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08-0623_SOUTH COAST WATER DISTRICT_AgreementRECORDING 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 This Document was electronically recorded by ER Cert Mail A Recorded in Official Records, Orange County Tom Daly, Clerk -Recorder �IYI��NIYI��IIIIIIIVIII�tl1IIMIIIAIII����INl�ll NO FEE 2008000299800 02:27pm 06/23/08 117 73 Al2 9 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: AGREEMENT FOR AN EMERGENCY INTERCONNECTION BETWEEN CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST WATER DISTRICT NEAR THE INTERSECTION OF STONEHILL AND PALO ALTO AGREEMENT FOR AN EMERGENCY INTERCONNECTION BETWEEN CITY OF SAN JUAN CAPISTRANO AND SOUTH COAST WATER DISTRICT NEAR THE INTERSECTION OF STONEHILL AND PALO ALTO IJ Thip Emergency interconnection Agreement is made and entered into this � day of , 2008 by and between the City of San Juan Capistrano, a public corporation (hereinafter referred to as "CSJC"), and South Coast Water District (hereinafter referred to as "SCWD"), a California water district. RECITALS A. CSJC wishes to obtain an emergency source of water supply for certain areas within its boundaries via a connection from SCWD to CSJC, to be delivered through water facilities constructed by CSJC. B. The water purchased by CSJC from SCWD or by SCWD from CSJC shall be measured and controlled through a Water Meter Station owned and operated by CSJC. C. SCWD wishes to obtain an Emergency source of water supply to certain areas within its boundaries via a connection from CSJC to SCWD, to be delivered through water facilities constructed by CSJC. D. The Water Meter Station shall be a joint use facility whereas water may be transported between each party during Emergency situations. NOW THEREFORE in consideration of the mutual covenants and conditions herein contained, the parties hereby agree as follows: Water Supply. Subject to the terms and conditions of this Agreement, during an Emergency, and if the supplying party has the capacity in its system as each party shall determine in its own discretion; CSJC and SCWD agree to provide water to the party in need; using a combination of CSJC water facilities and SCWD water facilities. a) Emergency. For the purpose of this Agreement an "Emergency" will be defined as an unusual service disruption including, but not limited to a line break or construction that disrupts the normal means of providing service. 3� Location of CSJC/SCWD Connection. The proposed CSJC/SCWD Connection between CSJC's system and the SCWD system is to convey water to CSJC from SCWD and vice versa though a water metering station which shall be within the public right of way of Palo Alto Street, near its intersection with Stonehill. See Exhibit A, "Location Map." These facilities shall be collectively known as the "CSJC/SCWD Connection at Palo Alto." The connection point to the SCWD system will be to SCWD's 24 -inch Water Importation Line in Stonehill near Palo Alto, at approximately station 54+00, of plan SCTM-721. 44) Construction of Facilities. CSJC agrees to construct the CSJC/SCWD Connection at Palo Alto as shown in plans to be prepared by CSJC in a manner substantially similar to an existing interconnection between CSJC and SCWD shown on a set of plans entitled "Doheny Park Road Water Pipeline." The final Plans and Specs will have the approval of SCWD for the portion covering the CSJC/SCWD Connection at Palo Alto. The plans by which the CSJC/SCWD Connection at Palo Alto will be constructed are titled Recycled Water and Domestic Water Supply System; CIP 755, 785, & 793 and shown on pages 17 and 29. 5) Ownership and Maintenance of the Facilitates. The water pipeline from the SCWD system to the water metering station (together, the "Connection Conveyance Facilities") will be constructed by CSJC to the standards of SCWD, but kept by CSJC who will be responsible for all maintenance and operating requirements for such Connection Conveyance Facilities. The Meter Station; the water meter vault, water meter, the Pressure Reducing Valve (PRV), collectively the Meter Station, and the water pipeline from the water metering station into the CSJC system will be constructed, owned, maintained, and operated by CSJC. 66) Water Cost. Subject to the terms and conditions of this Agreement, CSJC will sell water to SCWD and SCWD will sell water to CSJC at the prevailing MWDOC water rates and charges, including cost for peaking charges should the utilization of the CSJC/SCWD Connection at Palo Alto impact the assessment of the peaking charge and including South County pipeline charges. 7) Interruptible Water Supply. The parties acknowledge and agree that CSJC's sale of water to SCWD to service SCWD's emergency water supply needs is subject to interruption at any time, and for any length of time, in the event CSJC determines, in its sole discretion, that CSJC requires the water for its own needs. The parties acknowledge and agree that SCW D's sale of water to CSJC to service CSJC's emergency water supply needs is subject to interruption at any time, and for any length of time, in the event SCWD determines in its sole discretion that SCWD requires the water for its own needs. 88) Waiver. Each party waives and releases all claims and recourse against the other party, including the right of contribution for loss or damage of persons or property, arising out of or in any way connected with the interruption of the water supply under this Agreement and with the matters each party is obligated to indemnify the other party from and/or against as set forth in Section 9 below. Indemnity. Each party hereby agrees to mutually indemnify and hold the other party harmless from any and all claims, demands, causes of action, damages, costs and expenses, including attorneys fees, property damage, bodily injuries, personal injury, losses or liabilities, in law or in equity, of every kind and nature to the extent that the same are the result of an error, omission or negligent act of the indemnifying party, its officers or employees, or any other person acting pursuant to its control in performing under this Agreement. 