1977-0629_MOULTON -NIGUEL WATER DISTRICT_AgreementAGREEMENT BETWEEN MOULTON-NIGUEL WATER
DISTRICT AND ORANGE COUNTY WATERWORKS
DISTRICT NO. 4 RELATIVE TO AVAILABILITY
OF WATER BY MEANS OF EASTERN TRANSMISSION
MAIN AND OSO PARKWAY TRANSMISSION MAIN
On this 2A UIL day of June, 1977, Moulton -
Niguel Water District, a California Water District formed
under and existing pursuant to the California Water District
Law, Section 34000 and following of the Water Code of the State
of California; and Orange County Waterworks District No. 4, a
County Waterworks District, formed under and existing pursuant
to the County Waterworks District Law, Section 55000 and fol-
lowing of the Water Code of the State of California, hereinafter
referred to respectively as "14NWD," and "OCWWD No. 4," do hereby
agree as follows:
WHEREAS, MNWD and OCWWD No. 4 heretofore entered into
A
that certain Agreement entitled: is
"AGREEMENT FOR JOINT CONSTRUCTION OF WATER
TRANSMISSION/DISTRIBUTION FACILITIES," dated
September 11, 1961,
providing for the construction of the Eastern Transmission Main,k
which facility is depicted on Exhibit "A" to this Agreement; and
WHEREAS, MNWD desires at this time to augment the
supply of water available for beneficial use within the portion
of MNWD heretofore designated as Improvement District No. 3 and;
concurrently to construct a facility with water transmission
capacity for the portion of MNWD known as Improvement District
No. 4-3 by means of a facility herein designated as the "Osor
Parkway Transmission Main"; and 4
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WHEREAS, it would appear to be in the best interests
of OCWWD No. 4 and MNWD to provide for the interchange of up to
ten (10) cubic feet of water by means of the herein described
alternate water transmission facilities by means of the con-
struction by MNWD of the Oso Parkway Transmission Main from the
point of connection to the Tri -Cities Water Transmission Main,
which point of connection is also depicted on Exhibit "A" to
this Agreement; and
WHEREAS, the surplus water Agreement entered into
between OCWWD No. 4 and the Santa Margarita Water District has
been determined to be subject to any subsequent Agreement such
as the herein provided Agreement;
NOW THEREFORE, MNWD and OCWWD No. 4 in consideration
of the mutual covenants and promises hereinafter set forth, do
hereby agree as follows:
1. Subject to the construction of the Oso Parkway
Transmission Main by MNWD, OCWWD No. 4 agrees to make available
to MNWD from the Eastern Transmission Main up to ten (10) cfs of
water so long as MNWD is capable of providing OCWWD No. 4 with a
like quantity and quality of water from the Oso Parkway Trans-
mission Main at the connection thereto with the Eastern Trans-
mission Main.
2. The water herein delivered by MNWD to OCWWD No. 4
shall be delivered at the end of the Eastern Transmission Main
to achieve a hydraulic gradient of 445 feet above sea level
while delivered by means of a proposed interconnection to the
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ten (10) millon gallon Airso Creek Reservoir of MNWD and a
hydraulic gradient equivalent to that at which water is de-
livered by the Eastern Transmission Main, as provided for in
the "Agreement for Joint Construction of Water Transmission/
Distribution Facilities", dated September 11, 1961, at such
time as the Oso Parkway Transmission Main is extended to a
point of connection to the Tri -Cities Transmission Main.
3. MNWD agrees to initiate and diligently pursue to
completion at its expense the design and construction of Oso
Parkway Water Transmission Main from the point of connection
thereto designated on Exhibit "A" to the Tri -Cities Transmission
Main, along the route indicated on Exhibit "A" to this Agreement,
and upon completion thereof, to provide OCWWD No. 4 with up to
ten (10) cfs of water as needed to comply with the provisions of
this Agreement,
4. Each of the parties to this Agreement shall bear
its share of all costs as provided in that certain Agreement
previously entered into relative to the facility known as Eastern
Transmission Main regardless of any exchange of water pursuant to
the terms of this Agreement. All costs of operation, maintenance
and repair of the Oso Parkway Transmission Main shall be borne by
MWD.
