HomeMy WebLinkAbout1979-12-18; City Council; Resolution 60001
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RESOLUTION NO. 6000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, APPROVING P!
AGREEMENT BETWEEN THE CITY OF CARLSBAD AND
LAKE CALAVERA HILLS ASSOCIATES FOR CONSTRUCTION
OF A 1.2 MGD CAPACITY SEWAGE TREATMENT AND
WASTEWATER RECLAMATION FACILITY AND NECESSARY
APPURTENANCES AND TO PROVIDE FOR THE FINANC-
ING AND REIMBURSEMENT FOR COSTS OF OVERSIZING
THEREOF, AND AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT.
The City Council of the City of Carlsbad, California, does
hereby resolve as follows:
1. That that certain agreement between the City of Carlsbad
and Lake Calavera Hills Associates for construction of a 1.2
million gallon per day capacity Sewage Treatment and Wastewater
Reclamation Facility and necessary appurtenances and to provde
for the financing and reimbursement for costs of oversizing
thereof,a copy of which is attach,ed hereto marked Exhibit A and
made a part hereof, is hereby approved.
2. That the Mayor of the City of Carlsbad is hereby
authorized and directed to execute said agreement for and on
behalf of the City of Carlsbad.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
City Council of the City of Carlsbad, California, held on the
18th day of December , 1979 - by the following vote, to wit:
AYES: Councilmen Packard, Skotnicki, Anear, Lewis and
Councilwoman Casler
NOES: None
ATTEST: I A &, / f6Ab ALETHA L. RaUTENhRANZ, City C
AGREEMENT BETWEEN CITY OF CARLSBAD,
FOR CONSTRUCTION OF A 1.2 NILLION GALLON CAPACITY
SEWAGE TREATMENT AND WASTEWATER RECLAMATION FACILITY AND
NECESSARY APPURTENANCES AND TO PROVIDE FOR THE FINANCING
AND REIMBURSEMENT FOR COSTS OF OVERSIZING THEREOF.
CALIFORNIA AND LAKE CALAVERA HILLS ASSOCIATES
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e
TABLE OF CONTENTS
Section
RECITALS
Page
1
4 1. DEFINITIONS
2. DEVELOPER'S OBLIGATIONS
A. Construct 5
6 B. Percolation tests
C. Dedications 7
7
8
9
D. Warranty
E. Acquisition of rights-of-way
F. Permits
G. Inspections
H. Compliance with laws
I.
J.
Compliance with the precise development plan
Other responsibilities prior to acceptance
3. DEVELOPER'S RIGHTS
A. Reserve capacity
B. Reimbursement
4. CITY'S OBLIGATIONS AND RIGHTS
A. Set and collect fees
B. Acceptance
C. Inspection
D. Cooperaticn
5. RESERVATION 01 CAPACITY
A. Reservation for Developer
B. Developer subject to growth limitations
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i.
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Page
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6,
7.
C. Discretionary approvals and building permits
PHASING
A, Permitted 14
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15
B. Phase I
C. Phase I1
D, Discretionary approvals and building permits 15
RE 1MBURSEMEP;IT ~\
15
16
16
16
17
A, Calculation of amount
A.1 Calculation if project built in phases
B, Definition of cost
B.L dost estimate
B.2
B.3 Cost limitation
3.4
Actual cost to build the project
17 .I
on Developer 18 Risk of development prior to approval
C. Cost monitoring 18
D. Collection of reimbursement fee 18
E. Calculation of amount of fee 3.8
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19
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20
F. Switchovers
G.
H, Waiver of reimbursement fee
I, Article XIIIA risk
Delivery of fees collected to Developer
21 J. Claim or dispute
K. Service and facility fee 21
4 Section
8,
9.
Page
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GENERAL CONSTRUCTION
A, Preparation of plans and specification--
change orders 22
22
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B. Right to approve contractor
C, Right to approve equipment
D. Developer to maintain insurance
MISCELLANEOUS PROVISIONS
A.
B.
C.
D.
E.
F,
G.
H.
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J.
K.
L.
M.
N.
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P.
Q.
R.
Indemnity of City
Developer not agent of City
Records
Payments on notices
Successors and assigns
Arbitration of disputes
Notice of taxable possessory interest
Antitrust claims of Developer or Successors
Venue
Modification
Attorneys fees
Right of City to inspect
Integrated agreement
Section headings and interpretation
Approval by City
Risk of loss
Participation in future works
Amendment or' Precise Development Plan
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AGREEKENT BETWEEN CITY OF CARLSBAD, CALIFORNIA AND LAKE CALAVERA HILLS ASSOCIATES
FOR CONSTRUCTION OF A 1.2 MILLION GALLON CAPACITY
SEWAGE TREATMENT AND WASTEWATER RECLAMATION FACILITY AND
NECESSARY APPURTENANCES AND TO PROVIDE FOR THE FINANCING AND REIMBURSEBENT FOR COSTS OF OVERSIZING THEREOF.
This agreement is made this day of cEmA€ R. I 19 I?
by and between the City of Garlsbad, California, a municipal
corporation (hereinafter called "City") and Lake Calavera Hills
Associates, a California partnership (hereinafter called "Developer").
RE C I TAL S:
A. Developer wishes to develop for residential and other
purposes certain parcels of property described in the Lake
Calavera Hills Master Plan (MP-150 (A) ) as approved by the City
Council in Ordinance No, 9571, on file with the City and incorpor- I-
ated by reference (hereinafter called "Calavera Hills") ,
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B. Developer wishes to comply with and satisfy requirements
of City for provision of sewer service to Calavera Hills by
constructing and dedicating to City a satellite sewage treatment
and wastewater reclamation facility.
C, The public facilities element of City's General Plan
requires, among other things, that sewage treatment capacity be
available before development occurs,
exists with capacity to service Calavera Hills.
Presently no sewer facility
If sufficient
sewer capacity is not available for proposed development, the
required finding of consistency with the City's General Plan
cannot be made and development cannot proceed. Construction of
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4 this satellite sewage treatment and wastewater reclamation facility
would satisfy the requirements of the General Plan for provision
of sewage capacity concurrent with need for the development, In
addition Chapters 18.05 and 21.49 of the Carlsbad Kunicipal Code
prohibit development unless sewage treatment capacity is available.
D. To ensure the health, safety and welfare of the citizens
of Carlsbad it is necessary that the satellite sewage treatment and
wastewater reclamation facility built by Developer be of sufficient
capacity to provide sewage treatment service to development other
than Calavera Hills.
E. A portion of the capacity of the sewage treatment and
wastewater reclamation facility to be constructed by Developer will
be used by Calavera Hills.
used by development other than Calavera Hills.
The remainder of the capacity will be
F. Developer desires to be reimbursed for sums expended to
oversize the sewage treatment and wastewater reclamation facility
to serve development other than Calavera Hills. The City has
determined that the public interest is served by construction of
the satellite sewage treatment and wastewater reclamation facility
by Developer. The public interest is further served by reimbursement
to the Developer by those who will use the plant other than Calavera
Hills of the costs of oversizing. However,Developer recognizes,
that because of factors yet unknown, there is no assurance he will
receive the full amount of the reimbursement or even any portion
thereof.
G. Developer desires to have reserved for Calavera Hills
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\. * ' certain rights to utilize capacity in the sewage treatment facility
without payment of a sewer connection fee for plant capacity.
Without such reservation of capacity, Developer would not
enter into this agreement.
recognize that City ha5 an obligation to serve the best
interest and meet the needs of all residents, present and
However, both City and DeveloGer
future, in the City.
to capacity must be subject to the City's obligation to all
Developer recognizes that its rights
City's residents. Therefore, Developer's rights to reserved
capacity in the plant will be limited to a proportionate
share based on a ratio of projected development in Calavera
Hills to projected development in the entire area to be
served by the plant.
by Sections 3 and 5 herein.
Reserved capacity rights are established
- H. Developer recognizes that utilization of capacity
in the sewage treatment and wastewater reclamation facility shall
be subject to all existing or future planning, zoning, building
or other ordinances which the City Council in its discretion
imposes to regulate the location, quality, quantity, pace or
other aspects of development on a city wide basis,
I. By Resolution No. 5871 the City Council, of City,
approved a Precise Development Plan for the development of
the sewage treatment facility and all necessary appurtenances.
