HomeMy WebLinkAboutSan Marcos County Water District; 1981-11-30;AGREEMENT
SAN MARCOS COUNTY WATER DISTRICT, BUENA SANITATION
DISTRICT AND THE CITY OF CARLSBAD AGREEMENT FOR THE
OPERATION AND MAINTENANCE OF AN OCEAN FAILSAFE
TREATED EFFLUENT OUTFALL PIPELINE
THIS AGREEMENT is made and entered into by and between the
SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), the BUENA SANITATION DISTRICT
(BUENA), and the CITY OF CARLSBAD (CARLSBAD), collectively referred to as
PARTIES.
RECITALS --------,
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THIS AGREEMENT between the PARTIES is entered into. in view of
the following facts and purposes.
1. SAN MARCOS is a public entity organized and functioning pur-
suant to the COUNTY WATER DISTRICT LAW, California Water Code 30000 et seq.;
BUENA is a public entity organized and functioning pursuant to the COUNTY
SANITATION DISTRICT ACT, Health and Safety Code 4700 et seq.; CARLSBAD is a
General Law City,Government Code 34102, organized and functioning pursuant to
the provisions of the California Constitution, Article XI 2 (a) and Government
Code 36500 et seq.
2. The SAN MARCOS COUNTY WATER DISTRICT, pursuant to an agreement
dated March 3, 1980 (Basic Agreement) with DAON CORPORATION, a Delaware Corpora-
tion, authorized to do business in California (DAON), is having an ocean outfall
fail-safe pipeline sewer constructed from SAN MARCOS MEADOWLARK treatment plant
to the coast to transport treated sewage into the Encina Ocean Outfall, by-passing
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the Encina Treatment Plant; the contemplated
forth in Exhibit "A" to this agreement which is made a part hereof.
routing of this pipeline is set
3. Pursuant to the Basic Agreement, DAON and SAN MARCOS agreed
to permit an enlargement of portions of the pipeline, the cost to be borne
by the PARTIES requesting the enlargement.
4. SAN MARCOS has entered into a MEMORANDUM OF UNDERSTANDING
with a number of owners of real property, collectively referred to as
"DEVEiOPERS", dated June 16,.1980, (MEMORANDUM) whereby developers have re-
quested and agreed to pay for the enlargement of portions of the pipeline.
5. The enlarged sections of the pipeline are designated to
handle treated sewage generated in lands served by BUENA and CARLSBAD and
to be treated in plants operated and owned by BUENA and CARLSBAD. The point
of connection of the treated sewage transmission lines of BUENA and CARLSBAD
at the proposed point of joining with the SAN MARCOS outfall is depicted on
Exhibit "A".
6. The MEMORANDUM provides for the assignment by developers of
their ownership of the right to use the capacity of the enlarged pipeline to
BUENA and CARLSBAD.
7. BUENA wishes to accept the assignment of capacity in the pipe- ,
line to serve both a separate project of DAON known as Shadowridge, located
within the BUENA service area and the BUENA service area in general. The
-arrangements between BUENA and DAON-Shadowridge for such assignment are matters
of separate'agreement to be reached between DAON and BUENA and are not a part
of this Operation and Maintenance Agreement.
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8. CARLSBAD wishes to accept the assignment of capacity in the
pipeline to serve proposed developments known as Koll, Calavera, and others;
the arrangements between CARLSBAD and the participating developers for such
assignment are matters of separate agreement between developers and CARLSBAD
and are not a part of this Operation and Maintenance Agreement.
9. SAN MARCOS, BUENA and CARLSBAD are entering into this Agreement
in order 'to delineate their respectiie rights and duties with respect to joint
i ownership of capacity in the enlarged portions of the pipeline which are to
serve the respective parties and the operation and maintenance of those portions
of the pipeline which are subject to said ownership, when construction is com-
pleted and the assignment by developers to BUENA and CARLSBAD is complete and
effective. .
