Loading...
HomeMy WebLinkAboutLeucadia Wastewater District; 2009-10-20;RECEIVED MAR 12 2009 ENGINEERING DEPARTMENTAGREEMENT FOR CITY OF CARLSBAD TO ASSUME Cl>l' PERMANENT WASTEWATER SERVICE TO THE MEADOWS 3 SERVICE AREA OF LEUCADIA WASTEWATER DISTRICT This Agreement is entered into between LEUCADIA WASTEWATER DISTRICT and CITY OF CARLSBAD. RECITALS This Agreement is made with respect to the following: A. LEUCADIA WASTEWATER DISTRICT (DISTRICT) is a county water district established and existing under Water Code § 30000 et seq. that provides sewer service to the north area of the City of Encinitas and to the south area of the City of Carlsbad. B. The CITY OF CARLSBAD is a municipal corporation (CITY) that has jurisdiction to provide sewer service within the CITY. C. There is an existing Reimbursement Agreement for Carlsbad Tract No. 93-04 - Rancho Carrillo Village Q4 last dated June 15, 2000 that provides for temporary sewer service by DISTRICT for 25 dwelling units in the CITY sewer service area (hereafter referred to as the "Carrillo Village Properties"). The prior Agreement anticipated that CITY would construct other wastewater collection facilities to directly serve the Carrillo Village Properties in the future. Those facilities are now being planned and designed with construction anticipated in 2009. Upon completion and connection of the Carrillo Village Properties to the CITY sewer system, the prior Reimbursement Agreement will expire. D. DISTRICT owns and operates the Meadows 3 Wastewater Pump Station, which currently serves the Carrillo Village Properties and an additional 70 assessor parcels / dwelling units within the CITY and within the DISTRICT Meadows 3 Service Area per Exhibit 1, (hereafter referred to as the "Additional Properties"). With minor additional facilities added by CITY, the new CITY facilities could provide wastewater service to the Carrillo Village Properties and Additional Properties (collectively referred to as "the Properties", thus allowing abandonment and demolition of the existing DISTRICT Meadows 3 Pump Station. E. Transfer of sewer service from DISTRICT to CITY for the Properties will require completion of this Agreement and approval by the Local Agency Formation Commission (LAFCO) of a Detachment from the DISTRICT. Carlsbad/LWD Carrillo/Meadows Agreement Page lofS AGREEMENT NOW THEREFORE, it is agreed by and between CITY and DISTRICT as follows: 1. CITY shall be responsible for all gravity sewer service plan checking, design plan approvals, bonding, construction, construction inspection, and acceptance of all required wastewater facilities required to provide gravity sewer service for the Carrillo Village Properties. 2. In addition, CITY shall be responsible for all design and construction work required to connect the Additional Properties to the CITY sewer system including demolition of the Meadows 3 Pump Station and related facilities. CITY shall provide records of said expenses to LWD with a request for reimbursement of actual expenses. 3. DISTRICT shall reimburse CITY for the actual expense related to the connection of the Additional Properties to the CITY sewer system and Meadows 3 Pump Station demolition. 4. The parties may agree to have all or some of the work required by this agreement done as a joint project. The parties shall prepare bids and itemize costs for such work in a manner that allows costs to be allocated and paid by the responsible entity. 5. DISTRICT shall allow CITY, and authorized agents of the CITY, to access DISTRICT sewer easements for purposes of design and construction of new CITY gravity sewer facilities in the vicinity of the DISTRICT Meadows 3 Pump Station. Such access shall include construction of the new CITY sewer to be completed by horizontal directional drilling and/or open trench methods. 6. Sewer easements within the area of proposed detachment from the DISTRICT in La Costa Meadows Unit No. 3, Map No. 7076, were dedicated "on the map" per the language: "SEWER EASEMENT DEDICATED HEREON." All sewer easements will remain in effect. After detachment from the District of the Additional Properties, the CITY shall assume the benefit of the sewer easements as well as ownership and responsibility for the sewers serving the Additional Properties. 7. The existing sewer easements for the forcemain only from the Meadows No. 3 Pump Station could be quit claimed later by CITY after construction and detachment from DISTRICT are complete, and if requested in the future by the owners of La Costa Meadows Unit No. 3 Lots 553, 554, 555, and 556. 