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00-0531_MOULTON NIGUEL WATER DISTRICT_License AgreementLeslie 0(,ay-Perry -#65110 v1 - license r sewer conn. mnwd-sjcmpd LICENSE FOR SEWER PIPELINE CONNECTION TO SEWER LIFT STATION BETWEEN LICENSOR CITY OF SAN JUAN CAPISTRANO AND LICENSEE MOULTON NIGUEL WATER DISTRICT TRACT NOS. 6936, 6975 (TRABUCO LIFT STATION REPLACEMENT) THIS LICENSE is made and entered into this day of, 2000, by and between, the CITY OF SAN JUAN CAPISTRANO, hereinafter referred to as "SJC," a municipal corporation of the State of California, and MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as "MNWD," formed and existing pursuant to the California Water District Law, Division 13 of the Water Code of the State of California. SIC and MNWD are sometimes referred to in this License individually as "party" and jointly as "parties." RECITALS A. MNWD currently provides sewer service to approximately one -hundred fifty residential dwelling units located in the City of Mission Viejo at the intersections of Avery Parkway and Las Ondas Drive, and Oso Rojo Lane and Olivia Place, identified as Tract. Nos. 6975 and 6936 (the 'Property") . MNWD currently provides sewer service to the Property through the use of its Trabuco Sewage Lift Station, which results in added energy and maintenance costs. B. All of the Property is located in MNWD, but not within the boundaries of SJC. C. MNWD desires that SIC provide certain wastewater transmission facilities for use by MNWD for MNWD's sewer service to the Property in lieu of MNWD continuing to service such property using the Trabuco Sewage Lift Station. The wastewater flows shall be transmitted through MNWD's Village San Juan gravity sewer, which flows into the SIC sewage lift station and pipeline facilities, and shall be treated at the South East Regional Reclamation Authority (SERRA) regional treatment plant utilizing MNWD sewer capacity. eslie Cray Perry #65110 v1 -license sewer conn. mnwd sjc.wpd 0 Page 2 D. As an accommodation to MNWD, SJC agrees to grant to MNWD a license to dispose of wastewater generated by the Property to the SJC sewer system described specifically in this License, provided MNWD agrees to fund capital improvements to SJC's "Rosenbaum Lift Station", located at 29195 Summerwalk Dr., San Juan Capistrano, which will be used to service the Property (along with other property within SIC) in lieu of the MNWD Trabuco Lift Station. The location of the Property and the SIC Rosenbaum Lift Station and pipelines are depicted on Exhibit "A" to this Agreement. AGREEMENT IN CONSIDERATION of the promises and mutual covenants contained herein, the parties agree as follows: 1. License. SJC agrees MNWD has the right and license to transmit wastewater generated by the Property to the SJC sewer system described in this License, subject to the following terms and conditions. 2. Location of Connection. The connection between MNWD's --inch sewer main pipeline (the "MNWD Sewer Pipeline") and SJC's sewer system shall be at the location depicted in Exhibit "A," which is at the end of Applewood Court. The improvement plans shall be approved by both MNWD's Director of Engineering and SJC's Director of Engineering and Building prior to construction by MNWD. 3. Maintenance of MNWD Sewer Pipeline. The construction, operation and maintenance of the MNWD Sewer Pipeline conveying wastewater from the Property to the SJC Sewer System Lift Station shall be the responsibility of MNWD, and such activity shall not materially affect or interfere with SJC's continued use of their system, or any other sewer facilities owned, operated or used by SJC. 4. Capacity and Units Served. MNWD agrees that no buildings other than those residential structure(s) comprising the Property will be served through the sewer connection and the SJC Rosenbaum Lift Station and pipelines, unless otherwise agreed in writing by the parties. BAW&G/PBG/kc/65110 12004 S 1 04/28/00 Final Leslie Gray -Perry - #65110 v1 - licens r sewer conn. mnwd-sjc.wpd In consideration of MNWD's one-time capital expenditure of Twenty Three Thousand Five Hundred and no/100 Dollars ($23,500.00) to upgrade the SJC Rosenbaum Lift Station to accommodate the wastewater flows from the Property (hereinafter the "Lift Station Improvements"), MNWD will have an assured right to convey wastewater from the Property to the SJC Rosenbaum Lift Station and pipelines. 