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HomeMy WebLinkAboutVista Sanitation District; 1961-07-13; 1858-2129 EBASIC AGREEMENT BETWEEN VISTA SANI- TATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CON- NO. 1858" 2129 E STRUCTION OF A JOINT SEWER SYSTEM (Reference above number in each communjsfltion regarding this contract) THIS AGREEMENT (hereinafter sometimes referred to as the Basic Agreement), made and entered into this /' ^ ^tlt, day of 09 L- ( , by and between the VISTA SANITATION DISTRICT, a County (I Sanitation District (sometimes hereinafter referred to as VISTA), and the CITY OF CARLSBAD, a municipal corporation (sometimes hereinafter referred to as CARLSBAD); WITNESSETH: WHEREAS, there is an urgent need in Vista and in Carlsbad for additional sewage collection, transmission, treatment and disposal facilities to meet the requirements of their respective expanding populations; and WHEREAS, each of the parties hereto is empowered by law to provide for the transmission, treatment and disposal of sewage and is authorized to contract with the other as set forth in this Basic Agreement; and WHEREAS, it is the desire of the parties to enter into an agreement pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code for the joint exercise of powers in the acquisition, construction and operation of facilities for the transmission, treatment and disposal of sewage which facilities shall comprise a single system of sanitation works, hereinafter referred to as the "JOINT SYSTEM"; and RGBrstb 5-31-61 WHEREAS, it Is contemplated that said Joint System will serve not only the territory now within Vista and the territory within Carlsbad but additional areas which may hereafter be annexed to Vista or Carlsbad and that said Joint System may in the future also serve other municipal corporations, public district1" or agencies heretofore or hereafter created and that such municipal corporations, public districts or agencies may become parties to this Basic Agreement; and WHEREAS, it is contemplated that the Joint System will be acquired and constructed in stages; that portions of that part of the Joint System to be initially constructed will be designed to accommodate requirements for the year 1970 while other portions of said part will be designed to accommodate the requirements for the year 2000; and that said part to be initially constructed will be enlarged and expanded from time to time as the needs of the parties require; and WHEREAS, the Board of Directors of Vista and the City Council of Carlsbad have determined that acquisition, construction, ownership, operation and maintenance of said Joint System will result in a financial saving to Vista and Carlsbad and will be in the public interest; NOW THEREFORE In consideration of the promises and the mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows: Section 1. JOINT PARTICIPATION. The parties hereto shall participate jointly in the propor- tions hereinafter specified In the acquisition, construction, 5-9-61 -2- ownership, maintenance, operation and use of the systems of outfall sewers, interceptor sewers, pumping stations, force mains, metering stations, treatment plant, ocean outfall, sanitation works and appurtenances herein referred to as the Joint System (including the part thereof to be initially constructed pursuant to this agree- ment and the parts thereof which may be subsequently acquired or constructed for the enlargement thereof), and shall pay for such acquisition, construction, ownership, maintenance, operation and use of the Joint System in the proportions hereinafter specified. Section 2. JOINT SYSTEM MAP. (a) That part of the Joint System to be constructed initially pursuant to this Basic Agreement is delineated on the Joint System Map which is marked Exhibit "A", hereto attached and made a part of this agreement. That said part of said Joint System is divided into units as set forth in Exhibit "B", hereto attached and made a part of this Basic Agreement. (b) It is recognized that the descriptions of these units are of general nature and that complete engineering studies to be made pursuant to this Basic Agreement may require the modification of such units to accomplish the objectives of the Basic Agreement. Section 3- AREA TO BE SERVED BY JOINT SYSTEM. (a) The ultimate area that may be served by Units A to H, inclusive, of the Joint System is delineated on the Joint System Map hereto attached and marked Exhibit "A". (b) The ultimate area that may be served by Units A to H, inclusive, of the Joint System is divided into three drainage 5-9-61 -3- basins designated "Buena Vista Drainage Basin", "Aqua Hedionda Drainage Basin" and "Encinas Drainage Basin", respectively, which drainage basins are delineated on said Joint System Map. Each of said drainage basins constitutes a separate drainage area that may, with minor exceptions, be served by a gravity flow system of trunk sewers. (c) Said ultimate area that may be served by Units A to H, inclusive, is also divided into "service areas" as shown