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07-0113_MOULTON NIGUEL WATER DISTRICT_License Agreementa • 4 �ECORDING REQUESTED BY: City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 AND WHEN RECORDED, MAIL TO: Margaret R. Monahan, City Clerk City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Exempt from Recording Fees: Gov Code 27383 & 6103 City of San Juan Capistrano Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINO FEE 2007000065020 02:31pm 01131107 112 182 Al2 7 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 This Space for Recorder's Use Only Title of Document: LICENSE FOR SEWER CONNECTION BETWEEN LICENSOR MOULTON NIGUEL WATER DISTRICT AND LICENSEE THE CITY OF SAN JUAN CAPISTRANO 1 0 0 LICENSE FOR SEWER CONNECTION BETWEEN LICENSOR MOULTON NIGUEL WATER DISTRICT AND LICENSEE THE CITY OF SAN JUAN CAPISTRANO TTM 16572 (Hidden Creek Estates) THE LICENSE is made and entered into this second day of January, 2007, by and between MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as "MNWD", formed and existing pursuant to the California Water District Law, Division 13 of the Water Code of the State of California, and the CITY OF SAN JUAN CAPISTRANO, a municipal corporation of the State of California, hereinafter referred to as "SJC". RECITALS A. SJC has approved the subdivision and development of a 2.57 acre parcel which comprises eight (8) single family residential homes. All of which are hereinafter referred to as "Hidden Creek Estates". Such approval was authorized by adoption of SJC City Council Resolution No 05-08-16-03 (the "resolution"), which is incorporated in this License by this reference. B. All of the Hidden Creek Estates is located in SJC, but not within the boundaries of MNWD. C. SJC does not have a sewer system that can accommodate the wastewater output of the Hidden Creek Estates, nor could SJC accommodate any wastewater output from the Hidden Creek Estates without the construction of a pumping facility and force main sewer pipeline. D. SJC desires that MNWD provider wastewater disposal facilities for use by SJC for SJC's sewer service to the Hidden Creek Estates. E. As an accommodation to SJC, MNWD agrees to grant SJC a license to permit the Hidden Creek Estates to dispose of wastewater generated by the use of such property into the MNWD sewer system described specifically in this License. AGREEMENT IN CONSIDERATION of the promises and mutual covenants contained herein, the parties agree as follows: 1. License. MNWD agrees SJC has the right and license to permit the Hidden Creek Estates to dispose of its wastewater in the MNWS sewer system descried in this License, subject to the following terms and conditions. To the extent there are any existing connections to MNWD's sewer system currently used by the Hidden Creek Estates (or, by parcels adjacent and / or related to such property); the terms and conditions of this license are made applicable to such existing connection and parcels. 2. Location of Connection. The connections between MNWD's 36 - inch sewer main pipeline (the MNWD Sewer Pipeline) and the proposed 8 -inch sewer lateral pipeline servicing Hidden Creek Estates (the SJC Sewer Pipeline) shall be at a proposed sewer manhole located behind the Hidden Creek Estates. The general location of the point of connection is depicted in Exhibit "A". The final, specific location shall be approved by the Director of Engineering of MNWD prior to any construction. 3. Maintenance of the SJC Lateral Service Pipeline. The construction, operation and maintenance of the SJC sewer pipeline servicing the Hidden Creek Estates shall be the responsibility of SJC, and such activity shall not materially affect or interfere with MNWD's continued use of the MNWD Sewer Pipeline, or any other sewer facilities owned, operated of used by MNWD. 4. Capacity and Units Served. SJC agreed that no buildings other than the eight (8) residential homes, as approved by the Resolution, will be served through the sewer and connection and the MNWD Sewer Pipeline. SJC further agreed that no additional buildings or structures of any kind will be served by the sewer connection or the MNWD Sewer Pipeline without the prior written permission of MNWD. SJC acknowledges that at all times, SJC flows in the MNWD Sewer Pipeline will be subservient to the requirements of MNWD. 4.1. Wastewater Treatment. SJC's treatment capacity at the SERRA Treatment Plant shall be used for treating the wastewater from the Hidden Creek Estates and SJC shall include such flow in SJC's report of flows to South Orange County Wastewater Authority's Jay B. Latham (SOCWA) Treatment Plant. 5. Fees. SJC agrees that prior to, or concurrently with, the MNWD Director of Engineering's approval of the connection location referred to in Section 2 above, SJC shall collect connection fees from the Hidden Creek Estates and pay MNWD all applicable sewer connection fees in amounts set forth by the MNWD Sewer Connection Fee Schedule current at that time. 6. Compliance with Rules and Regulations. SJC agree to comply with and abide by, and to cause the developer and homeowners of Hidden Creek Estates, to comply with and abide by, all rules and regulations of MNWD and those imposed by any governmental authority or public agency relating to the SJC Sewer Pipeline or MNWD Sewer Pipeline and sewer service to the Hidden Creek Estates. SJC further agrees that it shall meet all wastewater discharge requirements and conditions of any applicable NPDES permits and all MNWD/ SOCWA pre-treatment ordinances and permits to ensure that Hidden Creek Estates property's wastewater delivered to the MNWD Sewer Pipeline is free of 2 any substance which would preclude MNWD from meeting and complying with any waste discharge requirements or any condition of any applicable NPDES permits and pre-treatment ordinances and rules. SJC agrees that for purposes of ensuring such compliance, SJC is the enforcing agency should any enforcement action be necessary as to Hidden Creek Estates property, and that any sewage spills as a result of operation of the SJC Sewer pipeline and the sewer connection shall be SJC's sole responsibility including all cleanup, reporting and other requirements that apply under state and deferral law and local rules and regulations. 