1973-0628_MOULTON NIGUEL WATER DISTRICT_Agreementlab:cL -4/4//3
INTERIM AGREEMENT FOR TREATMENT AND
DISPOSAL OF WASTE WATER AND SEWAGE
BETWEEN DANA POINT SANITARY DISTRICT,
CITY OF SAN JUAN CAPISTRANO, MOULTON-
NIGUEL WATER DISTRICT, AND SANTA
MARGARITA WATER DISTRICT
THIS AGREEMENT, entered into as of this 2 g day of
1973, by and between DANA POINT SANITARY DIS -
ICT, a public corporation, hereinafter referred to as "Dana
Point"; the CITY OF SAN JUAN CAPISTRANO, a municipal corporation,
hereinafter referred to as "San Juan"; and to the extent provided
for herein, MOULTON-NIGUEL WATER DISTRICT, -a public corporation,
hereinafter referred to as "Moulton -Niguel"; and SANTA MARGARITA
WATER DISTRICT, a public corporation, hereinafter referred to as
"Santa Margarita";
UT T T N F C C V T v
WHEREAS, San Juan previously has entered into agreements
with Moulton -Niguel and Santa Margarita providing that the City of
San Juan Capistrano would expand at the cost of such entities, its
waste water treatment facilities, which agreements did provide
that San Juan would receive, treat and dispose of sewage and waste
water from Moulton -Niguel and Santa Margarita to the extent and as
provided for in such agreements, and
WHEREAS, the hereinabove described facilities of San Juan
are believed to have, for a limited interim period, sufficient
capacity to be used to treat waste water and sewage now originating
from within Dana Point pending completion of additional treatment
facilities proposed to be constructed at this time by the South
East Regional Reclamation Authority for the benefit of all of the
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above named parties, which it is anticipated will have capacity
in the estimated amount of ONE MGD for the benefit of Dana Point;
and
WHEREAS, San Juan, Moulton -Niguel, Santa Margarita, and
Dana Point find and determine that it is in the best interests of
each entity that Dana Point be permitted on the terms and conditions
herein specified to discharge the quantity of waste water and
sewage specified in this agreement to the San Juan Treatment Plant
for treatment and disposal;
NOW, THEREFORE, in consideration of the mutual covenants
and conditions herein contained, San Juan, -Moulton -Niguel, Santa
Margarita, and Dana Point agree as follows:
1. Use of San Juan's Sewerage Treatment Plant. During
the term of this Agreement, subject to the terms and conditions
hercinaftcr set forth, the San Juan Treatment Plant shall receive
from Dana Point, Dana Point's sewage for treatment and discharge;
said sewage shall be delivered by Dana Point to San Juan Treatment
Plant via the existing interceptor.
2. Extent of Use. Dana Point's right to discharge
its sewage in the San Juan Treatment Plant shall not exceed an
average daily capacity of 0.25 MGD. The amount of sewage being
discharged into the San Juan Treatment Plant shall be measured by
a metering device presently existing on the Dana Point, San Juan
interceptor line. There shall be installed an interim physical
restriction permitting an average .25 MGD flow and a .5 MGD peak
flow into the San Juan Treatment Plant.
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3. Term of the Agreement.
This Agreement shall be-
come effective, herein referred to as the effective date, as of
the date it is approved by the Districts Securities Advisory
Commission andthe Office of the State Treasurer, the California
Regional Water Quality Control Board - San Diego Region, and is
executed by the parties to this Agreement. This Agreement shall
continue in full force and effect until Dana Point has obtained
capacity rights in the amount of ONE MGD in the proposed additional
3 MGD expansion of the San Juan Treatment Plant. Dana Point, how-
ever reserve the right to terminate this Agreement upon giving all
parties hereto written notice thirty (30) -consecutive calendar
days prior to any such termination date.
4. Rental. Commencing on the effective date of this
Agreement, Dana Point agrees to pay to San Juan for treatment
and discharge of its sewage and waste water, rental in the amount
of TWO THOUSAND ($2,000.00) DOLLARS per month; said rental charge
shall be paid in quarterly installments. It is agreed by San
Juan, Moulton -Niguel, and Santa Margarita that the TWO THOUSAND
($2,000.00) DOLLAR rental provided for herein shall be credited
by San Juan against the costs of operating its waste water treat-
ment plant before allocating a portion of such costs to Moulton -
Niguel and Santa Margarita.
5. Conditions. This Agreement shall be subject to the
following conditions:
(a) Moulton -Niguel and Santa Margarita agree to
request and obtain approval of this Agreement by the
California Districts Securities Advisory Commission
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and the office of the State Treasurer, as well as
the California Regional Water Quality Control Board -
San Diego Region. This Agreement shall not be effec-
tive unless both conditions have occurred;
(b) All new sewer connections to the facili-
ties of Dana Point, subsequent to the effective date
of this Agreement, shall be first approved by the
California Regional Water Quality Control Board -
San Diego Region;
(c) Dana Point, prior to the effective date of
this Agreement, shall adopt appropriate amendments to
its Rules and Regulations for Sewer Service implementing
the condition specified in sub -paragraph (b). Should
SiiGh prnvici one to the 77i!laa an.7 D-,,It F.. c.....,., -
Service of Dana Point be rescinded by Dana Point during
the term hereof, this Agreement without further act of
any party to this Agreement shall terminate;
(d) As soon as it is reasonably practical, after
the signing of this Agreement, Dana Point, San Juan,
Santa Margarita, and Moulton -Niguel shall jointly com-
mence all necessary action as members of Project Committee
No. 2 of South East Regional Reclamation Authority, to
construct and complete the 3 MGD Expansion to the pres-
ently existing facilities;
(e) Dana Point as a condition to this Agreement
shall obtain, prior to the effective date of this Agree-
ment the approval of the California Regional Water Qual-
ity Control Board - San Diego Region, to continue the
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operation of the existing .35 MGD treatment plant
of Dana Point until the proposed expansion of the
San Juan Treatment Plant to a total 9 MGD has been
completed and placed in operation;
(f) Concurrent with the signing of this Agree-
ment, the South East Regional Reclamation Authority
Project Committee Nos. 2 and 3 Agreements for the San
Juan Treatment Plant Expansion and the Ocean Outfall
rental, as well as its use and operation, shall be
signed by all parties thereto, and any necessary ap-
provals obtained.
(g) San Juan, Moulton -Niguel, and Santa Mar-
garita agree that the .25 capacity in the presently
existing facilities of San Juan to be used on an inter-
im basis for the benefit of Dana Point shall be pro-
vided from existing capacity pursuant to the provi-
sions of this agreement on the following percentage
basis:
Moulton -Niguel 66.678
Santa Margarita 8.338
San Juan 25.008
100.008
7. Notice. Notice, as required or permitted here-
under, shall be sufficiently given if in writing and if either
served personally upon or mailed by registered or certified mail
to:
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Dana Point Sanitary District
34152 Del Obispo
Dana Point, California 92629
City of San Juan Capistrano
32010 Del Obispo Road
San Juan Capistrano, California 92675
Santa Margarita Water District
401 Civic Center Drive West
Santa Ana, California 92702
Moulton -Niguel Water District
550 Newport Center Drive, Suite 900
Newport Beach, California 92660
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by its respective officers pursuant to
appropriate authorization of its governing board and effective
as of the date herein first above written.
POINT SAN1,TARY DISTRICT
residen
cretarV-Treasurer
CITY OF SAN 4UAN CAPIS
SANT ARRGARITA WATER DISTRI.CTDy�n%
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MOULTON-NIGUEL WATER DISTRICT
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