04-0211_SOUTH COUST WATER DISTRICT_Emergency Interconnection Agreement RECORDING REQUESTED BY:
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Recorded in Official Records, County of Orange
AND WHEN RECORDED, MAIL TO: Tom Daly, Clerk-Recorder
I!1111111'IIIi;i1111111111111UIIIIII11111111111111111111111lll1NO FEE
Margaret R. Monahan, city Clerk 200400010670310:32am 02111104
City of San Juan Capistrano 117 92 Ate e
32400 Paseo Adelanto 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
San Juan Capistrano, CA 92675
Exempt from Recording Fees:
Gov Code 27383 & 6103 "
Benefits/Requested by.,
City of San Juan Capistrano
i
This Space for Recorder's Use Only I
Title of Document:
Emergency Interconnection Agreement
San Juan Capistrano/South Coast Water District
SD
EMERGENCY INTERCONNECTION AGREEMENT BETWEEN CITY OF SAN JUAN
CAPISTRANO AND SOUTH COAST WATER DISTRICT
This Emer enc interconnection Agreement is made and entered into this
day of 004 by and between the City of San Juan Capistrano, a public
corporation (hereina er referred to as"CSJC"), and South Coast Water District(hereinafter
referred to as "SCWD"), a California water district.
RECITALS
A. SCWD wishes to obtain an emergency source of water supply for certain
areas within its boundaries via a connection from CSJC to SCWD, to be delivered through
water facilities constructed by SCWD.
B. The water purchased by SCWD from CSJC shall be measured and controlled
through a Water Meter Station owned and operated by SCWD.
C. CSJC wishes to obtain an Emergency source of water supplyto certain areas
within its boundaries via a connection from SCWD to CSJC, to be delivered through water
facilities constructed by SCWD.
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:
AGREEMENT
I 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; CSJC and SCWD
agrees to provide water to the party in need; using a combination of CSJC water facilities
and SCWD water facilities.
2) EmergenFor the purpose of this Agreement an "Emergency"will be defined as
an unusual service disruption brought about by a line break or construction that disrupts
the normal means of providing service.
3) Location of SCWD/CSJC Connection. The SCWD/CSJC Connection between
CSJC's system and the SCWD system proposed is to convey water to SCWD by CSJC
and vice versa though a water metering station which shall be within the public right of way
of Doheny Park Road, nearthe intersection of Camino Capistrano. These facilities shall be
collectively known as the "SCWD/CSJC Connection."
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4) Construction of Facilities. SCWD agrees to construct the SCWD/CSJC Connection
as shown in plans prepared by SCWD entitled "Doheny Park Road Water Pipeline", as
approved by the CSJC Public Works Department.
5) Ownership and Maintenance of the Facilitates. The water pipeline from the CSJC
system to the water metering station (together, the"CSJC Conveyance Facilities")will be
constructed by SCWD to the standards of CSJC and then accepted by CSJC, who shall be
responsible for all maintenance and operating requirements for such CSJC Conveyance
Facilities. The Meter Station and the water pipeline from the water metering station into the
SCWD system will be constructed, owned, and operated by SCWD.
6) Water Cost. Subject to the terms and conditions of this Agreement, CSJC will sell
water to SCWD at the prevailing MWDOC water rates. SCWD will sell water to CSJC at
the prevailing MWDOC water rates.
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 SCWD'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.
8) 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 parry is obligated to indemnify the other party from
and/or against as set forth in Section 9 below.
9) 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 SCWD/CSJC Connection, SCWD and/or SCWD's Contractor shall maintain in full force
and effect the following insurance:
Comprehensive General Liability
Comprehensive general liability coverage, including premises operations,
products/completed operations, broad form property damage and blanket contractual
liability in the following minimum amounts:
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• $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:
During the construction period, if SCWD or SCWD's Contractor employs employees to
perform services under this Agreement, SCWD or SCWD's Contractor shall obtain and
maintain, 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. SCWD shall provide an endorsement
to CSJC establishing that CSJC has been legally added as an additional insured to the
insurance policies required under this Agreement.
111 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.
131 Waiver. The failure of either party to insist on compliance with any of the terms,
covenants, or conditions of this Agreement by the other party 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 powerfor all
or any other times.
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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: Ms. Amy Amirani, 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.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of fir l -v
County of o✓'b. .4f.
On _VMWVQ02 before me,
DAT NAME,TITLE OF OFFICER-E.G., JANE DOE,NOTARY PUBLIC"
personally appeared �tv)baw
NAME(S)OF SIGNER(S)
personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(.&) whose name(s) is/ate
subscribed to the within instrument and ac-
knowledged to me that he/sheA#ey executed
the same in his/Herfthsit- authorized
capacity(iee), and that by his/#�ef/-t#eix
LINDA A.LAZAR signature(s) on the instrument the person(,
Commission#1339343 or the entity upon behalf of which the
Notary Public-California
Orange County person(�b) acted, executed the instrument.
My Comm.FVires Jan 30,2M
WITNESS my hand and official seal.
SIGNATURE OF ITOTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
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X�INDIVIDUAL
❑ CORPORATE OFFICER Ruo 2-D
TITTLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
El GENERAL
1:1 ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: i `(-
DATE OF DOCUMENT
SIGNER
ISREPRESENTING:
NAME
OFPERSON(S)OR
ESO ENTI IES) \Ae � V r
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S GNER(S)
OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184
PUBLIC AGENCY FORM OF ACKNOWLEDGEMENT
State of California )
County of Orange ) ss.
City of San Juan Capistrano )
(Gov't Code 40814 & Civil Code 1181)
On January 20, 2004 before me, Margaret R. Monahan, City Clerk, personally appeared Joe Soto
personally known to me to be the 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 signature
on the instrument the person, or the entity upon behalf of which the person acted, executed the
instrument.
(SEAL)
AO WITNESS my hand and official seal.
i r
• „��» inn
Im rg MR. Monahan, City Clerk
OPTIONAL
Capacity Claimed by Signers Description of Attached Document
Mayor Emergency Interconnection Agreement
Title or Type of Document
Title
Signers are Representing
City of San Juan Capistrano