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1990-0305_MOULTON NIGUEL WATER DISTRICT_AgreementSEWER SERVICE AGREEMENT BETWEEN MOULTON NIGUEL WATER DISTRICT AND CITY OF SAN JUAN CAPISTRANO FOR PARCEL MAP NO. 85-128 WITHIN IMPROVEMENT DISTRICT NO. 7 OF MOULTON NIGUEL WATER DISTRICT THIS AGREEMENT is made and entered into on this 5th day of March , 1990, by and between the MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as "MNWD", a California water district formed under and pursuant to Division 13, Section 34000 et seq. 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 "CITY". R E C I T A L S A. Property owners of the real property within Parcel Map No. 85-128, more particularly described as Assessor's Parcel Nos. 121-100-55, 121-100-56 and 121-100-57as shown on the County of Orange 19_89 /19 90 Assessor's Roll, hereinafter referred to as the "Property", are developing the Property for residential purposes. The Property is located within the service boundaries of Improvement District No. 7 of MNWD. A map depicting the Property is attached as Exhibit "A" to this Agreement and incorporated herein. B. MNWD will provide water service to the Property, but will require property owners of the Property to construct a sewer pump station in order to provide sewer service to the Property. PBG/1311 02/12/90 - Draft 1 r C. CITY has a sewer line adjacent to the boundary of the Property which can transport wastewater from the Property to CITY's sewage treatment facilities by the use of gravity flow for such transmission. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties hereto agree as follows: 1. MNWD agrees to permit CITY to provide sewer service to the Property and CITY agrees to provide sewer service to the Property. 2. Pursuant to providing sewer service to the Property, City shall be responsible for collecting any sewer connection fees and user fees, and any other capital or service charges or fees CITY chooses in its discretion to collect. MNWD shall have no responsibility or obligation with respect to imposition or collection of fees or charges for sewer service to the Property. 3. CITY agrees to indemnify and hold harmless MNWD and its directors, officers, employees and agents from any and all claims, costs, liabilities or damages incurred by MNWD, arising out of or resulting from or in connection with the provision of sewer service to the Property by CITY. In the event any claim or legal action is asserted against MNWD as a result of CITY's sewer service to the Property, CITY agrees that it shall defend the interest of MNWD and shall be solely responsible for the payment of any satisfaction or judgment, either by settlement or court ordered judgment. PBG/1311 02/12/90 0 f IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first hereinabove written. CITY OF SAN JUAN CAPISTRANO By: �5Q A -A-4 ary L. Ha sdorfer ATTEST: APPROVED AS TO FORM: City Attorney for City of San Juan o/ MOULTON NIGUEL WATER DISTRICT E F -3- PBG/1311 02/12/90 APPROVED AS TO FORM: Bowie, Arneson, Kadi & Dixon - General Counsel 7tooulton Niguel Water District ✓�. C(� By Patricia B. Giannone -4- PBG/1311 4-PBG/1311 02/12/90 EXHIBIT "A" 0 s 3. REPORT OF ARCHITECTURAL BOARD OF REVIEW ACTIONS (410.60) The Report dated June 19, 1990, from the Secretary of the Architectural Board of Review, regarding actions taken at the meeting of June 6, 1990, was ordered received and filed. 4. REPORT OF EQUESTRIAN COMMISSION ACTIONS (930.40) The Report dated June t9, 1990, from the Secretary of the Equestrian Commission, regarding actions taken at the meeting of June 11, 1990, was ordered received and filed. 5. REPORT OF PLANNING COMMISSION ACTIONS (440.40) The Report dated June l9, 1990, from the Secretary of the Planning Commission, regarding actions taken at the meeting of June 12, 1990, was ordered received and filed. 