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HomeMy WebLinkAboutReso 1963-3262Resolution No. 3262 Spring Valley Outfall Sewer .ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 3rd day of December ` 19.63 5y the following vote,to-wit:- AYES: COUNCILMEN Smith :DeGraa£, McMains, McAllister Menzel NAYES: COUNCILMEN 'None ABSENT: COUNCILMEN None Mayor of the City 'of C ula Viata ATTEST `~' ~ -~--~-_~-~~c.~.~.cf~f'~~!® City Clerk ~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA } I, KENNETH P. CAMPBELL, City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, taue and correct copy of and that the same has not been amended or repealed. DATED: City Clerk 2624-2125-R Spring Valley Sanitation District _.. CONTRACT ` 1i0. 26.24-2125 R (3nlerence n6ove num oei w .:,~.r AGREEMENT S3E?'WF,EN THE CITY OF CHUI;A VISTA, Communication teearoing this coiiL aa) THE CTTY OF SAN DIEGO AND THE SPRIiQG VALLEY SANITATION DISTRICT OF THE COUNTY O.F SAN DIEGO FOR THE USE OF DISTRICT' S OUT.FALL SEir1EI3 THIS AGREEMENT, made and entered into this C n~ ti day of ~77a~C~9 , 19~~ , by and between the CTTY OF SAN DIEGO, a municipal corporation, sometimes hereinafter called "San Diego", the CITY OF CHULA VISTA, a municipal corporation, sometimes herein- after called "Chula Vista", and the SPRING VALLEY SANITATIOid DISTRICTP, a county sanitation district, sometimes hereinafter called the "District", W I T N E S S E T H: STATEMENT OF PURPOSE 1. The District, is now constructa.ng and will complete an outfall sewer (hereinafter referred to as the "outfall Sewer") from the District's existing treatment plant to a connection with the San Diego Metropolitan Sewerage System (hereinafter referred to as the "Metropolitan System") near the intersection of U. S. Highway 101 and the Sweetwater River, vrhich said outfall sewer is being constructed with the proceeds, of the sale of xevenue bonds of the District issued pursuant to Chapter 5, Part 3, Division 5 (Sections 4950, et seq.) of the Health and S~fety'Code o.f the State of California. ._ '- - ?_. The District has enacted -Ordinance ~No.~ 6 provdding for sewer service charges for ttte discharge of sewage through the .P- ~ _,~.G, .~ f outfall sewer. 3. Section 51 of said Ordinance No. 6 and Covenant No. 8 of Section 20 of Ordinance No. 5, pursuant to vahich said bonds were issued, provide that the District may lease capacity rights in said outfall sewer or any part thereof to one or more cities, pursuant to, Article 8, Chapter 5, Part 3, Division 5 o.f said Health and Safety Code (Sections 5060, et seq.). 4, The District finds that it may lease capacity rights to said outfall sewer to Chula Vista without impairing the usefulness thereof . 5. Chula Vista and ,.the District deem it mutually desirable and advantageous for Chula Vista to lease the use of District's outfall sewer for the transportation and disposal of sewage, subject to the terms, conditions and restrictions hereinafter set forth. 6. Said outfall sewer was designed and is being constructed specifically to serve the territory within the. Spring Valley Sanitation District and adjacent areas and, in addition, was designed and is being constructed to serve the Sweetwater River Basin as shown on the map hereto attached and marked Exhibit "A", irre- spective of whether said Sweetwater River Basin or portions thereof a._-1 are annexed to the Spring Valley Sanitation District or became ~~ ' a~.;paart of the City of Chula Vista or some other municipal corpo ~. - `, ration or public district authorized to. provide sewer service. Although under the aforementioned ordinances of the Spring Valley _2_ r` Sanitation District and provisions of the Health and Safety Code, the District is restricted in.,leaSing capacity rights in said outfall sevaer to a period of fifteen years, it is contemplated that at the end of such fifteen year period there will continue to be capacity :available for lease to serve. the aforementioned • Svaeetwater River Basin. 7. Pursuant to ari agreement between the City of San Diego and the Spring Valley Sanitation District described as "Sewage Disposal Agreement of .1960" and dated February 7, 1960, the Dis- trict has the right to discharge up to six million gallons of sewage daily into the Metropolitan System from District's sevaer lines. 8. Pursuant to a similar agreement between the City of San Diego and the City of Chula Vista dated V[inF• /; / %~ / as amended, the City of Chula Vista has the right to discharge up to 22.20 million gallons of sewage daily into the Metropolitan System from Chula Vista's sewer lines. 9. Pursuant to an agreement between the City of San Diego . and the Spring Valley Sanitation District described as "Agreement between the Spring Valley Sanitation District and the City of _, San Diego re Spring Valley Sanitation District Outfall Sewer" and dated April 11, 1962, San.