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.
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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;
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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
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