1971-0930_DANA POINT SANITARY DISTRICT_Agreement (2)AGREEMENT
WHEREAS, SERRA, through its Project Committee No. 2, is
contemplating the acquisition of the SAN JUAN CAPISTRANO sewage
treatment facility from the City of San Juan Capistrano, Calif.,
situated on property generally described on Exhibit "A," which
exhibit is incorporated herein by reference; and,
WHEREAS, DANA POINT SANITARY DISTRICT contemplates
acquiring capacity rights in said facility upon its acquisition
and expansion by SERRA, through its Project Committee No. 2;
and, DANA POINT SANITARY DISTRICT, upon acquiring such capacity
rights, will no longer require its present facility which will,
as a result, be demolished and an appropriate interceptor line
will be constructed to said SAN JUAN CAPISTRANO facility; and,
WHEREAS, the City of San JuanCapistrano plans to let the
contract for the expansion of the SAN JUAN sewage treatment
facility prior to SERRA's acquisition of said facility, it is in
the best interest of the DANA POINT SANITARY DISTRICT to allow
SAN JUAN CAPISTRANO to include in their contract DANA POINT
SANITARY DISTRICT's cost of demolition and clearing of the
existing DANA POINT sewage facility, the construction of an
interceptor line to the SAN JUAN CAPISTRANO facility, providing
metering structures, and inspection and engineering costs, in
attempts to obtain the maximum Federal and State grants;
NOW, THEREFORE, in consideration of the mutual promises
and covenants herein contained, the CITY OF SAN JUAN CAPISTRANO
and the DANA POINT SANITARY DISTRICT AGREE AS FOLLOWS:
1. The City of SAN JUAN CAPISTRANO will let its contract
for the expansion of the SAN JUAN sewage treatment facility, and,
among other things, will include the cost of demolition of the
existing DANA POINT SANITARY DISTRICT sewage facility, construc-
tion of an interceptor line, metering structures, and engineering
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and inspection costs for the DANA POINT SANITARY DISTRICT in
the amount of $48,200.00.
2. DANA POINT SANITARY DISTRICT shall pay to the City
of SAN JUAN CAPISTRANO the sum of Forty -Eight Thousand Two
Hundred Dollars ($48,200.00) as its share of the cost of demoli-
tion of its existing sewage facility, construction of an inter-
ceptor line, metering structures and engineering and inspection
costs, upon the signing of this Agreement by SAN JUAN CAPISTRANO.
3. SAN JUAN CAPISTRANO agrees to place said $48,200.00
in an interest-bearing savings account, and said funds shall
not be used until one of the two events occurs:
(a) An agreement has been duly executed by SERRA,
through its Project Committee No. 2, including DANA POINT
SANITARY DISTRICT for the acquisition of said SAN JUAN
sewage treatment facility; or,
(b) Work has commenced on the demolition of the
present existing sewage facility of the DANA POINT SANITARY
DISTRICT, and construction of the interceptor line between
the DANA POINT SANITARY DISTRICT and the SAN JUAN sewage
treatment facility.
4. All interest earned on said savings account referred
to in paragraph 3 hereinabove shall be paid to the DANA POINT
SANITARY DISTRICT.
IN WITNESS WHEREOF the partiesheretohave executed
this Agreement this ,3,C d y of 1971.
CITY OF SAN JUAN CAPISTRANO �—
By ;;Z('t 42 6u
Mayor
City -Clerk
DANA POINT SANITARY DISTRICT
ey
President
By
Secretary
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