on said Joint System Map, each of said service areas being an area that will be served by Vista or Carlsbad or other municipal corporation, public district or agency that becomes a party to this Basic Agreement. (d) The treatment plant and ocean outfall (Units I and J) shall be constructed initially to serve the Carlsbad Service Area and the Vista Service Area. Areas lying outside the Carlsbad Service Area and Vista Service Area may be served by the treatment plant and ocean outfall (Units I and J) provided such areas are annexed to or become a part of the territory of a party to this agreement and such party, at its sole cost and expense, provides the necessary additional capacity or allocates its existing capacity rights in said treatment plant and ocean outfall to serve such areas. Section 4. RESTRICTIONS ON SERVICE BETWEEN DRAINAGE BASINS AND SERVICE AREAS. (a) No sewage generated within any one drainage basin shall be pumped or otherwise discharged into the outfall, interceptor, trunk or collector sewer lines serving any other drainage basin, except as hereinafter in this section provided; The sewage from one or more tracts of land In one drainage 5-9-61 -4- basin and adjacent to another drainage basin may be discharged by gravity (but not by pumping) into the trunk or collector sewer system of such other drainage basin provided the aggregate area of such tracts does not exceed 50 acres and the average sewage flow from all such tracts does not exceed 50,000 gallons per day (said flow- being that estimated to be generated by a population of 500 persons). (b) It is proposed that the outfall, interceptor, trunk and collector sewer systems to serve each of the drainage basins be constructed to accommodate the future development of such areas. It is the intent of the restrictions of paragraph (a) of this section to prevent the capacity of the outfall, interceptor, trunk or collector systems designed and constructed to serve one drainage basin from being used for another drainage basin prior to the full utilization of such capacity by the drainage basin for which it is designed and con- structed. (c) No sewage generated within any one drainage basin shall be pumped into another drainage basin on a permanent basis, provided, however, as a temporary measure and in a manner approved by the parties to this Basic Agreement, the pumping of sewage from one drainage basin to another may be permitted. Section 5. RIGHTS OP WAY AND LAND ACQUISITION - EXPENSES. For the purpose of facilitating the purchase of lands and rights of way for the Joint System and the payment of the cost of acquiring, constructing, maintaining and operating the Joint System, Vista shall act on its own behalf and the behalf of Carlsbad except as otherwise provided herein in acquiring lands and rights of way necessary for the construction of the Joint System 5-9-61 -5- and in paying all costs and expenses incurred by or to be paid in connection with the acquisition, construction, maintenance, operation and use of the Joint System and Carlsbad shall pay or cause to be paid into the funds of Vista its proportionate share of said costs and expenses in accordance with the terms of the Basic Agreement here- inafter specified. Section 6. CARLSBAD TO PROVIDE TECHNICAL ASSISTANCE. Carlsbad shall appoint a representative to assist, advise and make recommendations to Vista relative to all services and duties Vista is to perform under the terms of this Basic Agreement. Section 7. VISTA MAY EMPLOY COUNTY. It is recognized that any obligation imposed upon Vista by this Basic Agreement may be carried out by Vista or County of San Diego or other contractor employed by Vista to perform such obligations Section 8. PREPARATION OF ENGINEER'S REPORT. (a) Vista shall cause to be prepared an "engineer's report" on the proposed Joint System which said report shall be in a form adequate to provide the basis of an election to be called by Carlsbad or Vista or both for the purpose of obtaining authority to issue and sell bonds to finance the respective obligations of the parties to acquire or construct their proportionate share of the Joint System. (b) Upon execution of this Basic Agreement Vista shall employ the County of San Diego through its Department of Public Works to prepare said engineer's report, the County of San Diego to be paid its actual cost of preparing said report. Vista shall bill Carlsbad for its share of the cost and Carlsbad shall paj said bills forthwith. 