The URL can be used to link to this page

Home My WebLink About1986-06-17; City Council; Resolution 8614.. 1 2 3 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 24 25 26 27 28 RESOLUTION NO. 8614 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR PROVIDING WATER SERVICE TO STAGECOACH PARK WHEREAS, the City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That an agreement between the City of Carlsbad and the Olivenhain Municipal Water District for providing water service to Stagecoach Park, a copy of which is attached hereto as exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized to execute said agreement 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 17th day of June 1986, by the following vote, to wit: AYES : Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None MARY CA#ER, Mayor ATTEST : Lz&zZL/fz- ALETHA L. RAUTENKRANZ, City qerk (SEAL) AGREEMENT TO PROVIDE WATER SERVICE TO CITY OF CARLSBAD STAGECOACH PARK THIS AGREEMENT is entered into by and between the OLIVENHAIN MUNICIPAL WATER DISTRICT (hereinafter "DISTRICT") , a municipal water district organized and existing under California Water Code Section 71000 et seq., and the City of Carlsbad, a general law city, (hereinafter "City"). R-E-C-I-T-A-L-S 1. CITY is the owner of approximately 28 acres of land located in the City of Carlsbad, as shown in Exhibit "A" attached hereto and incorporated herein by reference. 2. CITY plans to construct and operate a public park (Stagecoach Park) which is within the water service jurisdiction of the DISTRICT and on land owned by the CITY. 3. CITY understands that the DISTRICT will be providing water both to irrigate a portion of the park and to provide potable service to the public facilities. 4. Because of the substantial volume of potable water being requested by CITY for irrigation purposes , the DISTRICT and CITY agree that irrigation water supplied to CITY'S public park in accordance with this Agreement shall be limited to 430 gallons per minute with a maximum usage of 309,000 gallons per day. However, CITY may request more than this amount upon telephonic request 24 hours in advance of the delivery period. If DISTRICT approves, additional delivery -1- will be allowed. The irrigation water limitations shall become effective on 1 February 1987 in order to provide the CITY extra capacity to establish the landscaping. CITY also agrees to take potable water from the DISTRICT'S system for irrigation purposes only during the hours of 8:OO p.m. and 8:OO a.m. each day. 5. CITY further expressly agrees that the DISTRICT may reduce or terminate potable water service for irrigation purposes either temporarily or permanently if the DISTRICT determines that there is a water shortage in its service area, in its sole discretion. 6. CITY agrees that DISTRICT'S policy of utilizing reclaimed water for irrigation purposes in all reasonable and feasible circumstances is necessary and beneficial to the public good. C-0-V-E-N-A-N-T-S 1. Water Service Being Provided. The DISTRICT hereby agrees to furnish potable water for irrigation and domestic purposes to CITY'S Stagecoach Park public park facility. 2. Flow Restrictions. CITY agrees that the water flow for irrigation purposes to the public park be limited to no more than 430 gallons per minute (430 GPM) with total gallons not to exceed 309,000 gallons .per day. However, CITY may request more than this amount upon telephonic request 24 hours in advance of the delivery period. If DISTRICT approves, additional delivery will be allowed. The irrigation water limitations shall become effective on 1 February 1987 in order to provide the C.ITY extra capacity to establish the landscaping. 3. Time of Use. CITY hereby further agrees that it shall use water provided by the DISTRICT for irrigation purposes only between the hours of 8:OO p.m. and 8:OO a.m. each day. -2- I. 0 4. Reduction or Termination of Water Service. CITY agrees that the DISTRICT may, at any time, temporarily or permanently, reduce or terminate the potable irrigation water service to the CITY'S public park if the DISTRICT determines that a water shortage exists in its service area for any reason. The existence of a water shortage shall be left to the sole discretion of the DISTRICT. 5. Meter and Connection Fees. The DISTRICT and CITY hereby agree that water will be furnished to the public park via two three-inch water meters. The meters'are to be installed by the DISTRICT with such equipment as required by the DISTRICT. CITY will pay for all fees, costs, and expenses of labor, materials and associated costs for installation of the water meter and appurtenances together with connection fees as required by the DISTRICT. 6. Use of Reclaimed Water. CITY agrees to use reclaimed water for irrigation purposes when it is made available by the DISTRICT. Reclaimed water quality shall meet all requirement of Title 22 of the California Administrative Code. The DISTRICT shall notify the CITY, in writing, when reclaimed water is available for irrigation of the park. Upon receipt of this notice, the CITY agrees to design and install a reclaimed water system as determined by the DISTRICT, in its sole discretion. All fees, costs, and expenses associated with installation of a reclaimed water system to irrigate the park shall be borne solely by CITY. CITY agrees to pay all reclaimed water fees and charges imposed by the DISTRICT from time to time. The determination that reclaimed water is available to irrigate the park shall be left to the sole discretion of the DISTRICT. 7. Injunctive or Declaratory Relief. It is agreed between the parties that it would be extremely difficult to determine the actual damages suffered by the DISTRICT or its constituents if this Agreement is breached. The parties therefore agree that the DISTRICT shall be entitled to enforce this Agreement by the use of injunctive or declaratory relief in addition to such other relief -3- as may be afforded by law. CITY hereby agrees to waive any right it or its successors or assigns may have to challenge the right of the DISTRICT to enforce or interpret the terms of this Agreement by way of injunctive or declaratory relief in any subsequent arbitration or litigation. 8. Indemnity. CITY hereby agrees to indemnify the DISTRICT from any and all claims, demands, loss, costs, fees or expenses of whatever type or nature sustained by any person or entity, including CITY due to reduction or termination of water service as a result of the Agreement. 9. Venue. In the event of any litigation or arbitration to enforce or interpret the terms of this Agreement, venue shall lie only in the State or Federal Courts in or nearest to the North County Judicial District, County of San Diego, State of California. 10. Attorneys' Fees. In the event of any dispute related in any way to this Agreement, the prevailing party shall be entitled to all reasonable attorneys' fees and costs in addition to such other relief as may be afforded by law, whether or not litigation or arbitration is actually commenced. 11. Successors and Assigns. This Agreement shall be binding upon CITY and its assigns and successors in interest of the public park. CITY shall assign the benefits and delegate the duties under this Agreement as part of any transfer by CITY of any interest in the public park. No person or entity shall have any claim against CITY or DISTRICT arising out of the termination of water service by DISTRICT under the terms of this Agreement. 12. Entire Agreement. This Agreement represents the entire understanding between the parties. There are no representations of warranties made by any of the parties, their agents, servants, employees, or independent contractors which are not contained within the terms of this Agreement. Any prior oral or written representations of understandings shall be deemed null and void and of no force or effect. -4- 13. Unenforceable Provisions. This agreement shall be interpreted wherever possible as consistent with all applicable laws and regulations. To the extent that any term, covenant, or condition of this Agreement as so interpreted, is rendered unenforceable, the remaining provisions shall be carried into full force and effect. CITY OF CARLSBAD Dated: J-Y Id& /9 a By:kp d; &A& Mary H. Ca er, Mayor ATTEST : Dated: /r /9K& By : OLIVENHAIN MUNICIPAL WATER DISTRICT Dated: By : Ann L. Peay President, Board of Directors ATTEST : Dated : By : Harold L. Gano Secretary, Board of Directors -5- (Y 0 Q