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1970-0101_MOUTLON-NIGUEL WATER DISTRICT_Interim Sewerage Facilities AgrINTERIM SEWERAGE FACILITIES AGREEMENT of 1970 BETWEEN CITY OF SAN JUAN CAPISTRANO MOULTON-NIGUEL WATER DISTRICT SANTA MARGARITA WATER DISTRICT THIS AGREEMENT, made and entered into as of this day of 5AN , 1921 , by and between the CITY OF JUAN CAPI EtANO, a municipal corporation (hereinafter referred to as "San Juan"), MOULTON-NIGUEL WATER DISTRICT, (herein- after referred to as "Moulton -Niguel"), and SANTA MARGARITA WATER DISTRICT, (hereinafter referred to as "Santa Margarita"); both Moulton -Niguel and Santa Margarita are public corporations organ- ized and existing under the California Water District Law, Divi- sion 13 of the Water Code of the State of California, commencing at Section 34000 thereof; W I T N E S S E T H: WHEREAS, San Juan has, at the present time, surplus capacity in certain of its sewerage facilities, including interceptor sewers, its sewage treatment plant, and capacity under its lease for use of an existing ocean outfall, which it finds and determines to be in the best interest of its inhabitants to put to beneficial use; and WHEREAS, San Juan and Santa Margarita have previously con- tracted for use of a part of the capacity in a portion of San Juan's facilities for the treatment and disposal of sewage from Santa Margarita, which Santa Margarita.has determined it does not have immediate need and use therefor, and WHEREAS, Moulton -Niguel has immediate need for the use of additional sewerage facilities for the treatment and disposal of sewage from Moulton -Niguel and Moulton -Niguel has determined that its interim need may be satisfied by utilizing the presently existing surplus capacity in the sewerage facilities of San Juan previously contracted for by Santa Margarita, and WHEREAS, San Juan, Moulton -Niguel and Santa Margarita find and determine that it is in the best interests of each entity that there be an interim joint use of the sewerage facilities of San Juan by Moulton -Niguel pursuant to the terms and conditions hereinafter set forth; NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, San Juan, Moulton -Niguel and Santa Margarita hereby agree as follows: SECTION 1. DEFINITIONS. 1. "Agreement" means this Agreement entitled: Interim Sewerage Facilities Agreement of 1970 between City of San Juan Capis- trano, Moulton -Niguel Water District and Santa Margarita Water District. 2. "1964 Dana Point - San Juan Agreement" means the Joint Powers Agreement dated May 25, 1964, by and between Dana Point Sanitary District (hereinafter referred to as "Dana Point"), and San Juan. 3. "Sewerage Facilities Agreement of 1969" means the Joint Powers Agreement dated May 26, 1969, by and between San Juan and Santa Margarita. -2- 4. "Sewage", unless otherwise provided, shall mean all sewage or waste originating in Moulton -Niguel. 5. "San Juan Sewer Facilities" means all trunk, inter- ceptor and outfall sewer mains, treatment facilities, and appur- tenances and appurtenant works owned by San Juan that may be necessary or useful in carrying out the purpose of this Agree- ment. 6. "Point of Delivery" means the connection of the Moulton -Niguel interceptor sewer with the San Juan sewer facility as shown on Exhibit "A". SECTION 2. USE OF SAN JUAN'S SEWERAGE FACILITIES. During the term of this Agreement, subject to the provisions hereinafter set forth, San Juan hereby agrees to receive, treat and dispose of sewage from Moulton -Niguel as herein provided for and upon the terms and conditions set forth. Said sewage shall be delivered by Moulton -Niguel to San Juan at the point of delivery designated on Exhibit "A" hereto. SECTION 3. EXTENT OF USE. Moulton-Niguel's right to discharge its sewage into the San Juan sewer facilities, and San Juan's obligation to receive, treat and dispose of the same shall not exceed a peak flow of 1.0 m.g.d. and the average daily flow on an annual basis shall not exceed 0.5 m.g.d. The amount of sewage being discharged -3- into the San Juan sewer facilities shall be measured by a metering device approved by the engineers for San Juan, Moulton -Niguel and Santa Margarita. Said meter shall be in- stalled at the point of delivery and shall be paid for and owned by Moulton -Niguel, except as otherwise hereinafter pro- vided. Moulton -Niguel shall repair and replace, if necessary, said meter so long as it shall be the property of Moulton - Niguel. SECTION 4. TERM OF THE AGREEMENT. This Agreement shall become