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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 -1- 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. -2- 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 -3- 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 -4- 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: -5- 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% ,#r cm MOULTON-NIGUEL WATER DISTRICT -7-