COVENANTS ---------
1. IT IS, THEREFORE, AGREED BY AND BETWEEN THE PARTIES, SUBJECT TO THE
MUTUAL COVENANTS AND CONDITIONS AS SET FORTH HEREIN, AS FOLLOWS:
10. GENERAL PROVISIONS
10.1 SAN MARCOS shall be the lead agency and shall be responsible
for supervision of the construction of the pipeline as enlarged and for the opera-
tion and maintenance of the pipeline after construction. i 4
10.2 The percentage of capacity owned by each party in the
project is, set forth in this section. The final capacity will be determined by
applying the percentages of this section to the pipeline as finally constructed.
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San Marcos Reach
Buena Reach
Carlsbad Reach
SAN MARCOS BUENA CARLSBAD
100% -o-% -o-%
50% 50% -o-%
16.3% 16.3% 67.4%
Capacity is defined as the maximum instantaneous flow rate in millions of .
gallons per day. b
11. CONSTRUCTION
11.1 DAON is responsible for construction of the outfall as
enlarged pursuant to the Basic Agreement and the MEMORANDUM.
11.2 SAN MARCOS shall administer the construction contract,
DAON shall notify SAN MARCOS of the total amount and basis for each progress
. payment. .
11.3 Change orders in or amendments to the approved plans
and specifications and change orders or extra items will be authorized by con-
current action of DAON and SAN MARCOS.
11.4 SAN MARCOS shall monitor'the construction of the project
to insure compliance by the contractor with the approved plans and specifications
or approved changes or amendments to the approved plans and specifications.
11.5 Under the basic agreement DAON, with the assistance of
SAN MARCOS, shall take any and all steps necessary to acquire easements of rights
of way for the project; in the event eminent domain proceedings are necessary,'
then SAN MARCOS shall take any necessary legal proceedings; all PARTIES agree to
adopt any necessary resolutions connected with said 1,egal proceedings; the cost
of all such legal proceedings shall be part of the construction cost.
12. ROUTINE MAINTENANCE AND OPERATION OF THE PROJECT
12.1 On completion of the project, SAN MARCOS shall own the
line and shall maintain and operate the project inaccordance with this agreement.
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12.2 This agr. -lent, when executed by SAN MARC and CARLSBAD, shall
be effective as to CARLSBAD, upon acceptance by CARLSBAD.of the assignment of
capacity right in the enlarged pipeline from Koll, Calavera, and others. CARLSBAD
shall provide to SAN MARCOS a copy of the executed assignment. This Agreement
when executed by SAN MARCOS and BUENA, shall be effective as to BUENA upon .
acceptance by BUENA bf the assignment of capacity rights in the enlarged pipeline
from Daon-Shadowridge. BUENA shall provide to SAN MARCOS a copy of the executed
assignment. Costs of maintenance and-operation shall be shared between SAN MARCOS,
BUENA and CARLSBAD in proportion to their respective capacity rights on a reach
by reach basis and as specified in Section 10.2 hereof.
12.3 Costs of expendables for all PARTIES, such as, but not limited to,
power, chemicals, etc., will be borne and paid by each of the PARTIES in a ratio
of their flow to the total flow of water transported through the project for each
of the PARTIES for the preceding calendar year; until such time as a preceding
calendar year is available, the period of time shall be the cumulative preceding
t months of operation. Costs of expendables benefittitig less than all PARTIES shall
be borne by the PARTY or PARTIES concerned.
12.4 SAN MARCOS shall bill BUENA and CARLSBAD periodically (but not less
than annually) for that PARTY's share of such costs and maintenance; BUENA and
CARLSBAD shall pay such. statement within sixty (60) days after receipt of the. billing.
