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HomeMy WebLinkAboutOlivenhain Municipal Water District; 1981-05-21;J n AGREEMENT BETWEEN OLIVEN-”IA MUNICIPAL WATER DISTRICT AND COSTA REAL MUNICIPAL WATER DISTRICT FOR THE EMERGENCY EXCHANGE AND TRANSPORTATION OF WATER This Agreement is entered into by and between OLIVENHAIN EWNICIPAL WATER DISTRICT, a municipal water district organized and functioning pursuant to the Nunicipal Water District Law of 1911, Water Code fi71000 et seq., (hereinafter referred to as Olivenhain) and COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water district organized and functioning pursuant to the Municipal Water District Law of 19U, Water Code 571000 et seq., (hereinafter referred to as Costa Real). A. Olivenhain and Costa Real are members of the San Diego County \‘later . Authority and are eligible to use water furnished by the Metropolitan Water District of Southern California through the San Diego County Water Authority to. nember agencies. B. Both parties desire by this agreement to provide emergency intercon- nections for the exchange of water betwzun the Districts and further desire to consolidate all emergency interconnections into one all-inclusive agreement. NON, THEREFORE, in consideration of the recitals and mutual covenants, the Districts agree as follows: 1. The locations, terns and conditions of the emergency interconnections affected by and incorporated into this agreement are as follows: 1.1 Interconnection #1: This interconnection is located in Nueva Castilla Way approximately 500 feet south of La Costa Ave. This is an unmetered -1 - A' connection for emergency use only subject to the water use con- ditions and payment. as agreed upon in paragraphs 2, 3, and 4 below. 1.2. . Interconnection #2 : This interconnection is located in biadero St., This is an unmetered approximately 800 feet south of La Costa Ave. connection for emergency use only subject to the water use conditions and payment as agreed upon in paragraphs 2, 3, and 4 below. 1.3 Interconnection Jt3: This interconnection is located in La Costa Ave. approximately 100 feet east of the intersection with Romeria St. This is an unmetered connection for emergency use only subject to the water use conditions and payment as agreed upon in paragraph 2, 3, and 4 below. 1.4 Interconnection #4: This interconnection is located. in La Costa Ave. approximately 350 feet east of El Camino Real and connects the two District systems through the Plaza de la Costa Real commercial center. This interconnection will be a. metered, automated valve (check-valve) designed to actuate automatically when the pressure on the Olivenhain side drops below a predetermined setting. vault belong to Costa Real and the meter will be read by Costa Real- Since Olivenhain's pressures exceed Costa Real's, the valve setting will be accomplished by Olivenhain, including the original setting. Any changes to the setting will be the respdnsihility of Olivenhain to The automated valve and its notify Costa Real. 2. In the event of an emergency, either District may request a delivery of Kater through any of the above mentioned interconnections. Such requests will be -2- automatically accommodated in the event of fire. elrents such as wash-outs necessitating long-term interruption of service, such requests will be automatically accommodated through the initial phase of restora- In the case of other catastrophic tion of service. nent service will be governed by paragraphs 3, 4, and 5 below. Arrangements for the long-term repairs and restoration of perma- Such water shall be water received from the San Diego County Water Authority and shall be charged to and paid for by the District receiving the water. 3. The Districts will endeavor to deliver to each other water at an estimated rate of flow of 700 gallons per minute, but neither District warrants or agrees that it will be able to furnish any specific quantity or rate of flow of water. emergency after supplying and protecting the needs of its own customers. Each District will endeavor to supply as much water as possible in an 4. The obligation of either District to deliver water to the other District under the terms of this agreement will be contingent upon the availability of sufficient capacity of the other District's distribution system to neet the receiv- ing District's demands. Either District will give the other District written notice of any anticipated limization which will restrict the delivery of thl: water to less than an estimated 700 gallons per minute. 5. Payment for the water received pursuant to this agreement shall be accom- plished as follows: 5.1 The District receiving water through the connection will pay the other District a fee which will be established by mutual agreement of the Districts and shall cover all operation and maintenance costs of the supplying District. determine need for revision. Such rates will be reviewed periodically to - 3- A 5.2 The District receiving water will issue appropriate written orders to the San Diego County Water Authority to effect payment in replace- ment water for water delivered by the furnishing District's system to the receiving District. The District receiving the water shall im- plement this action upon receiving a billing from the furnishing District. If the orders required by this subpasagraph are not given, . either District may terminate this agreement by furnishing five days written notice to the other District. . 5.3 The Districts mutually agree that the San Diego County IJater Authority is not responsible for the recovery of water exchanged under the terms of this agreement. 6. This agreement may be modified or amended by the parties hereto at any time; such modifications or amendments must be mutually agreed upon and executed in writing; no verbal modifications or amendments shall be effective. 7. This agreement may be terminated by either party upon written notice to the other at least one year in advance of the date specified in such termination not ice. 8. The terms and obligations set forth herein constitute a full and entire agreement between the parties, and any verbal representation made at or prior to This agreemmt are of no force and effect. -4- .- 9. The effective date of this agreement executed in counterparts is May 21 > 19 81 . (S E A L) (S E A L) 0LIVE"AIN bWNICIPAL WATER DISTRICT ._ COSTA REAL MUNICIPAL WATER DISTRIm -5-