HomeMy WebLinkAboutSan Marcos County Water District; 1979-06-05;..* <. . SAN MARCOS COUNTY WATER DISTRICT, OLIVENHAIN MUNICIPAL WAT'EmTmANDmLSBAD MUHICDAL W ATLR DIST RICT
CONSTRUCTION -4 OF A WATER TRANSMISSION - AND STOUCE SYSTEM
QUESTHAVEN P 1 PEL INE
THIS AGIZEEMENT is made and entered inta by and between THE SAN
MARCOS COUNTY WATER DISTRICT (SAN MARCOS), THE OLIVENHAIN MUNICIPAL
WATER DISTRICT (OLIVENHAIN) and THE URLSBAD MUNICIPAL WATER DISTRICT
(CARLSBAD), collectively referred to as DISTRICTS.
. R-E-C-1-T-A-C-S
This Agreement between DISTRICTS is made and is to be executed
in the North County Judicial District, County of San Diego, State of
California, in view of the following facts and purposes.
1. DISTRICTS are experiencing an increaskd demand for water
service necessitating an additional connection to the San Diego County
Water Authority and transmission and storage facilities bringing the
water from that connection into the areas served by the DTSTRICTS,
respectively.
2. 1 DISTRICTS contemplate that a connection to the- San Diego
County Water Authority Aqueduct at its intersection with Questhaven Road
and a transmission line running generally along Questhaven Road to
Rancho Santa Fe Road and thence Northerly to the intersection of Rancho
Santa Fe Road with the future Melrase Road and thence along the future
Melrose Road to an inteGsection with Alga Road, then in an easterly
direction to a storage facility, together with necessary appurtenances
and storage facilities to serve their purposes will be constructed.
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686SPPL09L XVd PE:60 66/PO/TT
-. z ' DISTRICTS dgsire to enter into a coopexative, agreemefit
' for the construction, operation, maintenance, repairs and management
of the transmission and storage facilities (THE PROJECT) as the most
economical. means of augmenting the water supply for each DISTRICT.
C-0-V-E-N-A-N-T-S
4. IT IS, THEREFORE, AGREED BY AID BETWEEN DISTRICTS, SUBJECT
TO THE MUTUAL COVENANTS AND CONDITIONS SET FORTH HEREIN, AS FOLLOWS:
5. GENERAL PROVISIONS
5.1 SAN WCOS shall be the lead agency and shall be responsib1.e
for construction of the project and management of the project
after construction.
5.2
the approximate percentage of ownership (capacity) in the project
is set forth in Exhibit "A" attached hereto and incorporated herein,
The approximate capacity to be provided each DISTRICT and
The final capacity and percentage of ownership will be determined
by the final design of the project.
6. CONSTRUCTION
6.1 SAN MARCOS shall be responsible for preparin'g detailed
plans and specifications and submitting the plans and specifications
to CARLSBAD and to OLIVENHAIN for approval prior to inviting con-
struction'bids.
'1
6.2
ministered by SAN MARCOS, the sums of money set forth in Exhibit
B" to cover the initial costs involved in Environmental Reports
Each DISTRICT shall deposit in a separate fund to be ad-
If
c
and preparation of bids and specifications and related initial
proceedings, including right-of-way or site acquisition costs,
to provide a fund for payment of expenses incurred up through
publication of the notice inviting bids.
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- 9.3 nnen oias nave oeen receivea ana ariaiy&ru, LALC .u~ua .~e~.e~vea
y SAN URCOS to OLIVENRAI
.' I *. - will be furnished and CARLSBAD with the
. .' recommendation of SAN MARCOS as to the award of the construction con-
i .
and CARLSBAD ,will
, ,. -. co
SAN MARCOS recommendation as to the proposed award, providing, that
if no written disagreement is received within the 30-day'period fixed
in the SAN WCOS letter of recommendation, silence will be deemed
approval of the SAN MARCOS recommendation and will be deemed author-
ization for SAN MARCOS to award the contract as recommended.