Resolution No. 5871 is on file with the City and is
incorporated herein by reference.
that resolution.
the Precise Development Plan, as adopted by Resolution No. 5871
This agreement implements
Subject to the provisions of Section 9.R.,
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'' shall prevail over any inconsistent provisions of this ri
agreement.
NOW, THEmFOREr in consideration of the recitals, and of
the mutua1 obligations of the parties established by this
agreement, City and Developer agree as follows:
SECTION 1: DEFINITIONS
Whenever the following terms occur in this agreement, the
meaning shall be interpreted as follows unless the context in
which the term is used clearly requires a different interpretation:
A. "Acceptance": A formal action by the City accepting
any offer of dedication of the sewage treatment facility.
Acceptance may.be of the entire project or of Phase 1 and
Phase I1 of the project, respectively, as provided herein.
Acceptance shall not constitute a waiver of defects by City,
B. "Board" : The Regional Water Quality Control Board -
with jurisdiction over the project,
C. "Drainage basin: Drainage basin shall mean all areas
described on the map contained in Exhibit A, attached hereto
and incorporated by reference herein.
D. "EDU": - EDU is an abbreviation of Equivalent Dwelling
Unit and is an approximation of that amount of sewage which is
discharged daily by an average residential dwelling, Actual
structures or developments built or proposed are assigned an
EDU value by the City Engineer. The number of average daily
gallons per EDU as used in this agreement shall be updated
annually and adjusted to reflect actual metered flow exper-
ienced during the previous years in the subject area provided, g-
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i- ' however, that such adjustment may take into account
the system, weather and any other factors which may
condition of
affect flow,
E. "Fail-safe Line": Fail-safe line means any effluent or
excess effluent disposal line which would carry effluent from the
project to the ocean outfall.
F. "Master Plan Area or Calavera Hills": Master plan area
or Calavera Hills shall include all areas defined in the Lake
Calavera Hills Master Plan (MP-l50(A)) on file with the City and
incorporated by reference herein and shown for convenience on
Exhibit B, attached hereto and incorporated by reference herein,
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G. "MGD": - Plant capacity expressed in millions of gallons
per day.
H. "Project" : The 1.2 MGD capacity satellite sewage
treatment and wastewater reclamation facility and necessary appur-
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tenances, including a fail-safe line, designed and constructed by
Developer and approved by City in conformance with this agreement.
Project includes all facilities necessary to collect, treat and
dispose of 1.2 MGD of sewage, and to reclaim water from the treatment
of 1.2 MGD of sewage.
I. "Work": Any and all obligations, duties and respon-
sibilities necessary to the successful completion of the project
assigned to or undertaken by Developer pursuant to this agreement,
including but not limited to a11 labor, materials, equipment and
other incidentals 2nd the furnishing thereof.
SECTION 2: DEVELOPER'S OBLIGATIONS
A. Construct: Developer agrees to construct at Developer's sole
cost and expense the project in full conformance with plans and speci-
fications which are to be prepared by Developer and submitted to City's
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PLblic Works Administrator for approval. Work, except for grading
approved by the Public Works Administrator, may not commence until i
the plans and specifications are approved. Developer shall be
solely responsible for completing all phases of design and construc-
tion of the project. Developer shall bear all design and construc-
tion costs associated with building the project, including but not
limited to all professional fees, applicable permit fees, taxes or
other assessments, and all labor and material costs of the project.
All design, contract awards and construction contracts shall be
acted upon by City within thirty days after receipt of the complete
plans and specifications and contract documents for the project to
ensure their conformity with the Precise Development Plan, the
provisions of this agreement and any applicable state or local
laws. Developer shall submit the plans and specifications and
contract documents in a complete and approvable form. Except as
otherwise provided in Section 6 herein construction of the project
shall be completed in one phase.
rights are established more fully in Section 8 of this agreement.
Construction obligations and
€3, Percolation tests: Developer shall conduct tests
necessary to determine if sufficient capacity exists in either the
Buena Vista recharge basin or the Agua Hedionda recharge basin to
provide for reclamation. These tests shall include, but not be
limited to, tests necessary to establish sufficient dynamic and
static caTacity in the aquifer(s) for 90 day storage, or such
lesser capacity as iaay be required by the Board for reclamation
of water froin the project. Developer shall also conduct tests
necessary to provide the Board with sufficient data to make the
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necessary findings revise existing groundw objectives in
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\ 'each affected basin to the extent that demineralization of treated
effluent would not be required before use of the effluent for
Type I irrigation.
required in any event, Developer's obligation to conduct tests
regarding revision of the groundwater objectives shall cease.
Such tests shall be initiated immediately upon the execution of
If the Board determines demineralization will be
this agreement and shall be completed prior to commencing con-
struction of the project unless the City Manager, in writing,
extends such period or decides no Eurther tests are necessary.
Upon the completion of such tests, Developer shall submit the test
results and accompanying data to the City's Public Korks Adminis-
trator for review and verification,
for any additional testing required by the Board for approval of
Developer shall be responsible
the project,
I._ C. Dedication: Upon full and satisfactory completion of
the project, in conformity with the approved plans and specifications,
and the itens specified in Paragraphs I and J of this section,
Developer shall offer to dedicate the project to City.
offer of dedication is accepted by City, Developer shall immediately
transfer all rights, title and interest in the project free and
clear of all liens and encumbrances whatsoever to City.
any offer of dedication, Developer shall secure all approvals,
If this
Prior to
certifications or permits required by the State fCegional Water
Quality Control Board or any federal, state or local law,
D. Warranty: Developer shall fully guarantee or warranty
all work for a perioci of one year from the date of final acceptance
by City.
and a final inspection prior to the expiration of the warranty.
City shall conduct periodic inspections of the project
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7' If within said period any structure or part of any structure
furnished or installed or constructed, or caused to be installed
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or constructed by Developer, or any of the work done under this
agreement, fails to fulfill any of the requirements of this
agreement or the plans and specifications referred to herein,
Developer shall without delay and without any cost to City,
repair or replace or reconstruct any defective or otherwise 8
unsatisfactory part or parts of the work or structure.
will be notified in writing of any deficiencies which must be
Developer
corrected but failure on the part of City to notify Developer
shall not affect any of City's rights under this provision,
Developer shall commence repair of any defect or deficiency
The repairs within ten working days after notification by City.
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shall be completed expediently and within a reasonable period of
time. If the Developer fails to commence or complete repairs within
these time limits, City may undertake and is hereby authorized
by Developer to make, at City's option, the repairs itself and
assess the costs to the Developer. Repairspursuant to this
warranty shall be at the cost of the Developer and no reimbursement
shall be given therefor.
require reports or replacements to be made before Developer can
be notified, City may, at its option, make the necessary repairs
Should the exigencies of the case
or replacements or perform the necessary work and assess the
costs of sach repairs to Developer. Costs assessed may be
retained by City from any reimbursement collected and due to
Developer.
E. Acquisition of rights-of-way: Developer shall be
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* ' responsible for acquisition of any land, rights-of-way, or other
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interests in property necessary for required testing or for the
construction of the project. City shall participate in such acqui-
sition to the extent specified in the Precise Development Plan.
F. Permits: Developer shall not commence work, except for
grading approved by the Public Works Administrator, under this
agreement until Developer has obtained the necessary permits and
made the necessary deposits as may be required by a federal, state,
or local law. Necessary perrhits include but are not limited to
building permits, discharge permits or any other discretionary or
mandatory government approval. If the City Council decides that
the project may be built in phases, Developer shall submit appli-
cations for permits to the Board for each phase concurrently.
G. Inspections: Developer shall provide for all required
inspections as provided herein,
in the actual project cost.
Inspection costs shall be included
H. Compliance with laws: Developer shall comply with all
applicable federal, state or local laws in the execution of this
agreement. Developer shall also comply with all orders, regulations
and requirements of the State Regional Water Quality Control Board
or any other federal, state or local agency with jurisdiction
over the project.
