HomeMy WebLinkAboutSan Diego, County of; 1975-05-06;-
AGREEMENT BETWEEN THE COUNTY.OF SAN DIEGO AND THE CITY OF CARLSBAD RELATING TO SEWER SERVICE AT THE - PALOMAR AIRPORT
made and entered into.this 6th day of
192, by and between the County of San Diego, .
This Agreement,
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'a political subd' ivision of the State of California (hereinafter
sometimes referred to as "County") and the'city of Carlsbad, a
municipal corporation (hereinafter sometimes referred to as "Carlsbad).
WITNESSETH:
WHEREAS,. Carlsbad and the Vista Sanitation District entered :
into an agreement for the construction and ownership of a Joint
'Sewer System including a treatment plant and ocean outfall, said
agreement being entitled "Basic Agreement BetweenVista Sanitation
.District and the City of Carls,bad for the Acquisition and Construction
of a Joint Sewer System", dated July 13, 1961, and bearing County of .
San Diego Contract No. 1858-21293; and
WHEREAS, that "Basic Agreement" has been amended and supplemented
by several agreements including
ment to Basic Agreement Between
of Carlsbad for the Acquisition
System", dated January 6, 1964,
(hereinafter sometimes referred
the agreement entitled "Second Supple-
Vista Sanitation District and the City .
and Construction of the Joint Sewer
by which the Buena Sanitation District
to as "Buena“) became a party to said
"Basic Agreement", said "Basic Agreement" as so amended and supplemented
being hereinafter sometimes referred to as "Basic Agreement"; and
WHEREAS, pursuant to Section 6 of the Second Supplement to the
"Basic Agreement, 'Buena was authorized to construct, reconstruct,
maintain, repair and operate a transmissi.on.system known as the .
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B&a Sewer, which was designated "Encinas Outfall Sewer" on Exhibit
E to the "Basic Agreement"; and
WHEREAS, pursuant to Section 6 of the Second Supplement to the
"Basic Agreement', Buena agreed to sell to Carlsbad capacity in the
"Encinas Outfall Sewer" to facilitate service to the populations in
"Area 'A"' and "Area 'B"' in the Carlsbad Service Area; as shown on
said Exhibit E; and
WHEREAS, in accordance with the terms and provisions of said
Section 6, Buena leased to Carlsbad, with option to'purchase, capacity
in said Encinas Outfall Sewer, under the terms and-conditions set out
in the agreemen.t entitled "Agreement Between the Buena Sanitation
District and City of Carlsbad for the Lease by Carlsbad of Capacity
in the Encinas Outfall of the Buena Sanitation District", dated July
20, 1966, and bearing County of.San Diego Contract No. 3405-2103-R;
and
WHEREAS, 'the Palomar Airport, owned and operated by County, is
within the Carlsbad Service Area and is included within the area
served by the Encinas Outfall Sewer; and
WHEREAS, County, through operations on the Palomar Airport
property; has made use of the aforementioned sewer system and the -
trunk sewer, treatment plant and ocean outfall since December 13,
1966 without making any payment therefor; and
WHEREAS, Carlsbad has i;dicated that County should pay Carlsbad .
for County's past and future use of the sewer system, and the County
desires to make payment to Carlsbad for such use in order to settle
or cbmpromise any and all past, present or future claims which . , . Carlsbad may have against the County for such use.
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NOW THEREFORE, the parties hereto agree as follows:
Section 1. Provision of Sewer Service. - Carlsbad agrees to
provide County sewer service for Palomar Airport under the terms and
conditions set out below.
Section 2, Past Use. -- In order to settle or compromise any
claims which Carlsbad may have now or in the future against the
County for County's past use of the sewer system, County shall pay
Carlsbad within 30 days of the effective date of this Agreement the
sum of $695.00 for the following uses:
a. .January 1, 1967 to December 31, 1968: $53.00
(based on a flow of 1,720 gallons per day) or two years
at 87,500 cubic feet per year at $.03 per 100 cubic feet.
b. January 1, 1969 to June 30, 1971: $162.00
(based on.a.flow of 4,400 gallons per day) or two and
one-half years at 216,000 cubic feet per year-at $;03
per 100 cubic feet.
c. July 1, 1971 to June 30, 19751 $480.00
(based on a flow of 4,100 gallons per day) or 4 years
at 200,000 cubic feet per year at.S.06 per 100 cubic
feet.
Section 3. Sewer Connection Charge. County shall pay to
I Carlsbad within 30 days of the effective date of this Agreement,
a one-time sewer connection charge in the amount of $l,OOO.OO for .
County's use of the trunk sewer, the treatment plant and the ocean
outfall. Upon payment of this fee, all equivalent units existing
on the airport site as of the date this agreement is approved by
the Carlsbad City Council shall be considered as having paid the
sewer connection fee required by the City pf Carlsbad. All equiva-
lent units constructed or added on the airport site after the date
this agreement is approved shall be required ‘to obtain a sewer
connection permit from the City and pay all fees which may be .
pay to
follows:
required by current City ordinance.