6.4 In the letter of recommendation .as to the award, SAY MARCOS'
also will note the amount of additional funds required to be dtposi-
ted by OLIVWHAIN and CARLSBAI) In the account maintained by SAN
MARCOS for the construction of the project according. to the final
percentage of ownership (capacity) allocated tu each District
(allowing any credits for funds remaining from the intital deposit)
and said funds shall be pledged by OLIVENHAIN AND CARLSBAD with
SAN MARCOS not later than the expiration of the 30-day period set
forth in SAN MARCOS letter of recommendation for award of the
contract. In the administration of contract, SAN MARCOS shall notif
~ I,
OLIVENHAIN and CARLSBAD of the total amount of the payments-to make
to the contractor as such payments accrue and as to the specific
amount to be paid by OLIVENHAIN'and CARLSBAD and OLIVENHAIN and
CARLSBAD shall deposit that amount with SAX MARCOS not later than
five days prior to the time the payment is to be made-
6.5 No individual change in, or amendments to, the approved plans and
specifications or extra items will be authorized by SAN P.IARCOS in
excess of the.amount of TEN THOUSAND DOLLARS
[$10,000.00), unless approved by each DISTRICT, in writing-
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H3,LVM SO,LI3TI?VA 6861iPPL09L XVd PE:60 66/PO/TT
6.4
to insure compliance by the contractor with the approved plans and
specifications, or approved changes or amendments to the approved
SAN MARCOS will supervise the.constructAon of the prcject
necessary easements and rights-of-way far the project with said
easements and rights-of-way to exist in favor of all DISTRICTS
having ownership (capacity) in the correlative facility; in the
event eminent domain proceedings are necessary, then, SAN MARCOS
will take any necessary legal proceedings, all DISTRICTS agree
to adopt any necessary resolutions connected with said legal pra-
ceedings; the costs of all such proceedings shall be part af the
construction costs.
6.8 DISTRICTS will share in all costs of the project, including
but not limited to construction costs, engineering fees and costs,
legal expense, the cost of acquisition of ’&y necessary easements
and rights-of-way and all other expenses incident to the project
according to proportionate ownership (capacity) -
6.9 SAN MARCOS will keep and maintain proper books of account
and records in which complete and current entries shall be made
of all transactions relating to the project and other costs con-
nected therewith; OLIVENHAIN and CARLSBAD shall have the right,
at reasonable times, from time to time, during regular business
hours, to inspect all such books and records.
ROUTINE MAINTENANCE - AND OPERATION - OF PROJECT
7.1 Upon completion of the project, SAN bL4RCOS shall maintain
and operate the project for the mutual benefit of SAN MARCOS,
OLIVENHAIN and CABLSBAD.
7.2 Costs of expendables such as, but not limited to power,
chemicals, etc., will be borne and paid by each of the parties
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XISLVM SOL133’IWA 686SPPL09L XVd PC:60 66/PO/TT
in a ratio of thee flow to the total flow oLwatel: transparted
through the project for each of the parties for the preceeding
calendar year; until such time as the preceeding calendar year J'
ing months of operation.
7.3
the. DISTRICTS proportionate shares of such costs and maintenance;
SAN.MARCOS shall bill CARLSBAD and OLIVENHAIN monthly for
CARLSBAD and OLIVENHAIN shall pay such statements within (26)
twenty days after receipt of the billing.
7.4 SAN MARCOS shall keep and maintain proper books of account
records in which complete and current entries shall be made of
all transactions, including all receipts and disbursements, re-
lating to the administration, maintenance, operation and repair
of the project; CARLSBAD and OLIVENHAIN shall have the right, at
reasonable times, from time to time, during regular business hours,
to inspect all such books and records to vgrify any statement
rendered by SAN MARCOS to CARLSBAD or OLIVENHAIN for charges
payable by those DISTRICTS to SAN biARCOS. SAN MARCOS shall utilize
the "Uniform Accounting Program" of the State Controller's Office.
8. REPAIRS
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8.1 Except in case of emergency repairs, prior to making any
repairs which are estimated to cost in excess of ONE THOUSAND
DOLLARS ($1,000.00), SAN MARCOS shall obtain the prior approval
of CARLSBAD and OLIVENHAIN having correlative ownership (capacity)
for any such expenditures; -. SAN MARCOS shall give appropriate noti-
fication to OLIVENAHIN and to CARLSBAD concerning any emergency
repairs which are to be made.
8.2 The expenses of repairs shall be charged to each DISTRICT
on the basis of percentage of ownership (capacity) in the project
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"AVM SOLI3311VA 686SPPL09L XQd PC:60 66/PO/TT
and shall be subsf-ntiated by customary accoi-’ting procedures
and shall be paid by each DISTRICT within twenty (20) days after
b.illing.
9. PAYMENT - FOR ALLOCATED WATER AND - METERS
9-1 SAN MARCOS shall receive all water into the project and
shall install the necessary meters and appurtenances that are
required to account for the water delivered to each of the DISTRICTS
pursuant to this Agreement.; any discrepency between the a.. -. of
water received by SAN MARCOS into the project and that delivered
to each of the DISTRICTS will be adjusted and the cost thereof
handled as a cost of operation and maintenance and borne by each
of the parties in the same manner as other costs of operation and
maintenance (based on percentage of flow/use as set forth in
Paragraph 7.2 above).