~Dego:`has tYe` right to discharge sewage 5.nto various segments o£ the Spring Valley Sanitation District outfall sewer as more particularly;~set forth in said agreement. 10. The parties hereto are agreed that all sewage orig- inating in Chula Vista which is ultimately discharged into the Metropolitan System through Spring Valley Sanitation District's .. -3- outfall sewer shall be charged against rights in said Metropolitan System and into District's outfall sewer from San said outfall sewer which is ultimately politan System shall not be charged age rights in said Metropolitan System. CYiu1a Vista's capacity that all sewage discharged Diego's connection into discharged into the Metro- ~.inst District's capacity 11. This agreement, therefore, shall establish the rights, privileges-and duties of the parties concerning the use of the District's outfall sewer by Chula Vista; the construction and maintenance of connections to said outfall sevrer by Chula Vista; specify the area within the City of Chula Vista to be served by the Spring .Valley Sanitation District's outfall sewer under the terms of this agreement; set standards governing waste discharge and sewage flow; establish rent, fees and charges and the methods for determining them; and establish the formula used in ascertaining the amount of sewage discharged into the District's outfall sewer which is to be charged against Chula Vista's capacity rights in and to the Metropolitan System. 12. It is recognized that there exists a.certain agreement between the parties hereto dated February 13, 1962, a true copy of which is on file in the office of the City Clerk of Chula Vista, as a part of Resolution No. 2747 adopted January 2, 1963.. These ,.. agreements shall be considered as separate and distinct agreements - _•~~ and the purposes of the agreement dated February 13, 1962, are not included in the subject matter for purposes of this agreement and there is no intent of the parties by execution of this agreement _4_ • to merge, override or supersede the said agreement dated February 13, 1962. NOW THEREFORE, the parties hereto agree as follovrs: Section 1. This agreement shall take effect upon written notice by District's Engineer filed vaith the City Council of Chula Vista that the District's outfall sewer has been completed, that the San Diego Metropolitan Sewerage System has commenced operation and that Chula Vista rriay proceed to discharge sewage into the District's outfall sewer pursuant to this agreement. Section 2. The District hereby grants to Chula Vista for a period oi' fifteen years, commencing from the effective date of this agreement, the right to connect Chula Vista's sewer lines to District's outfall sewer and thereafter discharge sewage into it for transportation, subject to the following terms, conditions and restrictions: Section 3. CONNECTIONS. Chula Vista, at its sole expense, ' shall construct, install, maintain, repair, replace and/or reconstruct all connections and appurtenances to the District's outfall sewer installed or constructed by Chula Vista under the terms of this agreement. Section 4. ENGINEER'S A~YPROVAL. The location, installation, ~° ._ construction, repair (except emergehcy';Srepairs) replacement and%or ,_ reconstruction of_each and-'every such 'connection and`appurtenance ~: .. shall be according to plans and specifications first approved by -5- the District's Engineer. Section 5, MAP, Prior to the consts~rction or installation of any such connection, Chula Vista shall furnish the pistrict a map showing the area to be served by said connection. The area shown on said map shall be the only area served by such connection under the terms of this agreement, and in no event shall Chula ' Vista allow any areas not shown on said map to be served by such connection. Subjeot to the .imitations hereinafter set forY,h, and partic- ularly the limitations set forth in Section 7, the area shown on any such map and to be served by a connection may be enlarged at any time by the filing of a nevr map showing additional area to be served and payment of the area charge specified in Section 11. Section 6. AREA TO BE SERVED. Only that area which is within t'tie City of Chula Vista and within the Sweetwater River Basin or immediately adjacent to said Sweetwater Basin and capable of being served by a sewerage system within said Sweetwater Basin by gravity flow sewers shall be served by District's outfall sewer under the terms of this agreement; provided however, that in the event Chula Vista annexes and incorporates within its boundaries areas lying within said Sweetwater River Basin or said areas immediately _- adjacent to said Sweetwater River Bs sin, which are not incorpo- y~,: ra-tsd,~within the, boundaries of Chula Vista on the effective date . , _ _. of this agreement, said areas, on the date of such annexation, shall become eligible to be served by District's outfall sewer _(_ ;. •- ~,.: under the terms of this