIC'
personally appeared M('47")/ �
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/afe
subscribed to the within instrument and ac-
knowledged to me that he/sha4hey executed
the same in his/herfthis r authorized
capacity(imeej, and that by his/ a r_
LINDAA.LAZAR signature(.&) on the instrument the person(49),
_lCommission#1339343 or the entity upon behalf of which the
$0MyCorrm.EV1resJan30
Notary Public-California
OrangeCounty person(Ts) acted, executed the instrument.
0 ,2006
WITNESS my hand and official seal.
&W,a- &,,, —
SIGNATURE OF KOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
,{{ CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
'KINDIVIDUAL
❑ CORPORATE OFFICER Rupit,,,I WA Aid X61 - zD �� !
TITLE OR TYPE OF DOCUMENT J
TITLE(S)
❑ PARTNER(S) ❑ LIMITED `1
1:1 GENERAL
❑ ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
GUARDI❑ OTHER:AN/CONSERVATOR
El OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING: ({�`,�
NAME OF PERSON(S)OR ENTITY(IES) \,br t C-7j L
S GNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On January 20, 2004 before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto
personally known to me to be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized capacity, and that by his signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
(SEAL)
flk WITNESS my hand and official seal.
i r
a� �
OIIIMItlII
� I1IMIINI
left
tni g et . Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Mayor Emergency Interconnection Agreement
Title or Type of Document
Title
Signers are Representing
City of San Juan Capistrano
. • Page 1 of 1
Meg Monahan
From: Meg Monahan
Sent: Monday, January 26, 2004 4:46 PM
To: Kathleen Springer
Cc: Eric Bauman; Maria Guevara
Subject: SCWD agreement approved 1-20-2004
Kathleen,
I erroneously sent the executed original to SCWD. Would you please have them have Mike
Dunbar's signature acknowledged on that original and forward the original back to us so we
can have it recorded. I will then send out certified copies of the agreement.
When I spoke to Eric about this, he asked that I have you work with SCWD to get this done.
Thanks very much,
Meg
x 6308
1/26/2004
• Joao �, •
t i MEMBERS OF THE CITY COUNCIL
DIANE L BATHGATE
JOHN S.GELFF
WYATT HART
32400 PASEO ADELANTO JOE SOTO
SAN JUAN CAPISTRANO,CA 92675 m[Onv0A0TIO DAVID M.SWERDLIN
(948)483-1171 [nneuse[o 1961
(949)493-1053 FAX 1776
www.sanjuancapistrano.org
January 21, 2004
NOTIFICATION OF ACTION BY THE
CITY COUNCIL OF SAN JUAN CAPISTRANO
On January 20, 2004 the City Council of San Juan Capistrano met regarding:
"Consideration of an Emergency Interconnection Agreement with South Coast
Water District" Item No. D3
The following action was taken at the meeting: Resolution No. 04-01-20-01 adopted
approving the emergency interconnection agreement with South Coast Water
District; the Mayor authroized to execute the agreement; and the City Clerk
directed to process the recording of the documents.
Resolution No. 04-01-20-01 is enclosed for your records
If you have any questions regarding this action, please contact Eric P. Bauman, Water
Engineering Manager at 487-4312 for more detailed information.
Thank you,
Me na an, CMC
Ci Clerk
cc: South Coast Water District, Amy Amirani, Public Works Director; Eric P. Bauman,
Water Engineering Manager
San Juan Capistrano: Preserving the Past to Enhance the Future
EMERGENCY INTERCONNECTION AGREEMENT BETWEEN CITY OF SAN JUAN
CAPISTRANO AND SOUTH COAST WATER DISTRICT
T is Emergency interconnection Agreement is made and entered into this cX —
day of 2004 by and between the City of San Juan Capistrano, a public
corporation (hereinafter referred to as"CSJC"), and South Coast Water District(hereinafter
referred to as "SCWD"), a California water district.
RECITALS
A. SCWD wishes to obtain an emergency source of water supply for certain
areas within its boundaries via a connection from CSJC to SCWD, to be delivered through
water facilities constructed by SCWD.
B. The water purchased by SCWD from CSJC shall be measured and controlled
through a Water Meter Station owned and operated by SCWD.
C. CSJC wishes to obtain an Emergency source of water supply to certain areas
within its boundaries via a connection from SCWD to CSJC,to be delivered through water
facilities constructed by SCWD.
D. The Water Meter Station shall be a joint use facility whereas water may be
transported between each party during Emergency situations.
NOW THEREFORE in consideration of the mutual covenants and conditions herein
contained, the parties hereby agree as follows:
AGREEMENT
1 Water Supply. Subject to the terms and conditions of this Agreement, during an
emergency, and if the supplying party has the capacity in its system; CSJC and SCWD
agrees to provide water to the party in need; using a combination of CSJC water facilities
and SCWD water facilities.
Q Emergency. For the purpose of this Agreement an "Emergency" will be defined as
an unusual service disruption brought about by a line break or construction that disrupts
the normal means of providing service.
3) Location of SCWD/CSJC Connection. The SCWD/CSJC Connection between
CSJC's system and the SCWD system proposed is to convey water to SCWD by CSJC
and vice versa though a water metering station which shall be within the public right of way
of Doheny Park Road, nearthe intersection of Camino Capistrano. These facilities shall be
collectively known as the "SCWD/CSJC Connection."