12.5 SAN MARCOS shall keep and maintain proper books of account and
records in which complete and current entries shall be made of all transactions,
including all receipts and disbursements, relating to the administration, mainten-
ance, operation and repair of the project; BUENA and CARLSBAD shall have the right,
at reasonable times, from time to time, during regular business hours to inspect
all such books and records .to verify any statement rendered by SAN MARCOS to BUENA
or CARLSBAD for charges payable by those PARTIES to SAN MARCOS. SAN MARCOS shall
utilize the "Uniform Accounting Program" of the State Controller's office for
this purpose,
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12.6 BUE-' S consent to the common use o UENA'S right of way,
attached hereto and made a part hereof as Exhibit "B", is conditioned on payment
of special costs to BUENA for maintaining BUENA'S existing pipeline due to the
close proximity of the joint use pipeline until July 7, 2000. This cost, if
incurred, shall be allocated as a maintenance and operation expense based on the
percentage of ownership of capacity on a reach by reach basis in the affected
area.
12.7 It is acknowledged and agreed by the PARTIES that it is
difficult to establish in advance a detailed plan .for.accounting and allocation
of operation and maintenance costs. Maintenance and operating costs shall mean
the necessary costs of maintaining and operating the outfall based on generally
accepted accounting principles, including, but not limited to, expenses necessary
to maintain and preserve the outfall in good repair and working order, as well
as insurance, taxes, administration, and any costs attributable to its maintenance
and operation.
? 13. REPAIRS OR REPLACEMENT .
13.1 Except in cases of emergency repairs, prior- to making any
repairs to any part of the pipeline in which BUENA or CARLSBAD have capacity
rights which are estimated to cost in excess of'Ten Thousand Dollars, SAN MARCOS '
shall obtain prior approval of BUENA and CARLSBAD for any such expenditures.
13.2 The expenses of repair shall be charged to each PARTY on the
basis of percentage of capacity in the reach involved and shall be substantiated
by customary accounting procedures and shall be paid by BUENA and CARLSBAD within
sixty (60) days after billing; provided, however, such costs benefitting less
than all PARTIES shall be borne by the PARTY or PARTIES concerned.
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13.3 The cost of replacing any portion of the pipeline shall
be allocated on the basis of the percentages of capacity as set forth herein
for the respective reach of the outfall being replaced.
13.4 SAN MARCOS shall undertake any necessary repairs or
replacement at the earliest possible date.
14. METERS
14.1 SAN MARCOS, BUENA and CARLSBAD shall maintain meters to
measure the flow of their treated effluent into the pipeline. Any PARTY removing
treated effluent from the pipeline shall maintain meters to measure the amount of
effluent being removed.
14.2 Each PARTY shall bear the full cost of the water meter
and appurtenances installed for the use of that PARTY in measuring the amount of
water discharged into or removed from the pipeline.
15. SPECIAL PROVISIONS
t 15.1 In the event that the Cali,fornia Regional Water Quality
i Control Board, San Diego Region, its successor, or any other Agency having
jurisdiction over the operation, maintenance and use of the outfall other than
the PARTIES'requires that additional facilties be constructed as a condition of
pipeline use or that the pipeline be modified, the costs thereof shall'be -borne
by the PARTIES on the basis of percentage of capacity for the particular reach
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for which the expense is required to be i‘ncurred.
15.z No structural change.or modification of the outfall lying .
outside the boundary of SAN MARCOS shall occur without first obtaining the
written consent of all of the parties to this agreement involved in that joint
use. Said consent shall not be unreasonably withheld.
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16. TECHNICAL REQUIREMENTS
16.1 The PARTIES shall normally maintain a quality of effluent
that complies with'standards established in the National Pollution Discharge
Elimination System (NPDES) Permit of Encina or the provisions thereof as amended
from time to time by the California Regional Water Quality Control Board, San
Diego Region, on behalf of the State of California and the Environmental Protec-
tion Agency. The PARTIES further agree that they will not deliver to the pipeline '
any material or substance which directly or indirectly or in combination with
other material or substance delivered to the pipeline by others to this Agreement
which would prevent Encina from complying with said permit.