agreement; provided, f`urthex°, however, that areas outside of such areas as above described may be served on a temporary basis with the written consent of District°s Engineer which written consent shall specify such area and the duration of such temporary service. Chula Vista and District agree that for purposes of this agreement the boundaries, extent and limit of said Sweetwater River Basin shall be as delineated on the-"plat atY,aehed hereto and marked Exhibit "A" which by this reference is made a part of this agreement. In no event shall Chula Vista permit property other than that above in this Section 6 described to connect to or otherwise to be served by District's outfall sewer through sewer lines or connections owned or operated by Chula Vista. Section 7. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE. A. All sewage discharged into the District's outfall sewer shall meet the standards established by the City of Sah Diego pursuant to Seotion 6 of the aforementioned Sewage Disposal Agreement of lg6o. Chula Vista shall not discharge into District's outfall sewer any sewage or wastes which do not meet the standards established by and for the District under appropriate ordinances, resolutions, rules or regulations. Chula Vista shall regulate and prohibit the discharge into`any,,sewerJ'11ne connected to and served by District's outfall sewer.of. sewage.,ahd.wa'stes.whc,h_,_do.not meet _ - - , the quality and standards so established by the District. Chula Vista shall also comply with the applicable statutes, rules and -7- regulations of agencies of the United States of F.merica,,the State of California, and the City of San Diego having jurisdiction over the collection, transmission, treatment and disposal of sewage and wastes. B. Chula Vista sYiall not allow excessive inf9-ltration or any surface or storm waters to be discharged into any sewer system or facilities served by District°s outfall sewer. Chula Vista shall not allow cooling waters or other unpolluted industrial waste to be discharged into such sewer system or facilities without the written consent of District thereto. Section 8. METERING. If at any time during the term of this agreement the daily flow of sewage into District's outfall sewer from Chula Vista's sewer lines increases to a point where it is deemed necessary or desirable by the Board of Directors of the District to measure all or a portion of such flow, the District shall make written demand on Chula Vista that Chula Vista install any and all such meters as District deems necessary or desirable. Within 180 days after receipt of such demand, Chula Vista shall, at its sole expense, install such meters at the locatiorYs specified by the District and such meters shall be of a type and installed in a manner approved by District's Engineer. Chula Vista may at its .'~a;,,. own discretion install meters to measure all or any portion of the ,~...,,.. sewage discharged into District's outfall sewer from Chula Vista's connections. to said sewer. Such meters as are installed shall be operated and maintained by District in good working condition for _g _ the duration of this agreement, and District shall render reports of the metered flow to Chula Vista quarterly, Section g. PEAK FLOW. For the purposes of this agreement, "peak flow" shall mean the maximum instantaneous discharge of sewage expressed as a rate of flow in cubic feet per second (cfs). During the term of this agreement Chula Vista shall have the right to discharge peak flow into the District°s outfall sewer not to exceed 17.64 cubic feet per second, acid the District shall have the obligation to receive such peak flow from Chula Vista. Temporary increases in the permitted peak flow resulting from rainfall shall not be considered violations of this agreement; provided, however, that the District is not obligated to receive from Chula Vista nor is Chula Vista privileged to discharge into District°s outfall sewer any amounts in excess of the total permitted peak flows under this agreement which would endanger the public health or safety. If Chula Vista exceeds the permitted peak flows on more than a temporary basis and such, excess is caused by a defect in the sewer system of Chula Vista capable of being corrected or the excess is paused by the discharge into the sewer system of Chula Vista by a sewer user of a large°quantity of sewage in a short period of time, then Chula Vista shahh`~causei~such defect to be corrected to prevent the-:exc`ess or,:shall.