Loading...
1981-0816_ORANGE COUNTY WATERWORKS DIST #4_AgreementAGREEMENT FOR SALE AND LEASE OF OCEAN OUTFALL LINE THIS AGREEMENT is made and entered into this 13th day of August, 1981, by and between the CITY OF SAN JUAN CAPISTRANO (hereinafter "CITY"), the DANA POINT SANITARY DISTRICT (hereinafter "SANITARY DISTRICT"), and ORANGE COUNTY WATERWORKS DISTRICT NO. 4 (hereinafter "WATERWORKS DISTRICT") . WITNESSETH: WHEREAS, CITY and SANITARY DISTRICT are the owners of a waste water outfall line which is located in Dana Point, California, known as the DANA POINT --SAN JUAN CA.PISTRANO OCEAN OUTFALL (hereinafter "OUTFALL"), and WHEREAS, said OUTFALL is no longer needed .for the transmission of waste water because of construction of a new outfall Line by the Southeast Regional Reclamation Authority; and WHEREAS, WATERWORKS DISTRICT is desirous of acquiring OUTFALL; and WHEREAS, OUTFALL is owned by CITY and SANITARY DISTRICT in the following percentages: CITY 45.250 SANITARY DISTRICT 54.75° NOW, THEREFORE, the parties hereby agree as follows: 1. CITY and SANITARY DISTRICT hereby, by the execution of this Agreement, effective the date of this Agreement, lease OUTFALL to THATERWORKS DISTRICT for 55 vears. The lease payments shall be $4,000 per year, paid annually, in advance, prier to January 1 of each year, until such time as WATERWORKS DISTRICT uses said line. Thereafter, the lease payments shall be at the rate of $8,000 per year. WATERWORKS DISTRICT shall make pro rata payments for the remainder of calendar year 1981. The payments due pursuant to this Agreement shall be paid directly to CITY and SANITARY DISTRICT with CITY to receive 45.25% of each payment, and. SANITARY DISTRICT to receive 54.75% of each payment due. No adminis- trative costs shall be deducted from any payment. 2. CITY and SANITARY DISTRICT further grant to WATERDIORKS DISTRICT an option to purchase said OUTFALL forthe sum of $612,019.23. WATERWORKS DISTRICT may exercise the option to purchase said OUTFALL at any time during the lease upon giving written notice to CITY and SANITARY DISTRICT of its desire to exercise said option and by tendering the purchase payment to CITY AND SMTITARY DISTRICT. This option shall be: exercised by. WATEM%1ORKS DISTRICT at such time as it has received sufficient funds, by grant or otherwise, to purchase said. OUTFALL. All sums heretofore paid. by WATERWORKS DISTRICT for lease of said OUTFALL shall be credited against the purchase price. -2- 3. WATERWORKS DISTRICT shall hereinafter be responsible for maintenance of OUTFALL and shall hold CITY and SANITARY DISTRICT free and harmless from any loss, damage, liability, cost or expense that may arise or be caused in any way by use, operation or failure of OUTFALL, and shall further indemnify CITY and SANITARY DISTRICT for any such loss, damage, liability, cost or expense that may arise or be caused in any way by use, operation or failure of OUTFALL. 4. Notice Any notice provided for herein shall be given in writing and transmitted by personal delivery by prepaid first class mail addressed as follows: CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, California DANA POINT SANITARY DISTRICT 34152 Del Obispo Dana Point, California ORANGE COUN'T'Y WATERWORKS DISTRICT NO. 4 31301 Andres Pico Road San Juan Capistrano, California IN WITNESS WHEREOF, the parties have executed this Agreement on the date first hereinabove written. CITY OF SAN .YUAN CAPISTRANO R Mayor ity C?_er; -3- DA14A POINT SANITARY DISTRICT P Osid.et ORANGE COUNTY WATEPJ,F7ORKS DISTRICT NO. 4 h,i -11 i pr 'chwartze, Cha? rt�an ' a' l _ By Cecelia Vasquez, C1 yr ohe Board AUGUST 13, 1981 SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA The Special Meeting of the City Council of the City of San ,Tuan Capistrano, California, was called to order by Mayor Schwartze at 7:30 A.M. ROLL CALL PRESENT: Phillip R. Schwartze, Mayor Lawrence F. Buchheim, Mayor pro tem Anthony L. Bland, Councilman (arrived at 7:32 A.M.) Gary L. Hausdorfer, Councilman ASSENT; Kenneth E. Friess, Councilman STAFF PRESENT: Stephen B. Julian, City Manager; William D. Murphy, Director of Public works; Mary Ann Hanover, City Clerk. APPROVAL OF AGREEMENT FOR ACQUISITION OF SEWER OUTFALL (79) It was moved by Councilman Buchheim, seconded by Councilman Hausdorfer and unanimously carried to approve the Agreement between the City, Orange County Water Works District #4, and the Dana Point Sanitary District for acquisition of the Dana Point/San .Tuan Capistrano sewer outfall. There being no further business before the Council, the meeting was adjourned at 7:39 A.M. to the next regular meeting date of Tuesday, August 18, 1981, at 7:00 P.M., in the City Council Chamber. Respectfully submitted, ATTEST: PHILLIP R. SCHWARTZE, MAYOR MARY ANN HANOVER, CITY CLERK -1- 8/13/81