I. Compliance with the Precise Development Plan: In
execution of its obligations under this agreement, Developer
shall comply with all conditions of the Precise Development Plan
as adopted by the City Council of City in Resolution No, 5871
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and with any amendments thereto, with the Lake Calavera Hills
Master Plan (MP-105 (A)) and with the City of Carlsbad
a
Environmental Impact Report and Facilities Plan for a satellite
Sewage Treatment and Wastewater Reclamation Facility as certified
by the City Council, a copy of which is on file with the City.
J. Other responsibilities prior to acceptance: Until such
time as all work required by this agreement is fully completed
and accepted by City, Developer will be responsible for the
care, maintenance of and any damage to such work, Developer
shall give good and adequate warning to the traveling public
of each and every dangerous condition existent in said work,
and will protect the traveling public from such defective or
dangerous conditions.
".. SECTION 3: DEVELOPER'S RIGHTS
A. Reserve capacity: Consistent with the provisions of
Section 5 herein, City shall reserve for the sole and exclusive
use of Developer 41.77 percent of the sewage treatment capacity
in the project as approved by the State Regional Water Quality
Control Board, provided, however, that nothing in this agreement
shall exempt Developer from any local building or zoning ordinances.
Developer's capacity rights may be adjusted by mutual agreement
of the parties to conform with the latest growth projections for
the basin and City's most recent gallon requirement per equivalent
dwelling unit as calculated based on the average daily dry weather
flow. Such agreement shall not be unreasonably withheld,
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* B. Reimbursement: Developer shall have the right to
reimbursement for the cost of oversizing the project as provided
in Section 7 herein.
at which time it will cease whether or not Developer has been
reimbursed for the cost of oversizing.
This right shall continue for twenty years
SECTION 4: CITY'S OBLIGATIONS AND RIGHTS
A. Set and collect fees: City agrees to collect a sewer
connection fee from any person or development other than Calavera
Hills connecting to or using capacity of the project as provided
in Section 7 herein.
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B. Acceptance: Upon offer of dedication; receipt of
inspector's certificate; receipt of any approvals, certificates
or permits required by the State Regional Water Quality Control
Board or any federal, state or local law; and warranty or guarantee .I
as provided in Section 2.D of this agreement, City shall consider
acceptance of project from Developer.
of dedication within 60 days of tender of all items required by
this paragraph. City shall not unreasonably withhold acceptance.
Prior to acceptance City may require Developer to repairc correct
or reconstruct any defect in the project or any work not in
City shall act on the offer
conformity with the approved plans and specifications or as
required for final certification by the Regional Water Quality
Control 3oard.
or reconstruction required by City at Developer's own cost and
expense and shall receive no reimbursement for any portion thereof.
City's obligations and rights under this section are contingent
upon the construction of the sewer plant in conformance with the
Developer shall then make any repair, correction
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plans and specifid)ions to the satisfaction. the City and upon
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* approval and certification of the plant by the State Regional
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Water Quality Control Board or any other federal, state or local
agency with jurisdiction to approve, permit or certify the plant.
Acceptance may be made in two phases as provided in Section 6
herein.
C. Inspection: City may provide a project inspector or
qualified operator to act as inspector of the project. City shall
have the right to conduct periodic inspections during construction
and prior to its acceptance of the plant. Developer shall allow
access to the plant and all premises whereon construction is occurring
for the purpose of these inspections. The inspections defined in
this section are in addition to any other required inspections,
D. Cooperation; City agrees not to unreasonably withhold
any necessary local permits required by Developer for the project or
any part thereof. City also agrees to use its best efforts""t0
assist Developer in obtaining any certification, approval or permit
required by this agreement; in establishing a reasonably feasible
and economic alignment for the fail-safe line utilizing, when
feasible, existing public rights-of-way; and in obtaining, main-
taining, preserving or confirming connection rights to the ocean
outfall sufficient to dispose of the full treatment capacity of the
project .
SECTION 5: RESERVATION OF CAPACITY
A. fieservation for Developer: Upon acceptance of this
sewage treatment and wastewater reclamation facility, all rights
to sewer capacity snall vest in City. City shall reserve for the
sole and exclusive xse of Developer 41.77 percent of whatever
capacity is approved by the State Regional Water Quality Control
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3. .
\* Board. City may allocate such capacity consistently with Section 6
of this agreement. Capacity reserved for Developer shall not be
used for any development other than Calavera Hills. Developer
shall, however, be subject to the provisions of Section 5.B. of
this agreement.
B. Developer subject to growth limitations: Developer
shall be subject to any existing or future zoning, building or
other laws established or adopted by City to regulate the location,
quality, quantity, pace or other aspects of development in City.
Developer shall also be subject to all General Plan requirements of
the City including any proposals adopted to implement any element
of the General'Plan and to the Lake Calavera Hills Master Plan
conditions.
C. Discretionary approvals and building permits: Discretiona x
approvals for Calavera Hills and the issuance of building permits
for structures to be served by the project shall be governed by any
existing or future City ordinances regarding the issuance of such
approvals or permits.
structed pursuant to building pemits issued as authorized by this
Developer agrees that no structures con-
section, or no individual lots created by discretionary approvals,
if any, shall be transferred or conveyed in any r@-anner, including
but not limited to sale or lease, or occupied until the project has
been certified as operable by the Regional Water Quality Control
Board and accepted by the City.
Developer may transfer or convey that land described in approved
Tentative Nap No. CT 76-12, as approved by the City Council in
If a final map is approved,
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’ Resolution No. 5145, to a single transferee, provided that such land
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and transferee shall be subject to Sections 6.D and 9.E of this
agreement.
SECTION 6: PHASING
A. Permitted: If it appears to the satisfaction of the City
Council that Board action on the application for the water reclama-
tion system will occur after certification of the treatment and
disposal system, the project may be accepted in no more than two
phases as provided in this section.
B. Phase I: Phase I shall consist of the following items:
1. Construction of the proposed sewage treatment and
wastewater reclamation facility as substantially shown on Precise
Development Plan Exhibits G (except for that portion describing
the water reclamation system), A-1, B, D and F-4 of Resolution
No. 5871 of the City Council of the City of Carlsbad as may*’be
amended, of sufficient capacity to fully treat 1.2 MGD of sewage,
including but not limited to the complete treatment plant, force
mains, mechanical fail-safe protection, excess effluent disposal
pipeline with pumps and other appurtenance necessary to connect
to and dispose of 1.2 MGD of sewage through the ocean outfall b€
the Encina Water Pollution Control Facility, and any other
appurtenance necessary for operation of the plant;
2. Construction of the reversible force main as specified
in Condition No. 4 of the Precise Development Plan;
3. Acquisition of the easement to Tamarack Avenue as
described in Condition No. 11 of the Precise Development Plan;
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4. Certification by the State Regional Water Quality
Control Board of the plant with discharge rights of at least 1.2
MGD of secondarily treated effluent to the ocean outfall.
C. PHASE 11: Phase I1 shall consist of the reclamation system
as described in Exhibit G of the Precise Development Plan as
approved by Resolution No. 5871 of the City Council or any sub-
sequent amendments thereto, or as required by the Board.
project is built in phases, construction on Phase I1 shall be
completed not later than two years after City acceptance of
Phase I and its certification as operable by the State Regional
Water Quality Control Board, unless such time is extended by
If the
the City Council on a showing of good cause.
D. Discretionary approvals and building permits: Subject
to the limitations of Section 5.C. of this agreement, if the
project is built in phases, discretionary approvals may be processed
except that no building permits may be issued until Phase I is
certified by the Board and accepted by the City, valid sewer
permits have been issued and Developer has provided City with a
surety bond, instrument of credit, or other security in favor of
City and acceptable to City guaranteeing the Developer's performance
of obligations and completion of work on Phase 11. Such security
bond shall remain in effect until the certification of Phase XI by
the Board and acceptance of Phase I1 by City.
