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HomeMy WebLinkAboutSan Marcos County Water District; 1972-01-19;. *. -~ .. c AGREEMENT . (JOINT USE PIPELINE) THIS AGREEPENT, made this I9th day of January , 1972, between CARLS3AD;MUXICIPAL .WATER DISTRICT, a municipal water district, hereinafter for convenience referred to as "CARLSBAD" , and SAN YARCOS COUNTY WATER DISTRICTl a county water district, herein- after for convenience referred to as "SAN 1.IARCOS". t WITNESSETH: -----I---- *. 1. Recitals. -This agreement is made in light of the f6llow- ing facts and circtmstznces : A. Portions of real property owned f. I by La Costa Land Company, here- . , I icafter for coavenience referred to as "LA cOISTA",'~~~ located' -- I within the boundaries I of CARLS- 0. .. I , BAD ar,d SAN LARCOS. I -* . B. CARLSBAD and SPX LXARCOS both '. . provide water service to a por- n_ tion of thi real property of . LA COSTA being developed as "LA COSTA MEADOMSal subdivisions., I Under the requirements of CARLS- BAD ar,d SAN LYAXCOS, 'LA COSTA is 'C. 1 . required to coastruct certain -wa-Ler systein facilities for de- ' livery of tratek. to the LA COSTA .. XEADOXS subdivisions, which . ..- I have been approved prior to this agrement. I I I* i D. As part of the water system facil- ities to be constructed by LA COSTA, it is necessary for LA COSTA to construct a transmisiion nain, with appurtensnt facilities, in Alga Road for both CARLSBAD I and SAN NARCOS, with the water I system plans indicating a "18" inch transmission main for CARLSBAD and a "12" inch water main for SAN IrlARCOS. I E. It is agreed that it is in the interest of CARLSBAD, SAX MARCOS and LA COSTA, that a joint powers agreement between CARLSEAD and I ! SAN MARCOS be prepared for the construction and operation of one , major transmission facility that will serve the needs of all trans- mission facilities for LA COSTA MEADOWS subdivisions, approved prior to this agrement, within . CAFCLSBAD and SAN NARCOS, and I provide the necessary trans.- I mission lines for CARLSS.XD ar.d SAX EJAIICOS to serve water to the said LA COSTA MEADOWS subdivisions. The project shall beeknown as I I -. ,I F. I I I. I . .. . . - .-.- I' I I I' I I "TRANSNISSION MAIN FOR ALGA ROAD PROJECT", hereinazter for conven- ience referred to as "the pipe- Line1'. I .@ G. The route of the pipeline t9 be, I constructed is generally set I' I forth on Exhibit "A" attached '- i hereto, and incorporated herein. 2. Ownershir, of Pipeline. The ownership of the 2ipeline shall be joifitly by CASSBAD and SAN PAXCOS in the following percentage: I CARLSSAD UNIT A- - UNIT 13 84 :2% 72.7% SAX MARCOS 27.3% 15.8% loo.% TOTAL 100% 3. Capacity Riqhts in Pioeline. I The capacity rights of the parties in the' pipeline, based on cubic feet per second (CFS) shall be as follows: .. UNIT A UNIT B CARL S 3.W SAN MARCOS 26.66 CFS 13.33CFS 5.0 CFS , 5.0 CFS TOTAL 18 . 33CFS - ' 31.66 CFS 4. Temporarv Line. CARLSBAD shall have the obligation of providing a temporary line ar-d appurtenances thereto from end of the -pipeline (Melrose) in an Sasterly direction to tha existins water servicz of SAX IG2COS on Ra~cho Sanfa Fe Road. SAX MARCOS agr-ees to use diligent effort in se- caring a permanent pipelir-e in'this area 'to be installed I. . -3- .. I I .. I I I .- I I by LA C3STA as ROW required by the agreenent for water service improverbents for La Costa Meadows Unit 12 beWeen LA COSTA and SLY :GiRCOS, to reduce temporary facilities to be installed by CA2LSBP.D. 5. Plzns zn?. SDecifications for Pipeline. I A. CARLS3XD has sponsored the pipe- i' . I' I line project by authorizing draw-. ings, construction plans and sbe- cifications, advertising for bhds, 'I 1 i and o2ening said bids, for the ' I" construction of the pipeline of I 1. I .* .I sufficient size and enable the parties to use the I. ! .. ! !. I' full capacity rights of e.ach of *, I -' I the' parties in the pipeline.,, I -I I I L I B, The final plans acd specifications shall be furnished to SAX iNARCbS ' I 1, I' I' for its approval and CARLSS D will not proceed wi'clh th& Con- struction .project until such 1 tine as SAX MARCOS has approved I the final plans and lspecif ica- I 91 I I I. ) I ! .. .. 6 , tions. C, Upon written notification of ' 1 approval of the final plans and specifications by SAN PIARCOS, CARLS3AD shall qroceed to award , a contract for ixnqdiate con- I I struction to the lowest respon- I I I. sible bidder conplying with the a' -4- & I I I *. .. .. .. *. - ._ .. -. I I contract docunents, after such time as LA COSTA has posted the necessary security for funding -. . . . . . .. of said contract. D. No changes in, or amendments to; the appoved plans and specifica- tions or extra items will be authorized unless approved both parties in writing. 