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04-0120_SOUTH COAST WATER DISTRICT_Emergency Interconnection AgreementRECORDING 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 of San Juan Capistrano Title of Document: Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIiIIIIIIiIiIIIIIIIilIINO FEE 200400010670310:32am 02111104 117 92 Al2 8 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space for Recorder's Use Only Emergency Interconnection Agreement San Juan Capistrano/South Coast Water District k EMERGENCY INTERCONNECTION AGREEMENT BETWEEN CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST WATER DISTRICT T is Emergent interconnection Agreement is made and entered into this oz— day of, 004 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 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. 2) 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." 4) Construction of Facilities. SCWD agrees to construetthe 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. 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: $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. 113 Waiver. The failure of either party to insist on compliance with any of the terms, covenants, or conditions of this Agreement by the other parry 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. 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. 15 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. 161 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. I3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed. Date: / — 2Jf � 2004 ATTEST: M garet R. Monahan, C rk of the Board APPROVED AS TO FORM: John I.`3haw; City Attorney CITY OF SAN JUAN CAPISTRANO JOE 4)TO , SOUTH COAST WATER DISTRICT Date: January 6 12004 By: AtkKct 1, "r-- Mike rMike Dunbar, General Manager APPROVED AS TO FORM: Legal Counsel - SCWD By: a, CALIFORNIA ALL-PURPOSE ACKNOWLEDGMIENT No. 5907 State of 14Iff fir0 ],-V County of ,/ / �• On � m4 before me, vLU�i�✓ U OATF,/ NAME, TITLE OF OFFICER - E.G., JANE DOE, NOTARY PUBLIC personally appeared NAME(S) OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(4) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/%heFt#ey executed the same in his/herftlreTr authorized capacity(ire , and that by his/#er-F44e L LINDAA.LA7JiR signature(s) on the instrument the person(4), Commissions 3339343 or the entity upon behalf of which the `z y Notary Public - California � j Orange County person(rs) acted, executed the instrument. My Comm. Expires Jan 30, 2006 v— ws WITNESS my hand and official seal. Aw, ,Q - &" SIGNATURE OF ITOTARY 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 INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT nTLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER - SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITYIIES) NUMBER OF PAGES /f - DATE OF DOCUMENT SrGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave-, P.O. Boz 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 118 1) On January 20, 2004 before me, Margaret R. Monahan, Cites, 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) Capacity Claimed by Signers Mayor Title Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. Monahan, City Clerk OPTIONAL Description of Attached Document Emergency Interconnection Agreement Title or Type of Document