SECTION 7: XEIMBURSEMENT
A. Calculation of Amount: City agrees to collect a fee
as provided in this section so that Developer may be reimbursed
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'for certain costs of oversizing the project; that is, the actual
cost to build Phase I of the project, minus the estimated cost to
build a sewage treatment facility and all necessary appurtenances
including a fail-safe line of capacity sufficient to serve the
projected total build out of Lake Calavera Hills alone as if no
other project were being built, plus 58.23 percent of the actual
cost to build Phase 11, regardless of whether the project is built
in phases.
City and Developer agree \ that, for the purposes of this
section, a project of capacity to treat and dispose of -5 MGD of
sewage is deemed sufficient to serve Lake Calavera Hills alone.
A.l Calculation if project built in phases: If the
project is built and accepted in phases, the reimbursement amount
for the period after completion and acceptance of Phase I, but
before completion and acceptance of Phase 11, shall be equal to the
actual cost to build Phase I, minus the estimated cost to build a
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sewage treatment facility and all the necessary appurtenances of
capacity sufficient to serve the projected total build out of Lake
Calavera Hills alone, plus 58.23 percent of the estimated cost to
build Phase 11.
B. Definition of cost:
B.1. Cost Estimate. No later than the time of submission
of the plans and specifications, Developer shall submit a detailed
itemized cost estimate for the project and a detailed itemized cost
estimate for a sewage treatment facility and all necessary appur-
tenances including a fail-safe line, of capacity sufficient to
serve the projected total build out of Calavera Hills alone as if
no other project were being built. If the project is to be 4
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e oonstructed in phases, Developer shall also a detailed '' itemized cost estimate of the construction of each phase of the
City shall act upon the cost estimates no later than project.
thirty days after submission of such estimates in a complete and
approvable form. Upon approval of such estimates by the City, they
shall be attached to this agreement as Exhibit C and shall become a
part hereof. Developer, at its option, may terminate this ageement
if it does not agree with City's determination under this section.
B.2. Actual cost to build the project. Actual cost to
build the project, or either phase thereof, shall mean the sum
total dollar cost of actual expenditures for construction of the
project, including but not limited to labor , materials, plan checking,
engineering, surveying, design, interest during the construction
period of the project on borrowed funds necessary for the actual
construction of the project, fees for applicable permits, costs
attributable to land, right-of-way or other interests in real
"..'
property necessary for the project not to exceed the fair market
value at the time of acquisition or acceptance of the project,
whichever is less, and other costs necessary for the construction
of the project in a good workmanlike manner in accordance with the
plans and specifications, but not including any preliminary reports,
studies, attorney's fees or other such charges. Actual cost to
build the project shall be documented to the satisfaction of the
City and shall be approved by the City Council.
B.3. Cost limitation. The actual cost to build the project
and the actual cost to build Phase I or Phase I1 shall not exceed
the estimates as approved pursuant to Section 7.B.1. above. Any
difference between actual costs and the estimates shall be
absorbed by Developer and shall be disregarded for purposes of
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determining reimbursement.
B.4. Risk of development prior to approval on Developer.
City shall have no obligation to reimburse Developer until the cost
estimates required by Section 7.B.l are approved by City. Developer
shall bear the full risk of any loss occasioned to Developer because
it commenced construction prior to approval of the estimates.
Developer shall receive no reimbursement and shall have no recourse
against the City for any loss occasioned to Developer because the
estimates were not approved or the agreement was otherwise terminated
by Developer prior to completion and acceptance of the project by
the City.
C, Cost monitoring: In addition to the rights stated elsewhere
in this agreement, City shall have the right to monitor all costs
for the project. Developer shall provide City with all receipts,
invoices, bills or other information requested by City to aid in
the cost monitoring.
D. Collection of reimbursement fee: City agrees to collect
a fee for each connection to the plant other than Calavera Hills
as a condition of permitting connection to the sewer plant, subject
to the limitations provided below.
Subsection K of this section, no sewer connection fee shall be
Except as provided in
charged to units in Calavera Hills.
reimbursement except from the collection of these fees.
Developer shall receive no
E. Calculation of amount of fee: City shall set the
fee by dividing the amount to be reimbursed as determined by
Subsection A or' this section by the total projected number of
units which will use capaci,ty in the plant other than Calavera
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.
L Hills.
units, other than Calavera Hills, which will use capacity in the
City and Developer agree that the projected number of
project is 3,645 EDU's.
necessary to accommodate changes in City's land use policies.
Developer may request City to take the action necessary to revise
the reimbursement fee if the figure is significantly reduced, Upon
This figure may be adjusted by City as
such request, City may, in the reasonable exercise of its discretion,
adjust the fee or not adjust the fee.
units is based on calculations shown in Exhibit D of this agreement.
This projected number of
F, Switchovers: Notwithstanding Subsection D of this section,
City may connect units presently serviced by the Encina Sewage Treat-
ment Plant to the project without obligation to collect a reimburse-
ment fee. However, upon allocation to new construction in the City
of capacity in Encina which became available from a switchover <,
connection, City agrees to collect a fee as provided in this section
as a condition of such allocation.
G, Delivery of fees collected to Developer: City shall
periodically deliver to Developer as reimbursement 95 percent
of their reimbursement fees collected as they are from time to
time collected. City will retain 5 percent of the amount
collected as compensation for the expense of administration
of this agreement. If the project is built in two phases,
City shall deliver to Developer only that amount attributable
to Phase I. Amounts attributable to Phase I1 shall be
retained by City until the completion and acceptance of Phase I1
at which time the retained funds shall be paid over to
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;Developer. If Phase I1 is not completed within the time stated
in Section 6 of this agreement, or any extension pursuant thereto,
the funds retained shall become the property of the City and any
right, title or interest Developer may have in those funds shall
cease.
Phase I1 or if such application is deemed by the City Council to
be not feasible, the funds shall be deposited in the Joint Sewer
Such funds shall be applied by City to completion of
Construction Fund.
H. Waiver of reimbursement fee: Developer may waive
reimbursement for any unit using capacity in the plant.
waiver shall be made by letter to the City.
Such
No reimbursement
fee shall be collected on connections for which a waiver has
been made.
I. Article XIIIA risk: Developer recognizes that the
-. City's right to collect fees and its right to reimbursement
from those fees may be subject to the provisions of Article
XIIIA of the California Constitution. If it is determined
by a court of competent jurisdiction that the fees levied
pursuant to this agreement or other fees of similar charac-
teristics are subject to Article XIIIA of the California
Constitution, City and Developer shall in coordination use
their best efforts to provide for collection of the fee in
conformance with Article XIIIA. If it is determined that
fees cannot be collected under this agreement because of
the provisions of Article XIIIA, Developer shall receive no
other compensation ar reimbursement hereunder. Any attorney
fees or other costs expended in the determination of whether
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,
I
'the fees are governed by the provisions of Article XIIfA shall
not be reimbursed to Developer.
J. Claim or dispute: In the event of a claim or a
dispute over the City's rights to collect the reimbursement
charge hereby established, or to withhold the water or sewer
service to any property pending receipt of said reimbursement
charge, Developer shall have the option to (1) waive such
reimbursement charge or (2) assume all obligations and liability
and hold City harmless from any loss, cost or expense, including
judgments and attorneys' fees arising from the City's attempt
to collect said disputed charges. City agrees to use due
diligence to preserve and maintain Developer's reimbursement
benefits and exercise good faith with respect to Developer's
Y interest in the event of a dispute. If it is determined by
"j"
a court of competent jurisdiction that the disputed claim
or charge shall not be paid, then Developer shall not receive
reimbursement therefor and any amounts paid to Developer on
account of collection of the disputed fee shall be refunded
to City.
, K. Service and facility fee: City reserves the right
to levy a fee on each connection to the plant in an amount
sufficient to pay for the cost of any capital improvement
including, but not limited to sewers, drains, pumps or other
appurtenances necessary to provide sewer service. Such
fee shall be in addition to any reimbursement fee, but may
be levied at the sane time. City may also levy a periodic
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- seGvice charge on each connection to the plant to pay for
costs of continued service, maintenance and operation.
Developer or his successors or assigns shall pay upon
c
connection to the plant the fees or charges described in this
paragraph, but shall not pay a reimbursement fee, unless the
number of units connected to the plant results in utilization
of capacity in excess of 41.77 percent of the total plant
capacity.
