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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 -1- • 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 -2-