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Home My WebLink AboutSAWPA - Late Communication 1259164.11259164.11203421.1 SECOND AMENDMENT TO WASTE WATER INTERCEPTOR CAPACITY AGREEMENT This Second Amendment to Waste Water Interceptor Capacity Agreement is entered into by and between the Santa Ana Watershed Project Authority (“SAWPA”) and the Orange County Sanitation District (“OCSD”). This Second Amendment shall be effective as of FebruaryDecember __, 201876. SAWPA and OCSD are sometimes collectively referred to herein as the “Parties,” and individually referred to as each "Party." RECITALS WHEREAS, on April 12, 1972, the Chino Basin Municipal Water District ("Chino Basin") and County Sanitation District No. 2 of Orange County ("CSD No. 2") entered into the "Waste Water Interceptor Capacity Agreement" (“1972 Capacity Agreement”), and. SAWPA and OCSD, respectively, are the successors-in-interest to Chino Basin and CSD No. 2 under the 1972 Capacity Agreement; and. WHEREAS, on July 24, 1996, SAWPA and County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County entered into the "Wastewater Treatment and Disposal Agreement" (“1996 Treatment Agreement”),. Section C.27 of the 1996 Treatment Agreement amended the second sentence of Section D.8 of the 1972 Capacity Agreement, and. OCSD is the successor-in-interest to County Sanitation Districts Nos. 1, 2, 3, 5, 6, 7, 11, 13 and 14 of Orange County under the 1996 Treatment Agreement; and. WHEREAS, on November 21, 20134, SAWPA and OCSD entered into the “First Amendment to Waste Water Interceptor Capacity Agreement;.” (“First Amendment”); and WHEREAS, the Parties desire to make certain other amendments to the 1972 Capacity Agreement, as set forth below. Now, therefore, the Parties agree to amend the Waste Water Interceptor Capacity Agreement as follows: AGREEMENT 1. The Recitals above are deemed true and correct, are hereby incorporated in this Amendment as though fully set forth herein, and the Parties acknowledge and agree that they are bound by the same. 2. The table in Section D.2 of the 1972 Capacity Agreement is amended and restated in its entirety as follows: Reach % Cost Audited Capital Cost of Reach 1 37.5% 2 43.0% 1259164.11259164.11203421.1 3 49.0% 4 55.5% 5 65.0% 6 81.0% 7 85.5% 8 100.0% A 65.0% B 70.0% C 100% D 100% 3.2. Section D.5 of the 1972 Capacity Agreement is amended and restated in its entirety as follows: 5. Operation and Maintenance Expense. SAWPA shall pay annually, upon billing by OCSD, its proportional share of all operating and maintenance expenses applicable to each reach of the Santa Ana River Interceptor, including ordinary repair and property taxes, but not including depreciation. SAWPA’s proportional share for each reach shall be based on the percentages set forth in Section D.2 above for capital payments. 4.3. Exhibit “B” to the 1972 Capacity Agreement is repealedplaced and restated in its entirety with Exhibit “B” attached hereto. 5.4. Except as expressly provided herein, this Second Amendment does not modify the 1972 Capacity Agreement or the First Amendment. 6.2. This Second Amendment may be executed in one or more counterparts, all of which shall be considered one and the same agreement. ////Signatures continue on following page//// 1259164.11259164.11203421.1 Dated: December __, 20162017 Santa Ana Watershed Project Authority By: Title: Dated: December __, 20176 Orange County Sanitation District By: Title: Dated: December __, 20176 Santa Ana Watershed Project Authority By: Title: Clerk Dated: December __, 20176 Orange County Sanitation District By: Title: Clerk Approved as to Form Dated: December __, 20176 Santa Ana Watershed Project Authority By: Title: General Counsel Approved as to Form Dated: December __, 20176 Orange County Sanitation District By: Title: General Counsel 3Q !R!R!R!R !R!R !R !R!R!R!R !R!R !R !R !R !R!R !R !R!R!R!R!R !R !R !R !R!R !R !R !R !R !R!R!R !R !R !R !R !R !R!R !R !R !R !R !R !R !R !R !R !R !R !R !R!R!R !R !R !R !R !R !R !R !R !R !R !R!R !R !R !R !R !R !R !R!R!R !R !R !R!R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R !R!R !R!R !R!R !R !R !R !R !R !R !R !R !R!R !R !R !R !R !R !R !R !R!R!R!R !R!R!R!R !R !R !R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R!R !R!R !R!R!R !R!R!R!R !R!R!R!R!R!R!R ÍB "C` $1 REACH C REACH 1 REACH A REACH B REACH D R CH 2 R C H 4 Treatment Plant No. 1 R C H 3 Reclamation Plant 1 Sources: Esri, HERE, DeLorme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), MapmyIndia, © OpenStreetMap contributors, and the GIS User Community ¯Sewer Mains DistrictBoundary Maintenance Access Structure (MAS) Reach MAS to MAS Percentage SAWPA 1 SAR0345 37.5% 2 SAR0345 to SAR0390 43.0% 3 SAR0390 to SAR0420 49.0% 4 SAR0420 to SAR0450 55.5% A SAR0450 to SAR0700 65.0% B SAR0700 to SAR0811 70.0% C SAR0811 to SAR0815 100% D SAR0815 to SAR0680 100% Treatment Plant No. 13Q !R ÍB Gate Structure "C` $1 Meter Station Yorba LindaSpur OdorStation EXHIBIT "B " Map prepared by Orange County Sanitation District.This map is intended for graphical representation only. No levelof accuracy is claimed for the base mapping shown hereon and graphics should not be used to obtain coordinate values, bearingsor distances. Portions of this derived product contatin geographicalinformation copyrighted by Thomas Brothers. All Rights Reserved. DISCLAIMER 0 1 2 30.5 Miles ABBREVIATIONSRCH - REACHMAS - Maintenance Access Structure