SECTION 8: GENERAL CONSTRUCTION
A. Preparation of plans and specification--change orders:
Developer shall prepare at Developer's cost and expense all plans
and specifications necessary for construction of the project.
Said plans and specifications shall be approved by City's
Public Works Administrator prior to the commencement of any
work on the project except for grading approved by the Public
Works Administrator. City shall act within thirty days after
submission of completed plans and specifications.
shall be done in conformance with the approved plans and
specifications, unless prior written authorization from the
All work
City's Public Florks Administrator is secured by Developer.
B. Right to approve contractor: City shall have the
right to approve all contractors or subcontractors performing
any work on the project.
days after submission.
Administrator shall be deemed approval of the City.
City shall act within ten working
Written approval of the Public Works
C. Right to approve equipment: City shall have the
right to approve all equipment, material, or goods used in
construction af the project. City shall act within ten
-22-
. :working days after submission of the final plans and specifi-
cations.
shall be deemed approval of the City.
Written approval of the Public Works Administrator
D. Developer to maintain.insurance: Developer or its
contractors shall maintain in force during the full period of
construction pursuant to this agreement a full comprehensive
public liability and property damage insurance policy insuring
against any and all claims for injuries or death of persons or
damage to property occurring in, upon, or about the property
subject to this agreement. The proposed insurance contract shall
be submitted to City for its approval prior to initiation of
insurance covera.ge. The insurance contract shall have limits
of not less than $1,000,000.00 single limit coverage and City
shall be listed as an additional named insured. Prior to
commencement of actual construction, Developer shall submit
a certificate of the insurance to City which shall provide for
-I
at least forty-five days notice of cancellation or modification
of coverage or limits. Developer or its contractors shall -
also maintain any bonds or insurance required by law, including
Worker's Compensation, and City shall be listed as an additional
c
named insured.
SECTION 9: IJlI SCELLANEOUS PROVISIONS .
A. Indemnity of City: Developer shall indenmify, assume
the defense of, and hold free and harmless, City, its officers,
agents, employees and any engineer, architect or other consultant
utilized by City on the project from any and all obligations,
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. .
liabilities, liens, claims, demands, losses, damages and
expenses, of whatever type or nature, including, but not
limited to, attorneys'. fees and all litigation costs arising
out of Developer's design or construction of the proposed
facilities or any other act or omission to act by Developer,
its agents, servants, employees, invitees, or independent
contractors which are required by this agreement.
Notwithstanding the foregoing, the indemnity agreement
created by this section shall not indemnify the City, its
officers, agents or employees against any liability arising
from the negligence or willful misconduct of City, its officers,
directors, agents, employees or independent contractors.
B. Developer not agent of City: Neither Developer nor
any of Developer's agents or contractors are or shall be :,
considered to be agents of City in connection with the per-
formance of Developer's obligations under this agreement.
C. Records: City will maintain complete records of
all connection fees received. Such records shall be open
to Developer upon reasonable notice to City.
D, Payments on notices: All notices, demands and
requests, which may be or are required to be given or made by
either party to the other party, shall be in writing. All
notices, dernands and requests by Developer to City shall be
sent by United States registered mail, postage prepaid,
addressed to City as follows:
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City Manager City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
All notices, demands, requests and payments by City to Developer
shall be sent by United States registered mail, postage prepaid,
addressed to Developer as follows :
Lake Calavera Hills Associates
3088 Pi0 Pic0 Avenue, Suite D
Carlsbad, California 92008 Attn : Roy J. Ward
or to such other addressee and to such other place as Developer
may from time to time designate in written notice to City.
E. Successors and assigns: The covenants and agreements
contained in this agreement will be binding upon and inure
to the benefit of City and its successors and assigns, and
Developer and its successors and assigns; provided, however,
Developer shall not conveyp assign or otherwise transfer its
rights or obligations hereunder without the prior written
consent of the City.
Developer shall not assign the right to receive reimburse-
ment pursuant to the provisions of this agreement without
prior written approval of City. City reserves the right to
limit the assignments so as not to be required to make
payments to multiple assignees under circumstances which may
create. an administrative burden for City. Developer may
grant a security interest in or pledge the rights of Developer
to receive reirrbursexient hereunder to institutional lenders
for the purpose of securing obligations of Developer to such
lenders.
-25-
.. If prior to the completion of the project Developer conveys
any land located within Calavera Hills to any person, such conveyance
shall expressly include a provision that the grantee shall assume
a proportionate share of Developer's obligations under this
agreement.
grant.
Said provision shall be approved by City prior to the
This agreement shall be recorded in the County Recorders
Office and a notation of the fact of this agreement and its
restrictions shall be noted on any final map €or any property in
Calavera Hills.
F. Arbitratioq of disputes: Any controversy or claim
between the parties to this agreement, including but not
limited to any claims, disputes, demands, differences, contro-
versies, or misunderstandings arising under, out of, or in
relation to this agreement, or any alleged breach of this agree-
ment, shall be submitted to and determined by arbitration in
accordance with the California Arbitration provisions contained in
Code of Civil Procedure Section 1280 et seq., as amended from time
to time, except as to those'determinations under this agreement
made in the sole discretion of the City or its Council.
Subject to the provisions of Code of Civil Procedure
Section 1296, the arbitrator or arbitrators shall determine
the rights of the parties in accordance with the law and the
award shall be subject to review as to the arbitrator's
application of the law by any court having jurisdiction of
the matter, whether ox not any mistake of the law shall appear
upon the face of the award. As to all questions of fact,
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> ,
however, the determination of the
shall be binding upon all parties
and conclusive. Each party shall
arbitrator or arbitrators
and shall be deemed final
be entitled to written
findings of fact and conclusions of law as to all issues
determined by the award.
the award granted by the arbitrator shall be binding upon all
Subject to the above limitations,
parties to the arbitration and judgment upon the award
rendered by the arbitrator or arbitrators may be entered in
any court having jurisdiction over the matter.
G. Notice of taxable possessory interest: If this
agreement results in the creation of a possessory interest,
and such posses.sory interest is vested in a private party in
this document, the private party may be subjected to the
payment of personal property taxes levied on such interest.
.+ H. Antitrust claims of Developer or Successors: By
entering into this agreement or any subcontract pursuant
to this agreement, Developer, each contractor, and each
subcontractor who performs work or who supplies goods,
services or materials in accordance with the terms of this
agreement, hereby offers and agrees to assign to City all
rights, title, and interest in and to all causes of action
it may have under federal or state antitrust laws including
but not limited to antitrust action any of them may have
under Secrion 4 of the Clayton Act (15 U.S.C. Section 15),
or under the Cartwright Act (Chapter 2, commencing with
Section 16700 of Part 2 of Division 7 of the Business and
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i
, .
' Professions Code), arising from the purchases of goods, services
or materials pursuant to this agreement or any related
subcontract,
at the time City accepts the proposed facilities and land
transfer without further acknowledgment of the parties. Developer
This assignment is made and becomes effective
agrees to insure that a comparable provision is included in
all contracts or subcontracts at all tier levels which are
executed pursuant to this agreement.
I. Venue: In the event of any legal or equitable
proceeding to enforce the terms or conditions of this agree-
ment, the parties agree that venue shall lie only in the
federal or stake courts in or nearest to the North County
Judicial District, County of San Diego, State of California.
J. Modification: This agreenent may not be altered
in whole or in part except by modification in writing, executed
by both parties to this agreement.
K. Attorneys' fees: In the event any arbitration
proceeding, administrative proceeding or litigation in
law or in equity, including any action for declaratory relief,
is brought to enforce or interpret the provisions or performance
of this agreement, the prevailing party or parties shall be
entitled to an award of reasonable attorneys' fees and
costs associated with the proceeding as determined by the
court, thft presiding officer, or the arbitrator authorized
to make a determination of the issues in addition to any
other relief to which the prevailing party may be entitled,
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5 c . If either party to this agreement becomes a party to
litigation, an administrative proceeding or arbitration
concerning the enforcement or interpretation of the provisions
of this agreement or the performance of this agreement by
reason of any act or omission of the other party,its agents,
employees, officers, directors, or any other representative
of the other party, and not by any act or omission of the
party that becomes a party to that proceeding or its
authorized representatives, the party that causes the other
party to became involved in the proceedings shall be liable
to that party for reasonable attorneys' fees and costs of
the proceeding incurred by that party. The award of reason-
able attorneys' fees and all costs shall be determined as
provided above.