~cause~:the sewer user+rto construct and operate appropriate facilities to spread the dis- charge of sewage into its sewer system so as to reduce the peak -9 - flow to tYae permitted quantity. Tf the excess over the permitted peak flow results from an increase in the quantity of sewage not contemplated by the District and Chula Vista and does not arise from any causes hereinabove mentioned, Chula Vista shall forthwith make such ad,~ustments in its sevaerage system as are necessary to reduoe the peak flow to-the permitted quantity. Tf the excessive peak flow from Chula Vista's connections to District°s outfall sewer cause tree District to exceed if:s pera miffed peak flow into the Metr°opolitan System as determined by Section 21 of the "Sewage Disposal Agreement of 1960" between the District and San Diego, and because of such excess the District is required f;o pay additional sums of money to San Diego for such excess capacity use as specified .in said Section .21 of said agree- ment, Chula Vista shall reimburse the District for that portion of -. such amounts which are allocable to Chula Vista's excess peak flow. Section 10. INFTLTF~ATTCN. It is understood and agreed that there will be inflow of water into District's outf'a11 sewer because of leakage between the point or points at which the sewage from ' the public agencies using said sewer is delivered to District's ou9>fall sewer and the connection of the outfall to the Metropolitan System. The District shall estimate the total waters that infiltrate ~b, x +;-,• the District°s outfall sewer (sometimes referred to herein as "infil- z`~ ~,tration'µ);°~and,aportion the same among all of such users in the .. .. `.~~' proportion that the amount of sewage discharged into the District's outfall sewer by each such user bears to the total amount of sewage discharged into the District's outfall sewer by all of such '..<'';I -10- users of said sewer, The amount of infiltration apportioned to ,`,~ each such user shall be deemed a part of the sewage of such user for all purposes. Section 11. AREA CF.ARGE. Prior to the construction or installation of each connection into District's outfall sewer, Ch=a1a Vista shall pay to the District a connection charge of (ine-Hundred and Thirty Dollars ($130.0®) per gross acre for each acre of land (including s~reets, easemer_ts and all public and private lands) within the area to be served by said connection as shown oxz the map filed pursuant to Section 5 of this agreement, In the event of fractions of an sore said sum shall be prorated accordingly. It is contemplated that if this agreement is renewed for additional 15 year periods this gross acreage fee will not be charged for any land for which an acreage fee was previously oha:r°ged and paid. Seotion 12. SERVICE CHARGE. (a) Chula Vista shall pay to the District a service charge of Forty Cents ($0.40) per month for each family unit within the City of Chula Vista that is served by a sewer system con- netted to the District's outfall sewer, which ses°vice charge shall be computed as follows: ~ - (1) The term "family:uni " as:'.used mn;,this agreement shall mean a single family;, dwelling unita'or each single family ~- ~d'welling unit in a duplex, multiple dwelling or apartment hcuse, provided, however, where a hotel, motel, trailer court, tom- mercial establishment or other type of enterprise or operation - -11- wY?ich normally generates a larger volume of sewage than a single family dwelling is being served by District's outfall sewer, 'the District's Engineer shall assign to each such hotel, motel., trailer court, commercial establishment or other type of enterprise or operation an equivalent number of family units in propos°tion to the estimated amount of sewage generated then°eby compared to that normally generated by a single family dwelling and said number of family units so assigned shall be used in computing the amount of sewage discharged into the District°s outfall sewer. Said assign- ment shall be made for each such commercial, establishment, enterprise or operation being served by District°s outfall sewer on the date when sewage is first discharged from Chula Vista's sewers into District°s outfall sewer under. the terms of this agree- ment. Thereafter, upon the connection of any such commercial establishment, enterprise or operation to a sewer line being served by District°s outfall sewer, or upon the change in use of any property within Chula Vista which is served by District's outfall sewer, which change in use would affect the volume of sewage gene" rated by such property, Chula Vista shall report to the District the date of such connection or change in use and District Engineer shall thereupon assign an appropriate number of family units to ~~ , °-~•, such property. ;ax ,,,, ,,<<,;:;;'(2), Chula Vista shall report to District quarterly V . tYie number of family units within Chula. Vista being served by District°s outfall sewer. -12- (3) the service charge for each month shall be based upon the number of family units being served at the commencement of the quarter within which such month falls. (b) Notwithstanding the foregoing, at such time as and to the extent that meters are installed pursuant to Section 8 of this agreement, the provisions of subparagraph (a) shall be superseded by this subparagraph (b) as to such metered cons;ec;tions and Chula