effective as of the first day that Moulton -Niguel discharges sewage into the San Juan sewer facilities, or July 1, 1970, whichever is earlier. This date, in some instances hereinafter may be referred to as the "effective date". This agreement shall continue in full force and effect through and including June 30, 1972. However, the provisions hereof may be extended by the mutual agreement of all parties hereto. SECTION 5. RENTAL. Commencing on the effective date of this Agreement, Moulton -Niguel agrees to pay to San Juan for all rights here- under an annual rental charge to be determined as.follows: (a) For use, maintenance and operation of the San Juan sewer facilities, use of the San Juan treatment plant and the outfall, the sum of $1.7,500 per year. (b) For Moulton-Niguel's share of the mainten- ance and operation costs of the San Juan treatment plant, the sum of $12,500 per year. Said annual rental charge provided for in subparagraphs (a) and (b) above shall be payable in quarterly installments, the first quarterly payment to be made on the effective date of the Agree- ment and upon the first day of each quarterly period thereafter. The portion of the annual payment provided for in paragraph (b) of this section shall be subject to adjustment commencing with the first quarterly payment succeeding July 1, 1970, and annually thereafter on any quarterly payment date succeeding July 1 of each year, by an increase or decrease of any quarterly payment during the preceding twelve (12) month period by that percentage of the increase or decrease for the preceding twelve (12) month period in the Los Angeles Index, New Series, All Items, United States Department of Labor, Bureau of Labor Statistics. Said Index is published quarterly with both the quarterly and annual changes. For the purpose of this Agreement, the annual change shown in the July quarterly publication shall. be used and the revised total annual rental payment, if any, shall commence with the next succeeding quarterly payment. SECTION 6. PIPELINE CONSTRUCTION BY SAN JUAN. San Juan agrees to construct a 12 -inch sewer from its exist- ing sewer at Oso Road to the point of delivery as shown on Exhibit "A" hereof. Said 12 -inch sewer shall be constructed and available to receive sewage of Moulton -Niguel on or before July 1, 1970. -5- SECTION 7. PIPELINE CONSTRUCTION BY MOULTON-NIGUEL. Moulton -Niguel agrees to construct a 12 -inch pipeline from Rancho Viejo Road to the northerly limit of San Juan which is depicted on Exhibit "A" hereto estimated to be approximately 3,900 feet, together with a connection to the 12 -inch line of San Juan proposed to be constructed to said location. Plans and specifications therefor shall be approved by Santa Margarita prior to the award of the contract by Moulton -Niguel for the construction of said facility. SECTION 8. PURCHASE OF FACILITIES BY SANTA MARGARITA. Santa Margarita agrees to purchase from Moulton -Niguel on July 1, 1972, the 12 -inch pipeline described in Section 7 of this Agreement, together with the connecting and metering facilities constructed for connection of said pipeline to the facilities of San Juan. The purchase price shall be paid to Moulton -Niguel on July 1, 1972, and shall be determined on the basis of the total construction cost thereof by Moulton -Niguel, including design, inspection, survey and any incidental expenses, including, but not limited to the cost, if any, of right of way acquisition. A bill of sale, together with a conveyance of right of way acquired therefor shall be delivered to Santa Margarita on or after July 1, 1972. A written statement setting forth the total construction costs as hereinabove defined shall be delivered to Santa Margarita within sixty (60) days after completion and acceptance of the hereindescribed facilities by Moulton -Niguel. SECTION 9. OUTFALL. San Juan covenants that it has the facilities and rights to receive, treat, and dispose of sewage received from Moulton - Niguel, including the right to discharge effluent therefrom into an existing ocean outfall during the term of this Agreement, subject only to the provisions of the 1964 Dana Point - San Juan Agreement that Dana Point has a priority right to discharge its sewage into said outfall to the extent that the capacity of the outfall is not sufficient to take all sewage from Dana Point and San Juan. Moulton -Niguel shall have no obligation to Dana Point by reason of the use of said outfall. San Juan agrees to pay Dana Point any costs and expenses for the