4.1 Wastewater Treatment. MNWD's treatment capacity at the SERRA Treatment Plant shall be used for treating the wastewater from the Property transmitted to the SERRA Plant by the SJC Rosenbaum Lift Station and pipelines, and MNWD shall include such flow in MNWD's report of flows to the SERRA Treatment Plant, 5. No Additional MNWD Financial Obligations. SJC agrees that other than MNWD's obligation to fund the $23,500 for the Lift Station Improvements, MNWD has no connection fee or other capital facility, or capacity or service fee obligations to SJC related to servicing the Property. Further, MNWD has no obligation to fund operations or maintenance costs in connection with the SJC Lift Station or pipelines, or the sewage flows from the Property to SIC facilities. 6. Compliance with Rules and Regulations. MNWD agrees to comply with and abide by, and to cause the owners of the Property, to comply with and abide by, all rules and regulations of MNWD and those imposed by any governmental authority or public agency relating to the SIC Rosenbaum Lift Station and pipelines and the MNWD Sewer Pipeline. MNWD further agrees that it shall meet all wastewater discharge requirements and conditions of any applicable NPDES permit and all MNWD/SERRA pre-treatment ordinances and permits (if any are relevant) to ensure that the Property's wastewater delivered to the SJC Rosenbaum Lift Station and pipelines is free of any substance which would preclude SJC from meeting and complying with any waste discharge requirements or any condition of any applicable NPDES permit and pre-treatment ordinances and rules. MNWD agrees that for purposes of ensuring such compliance, MNWD is the enforcing agency should any enforcement action be necessary related to servicing the Property, and that any sewage spills as a result of operation of the BAW&G/PBG/ke/65110 12004 S 1 04/28/00 Final Leslie Gray -Perry - #65110 v1 - licens sewer conn. mnwd-sjc.wpd MNWD Sewer Pipeline by MNWD shall be MNWD's sole responsibility, including all cleanup, reporting and other requirements that apply under state and federal law , and local rules and regulations. Any spills that occur as a result of operations of the SJC Rosenbaum Lift Station, or any facility owned and/or operated by SIC are SJC's sole responsibility, including all cleanup, reporting and other requirements under state and federal law, and local rules and regulations. 7. Indemnity. MNWD agrees to indemnify and hold harmless SJC and its directors, officers, employees and agents from any and all claims, costs, liabilities or damages incurred by SJC arising out of or resulting from, or in connection with the MNWD Sewer Pipeline, including but not limited to penalties or fines imposed by a regulatory agency and/ or court. In the event any claim or legal action is asserted against SJC as a result of, or any regulatory proceeding is conducted relative to, MNWD's sewer service to the Property, or the MNWD Sewer Pipeline, MNWD agrees that it shall defend the interest of SIC and shall be responsible for the payment of any fines or penalties, and for satisfaction or judgment, whether by decree, settlement or court order, including but not limited to any penalties or fines imposed by a regulatory agency, or through any regulatory proceeding. 8. Termination - Health and Safety. In the event SJC determines the continued acceptance of wastewater from the Property to the SJC Rosenbaum Lift Station and pipelines raises health or safety concerns, SIC shall have the right to terminate this License upon six (6) month's prior written notice to MNWD; provided, in the event of a health or safety emergency, or regulatory mandate, SIC will be required to provide only that prior notice reasonably possible under the circumstances. 