TJista shall pay to District, in lieu of 'che amounts determined by said subparagraph (a), a service charge per_mi.llion gallons of sewage received by the District's outfall sewer through Chula Vista's metered connections to said outfall sewer which amounts shall include a proportionate share of the infiltration allocable to Chula Vista in accordance with Seotion 1.0 of this agreement. Said charge shall be 110 of the amount the City of San Diego charges the Spring Valley Sanitation District per million gallons of sewage discharged by the District into the Metropolitan System under the aforesaid Sewage Di.sposaL Agreement of 1960. District shall report to Chula Vista quarterly the amount of sewage dis- charged into District's outfall sewer. (c) Said service charges computed by District in accordance with either subparagraph (a) or (b) or`b`oth, shall b2 paid quarterly by Chula Vista to the District within tYiirrty (~30`) days after presen- tation of a bill for said charges,by District _" ,+: (d) It is understood by the parties hereto that the service charge computed pursuant to either subparagraphs (a) or (b) is -13 - to Dover the District's prorated share of the maintenance and operation costs of the San :Diego Metropolitan Sewerage System '::i which the District must pay to the City of San Diego under the terms of the aforementioned "Sewage Disposal Agreement of 1960" between the District and the City of San Diego, plus a share of the Districts costs in maintaining and operating the District's out- - fall senor. The service charge may therefore be increased or decreased from time to time by the District in direct proportion to any increase or decrease in costs to the District in maintaining said outfall sewer or to any increase or decrease in the payments by the .District to the City of .San Diego for the maintenance .and operation of the San Diego Metropolitan Sewerage System, A copy of the Districts annual audit report of revenues and expenditures shall be f°urnished Chula Vista upon request, . Section 13. CHARGE AGAINST CAPACITY RIGHTS TN METROPODITAN SYSTEM. (a)' All sewage discharged into District's outfall sewer through Chula Vista's connections, under the terms of this agree- ment and thereafter discharged into the San Diego Metropolitan Sewerage System, and all infiltration allocable to Chula Vista ~4f~-; as determined by Section 10 of this agreement, shall be charged I ,F-zs tagainst Chula Vista's capacity rights in and to the metropolitan ~ _. ~ systemya:s-.sueh.'rghts have been determined by that certain agree- ~ ,. .. i '%° went between the City of San Diego and the City of Chula Vista j entit7:ed "Sewage Disposal Agreement of lg6d" and dated to-i?e 1, i /~! ~ ~ The average flow of such sewage to be so charged _1~~, j I I i against Chula Vista's capacity rights shall be determined as follows: t (1) The amount of infiltratiorb allocable to Chula .. Vista for the fiscal year-(as said fiscal year is.specified in • said 'Sewage Disposal Agreement of 1960") as determined pursuant to Section 10 of this agreement, shall be divided by the number ,• of days in said fiscal yeax• and the result shall be added to the average daily flow of sewage as determined by subparagraphs (2) a.nd (3) of this Section 13. (2) That portion of the sewage discharged into District.'s outfall sewer through Chula Vista's corneotions to said outfall sewer during the fiscal year (as specified in said "Sewage Disposal Agreement of 1960"), measured by meters pursuant to Section S of this agreement, shall be divided by the number of days within said year. The result shall be added to the result of said Paragraph (3) of this Section 13. (3) That portion of said sewage not measured by meters shall be determined by the family unit system a,s specified in Section 12 of this agreement. The average ntunber of family units served daily under the terms of this agreement shall be multiplied by 265 gallons. Said average shall be computed by averaging the number of family units being served by ~tfie'-`District's outfall sewer, as reported quarterly during the fiscal`gear-°'(,as;specified in said "Sewage Disposal Agreement of 1960`'') by."Chula-Vista"pursuant"'to __ ,~., Section 12 of this agreement. ~- (b) The amount of sewage to be charged against the District°s capacity rights in and to the Metropolitan System under the afore- mentioned "Sewage Disposal Agreement of 1860° between the City of San Diego arid'the Spring .Valley Sanitation District, shall be computed kky dividing the total number of gallons of sewage and in- filtrated waters discharged into the Metropolitan System from the District°s outfall sewer during the fiscal year (as specified in said "Sewage Disposal Agreement of 1860") by the number of days within said year and subtracting therefrom the amount of sewage allocable to Chula Vista as computed in accordance with subdivision (a) of this Section 13;- the amount of