6. AMENDMENT TO EASEMENT RESTRICTIONS - LA SHELLE GRANT DEED As set forth in the report dated June 19, 1990, from the Director of Community Planning and Development, the Grant Deed/First Amendment was approved to allow relocation of access driveways on the La Shelle property located on the easterly facing slope on the western ridgeline of the City, Parcel 2 of Parcel Map 80-123. The Mayor was authorized to execute the document on behalf of the City. 7. LICENSE AGREEMENT - JOINT USE OF PRIVATE WATER LINE IN CITY As set forth in the report dated June 19, 1990, from the Director of Public Works, the License Agreement with the Capistrano Acres Mutual Water Company for use of a portion of an existing City easement to maintain a water pipeline, was approved. The line was relocated during construction of the Capistrano Business Center. The Mayor and City Clerk were authorized to execute the Agreement on behalf of the City for forwarding to the Orange County Recorder. PROPOSED SEWER SERVICES AGREEMENT BETWEEN CITY AND MOULTON NIGUEL WATER DISTRICT 600.50 As set forth in the report dated June 19, 1990, from the City Attorney, the Sewer Service Agreement with the Moulton Niguel Water District, permitting the City to provide sewer service to Parcel Map 85-128 located in the Bear Brand Ranch, was approved. The Mayor and City Clerk were authorized to execute the agreement on behalf of the City. 9. APPROVAL OF AGREEMENT - ANIMAL CONTROL SERVICES (COUNTY OF ^o A wrw /IAM an As set forth in the report dated June 15, 1990, from the Assistant City Manager, the agreement for animal control and animal shelter services with the County of Orange -4- 6/19/90 0 DRUG UEE 1s June 20, 1990 see I sM� orogen o �rlui�na � 1961 1776 Mr. Carlo Habash Director of Engineering Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, California 92656-3489 Re: Sewer Service Agreement Dear Mr. Habash: MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUCHHEIM KENNETH E. FRIES$ GARY L. HAUSDORFER PHILLIP R. SCHWARTZE CITY MANAGER STEPHEN 8 JULIAN At their regular meeting held June 19, 1990, the City Council of the City of San Juan Capistrano approved the Sewer Service Agreement between Moulton Niguel Water District and the City for Parcel Map No. 85-128 within Improvement District No. 7 of Moulton Niguel Water District. A fully -executed copy of the Agreement is enclosed for your files. If you need any additional information, please let us know. Very truly yours,%�nn,- - - aAtA� ?Iii ham/✓/ 1117 Cheryl Johnson (/ Deputy City Clerk Enclosure cc: City Attorney 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 AGENDA ITEM: TO: Stephen B. Julian, City Manager FROM: John R. Shaw, City Attorney June 19, 1990 SUBJECT: Proposed Sewer Service Agreement between City and Moulton Niguel Water District SITUATION: The Moulton Niguel Water District has forwarded a proposed Sewer Service Agreement between the Moulton Niguel Water District and the City for Parcel 85-128 within Improvement District No. 7 of the Water District. (see attachment) Under this Agreement it is provided that the Moulton Niguel Water District shall permit City to provide sewer service to this minor subdivision. Accordingly, City shall collect sewer connection and user fees with respect to the provision for sewer service by City to the property owners. This Agreement follows an earlier pre -annexation agreement dated August 4, 1987 between City and Dennis Christiansen and the O"Hill Company wherein it is provided that the City would use its best efforts to work with the Moulton Niguel Water District in allowing City to provide gravity sewer service to Parcel Map 85-128. Based upon this contractual commitment, it was appropriate that the City enter into the attached proposed agreement between City and District. COMMISSION/BOARD REVIEW, RECOMMENDATION: Not applicable. FINANCIAL CONSIDERATIONS: None. NOTIFICATION: Not applicable. ALTERNATE ACTIONS: 1. Approve Agreement. 2. Do not approve Agreement. FOR CITY COUNCIL AGEND � --------------- ------------------------------------------------------------------------------ RECOMMENDATION: Move to approve proposed Sewer Service Agreement between Moulton Niguel Water District and City. --------------------------------------------- -------------------------------- ------------------------------------------------------------------------------ Resp fully submitted, JO N R. Sd�� HAW Ci y Attorney JRS/ef 1 Moulton Niguel Water el Watei Distrix_ dan Cap'. --rano ting up arcel N c and th origin__ and keel the cc, istrict. ,sitate conta-