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HomeMy WebLinkAboutOceanside, City of; 1967-05-22;I 1 2 -3 4 5 6 7 .8 9 10 11 12 13 14 15 16 17 18 19 . 20 21 22 23 24 25 26 27 28 29 30 31 32 DALE AUSTIN CITY ATTOHI.IC;IY 701 3rD SIRrcl r. 0. SOX 430 OCEANSIDU. CALIF. SARAlOCh 2-8271 - *-* Ab.- ..- - i % rl, I _. ., . . AGREEPENT Oceanside-Carlsbad North Carlsbad Water System THIS AGREEMENT made and entered into between the City of Oceanside, a municipal corporation, hereinafter referre'd to as "Oceanside", and the City of Carlsbad, a municipal corporation, . hereinafter referred to as "Carlsbad." WHEREAS, Carlsbad 'is the owner of certain water distribution lines together with appurtenances, and certain real property locatcd within that area fo-merly known as North Car-lsbad and now a portion of the City of Oceanside, particularly described on Exhibit "A", attached here to and by this reference incorporated herein; and WHEREAS, Carlsbad has been retailing water through said water lines and appurtenances to customers within said area and it is the mutual desire of the two cities that Oceanside - take over the operation and maintenance of the water system within the said area on a temporary basis, as hereinafter set forth, NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. That Oceanside shall take over, maintain, and operate the water system within the above described area as of April 10, 1967. 2. Oceanside shall pay to Carlsbad the sum of Two Hundred I Dollars ($200.00)'2;r calendar ;,ioi*;th for the use of the water system in the i~S(4r~,k cxza; PROVX3ii3 HOWEVEi:, :hat for the month of -April, 1957 , <j<.zz.i-a.i i.;e shal.1 pay the si;, :: i' One Hundred Thirty- five Dollars ;.,,...i;. ;;a) anc F'LJRTEiER PROVIDE" :-.:-L upon the terini- .- c -. nation of this Agzzeiaenc Gceanside shall be siltitlzd to pro-rate the monthly renzrl .rL accordance with the number of days us&d 'I ... A . *. 'J *. i 1 r 4 c . L E c E 7 E 5 10 11 12 13 14 15 16 17 18 19, 20 - 21 22 23 24 25 26 27 28 * 29 30 31 32 DALE AUSTIN CITY ATTORNEY 704 310 SIRFCT ?. 0. DOX 1SO OCEA:(SIDE. CALIF. ShRA*Och 2-0271 .- in the month during which the Agreement terminates. Payments of the rental above provided shall be made by Oceanside to Carlsbad on or before the 10th day of each and every month. . 3. Oceanside shall purchase the water system within the ____-__ - - _._ ___- above described'area if and when a Municipal Improvement Act of 1913 has proceede_d__to--the2oint that bonds have been 'sold and. money is available --_~.___ to enter into a contract to refurbish and replace water lines, accessories and appurtenances relating to the water -distribution system within the ---==5F- above esc-rfb-e3 area. -- - .. -5_ -------------- .- ... -- - - . . __ ~ - -- - __ - ~ -- I----- . - 4. Oceanside shall cause a Municipal Improvement Act of 1913 proceedings to be commenced and if at either the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 or at any Municipal Improvement Act of 1913 hearing there is either a majority protest or a protest sufficient to cause the City Council to stop such improvement district pro- ceedings, then, in that event, either party hereto may terminate this Agreement upon giving fifteen (15) days notice to the other party. .Upon such termination, Carlsbad shall be under the - same obligation to furnish water that it was prior to the execution of this Agreement. Improvement Act of 1913 and the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 proceedings to be promptly prosecuted, and if as of June 1, 1968, Oceanside has not either terminated the Agreement or sold sufficient bonds thereunder to proceed with the purchase of the system, as describcd in Paragraph 3 above, then Carlsbad may, at its optioh, terminate this Agreement apon giving fifteen (15) days notice in writing co Oceanside. Oceanside shall cause said Municipal 5. DurLng such time as Oceanside spe-rates and maintains the said water system, prior to its purchase thei-eoz, Oceanside shall keep and maintain said system ir, as good a condition as -3- *. *b. 1 I 1 ! 1( 1: 1: 1: 1L 1! 