2012/09/19 Eastern Municipal Water District (EMWD) Quail Valley Septic System Mitigation EXHIBIT"B"
MEMORANDUM OF UNDERSTANDING FOR SEPTIC SYSTEM MITIGATIONS BETWEEN EASTERN
MUNICIPAL WATER DISTRICT, ELSINORE VALLEY MIUNICIPAL WATER DISTRICT, THE COUNTY OF
RIVERSIDE, THE CITY OF MENIFEE,THE CITY OF CANYON LAKE,AND THE QUAIL VALLEY
ENVIRONMENTAL COALITION FOR THE QUAIL VALLEY SUBAREA 9 PHASE 1 SEWER SYSTEM PROJECT
This Memorandum of Understanding ("MOU") is made and entered into this 19th day of September,
2012, between and among EASTERN MUNICIPAL WATER DISTRICT, a public agency (hereinafter
"Eastern"); ELSINORE VALLEY MUNICIPAL WATER DISTRICT, a public agency (hereinafter "Elsinore"),
THE COUNTY OF RIVERSIDE, a political subdivision of the State of California ("County"), THE CITY OF
MENIFEE, a municipal corporation (hereinafter "Menifee"), THE CITY OF CANYON LAKE, a municipal
corporation (hereinafter "Canyon Lake"), and THE QUAIL VALLEY ENVIRONMENTAL COALITION, a non-
profit organization (hereinafter "QVEC"). Eastern, Elsinore, County, Menifee, Canyon Lake, and QVEC
are hereinafter sometimes referred to individually as a Party and collectively as the "Parties."
RECITALS
WHEREAS, the Quail Valley Subarea 9 Phase 1 subdivision is a residential disadvantaged community
originally built in the 1960s. The community is located in the boundaries of Menifee, along the
southerly boundary of the City, as shown and depicted as the "Project Site" on the map attached hereto
as Exhibit"A"; and
WHEREAS, the Phase 1, Project site is comprised of 225 lots on approximately 63 acres. Each lot varies
in size from 6,000 square feet to one-half acre. All residences rely on individual septic systems that
often fail during the wet season posing a documented health concern with the potential to come into
contact with Canyon Lake, which serves as an intake water storage reservoir for Elsinore Valley
Municipal Water District; and
WHEREAS, in light of the severity of the situation and the urgent need to design and construct sewer
system facilities to replace the failing septic tank systems, Eastern is preparing the design of a sewer
system to replace the existing septic tank systems (the "Quail Valley Subarea 9 Phase 1 Sewer System
Project," or"Project'),with Eastern being the lead agency; and
WHERAS, to fund a portion of the construction of the Project, Eastern is preparing an application to the
Santa Ana Watershed Project Authority ("SAWPA") for a grant in the amount of up to Seventy Five
percent (75%) of the total Project costs, which are estimated to be Five Million Six Hundred Thousand
Dollars ($5,600,000) under the One Water One Watershed ("OWOW") Program; and
NOW,THEREFORE, in consideration of the above recited premises,which are incorporated herein by
reference, together with the mutual covenants herein contained and attached hereto, it is agreed that: /
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AGREEMENT
1. EASTERN'S RESPONSIBLITIES. Eastern shall be the lead agency for the construction of the
Project in accordance with the Plans and shall have primary responsibility for inspection and
construction of the Project. Eastern shall be the grant recipient and administrator for the
OWOW grant. Eastern shall also be responsible for choosing and paying (with grant and
matching funds) for a contractor to complete the demolition, abandonment, and connection
work contemplated under the Project. Eastern will provide the Match Funding of at least Twenty
Five percent (25%) of the total costs for the Project. Match Funding may include planning and
design costs incurred by Eastern after September 30, 2008. It is anticipated that Eastern will own
and operate the gravity collection lines upon completion of the Project. Eastern shall ensure
that all of the Parties are named as additional insured under any policy of insurance related to
construction of the Project.
2. ELSINORE'S RESPONSIBILITIES. Elsinore will endeavor to cooperate with the Parties's efforts to
collaborate on portions of the Project, and will make every effort to support and assist any
undertaking to eliminate further contamination to the groundwater basin and Canyon Lake
Reservoir, a potable water supply for Elsinore.
3. COUNTY'S RESPONSIBLITIES. County, through its Environmental Health Department, shall be
responsible for collaborative planning efforts for the Project, and will support and assist the
effort to eliminate further contamination to the groundwater basin and Canyon Lake Reservoir,
a potable water supply for Elsinore.
