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HomeMy WebLinkAboutOlivenhain Municipal Water District; 1984-08-16;Est-ieP e Q 1 3 BOARD OF DIRECTORS GENERAL COI Harley L Denk, Pres 1966 OLIVENHAIN ROAD Vernon A. Peltz ENGINEER Howard G. Golem, V Pres Ann L. Peay, Treasurer PHONE (619) 753-6466 Boyle Engineeri Thelma M. Miller, Secretary MANAGER Harold L. Gano, Director August 20, 1984 William H Holii ENCINITAS, CALIFORNIA 92024 City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Karen R. Kundtz Deputy City Clerk Re: Agreement Regarding the Woolley Annexation The Board of Directors of the Olivenhain Municipal Water District by motion its meeting of August 16, 1984, approved and authorized the execution of th agreement between the Olivenhain Municipal Water District and the City of Carlsbad regarding the Woolley Annexation. Enclosed is a fully executed copy of this agreement. Secretary A Public Agency incorporated on March 24 1959, formed under the Muncipal Wzter District Law of 1911 Section 71000 et seq of the State of California Water Code 0 e , 'I** * i AGREFNENT BETWEEN THE OLIVENHAIN MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING THE WOOLLEY ANNEXATION THIS AGREEMENT is entered into by and between the OLIVENHAIN MUNICIPAL WATER DISTRICT (hereinafter "THE DISTRICT"), a municipal water district cre, and operating pursuant to 571000 et seq. of the State of California Water CI and the CITY OF CARLSBAD, a general law City (hereinafter "THE CITY"). R-E-C-I-T-A-L-S 1. THE DISTRICT is a municipal water district which provides potable water to a portion of Northern San Diego County. water service jurisdiction overlaps territory of THE CITY. A portion of THE DISTRICT 2. There is a proposed annexation to THE CITY identified as R.O. 83-: (hereinafter "THE WOOLLEY ANNEXATION") pending before the Local Agency Formation Commission of San Diego County (''L.A.F.C.O.ll) as more particular3 described on Exhibit "A", attached hereto and incorporated herein by refen 3. THE WOOLLEY ANNEXATION proposes the annexation of 475 acres of property presently in the County of San Diego to THE CITY. The annexation is generally located at THE CITY's southerly boundary on the south side of Olivenhain Road east and west of Rancho Santa Fe Road and at THE CITY's ea boundary one mile east of the intersection of La Costa Avenue and Rancho S Fe Road. 4. THE DISTRICT has gone on record as opposing THE WOOLLEY ANNEXAT10 5. In consideration for THE DISTRICT'S agreement to support THE WOOL ANNEXATION, THE CITY has agreed to enter into this Water Service Agreement -1- , \ $ e W 6. By executing this Agreement, it is the express intention of the parties that THE DISTRICT shall be the sole supplier of all water service to THE WOOLLEY ANNEXATION area so long as THE WOOLLEY ANNEXATION area remains pa of the water service jurisdiction of THE DISTRICT or any successor entity. 7. It is the further intention of the parties by executing this Agreement, to confirm the terms of a March 30, 1972 agreement between THE DISTRICT and THE CITY which assures THE DISTRICT that water service within TF DISTRICT'S water service area shall be supplied solely by THE DISTRICT. C-0-V-E-N-A-N-T-S 1. THE DISTRICT to Supply all Water to THE WOOLLEY ANNEXATION Area. The parties agree that all water service for THE WOOLLEY ANNEXATION area sha' be supplied exclusively by THE DISTRICT so long as THE WOOLLEY ANNEXATION ar remains part of the water service jurisdiction of THE DISTRICT or any succes entity. 2. THE DISTRICT to Supply Water Subject to its Rules and Regulations. THE DISTRICT agrees to provide water service to THE WOOLLEY ANNEXATION area a non-discriminatory basis according to policies, rules, and regulations adopted by THE DISTRICT from time to time. required to supply water service to THE WOOLLEY ANNEXATION area, the manner which this water service will be provided, and the rates for such water service, shall be left to the sole discretion of THE DISTRICT. It is understood that improvemer 3. Acknowledgement of Exclusive Water Service by THE DISTRICT. THE C1 acknowledges that THE DISTRICT has bonded indebtedness in THE WOOLLEY ANNEXATION area. THE CITY further acknowledges that it has no desire or intention to provide water service to THE WOOLLEY ANNEXATION area. 4. Consideration of Agreement by L.A.F.C.O. L.A.P.C.O. shall be requested to consider this Agreement as one of the salient facts bearing on their consideration of THE WOOLLEY ANNEXATION. -2- 2 .*- c P e 9 5. Mutual Cooperation and Reliance. Each of the parties to this Agreement expressly agrees to cooperate in executing all documents and takin all steps, at the earliest possible time, which are necessary to consummate continue the terms of this Agreement. that the other party to this Agreement is specifically relying upon the enforceability of this Agreement and the willingness of the other party to honor this Agreement in carrying out their respective responsibilities as defined in this Agreement. Each party understands and acknowledg 6. Attorney’s Fees. In the event of a dispute relating in any way to this Agreement, the prevailing party shall be entitled to reasonable costs i attorney’s fees in addition to such other relief afforded by law. 7. Unenforceable Provisions. This Agreement shall be interpreted, wherever possible, consistent with all applicable laws and regulations. To 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. 8. Effective Date of Agreement. This Agreement is executed and to be performed in the North County Judicial District, County of San Diego, State California, and may be executed in counterparts and is effective on March 3 1984. CITY OF CARLSBAD & Mary H. Cas&‘er, Mayor d ATTEST : ATTEST : - lbd-cLd.t&A & h. 3.hA&euJ Date: 477 ,/SP?/ Date: &pa3 /6,14Pt/ Thelma M. Miller, Secretary Board of Directors City Clerk 4 I I -3- Ex 0 0 1200 ELM AVENUE 1 CARLSBAD, CA 92008-1989 (6 Office of the City Clerk 6itp of Carlrsfiab July 30, 1984 David C. McCollom Assistant Manager Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 Re: Agreement Regarding the Woolley Annexation The Carlsbad City Council, at its meeting of July 24, 1984, adopted Resolution No. 7535, approving an agreemen designating the Olivenhain Water District as the sole supplier of water service to the Woolley Annexation area Enclosed is the original agreement, which has been signed by the Mayor and City Clerk on behalf of the City of Carlsbad. After the document has been fully executed, please retur a copy to this office. Also enclosed for your records and infomation is a copy of Resolution No, 7535. 2Ji%XN+ eputy City Clerk Enc.