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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 r 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 -2- 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 -3 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 -4- 0 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 -5- 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 -7- I El IN -�,ti *z ?cco EASTEMN TRA,NSN1:SSi y � t O�\:-� •..'... 7i0 •tom- ?i �' R �S SI.. it0 P.' P;io-ros>=r �:-50 ti? r !'j ALTERNATIVE 4A P;1 G, r CLOS_D :1!' R�SERV:O? = SYSTEm c� ROUTE A �- Jt3 ' ELEV SSO Q i PUy:F .N j:l d_i = v• 30 �. U;,.:T;;•: STATION P , 75 Y�.G STATIO 3 J. Pio- 4-2' P R 0?JS_�t_ .-. 1.5 ice° RE-S�KS ELE V 450 3 QN _ /" } qr-\ 7 _��� % r - l Z. r APPr Lo Troy. 50 HP CLOSEQ SYSTcJ.? 'CLOSED PRESSU.?e zoo:=_ - . SYSTEN4 STA-i-IG,'•f r' NVQ ¢0 Ila4- LEGENa �� r 1-A iSF. PNl�SE CO).aLETE iL.tG:V—IVivU�L'�i:a! tR CIS i . t.IP.ROV=M=VT C!STR!CT N0_4—1 AUc. !aze I acr-c cam-_ ti- , , ROUTE B i -�,ti *z ?cco EASTEMN TRA,NSN1:SSi y � t O�\:-� •..'... 7i0 •tom- ?i �' R �S SI.. it0 P.' P;io-ros>=r �:-50 ti? r !'j ALTERNATIVE 4A P;1 G, r CLOS_D :1!' R�SERV:O? = SYSTEm c� ROUTE A �- Jt3 ' ELEV SSO Q i PUy:F .N j:l d_i = v• 30 �. U;,.:T;;•: STATION P , 75 Y�.G STATIO 3 J. Pio- 4-2' P R 0?JS_�t_ .-. 1.5 ice° RE-S�KS ELE V 450 3 QN _ /" } qr-\ 7 _��� % r - l Z. r APPr Lo Troy. 50 HP CLOSEQ SYSTcJ.? 'CLOSED PRESSU.?e zoo:=_ - . SYSTEN4 STA-i-IG,'•f r' NVQ ¢0 Ila4- LEGENa �� r 1-A iSF. PNl�SE CO).aLETE iL.tG:V—IVivU�L'�i:a! tR CIS i . t.IP.ROV=M=VT C!STR!CT N0_4—1 AUc. !aze I acr-c cam-_