Section 4. Annual Sewer Service Charge. County shall
Carlsbad an annual sewer service charge to be calculated as
For the year ending December 31, -1975, the rate shall be $.06 per
100 cubic feet and thereafter, on or before December 1 of the year
prior to the calendar year for which the sewer system is to be used
by County, Carlsbad shall advise County of the rate to be charged.
Said rate shall in no event be greater than that to.be charged by
Carlsbad to-other commercial and industrial users, not within the
City limits, during that year. County shall, after December 31 of
each year, determine from the records of the Carlsbad Municipal
.Water District, the amount of.water usage by each user on the
Palomar Airport property and shall so advise Carlsbad not later
than February 1 of the following year. Carlsbad shall calculate
the sewer service charge due and shali submit to County a statement
of that amount due. County shall remit to
within 60 days of receipt of the statement
Section 5. Maintenance and Repairs.
responsible for any additional payment for any repairs or for main-
Carlsbad the amount due
from Carlsbad.
County shall not-be .
tenance to the sewer system. \ Section 6. Term. This Agreement shall commence on July 1, 1975
and shall run until terminated by either party as set out below.
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Section 7. Termination. Either party may terminate this
Agreement upon ninety (90) days' written notice to the other party:
provided, however, either party may terminate this Agreement at any
time if the other party fails to meet or fulfil1 its obligations Or
viol.ate any, of the covenants, agreements, or Stipulations as set
forth in this Agreement. In the event of termination by either
party, County's liability hereunder will be limited to the pro
rata share of the annual amount due for the sewer service used
prior to the effective date of termination.
Section 8.. Administration of Agreement. The Public Works
Administrator, County of San Diego, or his designated representative
shall represent County in all matters pertaining to this Agreement
and shall.administer this Agreement on behalf of County. The City
Manager, or his designated representative, shall represent Carlsbad
in all matters pertaining to this Agreement and shall administer this
Agreement on behalf of Carlsbad.
Section 9. Notices. All notices from one party to the other
under this Agreement shall be mailed to the following addresses:
a. To County in care of Public Works Administrator,
. County of San Diego, at County-Operations C'enter, 5555 -
Overland Avenue, San Diego, California 92123.
b. To Carlsbad in'care of City Manager, City of
Carlsbad, at City ijall, 1200 Elm Avenue, Carlsbad,
California 92008.
Section 10. Inspection of Records. Carlsbad shall maintain -
accurate books and accounting records. relative to this Agreement.
Such books and/or records shall be open at any reasonable time for
inspection and/or copying by the Public Works Administrator of the
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County of San Diego, the Auditor of the County of San,Diego or their
designated representative.
Section 11. Indemnification. '
a. County, its agents, officers and employees, shall not
be held liable for any claims, liabilities, penalties; fines or
for damage to any goods, properties or effects of any person
whatsoever, nor for personal injuries to or death of them, or
any of them, caused by or resulting from any negligent acts or
omissions of Carlsbad, or its agents, employees, or representa-
tives, not including liability by reason of acts or omission
caused by County, its agents or employees. Carlsbad further
agrees to indemnify, and save free and harmless County and its
authorized agents, officers and employees against any of the
foregoing liabilities, not including liability by reason of
acts or omissions caused by County, its agents or employees, and
any cost and expenses incurred by County on account of any claim
therefor.
b. Carlsbad, its agents, officers, and employees, shall
not be held liable for any claims, liabilities, penalties, fines
or for any damages to persons or property caused by or resulting .
from any negligent acts or omissions of.County; its agents,
employees, or.representatives, County agrees to indemnify and
save free and harmless Carlsbad and its authorized 'agents, officers
or employees against an; and all the foregoing liabilities and any
costs incurred on account of any claim therefor.
Section 12.. Modification. This Agreement may be modified at
any time by mutual written consent of the parties.
In the event of annexation of the airport site to the City of
Carlsbad, Section 4 of this Agreement shall be deemed to, be modified
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to provide for a rate established on the same basis as for other
commercial and industrial users within the City limits.
Section 13. Integrated Document. This document fully expresses
all understandings of th.e parties concerning the matters covered herein.
No addition to or alteration-of the terms of this Agreement and no
verbal understanding of the parties, and.officers, agents or employees
shall be valid unless made in the form of a written amendment to this
Agreement and duly approved and executed by the parties' authorized
representatives.
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed the date first above written.
COUNTY)+ SAN .DIEGO
JON lo 1975' + 3 '- 1
)siGhdku
fbrk of the Board Qf Sugarvisors
Clerk 'of the F;ard ai S~~nerv~sors
.City Attorney "
City of Carlsbad
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May 22, 1975
County of San Dieqo
Airoort Division
5555 Overland Avenue
San Qieqo, California 92123
Attention: Phil Safford
Gentlemen:
Enclosed please find the original and a copy of an
Agreement between the County of San Dieqo and the City
of Carlsbad relating to sewer service at Palomar Airport
approved by Resolution No, 3'?3? !dhich was adopted bv
the Carlsbad City Council on F1a.y 6, 1975.
I4e would appreciate the signed copy of this Agreement
being returned to the City ClPrk's Office for our files
and hope that the delay in forwarding the Agreement has
not been an inconvenience to You.
Sincerely,
NORA K. GARDIVE?
Deputy City Clerk
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Enclosures (2)
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