16.2 The PARTIES may mutually agree to maintain a quality of
effluent that complies with standards for reuse of said effluent as defined by .
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Title 22 California Administration Code 60001, et seq. as amended from time to
time, provided the modified standard of quality of effluent complies with the
effective discharge permit for the Encina Outfall.
16.3 During the period of temporary connection to the
Leucadia-Carlsbad by-pass of the Encina Treatment Plant, the PARTIES shall co-
operate to insure that the maximum hydraulic head at that point is less than
13.0 psi.
16.4 Each PARTY agrees to exert its best efforts on a con-
tinuing basis to enforce regulations prohibiting the discharge of toxic materials
to Encina. Each PARTY agrees to enforce rules and regulations relative to the
.discharge of sewage and waste water to the pipeline to insure that anything
introduced into the pipeline is consistant with the' Encina NPDES discharge permit.
16.5 Any PARTY failing to comply with the provisions of
Section 16 shall pay any costs directly or indirectly resulting therefrom,
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including the cost 0, Jscertaining and establishing .L,,dt such did occur as well
as any fines, penalties, engineering, accounting, administrative and legal costs,
as well as any resulting increased operating, maintenance and replacement or
repair costs that are incurred.
17. OWNERSHIP, USE AND SALE OF RECLAIMED WATER
17.1 BUENA, CARLSBAD and SAN MARCOS, individually, shall be
sole and exclusive owner of the treated effluent which they discharge into the
pipeline and shall be the sole judge of the manner of distribution or sale of
the treated effluent owned, respectively, by each of the parties within the
territory of such PARTY; no other PARTY shall have any right, title or interest
or claim with respect to any other PARTY'S use or disposition of the treated
effluent which is owned by that individual party within the territory of such
PARTY. .
17.2 Each PARTY now or may in the future reuse or reclaim its
sewage and wastewater. Neither execution of this Agreement nor use of the SAN
MARCOS outfall. shall be construed as a dedication of any sewage, wastewater or
resulting effluent or reclaimed water for public use. Ownership of such sewage,
wastewater or resulting effluent or reclaimed water shall remain in its proper
quantity as to the PARTY delivering or causing such to be delivered to SAN MARCOS
outfall until it is discharged from the Ocean Outfall.
18. INDEMNITY OF BUENA AND CARLSBAD
. 18.1 SAN MARCOS shall indemnify; as'sume the defense of, and
holdfree a.nd harmless, BUENA and CARLSBAD, their officers, directors, agents and
employees from any and all obligations, liabilities, liens, claims, demands,
losses, damages and expenses, of whatever type or nature, including, but not
limited to, attorney's fees and all litigation costs arising out of SAN MARCOS'
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operation or maintenance of the pipeline or any other act or omission to act
by SAN MARCOS, its agents, servants, employees, invitees, or independent
contractors relating to the operation and maintenance of the pipeline.
18.2 Notwithstanding the foregoing, the indemnity agreement
created by this Paragraph 18 shall not indemnify BUENA or CARLSBAD, their
directors, agents or employees against any liability arising from the negligence
or willful misconduct of BUEhA or CARLSBAD, their officers, directors, agents,
employees or independent contractors.
19. SAN MARCOS TO MAINTAIN INSURANCE
19.1 SAN MARCOS shall maintain in force during the full period
of this agreement a full comprehensive public liability and property damage
insurance policy insuring against any and all claims for injuries or death of
persons or damage to property occurring in, upon, or,about the property subject
to this agreement.
19.2 The insurance contract shall have limits of not less than
$1,000,000.00 single-limit coverage, BUENA and CARLSBAD, their officers, directors,
agents and employees, shall be fisted as additional insureds, and it shall provide
for at least forty-five (45) days notice of cancellation or modification of
coverage or limits. Said insurance shall be included as an operating and main-
. tenance expense as provided in Section 12.7. , .