use of said outfall and no part thereof shall be borne by Moulton -Niguel. It is further agreed that the terms of the 1964 Dana Point - San Juan Agreement may require San Juan to reduce the quantity of sewage that it shall receive, treat and dispose of during the term of this Agreement. Any such reduction shall be preceded by written notice given to Moulton -Niguel ten (10) months prior to the effective date thereof. In such event the payment re- quired under Section 5 hereof shall be reduced to that percentage of $30,000 per annum that the newly established peak flow bears to the 1.0 m.g.d. It is further agreed by the parties hereto that any such reduction shall be first deducted from the quantity of sewage which Santa Margarita may deliver hereunder to Moulton - Niguel for transmittal to San Juan for ultimate treatment and disposal thereof. In such event the required payment to Moulton- Niguel- by Santa Margarita shall be reduced proportionately. -7- SECTION 10. INTERIM USE OF FACILITIES BY SANTA MARGARITA. Commencing August 1, 1971, Santa Margarita shall have the right to deliver to Moulton -Niguel at the point designated on Exhibit "A" hereto, the following quantities of sewage from Improvement District No. 1S of Santa Margarita which sewage shall be delivered by Moulton --Niguel to San Juan at the point of delivery fro sewerage from Moulton -Niguel designated on Exhibit "A". San Juan shall treat and dispose of said sewage from Improvement Dis- trict No. 1S of Santa Margarita within the quantity of sewage to be received from Moulton -Niguel and for the consideration to be paid to San Juan by Moulton -Niguel. Santa Margarita shall pay to Moulton -Niguel on the dates specified, the payments herein- below set forth subject to adjustment in a like manner as provided in Section 5 0£ this Agreement for payments by Moulton -Niguel to San Juan. August, 1971 September, 1971 October, 1971 November, 1971 December, 1971 January, 1972 February, 1972 March, 1972 April, 1972 May, 1972 June, 1972 GALLONS PER DAY 20,000 40,000 80,000 100,000 125,000 150,000 175,000 200,000 225,000 250,000 275,000 PAYMENTS BY SANTA MARGARITA $ 100.00 $ 200.00 $ 400.00 $ 500.00 $ 625.00 $ 750.00 $ 875.00 $ 1,000.00 $ 1,125.00 $ 1,250.00 $ 1,375.00 SECTION 11. DISTRICTS SECURITIES COMMISSION APPROVAL. Notwithstanding any other provision in this Agreement, this Agreement shall not be effective until it has been approved on behalf of Moulton -Niguel by the California Districts Securities Commission, or its successor, or upon receipt of a letter from said Commission that such approval is not required. SECTION 12. NOTICE. Notice as required or permitted hereunder shall be suffi- ciently given if in writing and if either served personally upon or mailed by registered or certified mail to: CITY OF SAN JUAN CAPISTRANO 31762 Camino Capistrano San Juan Capistrano, California 92675 MOULTON-NIGUEL WATER DISTRICT 3 Monarch Bay Plaza, Suite 102 Laguna Niguel, California 92677 SANTA MARGARITA WATER DISTRICT 401 Civic Center Drive West Santa Ana, California 92702 or at such other place as may be designated in writing from time to time. SECTION 13. AFFECT UPON SEWERAGE FACILITIES AGREEMENT ——n f 1969. During 969 During the term hereof, Santa Margarita's obligations to San Juan under the Sewerage Facilities Agreement of 1969 shall be satisfied by Moulton-Niguel's performance of its obligations -9- hereunder. Also during the term hereof Santa Margarita shall not have any capacity in the facilities of San Juan unless otherwise agreed, except to the extent and as provided under Section 10 hereof. In all other regards, the Sewerage Facili- ties Agreement of 1969 shall not be affected, changed, or modi- fied in any manner whatsoever, nor shall Moulton -Niguel have any obligations to San Juan or Santa Margarita except as herein specifically provided. SECTION 14. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word in this Agreement or the application thereof due to any agency or to any other person or circumstance for any reason is held invalid, it shall be deemed severable and the validity of the remainder of this Agreement or the application of such provision to the other agencies or to any other person or circum- stances to be held invalid. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. MOULTON-NIGUEL WATER DISTRICT P silent By Secretary T_ "Moulton -Niguel" CITY OF SAN JUAN CAPISTRANO to to SANTA MARGARITA WATER DISTRICT P By e "S, �G- 13 "ban Juan BM 78 4f �agfI ge Se�a e riI', p.," 12 3, 1 L, 10"