In the event opposing parties have each prevailed on :.
one or more causes of action actually contested or admitted
by pleadings, discovery or prehearing documents on file,
the arbitrator or presiding officer may offset such fees
and costs between prevailing parties after considering the
necessity of the proceeding and the importance of the issue
or issues upon which each party has prevailed,
3;. Right of City to inspect: Both parties to this
agreement understand that City intends to approve, or inspect
and approvel all phases of design and construction of the
proposed facilities. Developer shall supply City with
such information as City deems necessary from time to time
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a
\c
in City's sole discretion to properly review all design and
construction phases of the contract and to provide City with the
opportunity to inspect the proposed facilities from time to time
upon request.
M, Integrated ag,reement: The reimbursement provisions for
payments to Developer by the City (which is conditioned on City's
receipt of connection fees as a source of funds for payment) is
severable, Except for that severable provision, this agreement is
an integrated agreement and in the event any provision of this
agreement is held to be invalid, void or unenforceable for any
reason so as to defeat the objectives that either party seeks to
attain pursuant to this agreement, the entire agreement shall be
null and void,
N. Section headings and interpretation: All clauses -.
I.
contained in this agreement shall be interpreted in a manner
which renders them valid under applicable provisions of state
or federal law to the maximum feasible extent. By Resolution
No. 5871 the City Council, of City, approved a Precise Development
Plan for the development of the sewage treatment facility and
all necessary appurtenances, The provisions of the Precise
Development Plan as adopted by Resolution No. 5871, and any amend-
ments to said Plan, shall prevail over any inconsistent
provisions of this agreement,
The headings of sections herein are used for convenience only
and shall not affect the meaning or the contents thereof.
0. Approval by City: Except as otherwise expressly provided
herein, approval by City shall mean written approval by the City
Manager. -30-
..
P. Risk of loss: Prior to acceptance of the project, the
risk of loss shall be on Developer. If the project is built in
phases, the risk of loss for Phase I shall pass to City after
acceptance, but the risk of lass for Phase I1 shall remain on
Developer until acceptance of Phase 11.
Q. Participation in future works: If at any time before
expiration of the warranty period detailed in Section 2.0 above,
City is required by the Regional Water Quality Control Board,
or any other state or federal agency, to install additional
treatment works, disposal systems or reclamation facilities
i
in order to ensure continued certification and ability to treat
dispose and reclaim up to 1.2 MGD of sewage, Developer agrees, on
behalf of himself and his successors or assigns, to pay 41-77
percent of the cost of such works or systems. If such works or
systems are required after such warranty period expires, Developer
agrees, on behalf of himself and his successors or assigns, to not
oppose an assessment district formed to finance such worksl and
that City may collect a fee to finance such required works or
systems levied on all units to be constructed thereafter which
will be served by the plant, including units in Calavera Hills,
The provisions of this section shall be in addition to any warranty
or guarantee required by this agreement.
R. Amendment of Precise Development Plan: The parties
recognize the City is considering the amendment of the Precise
Development Plan as approved by the City Council in Resolution
No. 5871, because of certain proposed changes on the design of the
project as reflected in this agreement. A copy of a revised Precise
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%*
b
Development Plan, including Exhibit G thereof, is attached as
Exhibit E of this agreement and is incorporated by reference,
If approved, Developer agrees to be bound by Exhibit E, or any
other amendments to the Precise Development Plan as approved in
Resolution No. 5871, in the performance of any obligations or
assertion of any rights under this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement
in duplicate as of the day and year above written.
ATTEST : CITY OF CARLSBAD, a municipal I_
I -3 1
corporation of the State of
: 5 California ., ..
B
-
LAKE CALAVERA HILLS ASSOCIATES,
A California partnership
APPROVED AS TO FORPLI:
_,--
Assistant City'Attorney
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4’
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.. r EXHIB1T”C” WILL CONSIST OF CERTAIN
COST ESTINATES PREPARED AND APPROVED
ACCORDING TO SECTION 7 OF THIS AGREEMENT.
WHEN THOSE ESTIMATES ARE PROPERLY PREPARED
I AND APPROVED, THEY SHALL BE ATTACHED HERE AS EXHIBIT T”.
.-
i
.\.
DATE :
TO :
FROM:
14EMORANDUM
October 19, 1979
City Manager
Planning Director Jc$- / - SUBJECT: CALAVEm HILLS SATELLITE TREATMENT PLANT - EDU PROJECTIONS
Per your request, herein are the EDU projection figures that were
developed by this department for use in the Calavera Hills Drain- age Basin. The land use projections have been coordinated with
and accepted by the consultant for Calavera Hills. The gallonage used for an EDU was established by the Public Works Administrator, .. '\
ASSUMPTIONS:
1. Existing development will generate sewage at ah EDU rate'of
246 gpd. .
2,. New development will generate sewage at an EDU rate of 200 gpd.
..
3.' Actual build-out sh.all not exceed the projections used (see .. attached exhibits)
Projected Gallons/ Total Gal/ Total Gal/
EDUs 4 Per EDU Development -.: Basin
..
. Calavera Hills = 2704 X 200 = 540,800 (41.77%)
Switchover
Approved TM's
Remainder GP
629 y 246 = 154,734
478 X 200 '= 95,600
2518 X 200 = 503,600
Total Gallons/Basin 1,294,734
(11.95%)
( 7.38%)
(38.90%)
,
APPROVED PROJECTS POTENTIAL SWITCHOVE R
Royal Homes .,.-.-.,. 68 edu's
El Camino Mesa.,,,,., 68 edu's
Chestnut Hills.,.,,,,lO8'edu1s
Quail Ridge.,,,.,.:,,234 edu's
Palisades.,,,..,,,,,,l36 edu's
Tota1,.,,,..478 edu's
- Woodbine..,,.,,.,,,.,l48 edu's
Meadows;,,.,..,,.,,.. 90. edu's
Palisades,..,,,,,,,.,119 edu's
Chestnut Hills,,.,,,,l36 edu's -
Tota1....,,,629 edu's
.- GENERAL PLAN LAND USES IN -REHAINDER
8-
ACRES MAX, EDU's LAND USE PROJECTED EDU's
.I
0 (Septic)
2386 **
Tootsie K
RL(0-105) Kelly Mt, 330 4 95
Robertson, Kelly, 1113" 4452
. pLM(0-4) Sunny Creek Road
. 3 Elementary Schools 30 30 30
School 20
40
20
40
1 Junior High
1 High School
20
40
420 Space Open
#
*
**
42 42
TOTAL 2518
1360 gross acres - 247 acres undevelopable = 1113 net acres
Acres x -67 (percentage of buildable land less area for streets) x 3.2 (average build-out density) = Projected EDU's
*
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-48- . . . .,
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Exhibit E to Lake Calavera s Financing and Reimburse-
Agreement
LAKE CALAVERA HILLS
PRECISE DEVELOPmNT PLAN
REVISED CONDITIONS
GENERAL
1. Development of the site shall occur substantially as shown
on Exhibit "G", dated December 11, 1979, attached hereto, and as shown on Exhibits A-1, B, D and F-1, dated April 11,
1979, for the wastewater treatment plant; and Exhibits
A-2 and E, dated April 11, 1979, for the percolation ponds; except for modifications and necessary back-up systems not
affecting the plant's operational efficiency that are approved by the Public Works Administrator.
2. In addition to the approval of the development indicated in the exhibits noted above, all other requirements and
appurtenances as listed in this approval shall be indicated
on the final Precise Development Plan.