5. Any controversy or claim between the parties to
this Agreement, including, but not by way of limitation, any
claims, disputes, demands, differences, controversies, or mis-
understandings arising under, out of, or in relation to this
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contract, or any alleged breach thereof, shall be submitted to
and determined by arbitration. To the extent not inconsistent
herewith, the rules of the American Arbitration Association shall
apply. The party desiring to initiate arbitration shall give
notice of its intention to arbitrate to the other, party to this
Agreement. Such notice shall designate such other parties, if
any, as the.initiating party intends to have bound by any award
made therein. Within twenty (20) days of the service of the
initial demand for arbitration, the American Arbitration Associa-
tion, hereinafter referred to as "AAA" shall submit simultaneously
to the initiating party and to all parties, if any, named as
respondents or filing a response therein, an identical list of
names of persons chosen from the AAA National Panel of Arbit-
rators, which persons shall be, to the extent possible, persons
first in the field of municipal water utility operations or in
the alternative, public law. Each party to the dispute shall have
seven (7) consecutive calendar days from the mailing date in
which to cross off any names to which he objects, number the re-
maining names indicating the order of his preference, and return
the list to the AAA. If a party does not return the list within
the time specified, all persons named therein shall be deemed
acceptable. From among the persons who have been approved on
both lists, in accordance with the designated order of mutual
preference, the AAA shall invite the acceptance of an arbitration
panel consisting of three persons from those designated, or if
for any reason an acceptable panel of three arbitrators is unable
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to act, or if for any other reasons the appointment cannot
be made frpm the submitted list, the AAA shall have the power
to make the appointment of the panel of three arbitrators from
other members of the list originally submitted, without the sub-
mission of an additional list.
The panel of arbitrators shall determine the rights
of the parties in accordance with the law, and the award shall
be subject to review as to the panel's application of the law by
any court having jurisdiction thereof whether or not any mistake
of the law shall appear upon the face of the award. As to all
questions of fact, however, the determination of the arbitrators(
shall be binding upon all parties and shall be final if supported
by substantial evidence upon the record of such proceeding in its
entirety. Any party shall be entitled to written findings of
fact and conclusions of law as to all issues determined by the
award. Subject to the above limitations, the award shall be
binding upon all parties to the arbitration and judgment upon
the award rendered by the arbitrators may be entered in any court
having jurisdiction thereof.
The arbitrators may, in their discretion, as part of
the arbitration award, impose upon any one party or allocate among
two or more of the parties, the liability for the arbitration fees
and expenses. Such allocable fees may include the initial adminis-
tration fees, fees for second and subsequent hearings, postponement
fees, and overtime fees. Allocable expenses may include the ex-
penses of producing witnesses, the cost of stenographic records,
e
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the cost of any transcripts, travel expenses of the arbitrators
and Tribunal' Administrator, the expenses of the arbitrators and
Tribunal Administrator, the expenses of any witnesses, the cost
of any proofs produced at the direct request of the arbitrators,
and any other expenses relating directly to the arbitration. In
the event of the failure of the arbitrators to provide for the
allocation of such fees and expenses, the arbitration fees shall
be divided equally between the parties and the expenses shall be
borne by the party incurring them.
6. Any notice or instrument required to be given or
delivered may be given or delivered by depositing the same in
any United States Post Office, registered or certified, postage
prepaid, addressed to:
Moulton -Niguel Water District
27500 La Paz Road
Laguna Niguel, California 92677
Orange County Waterworks District No. 4
31301 Andres Pico Road
San Juan Capistrano, California
and shall be effective upon receipt thereof by the parties to
this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first hereinabove written.
MOULTON-NIGUEL WATER DISTRICT
Date:Jtt�l� ��I I`j.',% BY
/ President/Vice.Pres dent
Date:u�lltl� �rj, i� BY-`—z�2<'-'
Secretary/Assistant Secretary
Cm
Date: c. e- 17 1
ORANGE COUNTY WATERWORKS
DISTRICT NO. 4
airman
G,
Date: 20 1977 BY &Cel-�
�J Clerk
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