1
4) Construction of Facilities. SCWD agrees to construct the SCWD/CSJC Connection
as shown in plans prepared by SCWD entitled "Doheny Park Road Water Pipeline", as
approved by the CSJC Public Works Department.
5) Ownership and Maintenance of the Facilitates. The water pipeline from the CSJC
system to the water metering station (together, the "CSJC Conveyance Facilities") will be
constructed by SCWD to the standards of CSJC and then accepted by CSJC, who shall be
responsible for all maintenance and operating requirements for such CSJC Conveyance
Facilities. The Meter Station and the water pipeline from the water metering station into the
SCWD system will be constructed, owned, and operated by SCWD.
6) Water Cost. Subject to the terms and conditions of this Agreement, CSJC will sell
water to SCWD at the prevailing MWDOC water rates. SCWD will sell water to CSJC at
the prevailing MWDOC water rates.
7) Interruptible Water Supply. The parties acknowledge and agree that CSJC's sale of
water to SCWD to service SCWD's emergency water supply needs is subject to
interruption at any time, and for any length of time, in the event CSJC determines, in its
sole discretion, that CSJC requires the water for its own needs. The parties acknowledge
and agree that SCWD's sale of water to CSJC to service CSJC's emergency water supply
needs is subject to interruption at any time, and for any length of time, in the event SCWD
determines in its sole discretion that SCWD requires the water for its own needs.
8) Waiver. Each party waives and releases all claims and recourse against the other
party, including the right of contribution for loss or damage of persons or property, arising
out of or in any way connected with the interruption of the water supply under this
Agreement and with the matters each party is obligated to indemnify the other party from
and/or against as set forth in Section 9 below.
9) Indemnity. Each party hereby agrees to mutually indemnify and hold the other party
harmless from any and all claims, demands, causes of action, damages, costs and
expenses, including attorneys fees, property damage, bodily injuries, personal injury,
losses or liabilities, in law or in equity, of every kind and nature to the extent that the same
are the result of an error, omission or negligent act of the indemnifying party, its officers or
employees, or any other person acting pursuant to its control in performing under this
Agreement.
101 Insurance. During the period of construction and for the purpose of construction of
the SCWD/CSJC Connection, SCWD and/or SCWD's Contractor shall maintain in full force
and effect the following insurance:
Comprehensive General Liability
Comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual
liability in the following minimum amounts:
2
• $1,000,000 property damage;
• $1,000,000 injury to one person/any occurrence/not limited to contractual period
• $2,000,000 injury to more than one person/any one occurrence/not
limited to contractual period.
Comprehensive Automobile Liability
Comprehensive automobile liability coverage, including owned, hired and non-owned
vehicles in the following minimum amounts:
• $1,000,000 property damage;
• $1,000,000 injury to one personlany occurrence/not limited to contractual period;
• $2,000,000 injury to more than one person/any one occurrence/not limited to
contractual period.
Worker's Compensation:
During the construction period, if SCWD or SCWD's Contractor employs employees to
perform services under this Agreement, SCWD or SCWD's Contractor shall obtain and
maintain, Worker's Compensation Employer's Liability Insurance in the statutory amount
as required by state law.
These policies shall not terminate, nor shall they be canceled nor the coverage reduced
until after 30 days written notice is given to CSJC. SCWD shall provide an endorsement
to CSJC establishing that CSJC has been legally added as an additional insured to the
insurance policies required under this Agreement.
111 Attorney's Fees. If either party hereto commences any action to enforce any
provision of this Agreement, the prevailing party shall be entitled to receive from the other
party, in addition to damages, equitable or other relief, all costs and expenses incurred,
including reasonable attorney's fees.
912 Successors. This Agreement will be binding upon and inure to the benefit of the
parties' successors hereto.
13) Waiver. The failure of either party to insist on compliance with any of the terms,
covenants, or conditions of this Agreement by the other party shall not be deemed a waiver
of such terms, covenants, or conditions of this Agreement by the other party, nor shall any
waiver or relinquishment of any right or power conferred by this Agreement at any other
time, or times, by a party be deemed a waiver or relinquishment of that right or power for all
or any other times.
3
14) Severability. If any part of this Agreement is held to be illegal or unenforceable or
void for any reason by a court of competent jurisdiction, the validity of enforceability of this
Agreement as a whole shall not be affected and the remainder and all other provisions of
this Agreement shall be given affect to the maximum extent permissible by law.
151 Entire Agreement. This Agreement supersedes any and all agreements between
the parties with respect to the subject matter herein, and contains the entire agreement
between the parties with respect to those matters.
16) Amendment. No addition to or modification of any provision contained in this
Agreement shall be effective unless fully set forth in a writing signed by both parties.
17) Notice. Any notice required or permitted to be given hereunder shall be deemed to
have been validly or given or made only if in writing and when received by the party to
whom it is directed by personal service, hand delivery, or United States Mail as follows:
If to SCWD: Mr. Mike Dunbar, General Manager
South Coast Water District
P.O. Box 30205
Laguna Niguel, CA 92607-0205
If to CSJC: Ms. Amy Amirani, Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Either party may change its address above at any time by written notice to the other.
15. Recitals/Exhibits: Counterparts. The parties acknowledge and agree the
Recitals are true and correct and are incorporated in this Agreement. The Exhibits
referenced in this Agreement and attached to this Agreement are incorporated herein.
This Agreement may be executed in counterparts, each of which shall be deemed an
original.
4