20. NOTICES
20.1 Notices which any PARTY is required to give or desires to
give hereunder may be served upon another PARTY by personally delivering a copy
thereof; or by mailing any such notice by certified mail, return receipt requested,
postage prepaid, addressed as follows:
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: ,. - SAN MARCOS COUNTY WATER DISTRICT
788 W. San Marcos Boulevard
San Marcos, California 92069
BUENA SANITATION DISTRICT
c/o Department of Sanitation & Flood Control (0384)
County of San Diego
County Operations Center
5555 Overland Avenue
San Diego, California 92123
CITY OF CARLSBAD
1200 Elm Avenue
Carlsbad, California 92008
20.2 Any PARTY may from time to time designate a different
.address for notice by notifying the other PARTIES; 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 received by the PARTY to whom .
such'notice is addressed on the date of the return receipt. .
2-l. MODIFICATION .
This Agreement may not beealtered in whole or in part except
by modification in writing, executed by all PARTIES to this agreement.
22. ATTORNEY'S FEES
22.1 In the event any arbitration proceedings, administrative
proceeding or litigation in law or in equity, including an action for declaratory
relief, is'brought to enforce or interpret the provisions or performance of this
agreement, the prevailing PARTY shall be entitled to the award of a reasonable
attorney's fee and the costs of the proceeding, which shall be determined by the
Court or the presiding officer having authority to make this determination.
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22.2 If any PARTY to this agreement becomes a party to any
litigation, administrative proceeding or arbitration concerning the enforcement
or interpretation of the provisions of.t.his Agreement or the performance of this
Agreement by reason of any act or omission of another party or authorized repre-
sentatives of another party to this Agreement and not by any act or omission of
the party thdt becomes a party to that proceeding or any act or omission of its
authorized representatives, the party that causes another party to become involved
in the proceeding shall be liable to that party for reasonable Attorney's.fees
and costs of the proceeding incurred by that party in the proceeding. The award
of reasonable attorney's fees and costs shall be determined as provided above.
22.3 In the event opposing PARTIES have each prevailed on one
or more causes'of action actually contested or admitted by pleadings or pre- .
hearing .documents on file, the presiding officer shall make an award of attorney’s
fees and costs, but the presiding officer may prorate such fees and costs between
prevailing parties based on the necessity of the proceeding and the importance
of the issue upon which each party has prevailed.
. . 23. . ENTIRE AGREEMENT
This Agreement, together with the exhibits hereto, contains all
representations and'the entire,understanding between the PARTIES with respect to
the subject matter of this Agreement. Any prior correspondence,memoranda or
agreements are replaced in total by this Agreement and exhibits hereto.
24. NO MERGER
The obligations herein contained shall not merge with transfer
of title but shall remain in effect until fulfilled.
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*: 25. AtiaIGNMENT
No party to this Agreement shall be entitled to assign all or
any portion of their rights or obligations contained in this Agreement without
obtaining the prior written consent of the other PARTIES.
26. BINDING EFFECT
This Agreement shall inure to the benefit of and be binding
upon parties hereto and their respective successors, heirs, and assigns.
27. APPLICABLE LAW
This Agreement and any disputes relating to this Agreement
shall be construed under the laws of the State of Califonia. s
28. UNENFORCEABLE PROVISIONS
28.1 The terms, conditions, and covenants of this Agreement
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should be construed, wherever possible3.consistent with applicable laws and
regulations.
I 28.2 To the extent that any provision of the Agreement violates
1 any applicable law or regulation, the remaining provisions shall nevertheless be
carried into'full force and effect and remain enforceable.
29. ARBITRATION OF DISPUTES
29.1 Any controversy or claim between the parties to this
Agreement including, but not limited to, any claims, disputes, demands, differences, .
controversies, or misunderstandings arising under, out of, or in relation to this
Agreement, or any alleged breach of this Agreement, shall be submitted to and . .
determined- by arbitration in accordance with the California Arbitration provisions
contained in Civil Procedure 1280 et seq., as amended from time to time.