TREATMENT PLANT
3, The proposed treatment plant shall be constructed in one;;
phase as a 1.2 MGD capacity plant with a "fail-safe" excess
effluent disposal line to the ocean outfall at the Encina
Water Pollution Control Facility, and all other appurtenances
necessary to operate the treatment plant at its fully rated
capacity of 1.2 PlGD.
4. A reversible force main connecting the treatment facilities to the Encina line at El Camino Real shall be Constructed as part of this project.
RECLAMATION
5. All wells, pumps, check dams and other appurtenances necessary to reclaim water from the recharge basin, which basin is
described in Exhibit E, shall be constructed as part of
this project. Plans for the water reclamation system shall
be submitted to and approved by the City Engineer and by
the Planning Cozmission prior to commencement of any grad- ing, cmstructioc, or the placing of any equipment for the project.
6. All effluent from the treatment plant shall be reclaimed
and utilized for replacement of existing or planned potable water (Type I). The amount of sewer capacity allocated to future developments shall be limited to the amount of
reclaimed water that can be guaranteed for use by the appli-
cant of such development or otherwise guaranteed to the satisfaction of the City Council.
.
.,
Revised Conditions
7.
8.
9.
Page 2
All proposed users of the treatment plant shall prepare and provide a plan acceptable to the City establishing
and guaranteeing a method to utilize any reclaimed water
prior to any approval of their project. The reclaimed water may not be applied to native vegetation or areas
where there are no existing or planned potable water uses.
As a guide for determining the acreage of land necessary to utilize the reclaimed water, the ratio of gallons of
water to acres of land should be as follows:
3,000 gallons to one acre of agricultural land, or 800 gallons to one acre of landscapeci'land
per day.
This ratio may be adjusted by the Planning Director to accommodate particular locations, soil types and plants.
Any plan required by Condition No, 7 shall be submitted
to the Planning Director for approval. Approval of the
plan by the Planning Director shall constitute acceptance of the plan by the City.
Director shall give primary consideration to systems where
the land using the reclaimed water is either near the recharge basin or served by gravity flow from the water .., reclamation system, in order to conserve energy required
for pumping. Approval by the City shall not constitute a claim to or a guarantee for availability of reclaimed water. This condition and Conditions 6 and 7 shall be modified as necessary to accommodate such City plan for the use of reclaimed water as the Council may adopt,
In approving the plan, the Planning
The applicant shall be responsible for construction of a fail-safe effluent disposal system sufficient to serve
and consistent with the 1.2 MGD design capacity of the
treatment plant. for construction of additional treatment as may be required
to meet State and County Health Department requirements as well as those of the Regional Water Quality Control
Board, and of mains, wells, pumps, check dams, and all other
appurtenances necessary to reclaim water from the treatment
of 1.2 MGD of sewage,
The applicant shall also be responsible
The applicant shall be responsible for construction and implemmtation of the complete Sewage treatment and water r.eclamation facilities, Plans for the reclamation facilities shall be approved by the Planning Commission by a conditional
use permit prior to any grading, construction or placing
of any equipment for the project, Construction of the project
I
Revised Conditions Page 3
10 0
11.
shall be completed within a reasonable time as specified in
the Master Reimbursement Agreement.
The applicant shall be responsible for the acquisition of
land, easements, or other rights necessary for the construc-
tion required by this condition. In the event the applicant cannot acquire same after the exercise of due diligence, the City shall have the option of acquiring the same through
its power of eminent domain, after due satisfaction of all legal requirements, including environmental review and public hearings, if required. In such event, the applicant
shall be responsible for the direct expense of environmental and planning review, retention of special counsel to prosecute the condemnation action or actions, and payment of any
required compensation to property owners. be reasonably certain, to the satisfaction of the City,
prior to their acceptance of any portion of the plant.
Any additional appurtenances necessary for reclamation,
storage, or use of the plant effluent, but not included for approval in this application, shall be subject to Planning Commission review and approval. At the time of review the
Planning Commission shall determine if such appurtenances
will have a significant adverse effect on surrounding property.
If it is determined that the appurtenances may have a signifi-
cant adverse effect, a conditional use permit shall be required. Such conditional use permit shall contain conditions sufficient to mitigate any such potential significant adverse effect,
Acquisition must
The applicant shall be financially responsible for and shall
make all reasonable efforts to acquire and provide a thirty foot wide access way from Tamarack Avenue to the treatment facility, with necessary easement rights to accommodate the reversible force main required by Condition 4 hereof. In the event applicant cannot acquire same after the exercise of due diligence, the City shall have the option to acquire
the same through its power of eminent domain, after due satisfaction of all legal requirements, including environ- mental review and public hearings, if required. In such event, the applicant shall be responsible for the direct
expense of environmental and planning review, retention of
special counsel to prosecute the condemnation action or
actions, and payment of any required compensation to property
owners. Acquisition must be reasonably certain, to the
satisfaction of the City, prior to any grading, construction or placing of any equipment for the project.
c
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R%vised Conditions
ADMINISTRATION
Page 4
12.
13.
14.
15.
Upon completion of construction and such inspection and
testing as required by City, the site, and all structures
and appurtenances for the treatment facilities, fail-safe effluent disposal system, recharge basin as shown on approved
exhibits, the thirty foot wide access way from Tamarack
Avenue to the treatment facility, and a11 other appurtenances approved by and pursuant to this approval shall be offered for dedication to the City of Carlsbad, free and clear of liens and encumbrances.
The applicant shall be responsible for the payment of all
costs of construction of the facilities as approved, Applicant may be reimbursed for certain costs expended in
construction of the treatment facility with more capacity than necessary to serve Lake Calavera Hills alone. City and applicant shall enter into a Master Reimbursement Agreement to provide for such reimbursement and to implement
the requirements of this Precise Development Plan. This agreement must be completed and accepted by the City Council before any application for discretionary approval may be
submitted or accepted on any project in the drainage basin,
except projects already approved or in the process of acquir- ing discretionary approval. If no agreement 1s reached within one year from the date of approval of this Precise Develop- ment Plan, a11 rights and approvals provided to applicant by this plan shall terminate and this plan shall no longer
have any force or effect.
Upon acceptance of the treatment facility, ownership shall vest in the City, Provided, however, that applicant, in consideration of its initiation and financing of this
facility, shall have reserved for it such capacity as may be
provided in the Master Reimbursement Agreement. Except as
provided herein, or as otherwise authorized by law, applicant
shall be subject to all existing or future ordinances regarding sewer allocation, permit issuance, or acceptance or approval of applications for discretionary approvals.
If the City agrees to accept the facility, access easements
or other property rights necessary for operation and main- tenance of the percolation ponds, excess effluent disposal line, and necessary appurtenances which have not previously
been vested in City pursuant to Conditions 9, 10 and 11 herein shall be granted to the City by applicant free and clear
of liens and encnmbrances.
- -- .Revised Conditions . Page 5
16. The applicant shal1,provide such easements over its own property as determined by the City Council to be necessary
to accommodate sewer service and reclamation for the other
properties in the drainage basin. This condition shall also be made a condition of applicant's Master Plan.
17. The applicant shall include in its master CC&R's for the entire project and in the subdivision public reports for
each phase a detailed description of the facility, its
proximity to dwelling units, and the potential for adverse impact. The CC&R's shall provide that the property owners
and their successors in interest covenant not to object to or take any action, directly or indirectly, in opposition to the location oE the facility nor its continued operation,
except to the extent that such objections and/or action
in furtherance thereof relate to the negligence or willful misconduct of the persons or entities then operating the
facility.
18. A condition that prohibits the use of self-regenerating water softeners shall be placed on all development permitted to use this waste water treatment facility.
Hills development shall contain such prohibition in the
CC&R'S,
The applicant shall submit and process a parcel map creating
separate lots for the treatment plant and recharge basins.
The Lake Calavera
u. .C
19.
20, The Lake Calavera Hills Master Plan (MP-l50(Al) shall be
amended as required by the approval of the zone change and
Precise Development Plan.
21, The applicant shall secure easement rights for the City
prohibiting the location of any habitable building within
one hundred yards from the outside edge of the service road or structure and equipment, whichever is nearer to habitable
buildings as indicated on Exhibit A-1. Tentative Map 76-12 and PUD-4 shall be amended if necessary showing such ease- ment prior to final map and final PUD.
