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.
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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.
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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
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APPROVED AS TO FORM:
Bowie, Arneson, Kadi & Dixon - General
Counsel 7tooulton Niguel Water District
✓�. C(�
By
Patricia B. Giannone
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EXHIBIT "A"
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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
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June 20, 1990
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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 �
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RECOMMENDATION:
Move to approve proposed Sewer Service Agreement between Moulton Niguel Water
District and City.
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Resp fully submitted,
JO N R. Sd��
HAW
Ci y Attorney
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Moulton Niguel Water
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