7. Indemnity. SJC agrees to indemnify and hold harmless MNWD and its directors, officers, employees and agents from any and all claims, costs, liabilities, or damaged incurred by MNWD arising out of or resulting from, or in connection with, the provision of sewer service to the Hidden Creek Estates by SJC, including but not limited to penalties or fines imposed by a regulatory agency and/or court. In the event of any claim or legal action is asserted against MNWD as a result of, or any regulatory proceeding is conducted relative to, SJC's sewer service to the Hidden Creek Estates, SJC agrees that it shall defend the interest of MNWD and shall be responsible for payment of any fines or penalties, and for satisfaction or judgment, whether by decree, settlement of court order, including but not limited to any penalties or fines imposed by a regulatory agency, or through any regulatory proceeding. 8. Grant Funding. The parties acknowledge that portion of MNWD's Oso Trabuco Interceptor Sewer (the "Interceptor") was funded by grants from the Untied States Environmental Protection Agency (EPA) and the State Water Resourced Control Board (SWRCB), and that the MNWD Sewer Pipeline connects to the Interceptor. In the event the EPA of SWRCB questions, challenged, or in any other manner raises doubts as the utilization or the MNWD Sewer Pipeline by SJC, or requests refunding of any prior grant funds by reason thereof, SJC agrees that is shall disconnect the SJC Sewer Facilities from he MNWD Sewer Pipeline upon written request by MNWD. 9. Termination — Health and Safety. In addition to the termination right set forth in Section 8, in the event MNWD determines the continued acceptance of wastewater from Hidden Creek Estates to the MNWD Sewer Pipeline raises health or safety concerns, MNWD shall have the right to terminate this License upon six (6) months prior written notice to SJC; provided, in the event of a health or safety emergency, or regulatory mandate, MNWD will be required to provide only that prior notice reasonably possible under the circumstances. 10. Attorney's Fees. If either party hereto commences any action to enforce any provision of this license, the prevailing party shall be entitled to received from the other party, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorney's fees. 3 LJ 11. Successor's Assignment. This inure to the benefit of the parties' successors rights and obligations hereunder without the written consent of MNWD. 0 License will be binding upon and hereto. SJC shall not assign its prior written notice to, and the 12. Waiver. The failure of either party to insist on compliance with any of the terms, covenants, or conditions of this License by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this License at any other time, or times, by a party be deemed a waiver or relinquishment of that right or power for all or any other times. 13. Severabiiity. If any part of this License is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the validity of enforceability of this License as a whole shall not be affected and the remainder and all other provisions of this License shall be given affect to the maximum extent permissible by law. 14. Entire Agreement. This License supersedes any and all agreements between the parties with respect to the subject matter herein, and contains the entire agreement between the parties with respect to those matters. 15. Amendment. No addition to or modification of any provision contained in this License shall be effective unless fully set forth in a writing signed by both parties. 16. Notice. Any notice required or permitted to be given hereunder shall be deemed to have been validly or given or made only if in writing and when received by the party to whom it is directed by personal service, hand delivery, or United States Mail as follows: If to MNWD: Mr. Tom Stephenson, Director of Engineering Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, CA 92677 If to SJC: Mr. Nasser Abbaszadeh, Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 rd 0 0 Either party may change its address above at any time by written notice to the other. IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first written above. MOULTON NIGUEL WATER DISTRICT B President I Vice — sident BW -- 0 CA ( f " ---0— Secretary APPROVED AS TO FORM: Bowie, Arneson, Wiles & Giannone General Counsel CITY OF SAN JUAN CAPISTRANO i Sam Allevato, Mayor APPROVED AS TO FORM: f By: City orney UP PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California ) County of Orange ) ss City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 1181) On October 17, 2006 before me, Maria Morris, Deputy City Clerk, personally appeared Sam Allevato personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. (SEAL) OPTIONAL Capacity Claimed by Signer Municipal Corporate Officer Mayor Title Signer is Representing City of San Juan Capistrano Description of Attached Document License for Sewer Connection Between Licensor Moulton Niguel Water District and Licensee The City of San Juan Capistrano Date: January 2, 2007