8. Upon completion of construction and connection of new off-site sewer facilities, CITY shall accept, collect, treat, and dispose of the wastewater generated from the Properties in accordance with its rules and regulations. Carlsbad/LWD Carrillo/Meadows Agreement Page 2 of 5 10 9. DISTRICT and CITY each agree to complete all actions required for processing through LAFCO of Detachment from DISTRICT for the Additional Properties. DISTRICT and CITY agree that either party may initiate the Detachment. CITY and DISTRICT agree to support the DISTRICT detachment regardless of initiating party. 10. CITY shall accept ownership and thereafter maintain, repair, and replace the sewer facilities serving the Properties after connection of Properties, and DISTRICT shall bear no responsibility, liability, or expense with respect to such maintenance, repair, and/or replacement. 11. DISTRICT shall provide as-built mylars in its possession for sewer facilities within the Properties to CITY after connection of the Properties to facilitate the ownership transfer and subsequent maintenance activities of the CITY. 12. Subject to District's obligation to reimburse CITY for certain work as provided in this Agreement, DISTRICT shall retain past annexation fees, if any, and any other charges, fees, assessments, or taxes previously received by DISTRICT for the Properties. DISTRICT shall further continue to receive any real property taxes attributable to the Additional Properties as long as the Additional Properties are located within the jurisdiction^ boundaries of DISTRICT. The preceding sentence shall not be construed to include retention of continuing service charges or fees for the provision of wastewater collection, treatment, and disposal services by DISTRICT, whether collected on a real property tax bill or otherwise. 13. CITY shall defend, indemnify and hold harmless DISTRICT and its officers, board members, employees, agents and consultants from any claim, loss, or other damages asserted against DISTRICT or its officers, board members, employees, agents or consultants occurring or alleged to have occurred as a result of the acts or omissions of CITY or any of its officers, board members, employees, agents, or consultants relating to the provision of sewer services by CITY under this Agreement. 14. DISTRICT shall defend, indemnify and hold harmless CITY and its officers, council members, employees, agents and consultants from any claim, loss, or other damages asserted against CITY or its officers, council members, employees, agents or consultants occurring or alleged to have occurred as a result of the acts or omissions of DISTRICT or any of their officers, board members, employees, agents, or consultants relating to the provision of sewer services by DISTRICT under this Agreement. 15. After connection and until such time as the Additional Properties are detached from DISTRICT jurisdiction by LAFCO, CITY and District agree to transition payment for sewer service from DISTRICT to CITY for Additional Properties Carlsbad/LWD Carrttlo/Meadows Agreement Page 3 of 5 with interim payment direct from DISTRICT to CITY until such time as formal transition is made. 16. After the Additional Properties are detached from DISTRICT, CITY shall bill the sewer customers within the Additional Properties in accordance with standard CITY procedures for the provision of sewer services. 17. This Agreement shall remain in effect until such time as the sewer facilities anticipated by this Agreement are completed, sewer service to all Properties is being provided by CITY, and the Additional Properties are detached or de- annexed from LWD and approved by LAFCO for sewer service to be provided by CITY, or its successor agency, at which time this Agreement shall automatically terminate. 18. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors-in-interest. Date: March 9. 2009 LEUCADIA-WASTEWATERDISTRICT By: District ^$a<nager Date:CITY APPROVED AS TO FORM: RONALD R. BALL City Attorney By: //DONALD KEMP, Deputy City Attorney Carlsbad/LWD Carrillo/Meadows Agreement Page 4 of 5 FOR AGREEMENT BETWEEN LEUCADIAWASTEWATER DISTRICT & CITY OF CARLSBAD "ADDITIONAL PROPERTIES" MEADOWS 3 SEWER SERVICE AREA September 30, 2008 Carlsbad/LWD Carrillo/Meadows Agreement Page 5 of 5 BE