25D - AGMT FOR JOINT USE SEWERAGE FACILITIES

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AGREEMENT FOR JOINT USE OF SEWERAGE FACILITIES THIS AGREEMENT FOR JOINT"USE OF SEWERAGE FACILITIES (the "Agreement") is made and entered into to be effective as of the day of , 2017_ (the "Effective Date") by and between the Garden Grove Sanitary District ("District"), a subsidiary district of the City of Garden Grove, and the City of Santa Ana ("City"), a municipal corporation. District and City are sometimes individually referred to as "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, the District and City both own, operate, and maintain sewerage facilities within their respective jurisdictions; and WHEREAS, it is necessary for District and City to enter into this Agreement to ensure effective operation and maintenance of sewerage facilities, protection of the public health and welfare, compliance with the Statewide Waste Discharge Requirements, and equitable cost sharing between District and City, for jointly used sewerage facilities. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises herein contained, it is hereby agreed by and between the District and the City, as follows: 1. SHARED SANITARY SEWERS. (a) Cgpacity Rights. City hereby grants to District, and District hereby grants to City, capacity rights, subject to the provisions of this Agreement, in those shared sanitary sewers located within the territorial jurisdictions of City and District, respectively, the locations of which are shown on Exhibit "A" and described on Exhibit "B" attached hereto. District and City agree to use the shared sewers only to transport wastewater from those areas specified on Exhibit "A" as tributary to the shared sanitary sewers. The Parties agree to notify the other party if wastewater is transported outside the area depicted on Exhibit "A". The diversion, release, or transmission of wastewater from any other area into the shared sanitary sewer facilities by either Party, without express written consent of the other Party, shall be deemed to be a breach of this Agreement, provided that (i) the non -breaching Party provides written notice to the breaching Party which explains with particularity the nature of the claimed breach, and (ii) within thirty (30) days after receipt of said notice, the breaching Party fails to cure the claimed breach or, in the case of a claimed breach which cannot be reasonably remedied within a thirty (30) day period, the breaching Party fails to commence to cure the claimed breach within such thirty (30) day period, and thereafter diligently complete the activities reasonably necessary to remedy the claimed breach: The shared sanitary sewers, or portions thereof, shall be deemed to be at capacity when the measured peak dry weather flow has a depth equal to the following percentage of the sewer diameter, as verified through flow monitoring: 25DRIS 579683.1