15-0203_MOULTON NIGUEL WATER DISTRICT_License AgreementLICENSE FOR SEWER CONNECTION BETWEEN LICENSOR. MOUL.TON
NIGUEL WATER DISTRICT AND LICENSEE THE CITY OF SAN JUAN
CAPISTRANO (North West Open Space)
TIA
THE LICENSE is made and entered into this
day of 2015, by and
between MOULTON NIGUEL WATER DISTRICT, hereinafter referred to as
"MNWD", formed and existing pursuant to the California Water District Law,
Divisionl3 of the Water Code of the State of California, and the CITY OF SAN JUAN
CAPISTRANO, a municipal corporation of the State of California hereinafter referred
to as "SJC". MNWD and SJC may be referred to in this License individually as "party"
or together as "parties".
A. SJC proposes to develop, maintain and operate a public park and
public recreational facilities at an 11 acre parcel, known as the North West Open
Space, All of which are hereinafter referred to as "NWOS".
B. All of the NWOS is located in SJC, and not within the boundaries of
MNWD.
C. SJC does not have a sewer system that can accommodate the
wastewater output of the NWOS, nor could SJC accommodate any wastewater
output from the NWOS without the construction of a pumping facility and force main
sewer pipeline.
D. SJC desires that MNWD provide wastewater disposal facilities
including treatment capacity for use by SJC for SJC's sewer service to the NWOS,
in addition to a connection currently in place for sewer service from the NWOS well
discharge line.
E. As an accommodation to SJC, MNWD agrees to grant SJC a license
to permit SJC to dispose of wastewater generated by the use of the NWOS into the
MNWD sewer system through connection to the 36- inch Oso Trabuco Trunk
Sewer, a pipeline facility owned by MNWD and Santa Margarita Water District
(SMWD) and operated by MNWD, with subsequent disposal to the SOCWA J. B.
Latham Treatment Plant (sometimes referred to for purposes of this License as the
"MNWD Sewer System"), under the terms and conditions described specifically in
this License.
....... .. ......:.. .
k
IN CONSIDERATION of the promises and mutual covenants contained
herein, the parties agree as follows:
1. License. MNWD agrees SJC has the right and license to permit the
NWOS to dispose of its wastewater in the MNWD Sewer System described in this
License, subject to the limitations on such license and use set forth in this Section
and in accordance with the other terms and conditions in this License. To the extent
there are any existing connections to MNWD's sewer system currently used by the
NWOS (or, by parcels owned by SJC and used for public park and recreation
purposes adjacent and i or related to the NWOS), the terms and conditions of this
License are made applicable to such existing connection and parcels.
2. Location of Connection. The connection between the Oso Trabuco
Pipeline and the proposed 8 -inch sewer lateral pipeline servicing NWOS to be owned
and operated by SJC (the "SJC Sewer Pipeline") shall be at a proposed sewer
manhole located in the central west edge of the NWOS. The general location of the
point of this connection is depicted in Exhibit "A." The final, specific location shall be
approved by the Director of Engineering and Operations of MNWD prior to any
construction or installation of connection facilities; provided, SJC remains
responsible for the design and planning of the connection facilities and shall
indernnify MNWD therefore pursuant to Section 7 and MNWD assumes no
responsibility or liability therefore by reason of its' review and or approval of such
connection,
3. Maintenance_caf_ the SJC Sews„ Rr Pipeline. The design, planning,
.
construction, operation and maintenance of the SJC sewer pipeline servicing the
NWOS shall be the responsibility of SJC, and such activity shall not materially affect
or interfere with MNWD's (and SMWD's) continued use of the Oso Trabuco Pipeline,
or any other sewer facilities owned, operated or used by MNWD.
4. Cal2acity and Units Served, SJC agrees that no buildings other than
the one existing historic residential structure, and two planned restrooms in the
NWOS park will be served through the Oso Trabuco Pipeline connection and the
MNWD Sewer System. SJC further agrees that no additional buildings or structures
in the NWOS of any kind will be served by the Oso Trabuco Pipeline connection or
the MNWD Sewer System pursuant to this License without the prior written
permission of MNWD, and may be subject to amendment of this License, as
determined by MNVVD in its sole discretion. SJC acknowledges and agrees that
at all times SJC wastewater flows in the MNWD Sewer System will be subservient
to the requirements of MNWD.
5. Fees. SJC agrees that prior to, or concurrently with, the MNWD Director
of Engineering and Operation's approval of the connection location referred to in
Section 2 above, SJC shall pay MNWD all applicable sewer connection fees in
amounts set forth by the MNWD Sewer Connection Fee Schedule current at that
time. No other fee obligations will be due to MNWD related to the servicing of the
property.
6. Ccar fiance with pules and f7e elation. SJC, as the owner and
operator of the NWOS public park and related facilities referred to in this License,
agrees to comply with and abide by, all rules and regulations of MNWD and those
imposed by any governmental authority or public agency relating to the SJC Sewer
Pipeline, the MNWD Sewer System, and sewer service to the NWOS. SJC further
agrees that it shall meet all wastewater discharge requirements and conditions of
any applicable NPDES permits and all MNWD/ SOCWA pre-treatment ordinances
and permits to ensure that the NWOS's wastewater delivered to the MNWD Sewer
System is free of any substance which would preclude MNWD from meeting and
complying with any waste discharge requirements or any condition of any applicable
NPDES permits and pre-treatment ordinances and rules. SJC agrees that for
purposes of ensuring such compliance, SJC is the enforcing agency should any
enforcement action be necessary as to the NWOS property, and that any sewage
spills as a result of operation of the SJC Sewer Pipeline and the connection
to the Oso Trabuco Pipeline shall be SJC's sole responsibility including all cleanup,
reporting and other requirements that apply under all local, State and federal law,
rules and regulations, permits, orders or any other regulatory requirements in effect.