22. To insure that the project will be designed with adequate
safety margins, a design study for the facility shall be
subnitted by Lake Calavera Hills Associates to the Public
Works Administrator or his designee and shall include the
following special studies: foundation, seismic safety, expansive soil, soil stability, and special engineering
requirements.
‘X’epised Conditions a Page 6
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23,
24.
25 e
26,
27.
28.
29.
30-
31.
Grading plans for all facilities shall be approved by the
Public Works Administrator or his designee, prior to
issuance of building permits.
provisions to limit grading, cut and fill and excavation to the minimum areas necessary to prepare construction pads and excavate for treatment, transport and disposal
facilities,
Such plans shall include
Drainage facilities adjacent to the treatment plant and percolation ponds shall be designed to accommodate a
one hundred year flood and protect the treatment plant and percolation ponds. These facilities shall be constructed
concurrently with grading activity,
Surfaces shall be graded\to direct runoff toward designed
drainage facilities and away from any cut and fill slopes.
.
Land shall not be cleared of vegetation except immediately before grading, and grading should take place only during
the dry season (April 16 to October 31).
All graded.slopes shall be stablized for erosion control
immediately following grading by the developer.
Landscape and irrigation plans shall be submitted far the approval of the Planning Director.
shall be designed to screen the treatment facilities
recharge basins from surrounding properties. Plans shall include fast growing, tall trees as well as a
combination of shrubs and ground cover. Plants shall
be draught tolerant, fire retardant where necessary and
easily maintained, shall be fully installed prior to the City accepting
the facilities.
Natural vegetation and existing Eucalyptus trees shall be
retained wherever possible.
The landscaping
The approved landscaping and irrigation
All pumps, generators and other noise producing mechanisms
shall be placed underground and/or shielded in such a manner to reduce noise attributed to the facility to a maximum of
fifty-five dba at property line of all facilities.
The a-oplicant shall submit an archaeological investigation for t& approval of the Planning Director that indicates the
location of any archaeological resources that could be affected by the construction of the treatment facility, recharge basirrs, effluent line and any accessory pumps,
access roads, wells, etc.
Plans shall include means to mitigate any potential impacts noted in this investigation.
The final Precise Development
.- Revised Conditions Page 7
32, The access.way from the plant to Tamarack shall be improved with a minimum of twenty foot wide asphalt concrete drive-
way and shall be approved by the City Engineer and Fire
Chief -
33, Fire hydrants shall be installed at locations and with
flow rates as approved by the Fire Chief or his designee.
percolation ponds, The location, dimension and construction of the driveway shall be to the satisfaction of the City Engineer and the Planning Director.
The equestrian trail through the treatment plant site as
shown on Exhibit A-1, dated April 11, 1979, shall be constructed by the applicant and maintained by the Lake Calavera Hills Homewoners Association.
the equestrian trail located between the treatment plant
and the recharge basins shall be 'placed within the effluent
line easement, and shall be constructed by the applicant
and maintained by the Lake Calavera Hills Homeowners
Association.
contain this condition.
Fina1,plans for treatment facilities and recharge basins
shall indicate appropriate lighting to provide adequate night time operations. Such lighting shall be designed
in a manner so that nearby residences or public streets are not adversely affected. The lighting plan shall be
subject to the approval of the Planning Director,
34, An asphalt concrete driveway shall be provided to the -.
\
35,
The portion of
The CC&R's for Lake Calavera Hills shall
36.
37. The treatment facility, recharge basins and any other
mechanical appurtenances shall be totally enclosed by a fence a minimum of eight feet in height and designed for security purposes, subject to the requirements of the State
Water Quality Control Board,
38. The applicant shall provide a method approved by the Public
Works Administrator for the disposal of. sludge created by
the treatment plant-
All equipment proposed to be placed on any roof shall be
screened from public view and subject to the approval of
the Planning Director.
39.
40. After approval, the applicant shall submit a reproducible
copy of the Precise Development Plan which incorporates
all requirements of the approval to the City Manager for signature, Prior to signing the final Precise Development
I e -,
' .- .. , Revised Conditions
41-
Page 8
Plan, the City Manager shall determine that all applicable
requirements have been incorporated into the plan and that
all conditions of approval have been satisfactorily met or otherwise guaranteed.
ment Plan shall be the official site layout plan for the
property and shall be attached to any application for a building permit on the subject property.
This Precise Development Plan shall be effective only
when an ordinance approving Zone Change 203 becomes
effective .
The final signed Precise Develop-
December 11, 1979 e
EXHIBIT I'S"
LAKE CALAVERA HILLS WASTEWATER TREATMENT, DISPOSAL, RECLAMATION AND ASSOCIATED FACILITIES
The facility to be furnished to the City by Lake Calavera Hills Associates shall be a complete functional system capable of op- erating at the rate of 1,200,000 gallons per day, average daily flow, in conformance with approved plans and specifications as well as in conformance with the regulations of all applicable regulatory agencies. The facility shall include, but not be limited to, the following, unless certain specific items are not required by the applicable regulatory agencies:
7. Land and Easements
a. Land for the treatment plant site and access road from Tamarack Avenue;
b. Non-specific easements for the pipelines from the treat- ment plant to the percolation fields;
c. Non-specific easements for the pipelines required as part of the reclamation system;
do Land for the Buena Vista percolation field and acc"ess road;
e. A non-specific easement for an effluent disposal fail- safe line from the treatment plant to the Encina Water Pollution Control Facility; and
f. Land and easements as may be required for the percola- tion system (see #4 below) approved by the Regional Water Quality Control Board and by the City of Carlsbad, The reclamation system shall include, but may not be limited to, additional effluent treatment works, ch?or- ination facilities, demineralization, brine lines, wells, pumps, grout curtains, force mains, underground storage and above-ground balancing reservoirs.
2. Treatment Plant
a. tieadworks:
b. Two-600,000 gallon oxidation ditches (activated sludge- extended aeration, 24-hour detention time) with at least two each brush-type aerators, drive motors, weirs, control valves ;
accepting effluent from either of the oxidation ditches;
1.
c. Two adequately sized clarifiers with systems capable of z
d. Aerobic sludge digestor;
0
e. Sludge thickener;
f. Chlorination contact chamber;
g. Sludge compactor;
e
h. Building housing auxiliary space, facility controls, machine shop, laboratory, office;
Pumps, force main, gravity line, booster pumps as necessary €or transportation of 1.2 million gallons per day of treated effluent to either the reclamation system or to the Encina Water Pollution Control Fa-
cility ocean outfall;
i,
j. Pump station and force main to transport raw sewage from sewer main in El Camino Real, at its intersec- tion with Tamarack Avenue or Kelly Drive, to the treatment plant. accommodate reverse flow from the treatment plant to the sewer main in El Camino Real; .
This sytem shall be designed to
k. Drainage facilities as may be required to protect the plant from a 1.00-year flood; and
Any necessary appurtenances required to operate a 1.2
million gallons per day plant. 1.
-,_ ... *.
Effluent Disposal
a. Pump station, force main, gravity line and booster p~np as required to transport treated effluent to the
Encina Water Pollution Control ]Facility ocean outfall per #2i above.
Reclamat ion System
a. Water purification facilities satisfactory to the State
and County Health Agencies, to the Regional. Water Quali- ty Control Board and to the City of Carlsbad for the
purpose of meeting reclaimed water standards and basin objectives.
Of:
(1)
(2)
Such purification facilities could consist
Coagulation and sedimentation, reverse osmosis and extended chlorination; or
Such other combination of facilities approved by
the regulatory agencies,
b. Percolation fields, check dams, drainage control systems, and other appurtenances‘ as may be required to operate a spreading bed in the Buena Vista drainage shed capable of aquifer storage of a minimum of 90 days’ production
at 1.2 nillion gallons per day.
*" t 7. =. e
* ** 2 c. Wells, pumps, grout curtains, force mains, balancing
reservoir and other appurtenances as may be required to operate a system to transmit reclaimed water from either the purification facilities or the aquifer stor- age to such distribution systems as may be approved.
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