29.2 The arbitrator or arbitrators shall determine the rights
of the PARTIES in accordance with the law and the award shall be subject .to review
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as to the arbitrator's application of the law by any court having jurisdiction
of the matter, whether or not any mistake of the law shall appear upon the face
of the award. As to all question of fact, however, the determination of the
arbitrator or arbitrators shall be binding upon all PARTIES and shall be deemed
final and conclusive. Each PARTY shall be entitled to written findings of fact
and conclusions of law as to all issues determined by the award. Subject to the
above limitations, the award granted by the arbitrator shall be binding upon all
PARTIES to the arbitration and judgement upon the award rendered by the arbitrator
or arbitrators may be entered in any court having jurisdiction over the matter.
30. VENUE. For the purpose of litigation or arbitration, venue shall
lie in the North County Judicial District, County of San Diego, State of Calif-
ornia, or, if such venue cannot be exercised, in the Federal or State Court
nearest to the North County Judicial District, County of San Diego.
31. TERM This Agreement is executed and is to be performed in the
North County Judicial District, County of San Diego, State of California, and
consists of 22 pages (including exhibits), and shall continue in effect until -
terminated by mutual agreement of the PARTIES. .
IN WITNESS WHEREOF the respective PARTIES have caused this instrument
to be executed by their respective officials and to be sealed by the official
seal pursuant to motions duly adopted by the Board of Directors of each PARTY.
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Signature page to k'- :eement titled "San'MarcoL Jater District, Buena'
Sanitation District and the City of Car&bad Agreement for the Operation
and Maintenance of an Ocean Failsafe Treated Effluent Outfall Pipeline,
(SEAL)
DATED: , SAN
.
By:
el
(SEAL)
DATED:
a
Approved as to form:
BUENA SANITATION DISTRICT
By: Porter D. Cremans, Clerk of the Board of Directors
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County Counsel
DATED: &a 30 19 PI . \ CITY OF CARLSBAD
. lattorney
. .‘Signature Page to Ag, .ment titled "San Marcos Count, ,ater District, Buena
Sanitation District and the City of Carlsbad Agreement for the Operation and
Maintenance of an Ocean Failsafe Treated Effluent Outfall Pipeline.
(SEAL)
(SEAL)
Dated: /d-~o-~/fi J BUENA SANITATION DISTRICT
Approved as to Form
County Counsel
(SEAL)
Dated:
Approved as to Form
By:
Y
)j&&z&A.u
Porter 43? Creman's, Clerk of the
Board of Directors
CITY OF CARLSBAD
By:
‘Ronald C. Packard, Mayor
Vincent F. Biondo, Jr. City Attorney
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EXHIBIT "B" 4
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COYSEPlT TO COMtiON USE AGREEMENT .'
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THIS AGREEMENT, entered into this 7th day of Ju1.y ,198o,b’ -.
and between Buena Sanitation District, hereinafter- called “Buena,! and’ ihe :.._
San Marcos County Water District, hereinafter called “San Marcos,” .
GIITNESSETH
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Whereas, Buena is the owner in possession -of certain rights of way and ’
- easements, hereinafter ‘referred to. as “Buena’s easement,“‘~and ‘described by.. .:
the following easement documents: .
_- ,. -...-. . . . . :- . : . .
t File/Page MO. 126860 recorded July 14, 1964 and by Superior Court Case ‘286258 -1, ..: - - .
recorded as File/Page No. 212128 on November 20, 1964; File/Page .No, 126861 ., .. : -. .;
recorded - July 14,
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1964 and by Superior Court Case. 286258 recorded’ as ” .l’ . . :
File/Page No. 672 on January 4, 1965; File/Page No. 28063 recorded- ’
February 16 1965 and Superior Court Case 286258 recorded as FiTe/Pkge MO,
27924 recorded February 16, 1965; File Page/No. 1288 recorded January 5, 1965 .
and File/Page No. 17135 recorded -September 21, 1965; all in the official
records of San Diego County.
and
Whereas, San Marcos has acquired certain lands for reclaimed sewage put=.
poses in the vicinity of San Marcos, County of San Diego, near Palomar Air- -. .
port Road, hereinafter referred to as 5 an Marcos R/W,” and
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Whereas, the San Marcos right of way occupies a portion of Buena's ease-
ment and is subject to said easement which sa?d portion is hereinafter re- ..
ferred to as "area of common use," and is described as follows: a portion of
the existing easement from station lot50 to station 147+33,79,
Now, Therefore, Buena and San Marcos, hereby mutually agree as follows: -.