9.2 If allowed by the San Diego County Water Authority, pap.ent
for the water allocated to each DISTRICT shall be accomplished
through the reporting of exchanges by SAN MARCOS to the San Diego
County Water Authority with the San Diego County Water Authority
billing each DISTRICT for the amount of water use allocated to
each DISTRICT; otherwise SAN MARCOS will bill each DISTRICT for
their prorated share of water delivered at the then prevailing
rate established by the San Diego County Water Authority.
9.3 Each of the DISTRICTS shall bear the full cost of any water
meter and appurtenance hstalled for the sole use of that DISTRICT;
’.
any cost connecte-d with the installation of any water meter and
appurtenance installed for the joint use of the parties will be
shared in the ratio of ownership (capacity) rights of each party
90 pJ
in the j oint meter and/or j oint appurtenance.
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,' 10.
I.
SPECIAL PRovrsropJ-
10.1 Any connections to the pipeline by an'y DISTRICT shall be
subject to written approval of the other DISTRICTS correlative
10.2 SAY MARCOS agrees to hold OLIVENHAIN and CARLSBAD free
and harmless from any damage or injury to the person, or property
of any third person (not a party to this Agreement) arising from
the maintenance and operation of the project by SAN MARCOS.
10.3 Notices which any DISTRICT is required to give or desire
to give hereunder may be served upon another DISTRICT 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:
SAN mcas COUNTY WATER DISTRICT
788 W. San Marcos Boulevard
San Marcos, California 92069
c +.
OLIVENHAIN MUNICIPAL WATER DISTRICT
1966 Olivenhain Road
Encintas , California 92024
4
CARLSBAD MUNICIPAL WATER DISTRICT
5950 El Camino Real
Carlsbad, California 92008
10.4 Any DISTRICT may from time to time designate a different
address for notice by notifying the other DISTRICTS; 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 requested, shall be deemed by the party to whom such
686SPPL09L XVd PE:60 66/PO/TT
notice is addresse-on the receipt date of tb-return receipt.
10.5 If any party brings any action or prdceedings to enforce, ,,
r,' .protect, or establish any Tight or remedy under the Agreement,
~ i' . . . . r&as:onable ,c,Os~ .. .. 9.- .- . , - ._,. . . . 1 . .. . . .. ,-
and attorneys' fees as established by the Court.-
10.6 Venue for the purposes of litigation or arbitration shall
lie in the North County Judicial District, County of San Diego,
State of California or, if such venue cannot be exercised, in
the nearest Federal or State court in the County of San Diego.'
11- The effective date of this Agreement, executed in triplicate, in
the North County Judicial District, County hSan Diego, State of
California, consigting of // pages, is&& - /, 1978 . .* v
IN WITNESS WHEREOF, the respective DISTRICTS have caused this
instrument to be executed by the DISTRICTS' respective officials and
to be sealed by the official seal pursuant to mot-ions duly adopted by
the Board of Directors of each
June 12, 1978 DATED :
(SEAL)
DISTRICT.
SAN MARCOS COUNTY WATER DISTRICT
of the Board of Directors 3Y
Board of Directors
SAY E4ARCOS COUNTY WATER DISTRICT 788 W. San Marcos Boulevard San Marcos, California 92069
80 6869PPL09L XVtI PE:60 66/PO/II
.-
A
DATED: May 78, 1978
DATED: May 78, 7978 BY
(SEAL) OL f VENHAI N MUN I C I PAL WATER DI STR I CT
1966 Olivenhain Road Encinitas, California 92024
CARLSBAD MUNICIPAL WATER DISTRICT
DATED :
of Directors
(SEAL; CARLSBAD MUNIdIPAL WATER DISTRICT
5950 El Camino Real Carlsbad, California 92008
60 686SPPL09L XVd PE:60 66/PO/TT
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686SPPL09L XVd PE : 60 66/P0/1
SUPPLEMENTAL
AGREEMENT
.. Y
SAN MARCOS COUNTY WATER DISTRICT
AND
CARLSBAD MUNICIPAL WATER DISTRICT
-
JOINT OWNERSHIP
OF -
WATER TRANSMISSION LINE
IN
ASSESSMENT DISTRICT 76-3
-
(QUESTHAVEN)
THIS AGREEMENT is entered into by and between CARLSBAD MUNI-
CIPAL WATER DISTRICT, a municipal water district organized and
existing pursuant to the Municipal Water District Law of 1911 of the
State of California, Water Code Section 71000 et. seq. (CARLSRAD)
and SAN MARCOS COUNTY WATER DISTRICT, organized and existing under
the County Water District Act of the State of California, Water Code
Section 71000 et. seq. (SAN MARCOS).
R-EbC-I-T-A-L-S
1. SAN MARCOS is constructing a water transmission system
through Assessment District proceedings (Assessment District No.