6. Supervision. CARLSBAD will supervise the construction of the said pipeline to insure compliance by the Contractor I with the approved plans acd’specifications, or approved . . changes or anendnents thereto. 7. Xights of Wzy. I I I ! ; CARLSBAD will take ally and all necessary steps - to acquire necessslry easements ?ad rights of way for the pipeline, with said easements and rights of way to ,exist in favor of both parties. main proceedicgs are necessary, CAXLSi3AD wil1,take any necessary legal proceedings. In the’event any eminent do- l Both parties agree I. to’ .. I. adopt any necessary resolutions’ connected .with ‘said I * legal proceedings. 8. Payment of Costs of Construction Proj,ect, CAtlLSBAD will take the res2onsibility of se- curing necessary fun2s for paymeht of all constructioii costs of the pipelixe, i’nclilding, but not limited to engineering fees ar?d costs, legal exsense, the cost*of the acquisition of any riecessary easements and rights of way and all other expenses from LA COSTA- . I -5- I t‘ * I’ . -. - - .-. 1’ I I L I - - - - - - - - . 9. Books and Records on Construction Pro-ject'; CAiiLSBAD shall keep and naintain'propkr books I. I of account and records in which comslete and current. entries shall be made of all trankactionslrelating to the cozstruction of the pipeline and othe!rIcosts con- nected therewith. SAX YARCOS shall have the right, at reasolcras'le times, frox time to tipe, during regular '1 I I I I business hoursl to inssect all such books and records. 10. A. ' KainteRance ar,d Operation of the Pipelhe. Upon completion of the pip,eline, San Harcw GMSSSA3 will maintain and oper- v ate the pipeline f'or the mutual , benefit of CARLSBAD and SAN MAXCOS . I' I 1 B. All costs of such operation and maintenance , including account- ing I administrative co'sts and repairs, will be borne by and paid by each of'the parties in .. the proportion .that "&e water trznsported tkrough said pipeline for each of the barties 'bears to the total amount of water trafis- I I. I- . I i ported for both parties for the preceding calendar year . Until such tine as a preceding calen- I dar year is available, the period of tine shall be the cunulative preceding months of operation. 43M&&SQ will bill fian Pkwc~~ CLW'S bad C. I -6- i I 1 *. -. . I monthly for its proportionate share of such costs and main- I tenance. &%?I :LnA€QS will pay I such stater,er,ts within twenty (20) days after the receipt Caclsbad , 0. I I I I , thereof. , 5aq Aaaw i53- shall keep and mairi- D. I' I .. I I tain proper books of account and records in which complete and current entries' shall be made of all trznsactions, in- , cluding all recaipts and dis- bursenents, relating to the administration, maintenance, I I ' operatiorr and repair of said pipeline. 6SLHMWX shall eaffs bad. have the right at reasonable times, from tine to time, ,dur- I I' ' ing regular bwsiness hours, I' I I' to inspect all. such books and 1 records to verify any state- , i * .e*I San Marcod ment rendered by to . .. . - _. .. I utilize the "Uniform Accounting i" . t .* t I ,I Program" of the State' ControlL ,I lerls Office. 8 I. t ., I 1, I E. .Prior to n&iq any repairs, ., 6 I* 'exce2t in case of emergency I repairs, which are estima'ted '1 b I I *,I I I -7- I I I, 1 ,. 0 "1 I I .- I '. . I' ' : 1 ; .* . I I' to cost in excess olf $1,000.00, shall obta'in the prior Co.rls bad I .. Scln :%Wc,g c approval of foq any , such expenditure. No.emergency repairs zre to b2 made without Car IS ba ~4 prior notification to -. I I - .- F. Any comections to the pipeliae by either party shdl be suSject to .... . written approval of the other ?arty. Sun flfiV-C#A c2 av I : cld G. €&"%d3 agrees to hold I free and harmless' from any daiiiage or injury to any person or pkoperty, aiCisir?g from the maintenance and .operation of the pipeline by "i: I *,an *'n i t 5 c I d' I' 1 i 11. Deliverv of Water. CARLSB'AD will receive all water into said line .- and will install the necessary meters and appurtenances that are required to account the water ci diver ed to for . each of the parties hereunder, I Any discrepency be'tween the amount of water re- - ceived by CARLSBAD into the line and that delivered to each of the parties hereunder will be-adjusted and the cost thereof han'6led as a cost of' operation and mahten- axe and borne by each of tke parties hereto ,in the same manner as other costs of operation and maintenance as . hereinjefore set forth (2,aragraph 10[)3], pge 6) . 