5-9-61 -6- Section 9. SHARING OP COSTS OF ACQUISITION AND CONSTRUCTION OF THE JOINT SYSTEM. The cost of preparation of the engineer's report and of the cost of acquiring and constructing units A, B, C, D, E, F, G, H, I and J of the Joint System including the cost of land, easements and rights of way, engineering, construction and all incidental expenses, shall be borne and paid by Vista and Carlsbad in the following proportions: Vista shall pay Fifty five and seven tenths percent (55.7$) and Carlsbad shall pay Forty four and three tenths percent (44.3$). Section 10. ACQUISITION AND CONSTRUCTION OF JOINT SYSTEM. (a) Upon completion of the engineer's report Carlsbad and Vista shall proceed with reasonable diligence to acquire the necessary funds to pay for its share of the cost of acquiring and constructing the Joint System in the proportion herein specified and shall call and hold such bond elections and take such other steps as are necessary to acquire said funds. (b) At such time as Carlsbad is prepared to finance its proportionate share of the cost of preparation of plans, specifications, contract documents and related materials for the Joint System, Carls- i bad shall so notify Vista and after being so notified, and at such time as Vista is prepared to finance its share of such cost Vista shall negotiate subject to the: approval of Carlsbad, a contract for the employment of one or more engineers or associations of engineers to prepare the necessary plans, specifications, contract documents and related materials necessary for the acquisition and construction of the Joint System. The contract for such engineering work shall provide 6/7/61 -7- that Carlsbad and Vista each pay to the engineer or association of engineers a portion of the fee in the same proportion as Carlsbad and Vista are to pay for the acquisition and construction of the Joint System. (c) It is recognized that in addition to the employment of an engineer or association of engineers by Carlsbad and Vista jointly, it may be necessary to employ experts, consultants and other persons to facilitate the preparation of the plans and speci- fications. Vista shall employ such experts, consultants and other persons and upon being notified by Vista of the amount of Carlsbad's share of the cost thereof Carlsbad shall forthwith deposit with Vista its share of such costs. Section 11. LANDS AND RIGHTS OP WAY. (a) The land and rights of way for the following por- tions of the Joint System shall be acquired in the name of Carlsbad and Vista as tenants in common: Units "A", "B", "C", "D", "E", "P", "G", "H", "I" and "J". (b) At such time as the plans specifying the location of the necessary lands and rights of way have been prepared and approved by Carlsbad and Vista and the respective funds of Carlsbad and Vista are available for payment for the acquisition thereof, Vista shall proceed to acquire the necessary lands and rights of way. Vista shall notify Carlsbad from time to time of the amount to be deposited by Carlsbad with Vista to pay its proportionate share of the costs of the lands and rights of way and Carlsbad shall deposit its share with Vista when due. 5-9-61 -8- Section 12. VONSTRUCTION OF JOINT Upon completion of the plans, specifications, contract docu- ments and related materials and their approval by Carlsbad, and the acquisition of the necessary lands and rights of way or possession thereof pursuant to eminent domain proceedings, and at such time as Carlsbad and Vista are prepared to finance their pro- portionate shares of the cost of construction of the Joint System, Vista shall advertise for bids for the construction of the Joint System or such portion thereof as may be hereafter agreed to by the parties by supplement to this agreement. The contract for the construction of the Joint System, or portion thereof, shall provide that Carlsbad and Vista shall each pay to the contractor that part of the contract price or installment thereof in the same proportion as Carlsbad and Vista are to pay for the construction of the Joint System. Vista shall cause the work to be inspected and shall ad- minister the execution of the contract. Section 13. CAPACITY RIGHTS. Upon payment by each of the parties to this Basic Agreement of its proportionate share of the cost of the Joint System, each party shall thereupon own and enjoy a perpetual right to use the capacity of the various units of the Joint System in the proportions set forth in the "Table Showing Allocation of Capacity of Vista Sani- tation District - City of Carlsbad Joint Sewerage Project" which is marked Exhibit "C", hereto attached and made a part of this Basic Agreement. No party to this Basic Agreement shall in any way grant, encumber, limit or restrict its interest in any part of said Joint System or partition or seek to partition the same or have any part thereof set apart in severalty or use said Joint System or any part thereof for any purpose other than the Disposal of sewage, without the prior consent of the other parties to this Basic Agreement. 