HomeMy WebLinkAboutBuena Sanitation District; 1982-08-17;'FASTER AGRELMUNI TOR UELIVLKY ^"-^
OF NON-POTABLE WATER (RECLAIMED WATER)
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This Agreement is ,made.and entered into this /7Z' day of ATL^.^.
1932, by and between BUENA SANITATION DISTRICT, hereinafter referred to as
"BSD." COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter referred to as "CRMWD»"
and DAON CORPORATION, a Delaware corporation authorized to do business in
California, hereinafter referred to as "Daon."
Recitals
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A. - 'BSDvand Daon have entered ".into certain agreements providing for the
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construction and operation and maintenance qf the.Shadowridge wastewater rec-
lamation project. The reclamation project serves the Shadowridge.development
located in the City of Vista. ' '
B. BSD and Daon have constructed a certain excess effluent transmission
and disposal line -which traverses the service area of CRMWD. . i
C. CRMWp has a potential marketing capability for the sale and distri-
bution of non-potable water vyithin its District service area.
D. It is mutually agreed that there will be available from' time to
time a quantity of non-potabl.e water of satisfactory quality to be utilized
within the CRMW.D service area. ' • . . ' •
E. It is the intent of all of the parties of this agreement'to pursue
a cooperative enterprise .that will result in tho,maximum utilization of the
non-potable water supply that wil.l be generated by the Shadowr'idgp recla-
mation plant. ' . - '. ' \
NOW, THEREFORE, in consideration of the mutual covenants con^tained :
herein, the parties hereto agree as follows: ; , ;
COSTA REAL,^^^^
Ac|rGemen_t_s . >
1. BSD and Daon shall make available to CRMWD a non-potable .water
supply of a certain quantity and quality that can be utilized by !CRMWD
for the several • non-potable water use:; pursuLint Uo the appl icablG jrules
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and regulations that govern the conduct of such rec1aimedwater| service.
.2'. The actual quantity, mode of delivery, and. chemical quality shall
be established by the mutual consent of all parti^es concerned. ' ATI of the'
applicable rules and regulations of the. San Diego Regional Water :Qual ity
Control Board and the California Department of Hc'alth Services shaill be
applicable in the execution of the terms and conditions ofthis agreement.'
3. All parties to this agreement shall from time to time mutually
agree and enter into separate agreements setting forth specific terms and • '• i conditions for the delivery of non-potable water jservice to the ORMWD
service area.
. The provisions of this, agreement are not intended nor shall act
to provide any assurance or guarantee that BSD or Daon will supply non-
potable water to CRMWD other than that which is mutually agreed upon by
separate agreement as provided in paragraph 3 of .this agreement. . ,
5. CRMWD shall have the exclusive right to utilize the,two outlets
that have already been constructed in the effluent transmission and dis-
posal line system. Additionally, subject ;to' the approval of BSD and Daon,
CRMWD shall be granted permission .to construct additional outlets ^along
the pipeline at no expense to BSD or Daon. •
6. CRMWD shall be responsible for and pay all costs associated with
the construction and operation and maintenance of any outlet facilities or
additional water system facilities that are constructed in order'for CRMWD
to transport non-potable water to its several customers. CRMWD wi'll also
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be responsible for the granting of all necessary permits to accomplish the
work within the CRMWD service area. _ '
7. CRMWD shall be responsible for establishing the terms and con-
ditions under which the non-potable water service-is sold to CRMWD customers.
8. The parties understand that the presence of dissolved minerals and
other substances in the non-pot'able water'above certain concentrations can
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be deleterious to its use for irrigcition of landscaping, crops, and other
vegetation. BSD agrees to exercise all reasonable efforts toward ;insuring
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that-the .quality qf water- placed in .the non-potabl e| water system;Will not
be harmful for use on the golf course, green belt, parkway, and aqricul- '
tural irrigation, without undue damage to vegetation. BSD shall:";imit the
increase of dissolved minerals (total dissolved solids) concentrations in
the non-potable water to those levels as may be established by the San
Dieqo Regional Water Qual.ity Control .Board. Said total di ssol ved : sol ids
concentrations shall be,determined on a case by case basis. In addition,
BSD shalVnot permit subs'tances toxic to plant life'to be present;in the
system in concentrations that would be damaging to vegetation be.ing irri-
gated.
9. BSD and CRMWD agree to mutually support'and cooperate, in^efforts
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to provide non-potable water of adequate quality'which may be consistent
with-the betterment of the public health, safety.end general wel.fare as
v;ell as sound .management practices. ^ ]
10. Neither BSD, Daon, nor CRMWD, nor any officer, agent, or employee
thereof, shall be responsible for any damage or liability occurring by
reason of anything done or omitted to be done by-the other under or in con-
nection with any work or obligation performed under this agreement. It is
also understood and agreed that, pursuant to Government Code Sect;ion 895.^^v .