686SVVL09L XVd PE:60 66/PO/TT
76-3: Questhaven). The joint participation of CARLSBAD and SAN
MARCOS (and Olivenhain Municipal Water District) in Assessment
District No. 76-3 is set forth in the "AGREEMENT: SAN MARCOS
COUNTY WATER DISTRICT, OLIVENHAIN MUNICIPAL WATER DISTRICT AND
CARLSBAD MUNICIPAL WATER DISTRICT CONSTRUCTION OF A WATER TRANS-
TRANSMISSION AND STORAGE SYSTEM, QUESTHAVEN PIPELINE WITH EFFEC-
TIVE DATE OF JULY 1, 1978 (Basic Agreement).
~2. In this Supplemental Agreement, SAN MARCOS and CARLSBAD
desire to supplement the BASIC AGREEMENT with respect to portions
of the transmission system to be jointly owned by SAN MARCOS and
CARLSBAD.
3. CARLSBAD is purchasing and will jointly own a portion
of the transmission system extending from the connection to the
aqueduct along Questhaven Road to Santa Fe Road, known as A-B
Section, as depicted in Exhibit "Af* attached hereto and incorpora-
ted herein, under the terms and conditions set forth in the BASIC
AGREEMENT.
4. SAN MARCOS and CARLSEAD will benefit, mutually, through
joint ownership of the portion of the system described in paragraph
2 above.
5. CARLSFAD desires SAN MARCOS and SAN MARCOS is willing to
finance and construct the pipeline known as E-C SECTION, as depicted
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686SPVL09L XVd PC:60 66/PO/TT
. .. I
in Exhibit IrErr attached hereto and incorporated herein.
6. CARLSRAD desires to purchase from SAN MARCOS and SAN
MARCOS is willing to sell to CARL'SBAD, CARLSBADIs proportionate
share of the E-C SECTION under the terms and conditions of this
Supplemental Agreement.
C-0-V-E-N-A-N-T-S
.NOW, THEREFORE, CARLSBAD and SAN MARCOS mutually agree as
follows :
1. SAN MARCOS will grant, convey and assign to CARLSBAD an
undivided right, title and interest for a proportionate share and
undivided ownership in and to the B-C SECTION of the transmission
line, as described in Exhibit IlBIr and in the BASIC AGREEMENT when
the line is constructed and when payment is received from CARLSBAD
pursuant to the terms of this Supplemental Agreement.
2. CARLSBAD agrees to accept the said pipeline (E-C SECTION)
and all the liabilities incident to the ownership of an undivided
interest in such pipeline, including the obligation to share in
maintaining the line in good repair. CARLSBAD agrees that it
accepts the said pipeline (B-k SECTION) in a condition that it is
at the time of acceptance of the project by SAN MARCOS with no add-
itional warranties as to fitness for any purpose whatsoever, or as
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686SPPL09L XVd PE:60 66/PO/TT
to the quality of construction or as to any other warranty expressed
or Implied emanating from SAN MARCOS.
.3. CARLSBAD agrees to pay SAN MARCOS the principal sum of
TWO HUNDRED SEVEN THOUSAND FORTY-FIVE DOLLARS ($207,045.00), as
adjusted by any change orders relating to the construction of said
pipeline (B-C SECTION), in ten (10) equal annual instalrnents, com-
mencing on June 30, 1980 and payable on June 30th of each calendar
year thereafter until the total principal sum has been paid in
full.
4. In addition thereto, CARLSBAD shall pay to SAN MARCOS
interest at the rate of 7.25% per annum on the principal balance
remaining from time to time, such interest payment to commence on
June 30, 1980 and payable on June 30th of each calendar year there-
after until the total principal sum has been paid in full.
5. CARLSBAD may make a cash contribution before the first
payment date on June 30, 1980 to reduce the amount of the unpaid
principal and after that date may prepay all or any part of the
amount of the principal due on any succeeding payment date, without
penalty to CARLSBAD.
6. CARLSBAD shall be entitled to offset against the payments
due from CARLSBAD to SAN MARCOS the amount of any payments due from
SAN MARCOS to CARLSBAD under that Agreement for sale and transfer
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9'1 @!I ZIBAVM SOAI3311VA 6869PPL09L XVtI PE:60 66/PO/TT
of a pipeline enterec. into the 6th day of November, 1963, executed by
ALLEN O'KELLY on behalf of CARLSBAD and OBY BLANCHARD on behalf of
SAN MARCOS.
The effective date of this Agreement, which may be executed
in counterparts, in the North County Judicial District, County of.
San Diepo, State of California, is June 5, 1979.
LT @
CARLSBAD
CARLSBAD MUNICIPAL WATER DISTRICT
SAN MARCOS
SAN MARCOS COUNTY WATER DISTRICT
By :
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6869PVL09L XVd PC:60 66/PO/TT