CAPISTRANO BEACH COUNTY WATER DIST.i
CONFLUENCE PUMP FIELD PLA14T
CONSTRUCTION AND OPERATIONS AGREEMENT
THIS .AGREEMENT is made and entered into as of the V Srday
of /,,E?- 15 1- 1984, by and between CAPISTRANO BEACH COUNT'" k;ATE-,
ir.after referred to as CBCWD) and CAPISTRANO VALLEY
WATER DISTRICT (hereinafter referred to as CVWD).
R E C I T A L
1. CBCWD and CVWD intend to utilize the groundwaters within
the Lower San Juan Basin for the purpose of supplying the inhabitants
and lands of their respective agencies with water for irrigation,
domestic, and municipal purposes.
2. The groundwaters within the Lower San Juan Basin contain,
excess amounts of iron and manganese that must be removed prior to
placing the.groundwater into the domestic water system.
3 CBCl4D and CVWD intend to cooperate in constructing an
'ron and n_ ;-nese removal plant (hereinafter referred to as "Plant").
4. CVWD owns property within the Confluence Pump Field
. r;cr i rtc er L7�ir-ld to as "Field") is suitable for the con-
struction of the Plant.
NOW, THEREFORE, in consideration of the mutual terms,
covenants and conditions herein contained, the parties do hereby
aoree as follows:
SEC_luN 1. CVWD agrees to allow the Plant to be built
on CVWD's property within the Field
CVWD shall retain ownership
of the land. Ownership of the Plant shall be vested jointly in
CBC4D and CVWD.
SECTION Z. CBCWD and CVWD agree that it is their intention
to share equally in the cost of constructinc the Plant, and to share
equally in the water produced therefrom; provided, however, by this
Aoreement neither of the perti?s re,in.ou'snes any ;glen or rater
rights of any nature owned or hereafter acquired by them.
SECTION 3. CBCWD and CVWD agree that each is responsible
for providing their own pipelines from the Plant to their own water
supply systems. Nothing herein, however, shall prevent the parties
from agreeing to use the other party's pipelines for such purpose.
SECTION 4. CBCWD agrees that, in return for jointly using
CVWD's property for the Plant, CBCWD will allow CVWD to jointly use
any future similar facility to be owned, leased or controlled by
CBCWD, on the same terms offered to CBCWD by CVWD in this Agreement.
SECTION 5. The parties agree that each party shall monthly
pay its pro rata share of all maintenance, operations and other
Plant costs, to be determined by the percent of each party's water
usage as compared to the total water c-: _ subject
mp tering month. The parties agree that the Plant shall provide, in
addition to a master meter, a separate meter within the Plant for
each Party's pipeline.
SECTION 6. CVWD agrees to maintain and operate the Plant,
and to provide monthly billings to each party. Rates to be charged
for services by CVWD personnel shall be actual payroll costs. Rates
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for equipment and other non -payroll costs shall be as set by mutual
agreement of the parties.
SECTION 7. CVWD agrees to provide keys to CBCWD for the
Plant, and CBCWD shall have free access to the Plant at any time.
It is agreed that only CVWD personnel shall operate the Plant and
its facilities.
SECTION 8. The provisions of this Agreement shall inure
to the benefit of and be binding upon the parties and their succes-
sors and assigns.
SECTION 9. All notices demands, payments, and requests
which may be or are required to be given or made by any party to
the other shall be in writing, sent by United States registered
mail, postage prepaid, addressed as follows:
To CBCWD: CAPISTRANO BEACH COUNTY WATER DISTRICT
P.O. Box 2515
Capistrano Beach, CA 92624
To CVWD: CAPISTRANO VALLEY WATER DISTRICT
P.O. Box 967
San Juan Capistranc CA 4'E93
or to such other addressee and at such other place as tine ;,ar ies
hereto elect to receive such notices, demands, and requests.
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[TNESS WHEREOF, the parties hereto have executed this
F the day and year first hereinabove written.
CAPISTRANO BEACH COUNTY WATER DISTRICT
By
Chairman
By
Setretary
" C B C W D "
CAPISTRANO VALLEY WATER DISTRICT
B y !.rrY'iZC/ 4
Chairman
By 3
Clerk
0 V W D