HomeMy WebLinkAboutCosta Real & Olivenhain Water Districts; 1987-06-09;WIU IE tT-1)t)N’T ~ii)i IT INTER-DEPARTMENT AORANDUM
A M.
TO John Cahill DATE 6-29 19 87 P. M.
Re: Agreement for Provision of Water Service for La Costa Ave.
Corridor Projects
Enclosed for your records is a copy of the original agreement which
was returned to us by Costa Real today.
of Mr. Brammell’s letter as well. Please note his reference to
the fact that Olivenhain Mun. Water District has determined that
they do not have to sign the agreement!!! I am enclosing for you
a copy of the letter from Olivenhain Mun. Water District as well.
Since I cannot force Olivenhain to sign the document, we will
file the agreement as is pending any instructions from you
to the contrary.
Thank you.
I am including a copy
Karen Kundtz REPLY ON THIS SHEET FROM
WI L M ER SERVICE- UNC STANDARD INTER DEPT. MEMO FORM 11-24-PD
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* 0 0 Costa Real
' 0 ."'*o"". Municipal Water Distr
5950 El Camino Real, Carlsbad, CA 92008
Telephone: (619) 438-2722
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June 25, 1987
City of Carlsbad 1200 Elm Avenue
Carlsbad, California 92008
Attention: Lee Rautenkranz, City Clerk
Subject: Agreement to Provide Extra-Territorial Water
Service for Irrigation Purposes
Enclosed is a signed original of the subject agreement for your files. A copy of a letter from Olivenhain Municipal Water District explaining why they did not feel the agreement required a signature
from them is also enclosed. +&
Thomas L. Brammell General Manager
TLB : fw
Enclosures
.
AGR &"I! TO PROVIDE EXTRA-TERR 9 TORIAL
WATER SERVICE FOR IRRIGATION PURPOSES + This agreement is entered into this ydday of
19@, between and among the Costa Real Municipal Wate Dist
("Costa Real"), the City of Carlsbad ("City") and the Oliven Municipal Water District ( "Olivenhain" 1, with respect to following facts:
A. Costa Real maintains a water line at the cornel El Camino Real and La Costa Avenue within the boundaries
the District.
B. The City is widening La Costa Avenue, a portio1
which lies within the boundaries of Olivenhain and out
the boundaries of Costa Real. City desires to construc
water line for landscape irrigation purposes along La C
Avenue.
C. Olivenhain currently has no water lines in the vici
of La Costa Avenue which can feasibly serve the City.
D. The "Water Service Agreement" between Costa
and City does not apply to territory outside of Costa Re
boundaries, but within the boundaries of City.
E. City desires to purchase, and Costa Real des
to sell, up to one afa of surplus water to be used out
the boundaries of Costa Real for City's use for landscape mai
nance purposes only.
NOW, THEREFORE, it is agreed among the parties:
1. Connection; Water Use. City may connect
the water system of Costa Real at the corner of El Camino
and La Costa Avenue a water line solely for landscape irriga
of the City-owned property and slope easements shown on Exk
"A" hereto.
2. Surplus Water. City recognizes that Costa
has a responsibility to the water users of the Costa Real Mur
pal Water District to attempt to maintain an adequate SL
of water, Therefore, City shall be entitled, under this ac
ment, to purchase only such water as is surplus to the i
of the residents of Costa Real, as determined by its E
of Directors. In the event Costa Real determines that t
is no surplus water available to it, Costa Real may su5
or terminate water service pursuant to this agreement written notice at any time.
3. Water Rates. For the term of this Agreen
City shall pay District in the same manner as and at the rates as retail customers of City and District pay for P service.
e r Conservinq Practice City agrees
erving practices, and 9 consider xeris
I methods and native plant material in the area served purs
' utilize w
to this agreement.
5. Consent to Water Service. Olivenhain cons
to the provision of water by Costa Real within the bounda
of Olivenhain; provided, however, that in the event of a ~i shortage during which water supplies from the San Diego Cc
Water Authority are allocated, service under this cont
shall be suspended, or if not suspended, shall not be cou in such allocation calculation so as to reduce the alloca
of Olivenhain.
6. Construction and Operation of Waterline.
City agrees that construction, maintenance, inspection
operation of the water line shall be the City's responsibil
The connection and water line between the connection and
meter shall be constructed in accordance with the stan<
and specifications of Costa Real. Costa Real has appi
the plans and specifications for the line from the mail
the meter. Water use shall be metered, and the meter E
be read by City staff on the same schedule as other city me are read. Neither Costa Real nor 01ivenhai-n shall be requj
as a result of this agreement, to incur any costs or expc
in the provision of water service hereunder.
