HomeMy WebLinkAboutVallecitos Water District; 2000-03-24;AGREEMENT FOR EXCHANGE OF SEWAGE FLOWS
BETWEEN THE VALLECITOS WATER DISTRICT
AND THE CITY OF CARLSBAD
(MEADOWLARK ESTATES/RANCH0 CARRILLO SEWER FLOW AGREEMENT)
This Agreement for Exchange of Sewage Flows (“Agreement”) is made and entered
into by and between the VALLECITOS WATER DISTRICT (“VALLECITOS”), a public
agency organized and existing pursuant to the County Water District Law, California Water
Code section 30000 et seq., and the CITY OF CAIUSBAD (“CITY”), a municipal
corporation of the State of California, with reference to the following recitals:
R-E-C-I-T-A-L-S
A. VALLECITOS and CITY are members of the Encina Wastewater Pollution
Control Facility (“ENCINA”), through which member agencies own and operate facilities
for the treatment and disposal of sewage effluent in the region.
B. The land outfall sewer to ENCINA is owned and operated by VALLECITOS
and provides sewer conveyance capacity for VALLECITOS and CITY from El Camino Real
west to ENCINA.
C. VALLECITOS and CITY desire to take advantage of more efficient and cost-
effective transfers of certain sewage flows from VALLECITOS through CITY’s Ranch0
Carrillo Sewer Facilities (“Ranch0 Carrillo Sewer”), which convey sewage to the land outfall
sewer at El Camino Real, pursuant to the terms and conditions of this Agreement as shown
on the attached Exhibit “A.”
D. VALLECITOS and CITY at all times shall remain responsible for providing
sewer service to the customers and land owners within the respective boundaries of each
agency.
NOW, THEREFORE, it is agreed by and between the parties as follows:
AGREEMENT
Section 1. Flow ExchanPe Area. VALLECITOS and CITY have determined that
some customers may be better served by gravity sewage flows through the Ranch0 Carrillo
Sewer, and VALLECITOS shall transfer specific sewage flows from eighty (SO) single-
family homes within the boundaries of VALLECITOS to the Ranch0 Carrillo Sewer as
shown on the attached Exhibit “A.”
Section 2. Canacitv Purchased. CITY has determined that adequate capacity is
available and, as part of this Agreement, VALLECITOS agrees to pay CITY a one-time
capital facility charge of $963.00 per equivalent dwelling unit, with an average flow of 220
gallons per day, for permanent use of the Ranch0 Carrillo Sewer by the 80 single-family
homes as shown on the attached Exhibit “A.”
Section 3. Discharge Standards. All transferred sewage flows from VALLECITOS
to CITY shall meet federal, state, and local discharge requirements, which shall include all
industrial waste discharge limitations.
.
Section 4. Pavment of Oneration & Maintenance Comnensation. To compensate
CITY for costs of operation and maintenance of the Ranch0 Carrillo Sewer, VALLECITOS
shall pay CITY quarterly a sum equal to one hundred percent (100%) of the CITY’s then
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. .
current sewer charge. Nothing in this Agreement shall restrict the CITY’s power to adjust
its sewer service charges. The current rate is $13 per equivalent dwelling unit.
Section 5. Maintenance of Facilities. It shall be VALLECITOS’ responsibility to
maintain its sewer system in a state of repair and maintenance that will prevent excessive
infiltration and inflow from entering the CITY’s Ranch0 Carrillo Sewer.
Section 6. ENCINA Canacitv Adiustment. Flows from VALLECITOS to the
Ranch0 Carrillo Sewer shall be allocated to VALLECITOS for purposes of capacity charges
at ENCINA. VALLECITOS will provide an allowance for the connected flows and monthly
flow reports to ensure CITY is not charged by ENCINA for flows from VALLECITOS. The
adjustment will be based upon readings taken and reported at the VA1 meter site.
Section 7. Miscellaneous Provisions.
7.1 In the event of any legal or equitable proceeding to enforce or Venue.
interpret the terms or conditions of this Agreement, the parties agree that venue shall lie only
in the federal or state courts in or nearest to the North County Judicial District, County of San
Diego, State of California.
7.2 Modification. This Agreement may not be altered in whole or in part
except by a modification, in writing, executed by all the parties to this Agreement.
7.3 Incorporation of Service Agreement. This Agreement and the terms and
conditions shall be incorporated by reference as an exhibit to the service agreement entered
into by the agencies and the customer receiving the exchange of sewage flows.
.
7.4 Entire APreement. This Agreement, together with all the exhibits
attached to this Agreement, 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, whether or not such correspondence, memoranda, or agreements
are in conflict with this Agreement, are intended to be replaced in total by this Agreement
and its exhibits.
7.5 Indemnification. VALLECITOS agrees to indemnify and hold the
CITY, its officers, and employees harmless for any injuries, damages, costs, and judgments,
which are caused by or are the result of any negligent or wrongful act or omission of
VALLECITOS or arising from the exercise of any rights by VALLECITOS under this
Agreement.
2000.
7.6 Effective Date. The effective date of this Agreement is mht26ft sy,
“VALLECITOS”: “CITY”: ’
VALLECITOS WATER DISTRICT
ard of Directors
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PROPOSED 30’ EASEMENT TO CI-IY OF
PDINT OF CONNECTION
INDICATES LOTS TO BE SERVED 8Y CULS8AD, 80 UNITS.
VW0 UND OUTFAlL
EASEMENTTOVWD
VALLECITOS WATER DISTRICT
)ate: 12-6-99 I MEADOWLARK ESTATES Drawn By: P.C.
Scale: 1” = 400’
LP.N. EXHJBIT “A” Dot. No.
V.W.D. Chk. D.O.L.
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