9. Attorneys' Fees. If either party hereto commences any action to enforce any provision of this License, 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 attorneys' fees. 10. Successors; Assignment. This License will be binding upon and inure to the benefit of the parties' successors hereto. MNWD shall not assign its rights and obligations hereunder without the prior written notice to, and the written consent, of SJC. BAW&G/PBG/kd65110 12004 S 1 04/28/00 Final Leslie Gray -Perry - #65110 v1 - licenseb sewer conn. mnwd-sjc.wpd Page 11. Waiver. The failure of either party to insist on compliance with any of the terms, covenants, or conditions of this License by the other party shall not be deemed a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment of any right or power conferred by this License 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. 12. Severability. If any part of this License is held to be illegal or unenforceable or void for any reason by a court of competent jurisdiction, the validity of enforceability of this License as a whole shall not be affected and the remainder and all other provisions of this License shall be given affect to the maximum extent permissible by law. 13. Entire Agreement. This License 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. 14. Amendment. No addition to or modification of any provision contained in this License shall be effective unless fully set forth in a writing signed by both parties. 15. 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 SIC: Director of Engineering and Building City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 If to MNWD: Director of Engineering Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, CA 92677 Either party may change its address above at any time by written notice to the other. BAW&G/PBG/ke/65110 12004 S 1 04/28/00 Fim1 Leslie Gray -Perry - #65110 vl - license sewer conn. mnwd slc.wpd Page 6 16. Recitals/Exhibits: Counterparts. The Recitals are incorporated in this License. The Exhibit "A" referenced in this License and attached to this License is incorporated herein. This License may be executed in counterparts, each of which shall be deemed an original. 17. California Law. This License shall be governed by and construed in accordance with the laws of California. THIS SPACE LEFT BLANK BAW&G/PBG/ke/65110 12004 S 1 04/28/00 Final heslie Gray -Perry: #65110 v1 - license sewer conn. mnwd sjc.wpd Page 7 IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date first written above. APPROVED AS TO FORM: John Shaw City Attorney CITY OF SAN JUAN CAPISTRANO By: Mayor ATTEST: By: ( City Clerk APPROVED AS TO FORM: MOULTON NIGUEL WATER DISTRICT BOWIE, ARNESON, WILES & GIANNONE General Counsel, MNWD i Patricia B. Giannone BAW&G/PBG/ke/65110 12004 S 1 04/28/00 Final // resident/Vice-President By: a retary 0 EXHIBIT "A" • Depiction of Property, MNWD Sewer Pipeline, SJC Rosenbaum Lift Station, Lift Station Connection and SJC Pipelines (to be provided by MNWD) Reference to Approved Improvement Plans Dated March 2000, Prepared by Psomas & Associates 32400 PASEO ADELANTO SAN .JUAN CAPISTRANO, CA 92675 (949) 493-1 171 (949) 493-1053 (FAX) June 5, 2000 Moulton Niguel Water District 27500 La Paz Road Laguna Niguel, California 92677 STA mmrmrrno Iuurlo 1961 1776 Re: License for Sewer Pipeline Connection Gentlemen: MEMBERS OF THE CITY COUNCIL DIANE L. BATHGATE COLLENE CAMPBELL JOHN GREINER WYATT HART DAVID M. SWERDLIN CITY MANAGER GEORGE SCARBOROUGH At their meeting of May 31, 2000, the City Council of the City of San Juan Capistrano approved the "License for Sewer Pipeline Connection to Sewer Lift Station Between Licensor City of San Juan Capistrano and Licensee Moulton Niguel Water District." The License allows Moulton Niguel Water District wastewater flows through the San Juan Capistrano Rosenbaum Lift Station and pipeline facilities in return for financial participation in the Rosenbaum Lift Station improvements. A fully -executed copy of the License is enclosed for your files. Please feel free to contact Bill Huber, Engineering and Building Director, at 443-6336 if you have any questions. Very truly yours,, 0�� Z 6 1 k41_%,'7 2 Cheryl Johnson City Clerk Enclosure cc: Engineering and Building Director (with enclosure) San Juan Capistrano: Preserving the Past to Enhance the Future giUO USE IS 0 0 8. APPROVAL