7. Term of Agreement. The initial term of
agreement shall be ten (10) years. This agreement shal
automatically renewed for successive 10-year periods UI
any party gives six months prior written notice 05 terminatic
8. Attorneys' Fees. In the event of any c:
dispute or action arising out of the terms and condition
this agreement, the prevailing party shall be entitled to re; able attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this agrec
by their officers therein duly authorized as of the date
year first written above.
ATTEST :
cL&tkcL aQ. u
ALETHA L. RAUTENKRANZ, City Clark
(SEAL)
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OLIVENHAIN MUNICIPAL WATER DISTRIl
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BOARD OF DIRECTORS GENERAL C(
Ar?n i. Prcl~.. President 1066 OLI\;EhSrZIK ROAD Vernon A. Pe
:--!otccrd G. &!ern. Vice Presiderlt ENGINEER
f?ar!ey L. Denk. Secretary PHOSE '019; 7:3-6466 Bopie Engine6
MANAGER
William H. Hc Thelma iLI. Miller. Director
EX CiN ITAS. C ALIFOilN I A 9 2024
Haro!d i. Gano. Treasurer 22June1987
Costa Real Municipal Water District
5950 El Camino Real Carlsbad, CA, 92008
Attention: Thomas Brammell
Subject: Water Service Outside Costa Real Service Area
Dear Tom:
Your letter of 30 March 1987 contained'a request for and a draft agreement'for C
Real to serve irrigation water in Olivenhain's service area along portions of La Costa Ave
As this District has no facilities to serve the area, the request is considered reasonable.
Staff recommended and the Board of Directors approved the consent for Costa Re€ serve the areas along La Costa Real as delineated in that correspondence with irrigE water for a period not to exceed ten (10) years. It was recommended by staff and acce
by the Board that a formal agreement to this matter is not required. This letter conf
this understanding. I
On 19 June 1987, District received approved agreements concerning this matter v were to be executed. In light of the decision of the Board of Directors, these agreen are being returned herewith.
If there are any questions concerning this matter, the undersigned should be contal
General Manager
Enclosures
cc: Smith & Peltzer, Wesley Peltzer
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RESOLUTION NO. 9112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBP
CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND THE COSTA REAL MUNICIPAL WATER DISTRICT TC
PURPOSES FOR THE CITY'S LA COSTA AVENUE CORRIDOR PROJEC
PROVIDE EXTRA-TERRITORIAL WATER SERVICE FOR IRRIGATION
WHEREAS, the City of Carlsbad requires water servi
the City's La Costa Avenue Corridor projects; and
WHEREAS, the construction area of said projeci
within the jursidictional boundaries of both the Cosi
Municipal Water District and the Olivenhain Municipa
District; and
WHEREAS, the Olivenhain Municipal Water District CUI
has no waterlines in the vicinity of La Costa Avenue wh.
feasibly and economically serve said project; and
WHEREAS, the Costa Real Municipal Water District ma
a waterline at the corner of La Costa Avenue and El Cami
within the boundaries of said district; and
WHEREAS, the Olivenhain Municipal Water Distri
1 consented to allowing the Costa Real Municipal Water D
to supply water service for the City of Carlsbad's L
Avenue Corridor projects within Olivenhain's boundaries;
NOW, THEREFORE, BE IT RESOLVED by the City Council
City of Carlsbad, California, as follows:
1. That the above recitations are true and correct
2. That the City Council of the City of Ca
California, does hereby approve the attached agreement w
Costa Real Municipal Water District to provide
territorial water service for the City of Carlsbad's L
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Avenue Corridor projects under the terms and conditions
agreement, which is incorporated by reference and made
hereof.
3. That the Mayor and City Clerk of the City of Ca
California, are hereby authorized to execute said agreem
PASSED, APPROVED, AND ADOPTED at a regular meeting
Carlsbad City Council held on the gth day of June
1987 by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Mamaux, Pettine, La
NOES: None
ABSENT : None
ATTEST:
A L E* R A4E &$$f?6!mF k
(SEAL)
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1200 ELL:; AVENUE TEL
CARLSBAD, CALIFORNIA 92008 (619
Office of the C~fy Clerk
Citp of Carls'bab
June 12, 1987
Costa Real Municipal Water District
5950 El Camino Real
Carlsbad, CA 92009
Attn: General Manager
RE: AGREEMENT TO PROVIDE EXTRA-TERRITORIAL WATER SERVICE FOR
IRRIGATION PURPOSES
The Carlsbad City Council, at its June 9, 1987 meeting, adopted
Resolution No. 9112, approving an agreement with the Costa Real
Municipal Water District and Olivenhain Municipal Water District
to provide water service for irrigation purposes for the City's
La Costa Avenue Corridor projects.