6-7-61 -9- Section 14. CAPACITY AND USE OF CAPACITY. The various units of the Joint System shall be designed and have a capacity to convey to the treatment plant the volume of sewage specified in Exhibit "C". The treatment plant shall be designed and have a minimum capacity to receive and treat and dispose of approx- imately three and one half (3-5) million gallons average daily flow of sewage. Each of the parties to this agreement shall own and en- joy the perpetual right to use the portion of the capacity of said units of the Joint System as set forth in said Exhibit "C" and no party hereto shall use the Joint System or any part thereof to a greater percentage of its capacity than Is specified by said Exhibit "C" except with the approval and agreement of the other parties hereto in accordance with the terms and conditions hereinafter pro*- vided. Section 15. ACQUISITION OF ADDITIONAL CAPACITY. In the event any party to this Basic Agreement may hereafter require additional capacity in said Joint System or any unit thereof in excess of the proportionate capacity allocated under said Exhibit "C" and the said Joint System or unit thereof is not then being used by the other parties to the full percentage of the total capacity to which said other parties are entitled, the party requiring additional capacity may rent or purchase from another party such additional capacity rights as may be transferred without detriment to the needs of such other party and in the discretion of the governing body of said other party. Such rental or purchase shall be on such terms as are hereafter agreed upon. Section 16. MAINTENANCE AND OPERATION DEFINED. Maintenance and operation of the Joint System is defined and 5-9-61 -10- shall be construed to mean the operation of and the repair and upkeep of the same, whether it requires installation of. or replace- ment by new material or not, if the repair and upkeep be occasioned or made necessary solely through the use thereof, together with the reasonable and necessary costs of the removal of obstructions therefrom. 6-1-61 -11- Section I?. OPERATOR. The Joint System shall be maintained and operated by an in- dependent contractor employed by Vista and Carlsbad Jointly, which said independent contractor shall be known as the "OPERATOR". It is agreed that Vista and Carlsbad shall jointly contract with the County of San Diego,, as Operator, for the operation and maintenance of the Joint System for a period of two years from and after the commence- ment of operation of the Joint System. Said contract with the County of San Diego shall be one for the Joint exercise of powers pursuant to Chapter 5, Division 7> Title 1 of the Government Code, and shall provide that the County shall maintain and operate the Joint System and shall preserve it in good repair and working order, all in accordance with recognized sound engineering practice. The parties to this Basic Agreement shall bear the cost of said operation and maintenance in the proportions set forth in subdivisions (a) and (b) of Section 17.3- The County of San Diego by endorsing upon this agree- ment its consent to maintain and operate the Joint System, acknow- ledges that it will enter into an agreement to operate and maintain the Joint System as aforesaid and charge for such service its actual cost of operating and maintaining the Joint .System. The Operator shall maintain and operate the Joint System andi preserve it in good repair and working order, all in accordance with recognized sound engineering practice. The Operator shall reconstruct or cause to be reconstructed such portions of the Joint System as shall be ordered by the Administrator or by Carlsbad and Vista jointly. The Operator shall maintain accurate records and accounts of all receipts and disbursements and expenses incurred in connection with the 6-1-61 -12- operation and maintenance of the Joint System and in connection with any ordered reconstruction. These records and accounts shall be avail- able for Inspection at all reasonable times by any party to this Basic Agreement. The Operator shall measure and keep accurate records of the measurements of sewage flow as may be required by this Basic Agreement or by the Administrator. Section 17.1. ADMINISTRATOR. For the purpose of administering the contract with the Operator, Carlsbad and Vista shall jointly designate a party to this Basic Agree- ment as the "ADMINISTRATOR". It is further agreed that Carlsbad shall be and perform the duties of the Administrator until such time as Vista and Carlsbad jointly agree that some other party to this agreement be designated Administrator. The powers and duties of the Administrator are as follows: 1. Supervise and administer the contract between Carlsbad and Vista and the Operator for the operation and maintenance of the Joint System] 2. Prepare and submit annually to the parties to this agreement a budget estimating the amount of moneys necessary to operate and maintain the Joint System as hereinafter set forth; 3. Audit the accounts of the Operator when necessary to insure that bills submitted by the Operator are accurate; 4. Pay the Operator out of funds deposited with the Administrator; 5. Order the Operator to reconstruct or cause to be re- constructed those portions of the Joint System when an emergency arises 6-2-61 -13- and such reconstruction is immediately required to permit the Joint System to continue to function; 6. Maintain records of the Operator's measurements, "of sewage flow sufficient to carry out the terms of this Basic Agreement; 7. Maintain insurance as hereinafter set forth. The expenses