4. MENIFEE'S RESPONSIBILITIES. Menifee shall be responsible for supporting, assisting and
collaborating in planning efforts for the Project to eliminate further contamination to the
groundwater basin and Canyon Lake Reservoir, a potable water supply for Elsinore.
5. CANYON LAKE'S RESPONSIBILITIES. Canyon Lake shall be responsible for collaborative planning
efforts for the Project, and will support and assist the effort to eliminate further contamination
to the groundwater basin and Canyon Lake Reservoir,a potable water supply for Elsinore.
6. QVEC'S RESPONSIBILITIES. QVEC shall be responsible for collaborative planning efforts for the
Project, and will support and assist the effort to eliminate further contamination to the
groundwater basin and Canyon Lake Reservoir, a potable water supply for Elsinore.
7. ALL PARTIES' RESPONSIBLITIES. The Parties agree to collaborate on an outreach program to
encourage the affected residents to connect to the Project.
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8. NOTICES. Any written communication required or permitted to be given hereunder will be
deemed received upon personal delivery or 48 hours after deposit in any United States mail
depository, first class postage prepaid, and addressed to the party for whom intended, as
follows:
If to Eastern: Eastern Municipal Water District
PO Box 8300
Perris,CA 92572-8300
Attn: Paul D.Jones II, General Manager
If to Elsinore: Elsinore Valley Municipal Water District
31315 Chaney Street
Lake Elsinore, CA 92531
Attn: Ron Young, General Manager
If to County: County of Riverside
Department of Environmental Health
PO Box 7600
Riverside,CA 92503
Attn:John Watkins, Deputy Director
If to Menifee: City of Menifee
29714 Haun Road
Menifee, CA 92586
Attn: William Rawlings, City Manager
If to Canyon Lake: City of Canyon Lake
31516 Railroad Canyon Road
Canyon Lake, CA 92587
Attn: Richard Rowe, Interim City Manager
If to QVEC: Quail Valley Environmental Coalition
30098 Red Barn Place
Canyon Lake, CA 92587
Attn: Scott Mann, President
9. GENERAL. This MOU contains the entire agreement between the Parties with respect to the
matters herein provided for and may only be amended by a subsequent written amendment
executed by all parties. This MOU may be executed in counterparts, each of which shall be
deemed an original but which together shall constitute a single agreement.
10. INDEMNIFICATION.—In contemplation of the provisions of Section 895.2 of the California
Government Code imposing certain tort liability jointly upon public entities solely by reason of
such entities being parties to any agreement as defined by Section 895 of the Code,the Parties
hereto, pursuant to the authorization contained in Section 895.4 and 895.6 of the Code, agree
that each Party shall be liable for any damages including, but not limited to, claims, demands,
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losses, liability, costs and expenses including reasonable attorneys fees, resulting from the
negligent of wrongful acts or omissions of their employees or agents in the performance of the
MOU, and each Party shall indemnify,defend and hold harmless the other Parties from such
demands, damages, losses or liabilities for their negligence.
11. INVALIDITY; SEVERABLITY. If any portion of this MOU is declared invalid, illegal,or otherwise
unenforceable by a court of competent jurisdiction,the remaining provisions shall constitute in
full force and effect.
12. SUCCESSORS AND ASSIGNS. This MOU shall be binding upon and inure to the benefit of the
successors and assigns of the parties hereto.
13. SIGNATURE CLAUSE. The signatories hereto represent that they have been appropriately
authorized to execute this MOU on behalf of the Party for whom they sign.
[End =Signatures on Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this MOU
EASTERN MUNICIPAL WATER DISTRICT CITY OF MENIF
By: By: V
Paul D.Jones II, General Manager J hn V. Denver, Mayor
Date: Date: Q
ppro 6d as to r orm
Jose p tc e , ity Attorney
ELSINORE VALLEY MUNICIPAL WATER DISTRICT CITY OF ANY N LAKE
By: By:
Ron Young, General Manager Richard Rowe, Interim City Manager
Date: Date:
COUNTY OF RIVERSIDE QUAIL VALLEY
DEPARTMENT OF ENVIRONMENTAL HEALTH ENVIRONMENTAL COALITION
By: By:
John Watkins, Deputy Director Scott Mann, President
Date: Date:
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