sewage discharged into said outfall sewer by San Diego pursuant to Sections 6, 7 and g of. that eertain agreement between the District and San Diego, entitled "Agreement Between Spring Valley Sanitation Distriot and ' the-City of San Diego re Spring Valley Sanitation District Outfall. Sewer" and dated April 11, 1862, as said agreement has heretofore or as it hereafter may be amended; the amount of sewage discharged .into said outfall sewer by other agencies pursuant to other sueh agreements divide d. by the number of days within said fiscal year. Section 14. .TRANSFER OF TERRITORY. If, because of annex- atioh, transfers, consolidation or other cause, any territory ,r~ witYiin-the City of Chula-Vista served by the District's outfall sewer,is,•trarisferred to another jurisdiction, Chula Vista shal L °'..remain responsible and be charged for the sewage and infiltrated. waters f'rorn such territory discharged into the District's outfall -16- t~ ;, ;;: line as provided in this agreement until tkae parties hereto execute an appropriate amendment to this agreement transferring such responsibility and the obligation to make payments pursuant to this agreement to such other jurisdiction. Section 15. REPAIR, RECONSTRUCTION AND REPLACEMENT. The District°s outfall sewer shall be maintained by District in good repair and good working order in accordance with sound engineering practices., It shall be the duty of the District to make repairs on said outfall sewer and to make replacements (including recon- struction) required. to keep such outfall sewer in good operating condition. Exoept as provided in Sections 16 and 17 hereof, all repairs, reconstruction and replacements shall be part of the maintenance costs. Section 16. MAJOR RECONSTRUCTION, REPLACEMENT Ofi REPAIRS.. Notwithstanding the provisions of Section 15 hereof, if, as a result of disaster, operation of Federal or State law or other causes beyond the District's control, it becomes necessary for the District to undertake major reconstruction, replacement or repairs of said outfall sewer or any portion thereof, Chula Vista shall reimburse the District for a }proportionate share of the costs of such reconstruction, replacement or repairsi'M`r>The amount to be paid by Chula, Vista to the District shall bear the same ratio to the total costs of such reconstructiorn, replacement' or;repalrsas the; _ amount of sewage discharged into District's outfall sewer from Chu1.a Vista's connections to said outfall sewer bears to the total -17- amount of sewage discharged into said outfall sewer at the time when said reconstz°uction, replacement or repairs become-necessary, the amount of sevaage discharged into Di.striot's outfall, sewer by Chula Vista shall be deemed to be the amount of, sewage .allocable to Chula Vista as last computed for purposes az" Section 13 o.f this agreement. Any obligation on the part of San Diego to contribute for a proportionate share of such costs of reconstruotion, replace® ment or repairs shall be governed by the provisioz2s of that certain agreement between San Diego and the District entitled "Agreement E?etween Spring Valley Sanitation District and the City of San Diego re Spring Valley Sanitation District Ou~fall Sewer" and dated April 119 1862, Section 17. NEW CONSTRUCTION TO T7-~ SAN DIEGO METROPOLITAN SE1nrF,RAGE SYSTEM. In the event that the City of San Diego elects under Section 14 of the '"Sewage Disposal Agreement of 1960" between the District and San Diego, to construct additions or improvements to the San Diego Metropolitan Sewerage System and said additions and improvements are used by the District in connection with the use or operation of District's outfall sewer, Chula Vista shall reimburse the District for a proportionate share of any costs of :y.w such additions or improvements which the District is required to ' y „, pay;,, to San Diego under the terms of said "Sewage Disposal Agreement ;- Y of, .a96o ~''.~; The.:proport,ion of the costs to be paid by Chula Vista to ~_._ :~~~ ~- . ~4 ~ .. . -the District shall bear the same ratio to the total costs to the. - District of such additions or improvements as the amount of sewage -18- discharged into District°s outfall sewer from Chula Vista°s cor~nec- Lions to said sewer bears to the total amausat of sewage discharged ' into said outfall sewer on the date when the District first uses such additions or improvements, which amount shall be deemed to be -' the amount of sewage allocable to Chula Vista as last computed for purposes of Section 13 of this agreement. Section 18. INTERRUPTION OF SERVICE. In the event of an interruption of service to Chula Vista by the District°s outfall sewer, as a result of disaster, operation of State or Federal law, discontinuance of or interruption of service to the District of the San Diego T+Ietr•opolitan Sewerage System, or any other cause beyond the control of the District, District shall bear