04-0504_SOUTH COAST WATER DISTRICT_AgreementAGREEMENT
(OCEAN OUTFALL LINE)
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This Agreement is made this day of N&l� 2004, by and
between the City of San Juan Capistrano (hereinafter "City"), and the South
Coast Water District (hereinafter "SCWD").
RECITALS:
Whereas, City and SCWD are the co-owners of a waste water outfall line
which is located in Dana Point, California, known as the Dana-Point—San Juan
Capistrano Ocean Outfall (hereinafter "Outfall"), and
Whereas, the Outfall is owned by City and SCWD in the following
percentages: City ---45.25%; SCWD---54.75%, and
Whereas, City, SCWD, and the Orange County Waterworks District No. 4
("District No. 4") entered into an agreement, dated August 13, 1981, providing for
District 4's acquisition of lease and option to purchase rights to the Outfall, and
Whereas, Waterworks District No. 4 reorganized as the Capistrano Valley
Water District ("CVWD") on or about 1965, and
Whereas, the Outfall has not been utilized for any purpose by any
governmental entity for many years, and
Whereas, City merged with the CVWD in 2003 such that CVWD no longer
exists, and
Whereas, City has assumed the assets and liabilities of the CVWD, and
Whereas, City and SCWD find and determine that it is appropriate to
terminate the lease and option to purchase provisions set forth in the August 13,
1981 agreement,
NOW, THEREFORE, City and SCWD hereby mutually resolve as follows:
Section 1. Reveal of Agreement.
The August 13, 1981 "Agreement for Sale and Lease of Ocean Outfall
Line" is hereby repealed in its entirety. All obligations of the former District No. 4,
as assumed by City through governmental merger, have been duly satisfied and
discharged.
Section 2. Status of Outfall Line.
City and SCWD acknowledge that the Dana Point—San Juan Capistrano
Ocean Outfall has been and continues to be in a state of disuse. To the extent
that future maintenance obligations may arise with respect to the Outfall, City and
SCWD shall be responsible for such obligations on a pro -rata basis equal to each
respective ownership interest; that is, City 45.25% and SCWD 54.75%.
Section 3. Indemnity.
(a) City shall indemnify, save, and defend SCWD its elected and
appointed officials, and employees harmless from and against any and
all claims, suits, actions or proceedings of any kind or nature, for
damages to property or injuries to or death of any persons arising out
City's ownership interests in the subject Outfall facility described
herein.
(b) SCWD shall indemnify, save, and defend City, its elected and
appointed officials, and employees harmless from and against any and
all claims, suits, actions or proceedings of an kind or nature, for
damages to property or injuries to or death of any persons arising out
of SCWD's ownership interests in the subject Outfall facility described
herein.
Section 4. Notices.
Any notice given under this Agreement may be provided by first
class mail, postage prepaid, as follows:
To City:
Public Works Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, Ca. 92675
To SCWD:
Michael Dunbar, District Manager
South Coast Water District
31592 West Street
Laguna Beach, CA 92651
Section 6. Entire Agreement.
This Agreement contains the entire Agreement of the parties hereto
with respect to the matters covered hereby, and no other previous
agreement, statement or promise made by any party hereto which is not
contained herein shall be binding or valid.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
w, d e , (�--
a Garet R. Monahan. city rlark
Agroved as to form:
John 9haw, City Attorney
Hpproveo as to rorm:
ply
District District Counsel
South Coast Water District