HomeMy WebLinkAbout1998-10-06; City Council; Resolution 98-3210 0
1 RESOLUTION NO. 98-321
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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THE VALLECITOS WATER DISTRICT FOR THE INSTALLATION,
CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
ACQUISITION AND MAINTENANCE OF A SEWER LINE,
ASSESSMENT NO. 96-1, RANCHO CARRILLO.
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WHEREAS, the City Council of the City of Carlsbad, California, on June 23, 1998,
adopted Resolution No. 98-210 approving a Resolution of Intention to Order the Acquisition of
Certain Improvements for Assessment District No. 96-1, Rancho Carrillo; and
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8 WHEREAS, the developer is constructing sewer line facilities to be owned and operated
9 by the Vallecitos Water District; and
10 WI IEREAS, the sewer line facilities were included in the Acquisition Agreement approved
11 by the City Council; and
12 WI-IEREAS, the Installation, Acquisition and Maintenance Agreement with Vallecitos
13 Water Disl:rict will not take affect until after proceedings have been taken and funds are available
pursuant lo the "Municipal Improvement Act of 1913". 14 11 NCIW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 I I California, as follows:
16 1. That the above recitations are true and correct.
2. That the Agreement for Installation, Acquisition, Conveyance, Maintenance and 17
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hereby authorized and directed to execute said agreement. 19
Operation of Improvements, a copy of which is attached, is hereby approved and the Mayor is 1
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3. Following the execution of the agreement, the City Clerk is further authorized and
directed to forward originals of the agreement to the Engineering Department and to the
Vallecitos Water District.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 6th day of October , 1998 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Nygaard, and Hall
NOES: None
ATTEST:
AL!&Ek$t?E (SEAL)
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AGREEMENT FOR INSTALLATION, ACQUISITION,
CONVEYANCE, MAINTENANCE AND OPERATION OF I"ENTS
THZS AGREEMENT, made and entered into this 10th day of October 1998, by and
between the CITY OF CARLSBAD (hereinafter calf "City "), the VALLECITOS WA%ER DISTRICT
(hereinafter called "District"), and CONTINENTAL RANCH, INC. (hereinafter referred to as
"Property Owner").
WHEREAS, City is considering proceedings pursuant to the provisions of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of
California, for the acquisition of certain improvements, including certain sewer improvements, within
a special assessment district, and to assess the costs and expenses of such improvements against
properties benefitting from said improvements, said special assessment district known and designated
as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter referred to as the
"Assessment District");
WHEREAS, District is a public agency organized and existing under the laws of the State of
California, and is authorized and obligated to provide service to the territory and property within the
boundaries of the proposed Assessment District;
WFEREAS, Property Owner is an owner of property within the boundaries of the proposed
Assessment District, and said Property Owner is constructing and installing the facilities prior to sab
of bonds for said Assessment District;
WHEREAS, the improvements to be acquired under the Assessment District include the installation
of public improvements, together with certain facilities that will be under the ownership, management
and control of District and a general description of such "facilities" is as foliows:
The relocation of sewer facilities as necessary for the construction of Melrose Drive
beween Palomar Airport Road and its northerly termination within the Assessment
District;
WWEREAS, City, District and Property Owner desire at this time to enter into this Agreement
pursuant to the provisions and authorization of Section 101 10 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows:
RECITALS
SECTION 1. That the above recitals are all true and correct.
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PROCEEDINGS
SECTION 2. City shall continue to conduct proceedings for financing the acquisition of improvements proposed for the above-referend Assessment District, including those
facilities to be under the ownership, management and control of District, and for a full
and complete description of the facilities to be under the control, management and
ownership of District, reference is hereby made to the plans and specifications as
previously approved, all of which will be incorporated in the Engineer's "Report" for
the ahve-referenced Assessment District.
PLANS AND SPECIFICATIONS
SECTION 3. District shall hrnish and supply, and/or approve, all plans, specifications and
drawings, as well as provide administration, supervision and inspection as necessary
and required for the construction and installation of the above referenced facilities.
PROPERTY OWNER CONSTRUCTION
SECTION 4. In order to expedite the prodigs and to initiate the construction of the facilities,
Property Owner is constructing and installing said facilities. Upon a successfUI sale
of bonds, the City shall then pay to Property Owner the costs and expenses of the
facilities pursuant to the terms of that certain Acquisitioflinancing Agreement by and
between Property Owner and City, which is on file and open to public inspection.
IMPROVEMENT FUND
SECTION 5. Upon the confirmation of an assessment to pay the costs and expenses of the works
of improvement, the City shall establish a special Improvement Fund, into which shdl
be deposited all payments made upon any assessment, as well as the proceeds from the
sale of bonds. This Fund shall be used exclusively for the payment of the costs and
expenses of the proceedings and to reimburse costs for the construction and installation
of the sewer facilities.
PAYMENT
SECTION 6. All payments required to be made by City for the Assessment District shalt be made
solely and exclusively from the special Improvement Fund, and City shall not be
obligated to make any such payment from any other funds or monies of said City.
This Agreement is subject to the power of the legislative body to abandon the
proceedings at any time prior to the effective date of this Agreement.
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OWNERSHIP OF FACILITIES
SECTION 7. Upon completion of the installation of the facilities, District will own, operate and
maintain said facilities. Said facilities shall become part of the system of District &
shall thereafter be used, operated and maintained as part of said system.
AUTHORIZATION
SECTION 8. This Agreement is made pursuant to the authorization of Section 10110 of the Streets
and Highways Code of the State of California, the "Municipal Improvement Act of
1913".
EFFECTIVE DATE OF AGREEMENT
SECTION 9. Pursuant to Section 10110 of the Streets and Highways Code, this Agreement shall
become effective after proceedings have been taken and work ordered, pursuant to the
"Municipal Improvement Act of 1913" and hnds are available to carry out alt of its
terms. In the event the proceedings for the formation of the special Assessment
District shall be abandoned, enjoined or held by a court of competent jurisdiction to
be illegally or improperly conducted, or if for any reason the proceedings are not
consummated, or if consummated and funds are not sufficient or available, then this
Agreement shall be terminated and any Agreement between the parties shall be
Canceled.
SECTION 10. Property Owner, its successors and assigns agree to indemnify and hold harmless the
City, the District, and their respective officers, officials, employees and volunteers
from and against all claims, damages, losses, and expenses including attorney fees
arising out of the performance of the work described herein caused by any willEul
misconduct, or negligent act, or omission of the Property Owner, any contractor, any
subcontractor, anyone directly or indirectly employed by any ofthem, or anyone for
whose acts any of them may be liable. Property Owner, its successors and assigns also
agree to indemnify and hold harmless the District, and their respective officers,
officials, employees and voIunteers from and against all claims, damages, losses, and
expenses including attorney fees arising out of this Agreement.
NOTICE
SECTION 11. Any notices authorized or required by this Agreement shall be deemed to have been
given when deposited in the United States mail, postage prepaid, addressed to the
persons below listed:
TO CITY: City of Carlsbad
1200 Carlsbad Village Drive
CarIsbad, CA 92008
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TO DISTRICT: ValIecitos Water District
201 ValIecitos De Or0
San Marcos, CA 92069
TO PROPERTY OWNER: Continental Ranch, Inc.
12636 High Bluff Drive, Suite 300
San Diego, CA 92130
IN Wl'lNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first
hereinabove written.
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VALLJXITOS WATER DISTRICT
By: t
William W. Rucker
General Manager
CONTINENTAL RANCH, INC.
By: b4z &>
ITS .' I/[& f%GS
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