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
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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
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