OF CONSOLIDATION OF SOUTHEAST REGIONAL RECLAMATION AUTHORITY (SERRA) WITH ALISO WATER MANAGEMENT AGENCY (AWMA) AND SOUTH ORANGE COUNTY RECLAMATION AUTHORITY (SOCRA) (1040.60) As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, the following Resolution was adopted supporting the consolidation of the three regional wastewater treatment and reclamation agencies: RESOLUTION NO. 00-5-31-4, SUPPORTING CONSOLIDATION OF WATER AGENCIES - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, SUPPORTING THE CONSOLIDATION OF THE ALISO WATER MANAGEMENT AGENCY, THE SOUTH EAST REGIONAL RECLAMATION AUTHORITY AND THE SOUTH ORANGE COUNTY RECLAMATION AUTHORITY APPROVAL OF WAIVER OF FEES FOR RENTAL OF COMMUNITY CENTER (ORANGE COUNTY BOARD OF SUPERVISORS 5T" DISTRICT: JUNE 22 2000) (390.30) As set forth in the Report dated May 16, 2000, from the Community Services Director, Community Center rental fees were waived for a June 22, 2000 south -County regional meeting regarding trails and recreational issues, hosted by Orange County Fifth District Supervisor Thomas Wilson. 10. APPROVAL OF SELECTION FOR DESIGN SERVICES FOR THE NORTH OPEN SPACE TEA GRANT PROJECT (KFM ENGINEERING) (600.30) As set forth in the Report dated May 16, 2000, from the Engineering and Building Director, the selection of KFM Engineers was approved to design the Transportation Enhancement Application Grant for the North Open Space Project in the amount of $142,370. 11. APPROVAL OF LICENSE AGREEMENT FOR PROVISION OF CITY WASTEWATER TRANSMISSION FACILITIES FOR USE BY MOULTON As set forth in the Report dated May 16, 2000, from the Director of Engineering and Building, a License Agreement was approved to allow Moulton Niguel Water District to transmit wastewater flows from a specified area in Mission Viejo to the Village San Juan gravity sewer and Rosenbaum Lift Stations for ultimate treatment at the SERRA Treatment Plant, in exchange for the Moulton Niguel Water District funding of Rosenbaum Lift Station improvements in the amount of $23,500. PUBLIC HEARINGS - None Adjourned City Council Minutes -5- 5/31/00 AGENDA ITEM May 16, 2000 TO: George Scarborough, City Manager FROM: William M. Huber, Director of Engineering & Building SUBJECT: Consideration of Approval of License Agreement to Replace Trabuco Lift Station (Moulton Niguel Water District) RECOMMENDATION By motion, authorize the Mayor to sign the License Agreement which replaces the use of the Trabuco Lift Station with the San Juan Capistrano Rosenbaum Lift Station. SITUATION A. Summary and Recommendation The Moulton Niguel Water District (MNWD) has requested that the City of San Juan Capistrano provide certain wastewater transmission facilities for use by MNWD for MNWD's sewer service to approximately 150 residential dwelling units located in the City of Mission Viejo. Currently, MNWD provides sewer service to this location through the use of its Trabuco Sewage Lift Station, resulting in added energy and maintenance costs. Pursuant to this license agreement, the wastewater flows would be transmitted through MNWD's Village San Juan gravity sewer, which flows into the San Juan Capistrano Rosenbaum Lift Station and pipeline facilities, and would be treated at the South East Regional Reclamation Authority treatment plant utilizing MNWD sewer capacity. COMMISSION/BOARD REVIEW AND RECOMMENDATIONS N/A FINANCIAL CONSIDERATIONS Moulton Niguel Water District is obligated to fund $23,500 for Rosenbaum Lift Station Improvements. FOR CITY COUNCIL AGE 3/// • s Agenda Item Page 2 May 16, 2000 PUBLIC NOTIFICATION Moulton Niguel Water District ALTERNATE ACTIONS By motion, authorize the Mayor to sign the License Agreement which replaces the use of the Trabuco Lift Station with the San Juan Capistrano Rosenbaum Lift Station. 2. Request additional information from staff. By motion, authorize the Mayor to sign the License Agreement which replaces the use of the Trabuco Lift Station with the San Juan Capistrano Rosenbaum Lift Station. Respectfully submitted, William M. Huber Director of Engineering & Building W M H:jt Attachments: 1. License Agreement (Exhibit A of Agreement to be provided to City Council Packets under separate cover)