1. Buena hereby consents to the construction,' reconstruction, main-
tenance or use by San Marcos of a reclaimed sewage failsafe line, over, along
and upon Buena's easement in the area of common use upon and subject to the
'terms and conditions herein contained. . .
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2, San Marcos acknowledges Buena's title to Buena's easement in said
area of common use and the priority of Buena's title over the title of San
Marcos therein. Buena has and reserves the right and easement 'to use, in
coinnon with San Marcos's use of said failsafe line, said area of common use .
for a17 of tine .purposes for which Buena's easement was acquired, without need
for any further permit or permission from San Marcos. Except in emergencies,
Buena shall give reasonable notice to San Marcos before performing any work
on Buena's facilities in said area of common use..
3. a) TV Inspection of Existing Buena Outfall Sewer. At San Marcos'
expense, a TV inspection of the sewer will be made prior to the start of
construction, along the length of sewer that placement of the proposed .
pipeline will occur, to establish the existing condition of said sewer. Upon
completion of construction, a second TV inspection will be made to determine .-
what effects the construction process had o&the outfall sewer, .f
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Shoul
Will
prPJi
d the second inspection reveal any damage to outfall sewer, San Marcos
be responsible for the reoairs necessary to restore the sewer to its
cusly existing condition.
b. Excess Cost of Future Maintenance to Outfall Sewer. San Marcos.
agrees to reimburse Buena for excess costs, both direct and 'I'ndirect, for
excavation, shoring, or bracing incurred during maintenance or repair work to
. the Buena outfall sewer, as a result of the presence of the failsafe --
pipeline. The term of this excess cost reimbursement agreement shall be 20
years.
C: San Marcos agrees to hold Buena harmless from damage. claims by
others due to construction of the S.an ,Marcos failsafe line; damages include
1 but are not limited to damage to agricultural crops near the constrtiction
site from dust, interruption of irrigation systems, etc.
4. In the event that the future use of said failsafe line shall at any
tim2 or times necessitate a rearrangement, relocation, reconstruction or re-
moval of any of Buena's facilities then existing, in said area of. common use
and Ssn Marcos shall notify Suer-ta in writing of such necessity and. agree to
reimburse Buena on demand for its costs incurred in' complying with such no-
tice, Buena will provide San Marcos with plans oi its proposed
rearrangement and an estimate of the cost thereof and, upon approval .of such
plans by San Marcos, Buena will promptly proceed to effect such
rearrangement, relocation, reconstruction or removal- No further permit or
permission from San Marcos for such rearrangement shall be required and if
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such rearrangement shall require the relocation of any.of Buena's facilities
outside of said area of common use, San Marcos will (1) enter into a standard
fl7rn of joint use agreement covering the new location of kena's easement
within the San Marcos right of'way, (2) provide exc'uted document(s) granting . .
to Buena a good and sufficient easement outsid e of the San Marcos right of
way if necessary to replace Buena's easement or any part thereof, and (3)
reimburse Buena for any costs it may be required to expend to acquire such
easement, provided it is mutually agreed in writing that Buena shall acquire -.
such easement.