Enclosed is a copy of our Resolution No. 9112 as well as three
(3) original agreements for signatures. After you have signed
all three sets, please forward them to the Olivenhain Municipal
Water District for their signatures. Hopefully, when they have
approved and signed off on the documents they will return an
original signed document to CRMWD as well as to the City of Carlsbad.
Thank you for your assistance in this and please don't hesitate
to call me if you have any questions regarding this matter.
XiiiiiTB Deputy City Clerk
KRK/kds
Encl .
.
AGR E@ENT TO PROVIDE EXTRA-TE AORIAL
WATER SERVICE FOR IRRIGATION PURPOSES
*
This agreement is entered into this day of
19-, between and among the Costa Real Municipal Water Dis ("Costa Real"), the City of Carlsbad ("City") and the Olive Municipal Water District ( "Olivenhain" ) , with respect tc following facts:
A. Costa Real maintains a water line at the corn(
El Camino Real and La Costa Avenue within the boundarie
the ,District.
B. The City is widening La Costa Avenue, a porti< which lies within the boundaries of Olivenhain and ou
the boundaries of Costa Real. City desires to constrl
water line for landscape irrigation purposes along La
Avenue.
C. Olivenhain currently has no water lines in the vic
of La Costa Avenue which can feasibly serve the City.
D. The "Water Service Agreement" between Costa and City does not apply to territory outside of Costa R
boundaries, but within the boundaries of City.
E. City desires to purchase, and Costa Real de
to sell, up to one afa of surplus water to be used ou
the boundaries of Costa Real for City's use for landscape ma
nance purposes only.
NOW, THEREFORE, it is agreed among the parties:
1. Connection; Water Use. City may connec
the water system of Costa Real at the corner of El Camino
and La Costa Avenue a water line solely for landscape irrig
of the City-owned property and slope easements shown on Ex
"A" hereto.
2. Surplus Water. City recognizes that Costa
has a responsibility to the water users of the Costa Real Mu
pal Water District to attempt to maintain an adequate S
of water. Therefore, City shall be entitled, under this a
ment, to purchase only such water as is surplus to the of the residents of Costa Real, as determined by its
of Directors. In the event Costa Real determines that
is no surplus water available to it, Costa Real may sU
or terminate water service pursuant to this agreement
written notice at any time.
3. Water Rates. For the term of this Agree City shall pay District in the same manner as and at the rates as retail customers of City and District pay for service.
t dl) City agrees
Conservinq Practices
utilize w rving practices, and t consider xeris
methods and native plant material in the area served purs
to $his* agreement.
5. Consent to Water Service. Olivenhain cons
to the provision of water by Costa Real within the bounda
of Olivenhain; provided, however, that in the event of a v, shortage during which water supplies from the San Diego Cc
Water Authority are allocated, service under this cont
shall be suspended, or if not suspended, shall not be cou in such allocation calculation so as to reduce the alloca
of Olivenhain.
6. Construction and Operation of Waterline.
City agrees that construction, maintenance, inspection
operation of the water line shall be the City's responsibil
The connection and water line between the connection and
meter shall be constructed in accordance with the stand
and specifications of Costa Real. Costa Real has appr
the plans and specifications for the line from the mail the meter. Water use shall be metered, and the meter E
be read by City staff on the same schedule as other city me
are read. Neither Costa Real nor Olivenhain shall be requi
as a result of this agreement, to incur any costs or expc
in the provision of water service hereunder.
agreement shall be ten (10) years. This agreement shal
automatically renewed for successive 10-year periods ur
any party gives six months prior written notice ofi terminatic
8. Attorneys' Fees. In the event of any cl
dispute or action arising out of the terms and condition
this agreement, the prevailing party shall be entitled to re; able attorneys' fees.
IN WITNESS WHEREOF, the parties have executed this agree
by their officers therein duly authorized as of the date
year first written above.
7. Term of Agreement. The initial term of
ATTEST :
ALXTHA L. RAUTENKfiANZ, City Clerk
(SEAL) COSTA REAL MUNICIPAL WATER DISTRI(
-
OLIVENHAIN MUNICIPAL WATER DISTRI(
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