of the Administrator In carrying out the powers and duties imposed on it by this Basic Agreement shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid as hereinafter specified. Section 17-2. JOINT ADVISORY COMMITTEE.. Vista and Carlsbad hereby agree that there shall be appointed a committee consisting of 6 members, three appointed by the governing body of Carlsbad and three appointed by the governing body of Vista. The members so appointed may, but need not, be members of the governing body of Carlsbad or Vista. Said committee shall be known as the "Joint Advisory Committee" arid its powers, duties and functions-shall be as follows: 1. To review the operation and maintenance of the Joint System, Including the cost thereof, and make reports and recommenda- tions to the governing bodies of the parties to this agreement and to the Operator. 2. After the Joint System has been in operation for one year, to investigate and review the operation and maintenance of said system and the cost thereof and thereafter recommend to the governing bodies of Carlsbad and Vista the procedure to be followed in main- taining and operating the Joint System. 3. Review and make recommendations to the governing 5-29-61 -14- bodies of the parties to this Basic Agreement with respect to any proposed expansions, enlargements or modifications of the Joint System or any portion thereof. 4. To adopt rules and regulations for the place, time and conduct of its meetings, to elect one of its members chairman and appoint a secretary and to cause minutes to be kept of each of its meetings including all actions taken by it. 5, To render such reports and recommendations and perform such other duties relative to the maintenance and operation of the Joint System as may be directed by the governing bodies of Carlsbad and Vista from time to time. The recommendations of the Joint Advisory Committee shall be advisory only. The Administrator shall provide supplies and clerical and sec- retarial help for the Joint Committee and the cost thereof shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid as hereinafter specified. Section 17.3- PAYMENT OP MAINTENANCE AND OPERATION EXPENSES. (a) Vista shall bear the cost of the maintenance and operation of Units "A", "B" and "C". (b) All administration, maintenance and operation expense (including overhead) of the Joint System, (except Units "A", "B" and "C"), hereinafter sometimes referred to as M & 0 expenses, shall be paid by each party in an amount equal to that portion of the 5-29-61 -15- total M & 0 expenses which the actual amount of sewage received that fiscal year from such party (plus its share of inflow from leakage as provided in Section 18) bears to the total actual quantity of sewage handled and treated that fiscal year by the Joint System. This amount shall be determined in accordance with recognized accounting principles. (c) Not later than May 1st in any year the Administrator shall estimate the amount of money required to maintain and operate the Joint System during the ensuing fiscal year, and the propor- tionate amount to be paid by each party to this Basic Agreement. Such estimate shall be based on the cost, maintenance and operation during the current fiscal year as such proportion of the sewage developed and originating within the jurisdiction of each of the parties bears to the total amount of sewage developed and originating in the jurisdictions of all parties; provided, however, at the commencement of operation of the Joint System the Administrator shall estimate such costs for the balance of the current fiscal year based upon estimates of the sewage to develop and originate within the jurisdiction of each of the parties and be handled and treated by the Joint System. It shall be the duty of each party to include the sum for maintenance and operating expense in its budget or other program of expenditures but in any event to make payments promptly at the time the same become due. (d) Quarterly on July 1st, October 1st and January 1st and April 1st the parties to this agreement shall deposit with the Administrator one fourth of the cost of maintenance and operation as estimated pursuant to paragraph (c) of this section; provided, however, 6-1-61 -16- the last payment for each fiscal year shall be increased or de- creased to adjust the estimated amount payable by the party to the actual amount for such party based upon the total maintenance and operation expenses for the fiscal year and the quantity of sewage received from such party. In the event at the end of any fiscal year the amount paid by a party exceeds the amount which should have been charged, based upon the actual expenses of maintenance and operation for the full fiscal year and the total amount of sewage treated and the quantity of sewage received from such party, the excess shall be credited to the party for the following fiscal year. In case of an underpayment the party shall be billed by the Administrator for the deficiency and shall pay the same within 15 days. For the first fiscal year or part thereof that said Joint System operates, the proportion of the estimated expenses for main- tenance and operation to be paid by the parties to the Administrator and the time of payment shall be that hereafter agreed upon by the parties. 