1€ 12 1E 15 2c 21 22 23 24 25 26 27 28 29 30 31 32 DALE AUSTIN CITY AlTOnNGY 701 3"D JTiiICT P. 0. BQX 150 OCEANSIDE. CALIF. ShRAlOCh 2-0271 it was when the system was turned over to Oceanside; FURTHER, Oceanside shall not cause or allow said system to further deteriorate except as due to normal causes and usual wear and tear. Oceanside shall have the right to make repairs and provide routine maintenance to said system. Any improvements resulting from such repairs and maintenance shall become a part of the system and if Oceanside fails to purchase said system, Carlsbad shall receive full benefit, without cost, OF such repairs and maintenance. Oceanside' may install monitoring, measuring or other appurtenant additions to the water system, but such shall not become a part of the system in the event of failure on the - part of Oceanside to purchase said system and Oceanside shall be entitled to remove and retain the same. 6. Carlsbad shall turn over to oceanside the pertinent meter books to permit Oceanside to prepare bi1,ls for providing water to users in the area. Oceanside will endeavor to collect any delinquent water bills owing to Carlsbad in accordance with a list or schedule prepared by Carlsbad for Oceanside. All monies thus collected shall be paid to Carlsbad. 7. In the event the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and the Municipal Improvement Act of 1913 proceed successfully, Oceanside shall forthwith purchase the water syste'm and the parcel of ground ' upon which the Yucca Road reservoir is located, both of which are described on Exhibit "A" , hereto attached. Oceanside agrees it will pay the book val~e establishEd at the time of the sale for ,the water system, excluding the Yu'cca Road reservoir site described as Parcsl 2 of Exhibit "AI' hereto attached. . 8. X7e purchase price for the real property described in Exhibit "A" 2s Parcel 2 shall be deteimined by mutual agreement between the two (2) cities. In the event the two cities cannot -3- 1 i L I 4 c - E 7 E s 1c 11 12 13 14 15 16 17 18 19 20 . 21 22 23 24 25 . 26 27 28 29 30 31 32 D.4l-E AUSTIN CITY ATTOnNRY 706 310 lTRCS1 1. 0. DOX 430 SAnAlooA 2.0271 OCEANSIDE. CALIF. agree on a price, then an appraisal system shall be used to determine the price. Each city shall select a qualified land appraiser and the two (2) appraisers thus selected shall select a third appraiser. The three (3) appraisers shall, after being notified in writing by either city that negotiations have failed and the appraisal method shall be used, forthwith proceed to make ari.impartia1 appraisal to determine the fair market value of said real property and shall report the same to both Oceanside and Carlsba 4 in writing: their best efforts to unanimously determine a fair market value which in their opinion is the fair market value of the property. The three (3) appraisers shall use However, in the event the three (3) appraisers cannot agree on the fair market value of said property, then the majority decision of the three (3) appraisers shall prevail. In the event no two'(2) of the three (3) appraisers can agree a fair market value then the two (2) evaluations closest to each other (in the terms of dollars) shall be added together and divided by two (2) and the result shall be the determined fair market value of the land. Oceanside shall forthwith pay to Carlsbad such sum. It is agreed by the parties hereto that the old water tank now on the premises is of no value and if the appointment of the appraisers above referred to becoines necessary, they shall be instructed to determine the value of the land only. Each city shall bear all.costs and expenses of the appraiser 'it appoints and the costs and expenses of the third appraiser shall be borne equally by the two (2) cities. .. ' 9. In the event Oceanside purchases the water system, all rental payments made by Oceanside to Carlsbad prior to the purchase shall be deducced froin the price Oceanside pays for the water system, not including the Yucca Road reservoir site, and Oceanside shall receive full credit for all rental paid.' Any failure to reach agreement for any reason whatsoever, . -4- c. a. ..I # 4 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 DALE AUSTIN 701 a-0 arncrr ?. 0. OOX (SO OCEANSIDE. CALIF. CITY ATCORNCY SARA~OCA 2-8211 _- as to the value or purchase and sale of the Yucca Road reservoir site, (Parcel 2--Exhibit "A") shall not affect the balance of this Agreement. Rather, both parties hereto contemplate and agree that the water system shall be sold to Oceanside subject to the contingencies and price hereinabove set out regardless df whether Oceanside purchases the Yucca Road reservoir site. .. DATED this 22nd day of El a y , 1967 CITY OF OCEAN IDE, CALIFORNIA,, a municipa 2 corporation ./ ___-.- CITY OF CARLSBAD, CALIFORNIA, a municipal corporation -5- 1 2 3 4 5 6 7 8 *_ 9 10 11 12 13 14 15 ! 16 i 17 I '. 18 19 20 21 .. 22 23 24 25 26 27 28 29 30 31 32' ..