BSD and CRMWLi shall fully indemnify and tiold each other and D.'ion harmVfN^/s..^
from any liability imposed for injury (as defined by Government Code Section
810.8) occurring by reason of anything done or omitted to be done by the
other under or in connection with any work or obligation performed under
this agreement. Specifically-, but not by way of limitation, BSD-shall hold
CRMWD and Daon harmless froni any liability associated with the presence of
impurities or toxic substances in the n'on-potable v/ater delivered i.^y BSD
to CRMWD. ' , i
11. The terms and conditions of this agreement shall apply to,' inure
to the benefit of, and bind the assigns or successors in interest to Daon,
BSD, and CRMWD. . . •
12. Neither BSD, CRMWD, nor Daon shall assign any of its rights, gb-
ligat'ons, or interests in this agreement without prior written consent of
the other. Said written consent shall 'not be required should such assignment
occur by operation of law or judicial process.
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13. Thi s • agree^Tient may not be altered in whole or in part except by
modification in writing executed by all parties to this agreement,'provided
further, th:;t such alteration of this agreement shall not require execution
by Daon should said alteration occur after fifteen (15) years from the date
of this agreement,
Shoul.d tliere be an inab.ility of the parties to agree upon ^any in-
terpretation of term:- of this agreement, the parties shall select one arbi-
trator to settle the difference in interpretation of terms of this agreement,
if the parties can agree on one'arbitrator.. In the event the parties are
unable to agree upon one arbitrator who is satisfacotry to all parties, then
each party shall select an arbitrator and the majority decision of the three
arbitrators shall settle the difference in interpretation of terms of this
agre.e;nent and all parties here--y agree ,to be bound by the majority decision
of the three arbitrators. Any costs connected with the arbitration shall be
shared equally hy all parties. ;
14. In the event of the bringing of any court' action by any party
against another party or parties to this agreement by reason of the breach
of any covenant or condition to be performed by another party or pa'rties to
this agreement, then and in that event the party or^ parties in whose favor
the final judgment shall be entered shall be entitled to have and recover
of and from the other party or parties reasonable attorney's fees an'd costs
to be fixed by the Co.urt wherein such judgment shall be entered. ;
15. If any term, covenant, condition or provision of this agreement is
held by a court o.f competent jurisdicti.on, or by an arbitration proceeding
to be invalid, void, or unenforceable, the remainder of the provisions hereof
shall remain in full force and effect and shall in 'no way be affected, im-
paired, or invalidated thereby.
16. If this agreement results in ;the creation of a possessory'interest,
and such interest is vested in a private party to this agreement, the private
party may be subjected .to the payment of personal property taxes levied on
such interest. : '
" 17. Should there be a reorganization or deannexation resulting in the
function of BSD being repla.ced by Vista Sanitation-District (VSD),!it is the
intent of BSD to assign its rights, duties and obligations under'this agreement
to VSD and' Daon and CRMWD shall consent to said assignment. \ • •_
18. The initial term of this agreement shall .'be'for five (5), years com-
mencing .with the date of execution thereof- Following the initial five (5)
year term, this agreement shall be automatically extended for successive five
(5) year periods unless, at least ninety (90) daysprior to the conclusion
of any such five (5) year' period: any party^ delivers to the other a^written
notice of its intention not to extend this agreement for an additional period.
If such notice is delivered, this agreement shall terminate on the final day
of the then current five (5) year period. ;
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
BUENA SANITATION DISTRICT,
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COSTA REAL MUNICIPAL WATER DISTRICT
By t4A-7K.7C^^>:^->^^t!r/.^By..7. -:>^-. ^,:X
Donald A'. MacLeod, President
By <^c7A 7--
Fred W. Maerkle/ Secretary
DAON CORPORATION
rich ae i K". Kyai
Vice President.Land
APPROVED BY. THE
DISTRICT BOARD OF DlllEaOR?^
AUG 17 1982
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i"I-rnK OF THF nilirRI'T BCHUH l:( DlHff.i''''-
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iH: SUPPLWNTAL AGREEMENT FOR THE SPECIFlWSE
OF NON-POTABLE WATER'(RECLAIMED WATER)
This Agreement is made and entered'into thi.s /"^day of 77^^-^. ^»
' 7
1982, by and between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter' referred
to as "CRMWD," BUENA SANITATION UlSTRlCl, hereinafter referred tu as ."BSD,"
and DAON CORPO.RATION, a Delaware corporation authorized to do business in
a ; • j California, hereinafter referred to as "Don." ' ' ,
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• •, 'Recital5- ' • , : ;
A. Section 2. of'the AGREEMENT FOR DISTRIBUTION OF NON-POTABLE ^(RECLAIMED
WATER) states as follows: ! ' — i
"The actual quantity, mode of delivery, and chemical quality .shal1 be
established by the mutual consent of all parties concerned and all of the
applicable rul.es and regulations of the San Diego Regional Water QuaTity
Control Board and the California Department of Health Services shall .be ap-
plicable in the execution of the terms and condi tioiis of this agreement."
B. Section 3. of the AGREEMENT FOR- DISTRIBUTION OF NON-POTABLE :WATER
(RECLAIMED WATER) states as follows: • ' '
"All parties of this agreement shall from time:to time mutually agree
'and enter into separate agreem.ents setting forth specific terms and conditions
for the delivery of the reclaimed water service to the CRMWD service 'area."
NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties agree as follows:
AGREEMENTS
1. The GUIDELINES FOR THE US.E OF RECLAIMED WATER FOR CONSTRUCTION'
PURPOSES, prepared by the State of' California Department of Health Services
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and submitted by the California Regional Water Quali-ty Control Board--San
Diego Region, and attached as Exhibit A, shall be applicable in the 'execution
of the terms and conditions of this agreement.
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2. ' The non-potable water distribution service .area within CRMWD' shall
be that area as designated by the attached, map, submitted as Exhibit B.
3. BSD agrees to provide non-potable water from the Shadowridge Water
Reclamation Facility at no ,cost to CRMWD, it being understood that this initial
distribution pf non-potable water for beneficial use will be for a limited
period of approximately three months. ;
4. BSD agrees to provide approximately 100,000 gallons [ier (Kiy to CRMWD
for use during this period.
5. The .specific time perio.d of use and other terms and conditions of
non-potable water service will be set forth in a separate agreement 'between
CRMWD and the recipients of the reclaimed water.
IN WITNESS. WHEREOF, the parties hereto have executed this agreem'ent as
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of the day and year first above written. , i
BUENA SANITATION DISTRICT COSTA REAL MUNICIPAL WATER DISTRICT
By /AAAA7A 7AC^7.7:7'777x£/cjy By
nf t
By
• APPROVED BY THfc
ECT BOAr?D OF DIRECTOR^"' /'
By • ( ^
Donald iA. MacLeod, President
17 13827^3 f'^ed W.; MaeVkle, Secretary
DAON-C-ORRORALION
By
By
CLEr,;( OF THE_OISTRI-?,t;:iAKD OF DIRECiriR'
A'X '^A AzxAxz
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suu.'of ..i'ir..n,o : '•A:7my'^i
GUiuai^Jts-H!!; Ti;t lisr or nrci.Aii'Lr | ' ^
1 Recl?in;ed water u^ed for soil cc;:-n,ction. dust ^7^^\ ^"^
construction purposes where the workers or ta, -^^^'^T^A!^,
?ccrss or exposure shall be afall. times an ado'ciuu lely d K,I nf ,c.c ted
oxidized wastewater. The-was tewater shall be, considered-adea.a .ely
di->fected if the median nu~ber of coliform organisms in the -
effi-.-nt does not exceed 23 per TOO milliliters as determined from
th^ b.cterioloaicfll results of the last seven days for whicn an,.lyses
- hav" been completed, and the n'jr:'-ber..of colifonr; orqamsns does noc
exceed 240 per 100 milliliters in any two consecutive .samples..
2 Unless otherwise specified, all appl icabl e sections of the lla'ste-
v;.-e- Recla.nation Criteria must be complied with, includ,no the
desisR, operational, and reliability requ i reiiian ts . ;
a. Exceptions to specified sections of the criteria will be ^cons^dered
by the Department of'Health Services on an mdr^/idual c.ise basis.
ContTo}s_on Hau 1 inc and Use • ' '
1 Use sites m,ust be aporoved by the^ Reaional Hater Duality Control
' Board and the State and local health departmer.ts.
2 Truck drivers should be instructed as to the•reouire~cnts contained
' herein and the potential health hazards involvea witn tne reuse
of wastewater.
3 Tank trucks and other equipment which.centaln or come in contact
wttli reclaimed water should be cTearly identified with warning signs.
Tank trucks used for. reclaimed water should i.e ' Lhorou ghl y! cl baned of
septage- or other contaminants prior to use. ; -• • :
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5. Use of reclaimed water should not create any! odor or other .n.uisance.
6. Reclaimed water should be .confined to the authorized use area.
a Pondinq or runoff of reclaimeci water should not occur ; .
l. Acro.,ol fonnatie. durirr^ une. involving snravmg shoul. be
m i t'liiT.i 2ed .
7. ReclaimcJ water should be apnliec so as to n.event nublic or ei.pleyee
contact with tlie wate.-. [ • • • ; i
•X ''ZXZZZ NOV UlSr
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Rcclaiinod water must not be ' introduced inin any pen"^ne;it pinmc] j
system and no connection sliall be made between.the t.^nk tri.icl: and
any part-of e domestic watei^ system.
9. Tank trucks should be cleaned and dis
co:npl ete.d. • • ' .
10. Tank trucks used to transport reclaim
to carry domestic water.
n fee ted afi-er tfic projec^t lis
d water shall not be used \
SESO616S0
T"
GARLSBAD TRACT NO. 81-10
UNIT NO. !
7. O.S. '^'cx.
— Mot; EXMIBI~
SUPPLEMENTAL AGREEM'ENT
FOR THE SPECIFIC USE
OF RECLAIMED WATER
CNON-POTABLE WATER)
A 7 • VMOMMR 7!7PC'RT
BOUNDAR-Y AND INDEX MAP
\JM TENTATIVE MAP 6i-lOAA
7 0.5. •^'''97 ^ViaNlTY_MAf. uo: •'•0 ^ij.i
CMWD &:-lQ5