10 Insurance. During the period of construction and for the purpose of construction of the CSJC/SCW D Connection at Palo Alto, CSJC and/or CSJC's Contractor shall maintain in full force and effect the following insurance: Comprehensive General Liabilitv Comprehensive general liability coverage, including premises operations, products/completed operations, broad form property damage and blanket contractual liability in the following minimum amounts: • $1,000,000 property damage; • $1,000,000 injury to one person/any occurrence/not limited to contractual period • $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Comprehensive Automobile Liability Comprehensive automobile liability coverage, including owned, hired and non -owned vehicles in the following minimum amounts: • $1,000,000 property damage; • $1,000,000 injury to one person/any occurrence/not limited to contractual period; • $2,000,000 injury to more than one person/any one occurrence/not limited to contractual period. Worker's Compensation: Worker's Compensation Employer's Liability Insurance in the statutory amount as required by state law. These policies shall not terminate, nor shall they be canceled nor the coverage reduced until after 30 days written notice is given to CSJC. 11 Attorney's Fees. If either party hereto commences any action to enforce any provision of this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to damages, equitable or other relief, all costs and expenses incurred, including reasonable attorney's fees. 12 Successors. This Agreement will be binding upon and inure to the benefit of the parties' successors hereto. 13 Waiver. The failure of either party to insist on compliance with any of the terms, covenants, or conditions of this Agreement by the other parry shall not be deemed a waiver of such terms, covenants, or conditions of this Agreement by the other party, nor shall any waiver or relinquishment of any right or power conferred by this Agreement 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. 14 Severability. If any part of this Agreement is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the validity of enforceability of this Agreement as a whole shall not be affected and the remainder and all other provisions of this Agreement shall be given affect to the maximum extent permissible by law. 15 Entire Agreement. This Agreement 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. 16 Amendment. No addition to or modification of any provision contained in this Agreement shall be effective unless fully set forth in a writing signed by both parties. 17 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 SCWD: Mr. Mike Dunbar, General Manager South Coast Water District P.O. Box 30205 Laguna Niguel, CA 92607-0205 If to CSJC: Cindy Russell, Interim Public Works Director City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Either party may change its address above at any time by written notice to the other. 15. Recitals/Exhibits: Counterparts. The parties acknowledge and agree the Recitals are true and correct and are incorporated in this Agreement. The Exhibits referenced in this Agreement and attached to this Agreement are incorporated herein. This Agreement may be executed in counterparts, each of which shall be deemed an original. 16. Termination. Either party may terminate this agreement at any time upon notice to the other. 0 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed. Date: rJU k L 3 , 2008 ATTEST: AS TO FORM: Omar Sando al, City Attorney CITY OF SAN JUAN CAPISTRANO SOUTH COAST WATER DISTRICT Date: 6 1 2008 By: M APPROVED AS TO FORM: Legal Counsel - SCW D By:gIa-�o � s Mike Dunbar, General Manager 32P<„3i.»tsj</�L.3�,.3.._..3;.3c„3<�sy<,.3t�s�5�sjL.0�,.3t;1;,.3;.32,3<..3t,<,t..3t,.33/.?.9 State of California Countyof6ra✓lq� I Jf On "c' 111 Zoo L before me, ^^dam A. L,i 3a/ Date Here Insert Name and Title of the Officer personally appeared LINDA A =R COMIT11 Bion x 1639889 MokIY PLtJ•c - Cal(amila_ ��CM , jV lol L who proved to me on the basis of satisfactory evidence to be the person whose name(p/) is/are subscribed to the within instrument and acknowledged to me that he/shekhey executed the same in his/he4heir authorized capacity(490, and that by his/her/their signatureo on the instrument the person(a), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand _and offi�ciial seal. Signature ^ Z ' "'tom' Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document Date Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: )Rf Individual ❑ Corporate Officer—Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: $Iugfner s ReSpSe anting: nWkf Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited ❑ General ❑ Attorney in Fact WHEN Trustee Top of thumb here ❑ Guardian or Conservator ❑ Other: Signer Is Representing: PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT State of California County of Orange ) ss. City of San Juan Capistrano ) (Gov't Code 40814 & Civil Code 118 1) On June 3, 2008, before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto, Mayor, who proved to me on the basis of satisfactory evidence to the be person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his/her/there signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument . I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) Capacity Claimed by Signers Officer title Mayor Signers are Representing City of San Juan Capistrano WITNESS my hand and official seal. R. Monahan, City Clerk OPTIONAL Description of Attached Document Title or Type of Document Agreement for an Emergency Interconnection.... Date of Document June 3, 2008 IEMergency Interconnection Between CSJC and SCWD near Stonehill & Palo Alto • �a%cyo • • 7 C . 4 Ole ■ l+ �G • • .. � se P i 9' , a° ��JP�4��� • i o DELAVION Emergency Interconnection 8r0'�+�tt • C0'*00 t,AS RAMBLAS � .... CSJC Boundary eCSJC Water Service Parcels �. o 2.000 4,000 e,000 Feet Creeks 1+ EXHIBIT "A"