5. Except as expressly set forth herein , this agreement shall not in
any way alter, modify or terminate any provision of Buena's easement. 'Both
San Marcos and Buena shall tise said area of common use in such a manner as
k not to inerfere unreasonably with the rights of the other. Nothing herein
contained shall be construed as a release or waiver of any claim for
compensation or damages which Buena or San Marcos may now have or may
hereafter acquire resulting from the construction .of additional facilities or
the alteration of existing facilities by either San Marcos or Buena in such a
manner as to cause an unreasonable interference with tne use of said area of
coS;rr?en use by the 0the.r party.
6. THIS AGREEMENT shall inure to the benefit of and be binding upon the
successors and assigns of both parties,
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in duplicate by their respective official,s thereunto duly
authorized.
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SAN MARCOS COUNrY WATER DISTRICT
BY
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%‘PROVEp 8Y THE DfS7Rk7 BOARD oF-&~~o~s
s County biater. Distritt
P BUENA SANITATION DISTRTCT
BY Clerk of the Board of Directors
:
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1200 ELM AVENUE
CARLSBAD, CALIFORNIA 92008
Office of the City Clerk
November 2, 1981
Mr. James F. McKay General Manager San Marcos County Water District 788 San Marcos Boulevard San Marcos, CA 92069
The Carlsbad City Council, at its meeting of October 26, 1981, adopted Resolution No. 6701, approving an agreement for the operation and maintenance of an ocean failsafe treated effluent outfall pipeline.
Per your letter, dated September 29, 1981, enclosed are three executed copies of the Agreement between San Marcos County Water District, Buena Sanitation District and the City of Carlsbad.
As soon as they have been fully executed, please return one to this office.
Thank you for your assistance in this matter.
ALETHA L. RAUTENKRANZ City Clerk
ALR:krs
Enclosures
TELEPHONE:
(714) 438-5535
l IESIDLNT
MARGARET E. FERGUSON
“KE l RLSlDENT
STANLEY A. YAHR
DlRi!CTORS
RUSSELL W. HOLM
DALE MASON
JOSEPH D. WALLER ,f
GLHLRAL MANlGLR
JAMES F. MCKAY
ATTORNEY
VERNON A. PELTZER
sari marcos county water district
PHONE (714) 744-0460 l 788 SAN MAACOS BOULEi’A.RD l SAN MARCO& CALIFORNIA9206
September 29, 1981-
V
Mr. Frank Alshire, City Manager -
City of Carlsbad , !'; ;-; -.. f- ' I ..I , " i" i) 7
1200 Elm Avenue i..: ; .&, ,, j
Carlsbad, California 92008 . f-f;\. f. ,-a, ji' ' 8,. ,.>. .-SZ;\i)
Dear Mr. Alshire: s-j-l~4.2;itaj Sef-pices
We are enclosing herewith three (3) copies of the Agreement
between San Marcos County Water District, Buena Sanitation
District and the City of Carlsbad for the Operation and
Maintenance of an Ocean Failsafe Treated Effluent Outfall W'
Pipeline.
Please execute all three (3) copies and return them to this
. office. After they have been executed by this District we
will return one fully executed copy to you for your files.
I Sincerely,
san marcos county water district
PHONE (714) 744-0460 . 788 SAN MARCOS BOULEVARD l SAN MARCOS, CALIFORNIA 92069
PREIIDLNT
MARGARET E. PERGUSON
“ICE: PRLSlDCNT
STANLEY A. UAHR
DI(IIETORS
RUSSELL W. HOLM
DALE MASON
JOSEPH D. WALLER
OLNLRIL MANADLR
JAMES F. MCKAY
*.TTORWLY
VERNON A. PELTZER
December 2, 1981
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92008
Attention: Aletha L. Rautenkranz
City Clerk
Gentlemen:
Enclosed for your files is a copy of the Agreement for Operation
and Maintenance of an Ocean Failsafe Treated Effluent Outfall
Pipeline, This Agreement has been fully executed by the San
Marcos County Water District, Beuna Sanitation District and the
City of Carlsbad.
mds
Encl.
WATER - SASlC TO.. . LlPE . . . HEALTH . . AND PROGRESS,