no liability and shall be held free and harmless by Chula VLS to from any, c7 aims -= and liabilities for any injury to or damage to any person or persons or property or for the death of any person or persons arising from or out of such interruption of service or f°or any other daanages or costs incurred by Chula Vista as a result of such inter- ruption of service. Section 19. P.RBITRATION. Except as otherwise provided herein, all controversies arising out of the interpretation or application of this agreement or the refusal of;'ether party to perform the whole or any part thereof shall~be;settled'_by-.;arbtra- tion in accordance with the provisions ofd this~r_s_ectioh~-and•=.vahere-°not ~'~- provided by this section in accordance with the state 'cry pro- visions of the State of California then in.foree. The controversy, ~'~9 - shall be submitted to a board of three (3) arbitrators which shall be appointed, one by Chula Vista, one by the District and the third by the first two. The party desiring arbitration shall notify the other party by a varitten notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it has appointed its nominee, and (4) that it requests the other party to appoint its nominee. Within thirty (30) days ' from the receipt of said notice the other party shall appoint its nominee. Within fifteen (15) days after the last'party has appointed its nominee the two nominees shall appoixrt the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or have any contract with, or be an officer or employee of, either party. The arbitration board shall hold at least one hearing and at least ten (10) days before said hearing shall give each party written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each party shall be given an opportunity to be heard and to present evidence. =-:Upon conclusion of the hearing or hearings the arbitration board ~~,sha7;1=reduce their findings of fact, conclusions of law and the _:• award, to,'writ;ing' and~~sriall sign the same and deliver one signed copy.; thereof to each public agency, Such award shall be final and. binding upon both parties.. A majority finding shall govern if the i i -20- ~ I arbitrators' determination is not unanimous. Each party shall pay its own expenses, including the expenses'of the arbitrator which it. nominates, .The expenses of the third arbitrator and the admin- istrative costs of the arbitration proceedings shall be shared equally. Any controversy which can be determined by an Engineer's findings and which under this section could be submitted to arbi- tration may, if the parties thereto agree in variting to do so, be submitted to a named engineer who shall be the sole arbitrator, Such engineer shall be a member.of the American Sooiety of Civil Engineers and shall be disinterested as hereinbefore in this section required of arbitrators on an arbitration board. k3e.shall proceed in the same. manner and shall make findings, conclusions -and an award in the manner provided herein for an arbitration board. Section 20, NO'PICE, Notices required or permitted under this agreement shall be sufficiently given if in writing and if' either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement. Section 21.. LIABILITY. Nothing herein contained shall operate to relieve Chula Vista of any liability4fbr damages to persons or property arising from or out of the nstal3at~on;`~boh- _ struction, operation, maintenance,-'repair:;'•replacemeht"and/or _ reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of Chula Vista or of its officers, agents or employees in connection therewith. Nothing herein contained shall operate to relieve District of °21° any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of District or of its officers, agents ~r employees in connection therewith. Section 22. INDEMNITY - INSURANCE. To the extent it may legally do so, Chula Vista shall defend and save and hold free and harmless the District and its agents, officers and employees from any claims, liabilities, penalties or fines for injury to or damage to any person ar property or for the death of any person arising from or out of any act or omission of Chula Vista, its agents, officers, employees or contractors, arising from or out of any defects in the installation, consts°u.ction, operation, main- tenance, repair, replacement and/or reconstruction of said sewer connections and/or appurtenances, Pursuant thereto Chula Vista shall take nut and maintain public liability insurance with an insurance carrier authorized to do business in the State of Calif- ornia to protect against loss from liability imposed by law fox° damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or per`s ons_~whatsoeper resulting directly or indirectly from any act ;_ ~cr:aotivities of ChulaVl•sta or any person acting for Chula Vista or under Chula Vista's control or direction, and also to protect against any loss from lability imposed by