12. Mater PIeters 'and Armurtenances. Each of tke parties will bear the full cost of any water meter and appurtenance installed'for the -8- sole use of such party. Any costs connected with the in- stallation of any water meter and appurtenances installed for the joint use of the parties will be shared in the ratio of capacity rights of each in said meters and/or appurtenances. 13. Notices. Any notice which either party is required to give or desires to give hereunder may be served upon the other party by personally delivering a copy thereof or by mailing any such notice by regular or certified mail, return receipt requested, postage prepaid, and addressed as follows: CARLSBAD: Carlsbad Municipal Water District b 5780 El Camino Real Carlsbad, California 92008 (-YX&v%, i , t SAN MARCOS: San Marcos County Water 788 West Encinitas Road San Marcos, California 92069 District Either party may from time to-time designate a different address for notices by notifying the other party. Any notice mailed by regular mail shall be deemed received by the party to whom such notice is addressed forty-eight (48) hours after the mailing thereof. Any notice mailed by certified mail, return receipt re- .. . .. -. . quested, shall be'deemed received by the party to whom such notice is addressed on the receipt date of the return receipt. 14. Arbitration. In the event any controversy or claim arising out of this agreeinent cannot be settled by the parties, -9- .. . .i I .- all coEkr3versie-s arising out of the interpretation or ap2lication Of this agr e @mer, t or the refusal of either party to perfoxm the whole or any part thereof shall be settle2 by arbitration in accordance with the provisions of this section and where not provided by this section in accorZance with the statutory provisions Of State of California then in force. The controversy shall be sub-;'" A.L-Lbe2 to a boar?. of three (3) arbitrators which shall be ap;?ointed, oile by CARLSSAD, one by SFX PlA3COS, and . the third 5y the first two. The party desiring arbi- tration shall notify the other party by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it has . appointed its nominee, and (4) that it requests the , other party to appoint its nominee, Within thirty (30) days fron the receipt of said notice the other party shall appoint its noninee. Within fifteen (15) days after the last party has appointed its nominee the two nominees shall appoint the third. None of'the arbktra- tors shEtll be a resident of, or tax?ayer in, or own property in, or have a place of business in, or be'eii- ployed in or by', or have 'any contract with,'or 5e an officer of or an engdoyee of, either party. tration board shall hold at least,oae hearing and *. at least ten (1C) days before said hearing shall give each party written notice thereof. be restricted to matters relative to that stated in 1 The arbi- * I I I I The arbitration shall I I 8 I. the notice requesting arbitration. The arbitration I board skall have no authority to add to or subtract froia thLs agreement. Each party shall be given an ' i i '-lo-, I I . .. . .. ... I * *. .- I P op2ortunity $0 be corxlusion of the -_ I I .* 1 -I .- .I L .. .I heard and to present evidence. hearincj or hearings the arbitration' Upon I board shall reduce their findiccjs of facti,, FoncluFions - of law an2 the award to writing, and shali. kign the same 2nd deliver one signed copy thereof.& each pub- lic agency. Such award shall be final 'and' binding' upon both parties. A najority fihdin'g shall SovErn if the arbitrators' deternication is not un&nir.ous. Each party shall pay its own expenses, including the I 'I I expenses expenses costs of equally. of the arbitrator which it nominates. The of the third arbitrator and the adninistxative the arbitration proceedings shall be 'shared 1 1 I Any controversy which can be determined by an engineer's s'indings and which under this section could be submitted to arbftretion nay, if the parties * .- * thereto agree in writing to 60 so, be submitted to a naaed engineer who s3all be the sole arbitrator. Such engineer shall be a Registered Civil Engineer 05 the State of California and shall be disinterestep as I hereinbefore in this section required of arbitrators on an arbitration board. He shall proceed in the same - 1 i manner and shali make findings, conclusions and an award in the manner'provided herein for an arbitration board. IN KITNESS KZZ;?EOT, each of the parties 'here- to hs caused officers duly this instruxzent to be execiitsc? by its authorized as of the day arid year first -11- .. .. I .- *I . 1 a. I above v.-ritten. i DISTXCT, a Xur.icipal Water District DISTRICTl, ' 2 County ' Water District I I I I .. I I' * I' I I- i 'I . -1 .* I k I .I 'I I -. I -12- I I I t , * I 1 I 3 I ! .