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1976-1117_SERRA_Agreement11-9-76 „ AGREEMENT BY AND BETWEEN THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY ACTING ON BEHALF OF PROJECT COMMITTEE NO. 5 AND \7 ALL MEMBER AGENCIES RELATIVE TO THE PARTICIPATION OF THE CITY OF SAN CLEMENTE IN PROJECT COMMITTEE NO. 5 THIS AGREEMENT is made and entered into this /7y,h_ day of `�e�w(�p� , 1976, by and between the SOUTH EAST REGIONAL RECLAMATION AUTHORITY, an entity created by the joint powers agreement entitled "Joint Exercise of Powers Agreement Creating South East Regional Reclamation Authority, Orange County, California (SERRA)" dated March 9,. 1970, acting on behalf of Project Committee No. 5, and the CITY OF SAN JUAN CAPISTRANO; CAPISTRANO BEACH SANITARY DISTRICT; DANA POINT SANITARY DISTRICT; MOULTON-NIGUEL WATER DISTRICT; SANTA MARGARITA WATER DISTRICT; and.the CITY OF SAN CLEMENTE. W I T N E S S E T H: WHEREAS, the CITY OF SAN CLEMENTE is proposed to be readmitted to the SOUTH EAST REGIONAL RECLAMATION AUTH- ORITY; and WHEREAS, the CITY OF SAN CLEMENTE was formerly a Member Agency of the SOUTH EAST REGIONAL RECLAMATION AUTH- ORITY and of Project Committee No: 5 for the purposes of designing, constructing, operating, and maintaining the Ocean Outfall; and WHEREAS, subsequent to the withdrawal by the CITY OF SAN CLEMENTE from the SOUTH EAST REGIONAL RECLAMATION AUTHORITY and Project Committee No. 5, there has been obtained on behalf of Project Committee No. 5 a Development -1- 11-9-76 Permit from the California Coastal Zone Conservation Com- mission (the Commission), a National Pollution Discharge Elimination System (NPDES) Permit, a permit from the Calif- ornia Regional Water Quality Control Board, San Diego Region, and an approved Environmental Impact Statement as to the proposed Outfall; and WHEREAS, the CITY OF SAN CLEMENTE will be unable to use the Outfall proposed to be constructed by Project Committee No. 5 until such time as necessary permits and approvals have been obtained and modified, and the require- ments of the Environmental Quality Act of 1970 and the National Environmental Quality Act have been metF and WHEREAS, all parties are desirous of not impeding the orderly construction of the Ocean Outfall; follows: NOW, THEREFORE, the parties hereto agree as 1. The CITY OF SAN CLEMENTE shall pay, concurrently with the execution of this Agreement, to SERRA, on behalf of Project Committee No. 5, the sums set forth in the approved budgets for Project Committee No. 5, Phases A and B. 2. The CITY OF SAN CLEMENTE shall participate in the cost of planning, designing, and constructing the Ocean Outfall, but it shall not become a member of Project Committee No. 5 until such time as all necessary permits and approvals have been obtained or modified, including, but not limited to, the permit issued by the California Coastal Zone Conser- vation Commission and the NPDES permit obtained from the California Regional Water Quality Control Board, San Diego Region. 11-9-76 3. The CITY OF SAN CLEMENTE shall pay to SERRA, on behalf of Project Committee No. 5, all additional costs incurred by the Project Committee in obtaining any necessary approvals, permits or amendments to permits; providing for compliance with the provisions of the California Environ- mental Quality Act of 1970 and compliance with the National Environmental Policy Act for the purpose of allowing the CITY OF SAN CLEMENTE to be a Participating Member Agency of Project Committee No. 5 and owning capacity in the Ocean Outfall. 4. The parties recognize that the anticipated award of the construction contract for the Ocean Outfall is August of 1977. The CITY OF SAN CLEMENTE agrees to reimburse SERRA for any increased costs if the award date is extended beyond August, 1977, if said date is extended by reason of the CITY OF SAN CLEMENTE participating in Project Committee No. 5, whether said delay is caused by the fault of the CITY OF SAN CLEMENTE or not. The increased cost shall be based on the Engineering News Record Index, published by McGraw Hill. 5. Immediately upon payment of the budget for Phases A and B, the CITY OF SAN CLEMENTE shall be entitled to participate in all meetings of Project Committee No. 5, but it shall not become a member or vote until such time as all necessary approvals, permits and amendments have been obtained, permitting the CITY OF SAN CLEMENTE to be a member of Project Committee No. 5 and to own capacity in said Outfall. The decision as to whether all necessary -3- W-9-76 approvals and permits have been obtained shall be decided by a majority vote of the present Participating Member Agencies of Project Committee No. 5. 6. The CITY OF SAN CLEMENTE agrees to make all payments pursuant to this Agreement at times requested. In the event that at any time payments are not made within a period of 30 days after written demand has been made upon the CITY OF SAN CLEMENTE, the CITY OF SAN CLEMENTE shall no longer have any rights under this contract and shall no longer be entitled to participate in the activities of Project Committee No. 5 or have any rights in the Ocean Outfall proposed to be constructed. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first hereinabove written. SOUTH EAST REGIONAL RECLAMATION AUTHORITY, acting on behalf of Project Committee Chai By Secre ary CITY OF SAN JUAN C_,APPIISTTRANO/ By Mayor By i t y Cle m -4- CAPISTRANO 11-9-76 DISTRICT DANA POINT SANITARY DISTRICT By,oCL t/� Ci! P esident By Secretary MOULTON-NIGUEL WR DISTRICT L By E - r , L- I Fres By Secre y� SANTA MARGARITA WATER DISTRICT By--� C&ot President By Secre ry CITY OF SAN CLEMENTE 0 10 -5- C') - -.. 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