7, Indemnity. SJC agrees to indemnify, defend and hold harmless MNWD
and MNVVD's directors, officers, employees and agents from any and all claims,
costs, liabilities, attorneys fees or damages incurred by MNWD arising out of or
resulting from, or in connection with, the provisions of sewer service to the NWOS
including SJC's use of the connection to the Oso Trabuco Pipeline and of the MNVVD
Sewer System, including but not limited to penalties or fines imposed by a regulatory
agency and/or court, In the event any claim or legal action is asserted against
MNWD as a result of, or any regulatory proceeding is conducted relative to, sewer
service to the NWOS including SJC's use of or discharge to the connection to the
Oso Trabuco Pipeline and the MNWD Sewer System, SJC agrees that it shall defend
MNWD and its' directors, officers, employees and agents, and shall be responsible
for payment of any fines or penalties, and for satisfaction or judgment, whether by
decree, settlement of court order, including but not limited to any penalties or fines
imposed by a regulatory agency, or through any regulatory proceeding, and any
attorneys fees or costs.
8, Grant Funding. The parties acknowledge that portion of the Oso Trabuco
Pipeline was funded by grants from the United States Environmental Protection
Agency (EPA) and the State Water Resourced Control Board (SWRCB).. In the
event the EPA of SWRCB questions, challenges, or in any other manner raises
doubts as the utilization of the Oso Trabuco Pipeline by SJC, or requests refunding
of any prior grant funds by reason thereof, SJC agrees that is shall disconnect the
SJC Sewer Pipeline and any related facilities from the MNWD Sewer System upon
written request by MNWD.
9. Termination Health and SafetL. in addition to the termination right set
forth in Section 8, in the event MNWD determines the continued acceptance of
wastewater from NWOS to the MNWD Sewer System raises health or safety
concerns, MNWD shall have the right to terminate this License upon six (6) months
prior written notice to SJC; provided, in the event of a health or safety emergency, or
regulatory mandate, MNWD will be required to provide only that prior notice
reasonably possible under the circumstances.
10. Attorney's Pees. If either party hereto commences any action to enforce
any provision of this License, the prevailing party shall be entitled to reasonable
attorney's fees.
11. Successor's „A��€q,�rrrent. This License will be binding upon and inure to
the benefit of the parties' successors hereto. SJC shall not assign its rights and
obligations hereunder without the prior written notice to, and the written consent
of, MNV1D.
12. Waiver. The failure of either party to insist on compliance with any of the
terms, covenants, or conditions of this License by the other party shall not be deemed
a waiver of such terms, covenants or conditions, nor shall any waiver or relinquishment
of any right or power conferred by this License 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.
13. severability. If any part of this License is held to be illegal or unenforceable
or void for any reason by a court of competent jurisdiction, the validity of enforceability
of this License as a whole shall not be affected and the remainder and all other
provisions of this License shall be given affect to the maximum extent permissible by
laver.
14. Entire A reernenV Recitals. This License supersedes any and ail
agreements between the parties with respect to the subject matter herein, and contains
the entire agreement between the parties with respect to those matters. The parties
agree the above Recitals are true and correct, and the Recitals are incorporated
herein and made a part of this License.
15. Amendment. No addition to or modification of any provision contained in
this License shall be effective unless fully set forth in a writing signed by both parties.
16. Notice, Any notice required or permitted to be given hereunder shall be
deemed to have been validly given or made only if in writing and when received by the
party to whom it is directed by personal service, land delivery, or united States Mail
as follows:
If to MNWD; Mr. Marc Serna, Director of Engineering and
Operations
Moulton Niguel Water District
27500 La Paz. Road
Laguna Niguel, CA 92677
If to SJC. Mr, Keith Ilan Der Maaten, P.E.,
Public Works and Utilities Director
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
17. Facsimiles and Counterparts, This License may be executed by the
parties in counterparts, which counterparts shall be construed together and have the
same effect as if all the parties had executed the same instrument. Counterpart
signatures may be transmitted by facsimile, email, or other electronic means and have
the same force and effect as if they were original signatures.
18. No Third Party Beneficiary. Nothing contained in this License is
intended to confer, nor shall this License be construed as conferring, any rights,
including, without limitation, any rights as a third -party beneficiary or otherwise,
upon any entity or person not a party to this License.
Rher pay may dmnge As WI ss above at any Tne by vvkmi noUce to the Wher.
N VOTNESS VVIEREOF, Me paMes We& have, executec.l this, Lconse as of the date
Ust WHen above
NIOULTON NIGUEL WATER DISTRIC, E'
None Lpbpi, General Manag6w&
AF'PROVED AS TO 1"ORWI�
Bowie, /',npson,
"Vilr
v & G,wnoi�ne
z
CITY OF SAN JUAN CAPSTFANO
By 'o -c"
Derek Reeve, Mayor