law for damages to I -22- any property of any person caused directly or indirectly by or° from acts or activities of Chula Vista or any person acting for Chula Vista or under Chula Vista's oontrol or direction. Such public liability and property damage insurance shall be main- taiized in full force and effect during the entire term of this lease in the amounts of not less than $500,000 for one person injured in one accident and not less than $1,000,000 for more than one person injured in one accident and in the amount of not less than $250,000 with respect to any property damage afore- said. Said insurance shall be in form satisfactory to the County Counsel of San Diego County, The insurance policies shall have ° a non-cancellation-without-ten (10) day-notice-to-District ' clause and shall provide that copies of all cancellation notices shall be sent to District, If Chula Vista does not keep such in- suranoe in full force and effect,, District may take out the necessary insurance and pay the premium, and such amounts so paid by the District shall become a part of the rental and be paid as such by Chula Vista on the next day upon which rent becomes due, To the extent it may legally do so, District shall defend and save and hold free and harmless Chula Vista and its agents, officers and employees from any claims, liabilities;penalties or fines for injury to or damage to any person or;~proger`,ty~or=for the death of any person arising from or out+ of any.,aet or ;omission of ,'y- _,';=;i District, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, -23 - . ~,<; operation, maintenance, repai.,r, replacement and/or reconstruction of said sewer connections and,/or appurtenances. Pursuant thereto District shall take out and maintain public liability insurance with an insurance carrier authorized to do business in the State of California to protect against loss from liability imposed by law for damages on account of bodily injury, including death resulting therefrom, suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indir°ectiy from any act or activities of District or any person acting for District or uxxder District's control or direction, and also to protect against any loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of District or any person acting for .District or under District's control or direction. Such public liability and property damage insurance shall be maintained in full force and effect during the entire term of this lease in the amounts of not less than $500,000 for one person injured in one accident and not less than $l,OGG,000 for more than one person injured in one accident and in the amount of not less than $250,000 with respect to any property damage afore- said, Said, insurance shall be in form satisfactory to the County Counsel of San Diego County. The insurance policies shall have -a-non=cance3lat-ion-without-ten (10) day-notice-to-District clause and,shall'.provide that,.,copies of al.l cancellation notices shall oet.'sent to Chula Vista. If District does not keep such insurance in full force ah~ effect, Chula Vista may take out the -24- necessary insurance and pay the premium, and such amounts so paid by Chula Vista shall become a part of the rental and be paid as such by District on the next day upon which rent becomes '.ue. Section 23. TIME OF ESSENCE. Time is of the essence of this agreement. Section 24. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to any party, or to any other person or circumstance is for any reason, held invalid, it shall be deemed sever~.ble and the validity or the remainder of the agreement or the application of such provision to the other parties or to any other persons or circumstance shall not be affected thereby. Each party hereby declares .that it would Yiave entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words, or the application thereof to any party or any other person or circumstance be held invalid. IN WITNESS WHEREOF', the parties hereto have caused this instrument to be executed by their respective officials pursuant to resolution adopted by the Board of Directors of tYie Spring Valley Sanitation District daTFi(' YY~a.-chi/, /~~~y;,Resolution No. ~i`,'~62adopted by the City Council of the City,,-. of :Sari Diego dated MAR 311964 _;~~and Resolution`.No ?~ ~ ~G>a -25- adopted by the City Council of the City of Chula Vista dated / ~.3 ~'~~~ Approved as to ~' rm and legality this ;-.,,t_r- day of ~'/%e i ~ , 1963, City A brrey of th ity of San ,D go„ ~; Approved as to form and legality this ~ Y day of ~er.~.r, 6e.r 1963. ~ti~` C. y orney of the City of Chula Vista Approved as to form and legality this ~,7~*~ day f f'1')~r c-~--, i96a~' BERTRAl`~McI~EESp--County Counsel B y D ~y ~y f u~:tly', H:! = .. -rye.:.-_ ..,t. T'rIE CITY OF SAN DIEGO By ~ ~.~~~ ger / Assistant / CITY OF CHULA VISTA BY iy~~ ~ ~ ~~.~ i„ ~~ SPRING VALLEY SANITATION DIST m irman o he Board of Directors