Loading...
HomeMy WebLinkAboutOlivenhain Municipal Water District; 1984-09-12;* r -k.rict a i BOARD OF DIRECTORS GENERAL COI Harley L Denk, Pres 1966 OLIVENHAIN ROAD Vernon A. Peitz Howard G Golem. V Pres. ENCINlTAS, CALIFORNIA 92024 ENGINEER PHONE (619) 753-6466 Boyle Engineerit Ann L Peay. Treasurer Thelma M Miiler, Secretary MANAGER Harold L Gano, Director September 13, 1984 William H Holli City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008 Attention: Karen R. Kundtz Deputy City Clerk Re: Agreement Regarding the Hunt Annexation (HPI Reorganization) The Board of Directors of the Olivenhain Municipal Water District by motion its meeting of August 16, 1984, approved and authorized the execution of thc agreement between the Olivenhain Municipal Water District and the City of Carlsbad regarding the Hunt Annexation (HPI Reorganization). Enclosed is a fully executed copy of this agreement. d> iiQL @- -71 * &i??%LJ Doris Baker Secretary A Publlc Agency incorporated on March 24 1959, formed under the Munclpal Water Dlstrict Law of 191: Section 71 000 et seq of the State of California Water Code i 0 EXHIBIT mo Resolution I- - .+ I AGREEMENT BETWEEN THE OLIVENHAIN MUNICIPAL WATER DISTRICT AND THE CITY OF CARLSBAD REGARDING PROPOSED "HPI REORGANIZATION" (CITY OF CARLSBAD) (R084-8) THIS AGREEMENT is entered into by and between the OLIVENHAIN MUNICIPAL WATER DISTRICT (hereinafter "THE DISTRICT"), a municipal water district crea and operating pursuant to 571000 et seq. of the State of California Water Co and the CITY OF CARLSBAD, a general law City (hereinafter "THE CITYri). 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: Proposed I1 HPI Reorganization" (City of Carlsbad) (R084-8), (hereinafter '%PI REORGANIZATION"), pending before the Local Agency Formation Commission of Sa Diego County (hereinafter "L.A.F.C.O."). 3. The HPI REORGANIZATION proposes the annexation of 293 acres of property presently in the County of San Diego to THE CITY. The annexation a is generally located south of La Costa Avenue and west of El Camino Real. 4. THE DISTRICT has gone on record as opposing the HPI REORGANIZATION. 5. In consideration for THE DISTRICT'S agreement to support the HPI REORGANIZATION, THE CITY has agreed to enter into this Water Service Agreeme 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 HPI REORGANIZATION area so long as the HPI REORGANIZATION area remains p of the water service jurisdiction of THE DISTRICT or any successor entity. -1- 3 ..4 * * 0 . ,' .. f 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 T DISTRICT'S water service area shall be supplied solely by THE DISTRICT. C-O-V-E-N-A-N-T-S 1. THE DISTRICT to Supply all Water to HPI REORGANIZATION. The partie agree that all water service for the HPI REORGANIZATION area shall be suppli exclusively by THE DISTRICT so long as the proposed HPI REORGANIZATION area 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 HPI REORGANIZATION 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 HPI REORGANIZATION 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 improvemen 3. Acknowledgement of Exclusive Water Service by THE DISTRICT. THE CI acknowledges that THE DISTRICT has bonded indebtedness in the HPI REORGANIZA TION area. THE CITY further acknowledges that it has no desire or intention provide water service to the HPI REORGANIZATION area. 4. Consideration of Agreement by L.A.F.C.O. L.A.F.C.O. shall be requested to consider this Agreement as one of the salient facts bearing on their consideration of the HPI REORGANIZATION. 5. Mutual Cooperation and Reliance. Each of the parties to this Agreement expressly agrees to cooperate in executing all documents and takir all steps, at the earliest possible time, which are necessary to consummate -2- - . ‘C . * a 0 .* .. I continue the terms of this Agreement. Each party understands and acknowledg 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. 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 a 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 9/12/E CITY OF CARLSBAD OLIVENHAIN MUNICIPAL WATER DISTRICT Mary H.Ca er, Mayor %d4& ATTEST : ATTEST : 7ya /‘ . /* ‘ / <>/&,4d ti’-/.? (<_ -979- (7]7,A L{ 2 Board of Directors Date: J o-/wy Date: September 12, 1984 U - 3- e 0 q Ij 1209 ELM AVENUE I CARLSBAD, CA.920081989 ( Office of the city Clerk Cltp of QCarIdbab September 7, 1984 David McCollom Assistant Manager Olivenhain Municipal Water District 1966 Olivenhain Road Encinitas, CA 92024 Re: Water Service Agreement for the proposed "HPI Reorganization" The Carlsbad City Council, at its meeting of September 4, 1984, adopted Resolution No. 7731, approving an agreement with the Olivenhain Plunicipal Water District to supply water service to the Hunt Annexation. Enclosed is the original agreement which has been signed by the Mayor on behalf of the City of Carlsbad. As soon as the document has been fully executed, return it to this office. Also enclosed for your records is a copy of Resolution No. 7731 and a copy of the agreement. If you have any questions, please don't hesitate to contaat this office. please *& D uty City Clerk Enc .