09-1103_SOUTH COAST WATER DISTRICT_Agr for the Term. of the Water Svc & Lease of Cap. RightsAGREEMENT FOR THE TERMINATION OF THE WATER SERVICE AND LEASE OF
CAPACITY RIGHTS AT DEL OBISPO AND THE ESTABLISHMENT OF AN
EMERGENCY INTERCONNECTION BETWEEN CITY OF SAN JUAN CAPISTRANO
AND SOUTH COAST WATER DISTRICT AT DEL OBISPO
This Termination of the Water Service Agreement and Lease of Capacity Rights at Del
Obispo connection and the Establishment of an Eme_rgpncy Interconnection at Del Obispo
("Agreement") is entered into is to be effective the - s� °� da of �`a
�......_....:- Y �# 2009 by
and between the South Coast Water District ("SCWD"), a water district organized and
existing under the County Water District Law, Water Code §§30000 etseg., in its capacity
as operator of the Joint Regional Water Supply System (formerly known as the Joint
Transmission Main) and the City of San Juan Capistrano, a municipal corporation ("City").
SCWD and City are sometimes collectively referred to in this Agreement as the "Parties".
RECITALS
A. SCWD is the designated operator of a certain "Joint Regional Water Supply
System," (JRWSS) a domestic water pipeline that conveys water imported from the
Metropolitan Water District of Southern California. The JRWSS main extends from the
Coastal Junction at the terminus of the East Orange County Feeder No. 2 to the Brandt
Reservoir located in the City of San Clemente. The parties that hold capacity or property
rights in the JRWSS Main have designated SCWD as operator pursuant to a "Joint
Exercise of Powers Agreement to Operate and Maintain -the JWRSS Main dated March 31,
2000. SCWD replaced the Tri -Cities Municipal Water District ("TCMWD") as operator of
the Joint Transmission Main, effective March 31, 2000;
B. City and SCWD previously entered into that certain Water Service Agreement
and Lease of Capacity Rights Re Dei Obispo Connection, dated November 21, 2000,
pursuant to which City agreed to the lease capacity for delivery of water from the Joint
Transmission Main for a value of $60,000 per year ("Lease of Capacity") attached by
reference; City wishes to end its Lease of Capacity and has provided the SCWD with the
requisite notice of its intent; and obtain an Emergency source of water supply to certain
areas within its boundaries via the existing Del Obispo Connection effective June 30, 2009,
C. The City desires now to utilize the Del Obispo Connection strictly for
emergency water effective June 30, 2009;
NOW THEREFORE in consideration of the mutual covenants and conditions herein
contained, the parties hereby agree as follows:
AGREEMENT
1) Water Supply. Subject to the terms and conditions of this Agreement, during an
Emergency, and if SCWD in its own discretion has the capacity in the JRWSS main;
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SCW D agrees to provide water to City; using the Del Obispo connection.
2) Emergency. For the purpose of this Agreement an "Emergency" will be defined as
an unusual service disruption including, but not limited to a line break or construction that
disrupts the normal means of providing service.
3) Location of Del Obispo Connection. The Del Obispo connection is located within
the public right of way of Del Obispo Street, approximately 690 feet north of its intersection
with Stonehill Drive.
4) Construction of Facilities. The Del Obispo connection is an existing connection,
requiring no modifications at this point.
5) Ownership and Maintenance of the Facilities. The water meter vault, water meter,
the Pressure Reducing Valve (PRV), collectively "the Del Obispo connection," and the
pipeline from the Del Obispo connection into the CITY system will be owned, maintained,
and operated by CITY. CITY shall on. an annual basis perform independent flow
comparison testing and the results of same shall be provided to SCWD. CITY shall
provide access to the meter for regular SCWD reading of the meter. SCWD in its capacity
as the operator of the JRWSS main will operate and maintain the JWRSS main that
supplies the Del Obispo connection.
6) Fees and Payments. The Parties hereby agree to terminate the Water Service
Agreement and Lease of Capacity Rights at Del Obispo connection. The fiscal year
ending June 30, 2009 will be the last year for which the annual lease payments are due.
Starting July 1, 2099, and subject to the terms and conditions of this Agreement, SCWD
will sell water to the CITY at the prevailing MWDOC water rates and charges, including
cost for peaking charges. Should peaking charges occur during any period wherein CITY
is using the Del Obispo connection, CITY shall provide daily readings for meter usage
during said period and JRWSS personnel of the SCWD will assess such usage and
peaking charges shall be transmitted to CITY if appropriate.
7) Interruptible Water Supply. The parties acknowledge and agree that SCWD's sale
of water to CITY for its 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
the participants in JRWSS require the water for their 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 party is obligated to indemnify the other party from
and/or against as set forth in Section 9 below.
9) Indemnitor. 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
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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 this
Agreement. Notwithstanding the above, SCWD's obligation to supply emergency water is
in its discretion as to the availability of such water, and in no event shall SCWD's
termination of CITY usage be grounds for any claim that said termination has resulted in
negligence in the operation of the JRWSS.
10) Insurance. Each party will maintain their own insurance as required by law.
11) 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.
13) 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
power for all or any other times.
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.
15) 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:
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if to SCWD: Mr. Mike Dunbar, General Manager
South Coast Water District
P.O. Box 30205
Laguna Niguel, CA 92607-0205
If to City: Eric Bauman, Utilities Engineer
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,
18) 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.
19.) Termination. Except for the termination of the Water Service Agreement and tease
of Capacity Rights at Del Obispo Connection, which small be final, either party may
terminate this Agreement at any time upon five days notice to the other.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed.
Date; ,). , 2009
ATTEST:
By: k,�
Secretary
U111=1 r ► • •OT
CITY OF SAN JUAN CAPISTRANO
By:.
Mark Ni Isen, Mayor
APPROVED A TO FORM:
City Attorney, Omar Sandoval
SOUTH COAST WATER DISTRICT
By:4a4l'14�M
Dunbar, General Manager
67
General Counsel
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