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
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2008000299800 02:27pm 06/23/08
117 73 Al2 9
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' 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
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State of California
Countyof6ra✓lq� I
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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_
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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
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Emergency Interconnection
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EXHIBIT "A"