6-1-61 -17- x,,,- •••' Section 18. INFILTRATION - PAYMENT FOR. It Is understood and agreed that there will be Inflow into the Joint System because of leakage between the point or points at which the sewage from the parties to this agreement Is delivered to the system and the sewage treatment plant. The Administrator shall estimate this total infiltration and the cost of treating the total estimated infiltration shall be a part of the total M & 0 expense and shall be allocated and paid for in the same proportions as other M & 0 expense. Section 19. MEASUREMENT OF SEWAGE FLOW. The Administrator shall cause the Operator to take periodic measurements sufficient to ascertain the amount of sewage developed and originating within the limits of each party to this Basic Agreement and discharged into the Joint System and the total amount of sewage developed and originating within the limits of all parties and dis- charged into the Joint System. Section 20. REPAIRS. Repairs to the Joint System or any part thereof shall be considered a part of the expense of maintaining and operating the Joint System. Section 21. RECONSTRUCTION DEFINED. Reconstruction of the Joint System is defined and shall be construed to mean rebuilding of the whole or any part of the Joint System, necessity for which is occasioned from or by any cause not the result of the use thereof. Section 22. PAYMENT OF RECONSTRUCTION COST. The parties hereto shall pay all costs of reconstruction of 5-9-61 -18- c :: the Joint System or portion thereof in the same proportion as the parties own capacity in the Joint System or portion thereof to be reconstructed as said ownership is shown in Exhibit "C" hereto attached. Section 23. ENLARGEMENT OF JOINT SYSTEM. Carlsbad or Vista, or any other party to this Basic Agreement having first obtained the consent of Carlsbad and Vista, may at its sole cost and expense enlarge any unit of or portion of the Joint System in which it is the owner of capacity rights and any increased capacity in such unit or portion resulting from such enlargement shall belong to such party paying the cost and expense thereof. No party to this agreement shall urre asonably withhold consent to such enlargement. Any such enlargement shall be constructed in accord- ance with plans and specifications approved by Carlsbad and Vista. Section 24. PROTECTION OP THE JOINT SYSTEM. The Joint System shall not be used by any party to this Basic Agreement for any purpose other than the conveyance, treatment or disposal cf sewage which shall be construed to mean house drainage and trade wastes. Section 25. INFILTRATION--COOLING WATER. No party to this Basic Agreement shall allow excessive infil- tration of any surface or storm waters to be discharged into the Joint System or into any other sewer facilities emptying into the Joint System or into any other sewer facilities under its control that are connected to the Joint System. No party to this Basic Agreement shall allow cooling water or other unpolluted industrial waste to be discharged into such sewer system or facilities with- 7-10-61 -19- c - out the consent of the parties to this Basic Agreement. Section 26. CONNECTIONS TO JOINT SYSTEM. Connections to any outfall sewer or interceptor sewer, or any other part or unit of the Joint System shall be made only at manholes. Only collection or trunk sewer lines may be connected to the the Joint System or any part thereof and no party to this Basic Agreement shall approve or permit the direct connection of any premises to the Joint System or any part thereof. Section 27. RULES AND REGULATIONS CONCERNING USE OF SEWERS. Each party to this Basic Agreement shall adopt and enforce ordinances, resolutions, rules and regulations, concerning the type and condition of sewage and waste permitted to be discharged into the sewers under their control and shall prohibit persons and users of every kind and nature (including public agencies of all types) from discharging into such sewers any sewage or waste which wou],d be detrimental to the Joint System or any part thereof. Each party to this Basic Agreement shall also comply with the applicable statutes, ordinances, rules and regulations of agencies of the United States of America, State of California, County of San Diego and any city having jurisdiction over the collection, transmission, treatment and disposal of sewage and wastes. Section 28. BY-PRODUCTS--REVENUE FROM BY-PRODUCTS. Any party to this Basic Agreement, at its own expense, may and shall have the right to remove digested sludge from the treat- ment plant for use as fertilizer material. Should the quantity of digested sludge available for such use under the provisions of this section be inadequate to supply all requests of the parties, 5-9-61 -20- each party shall be entitled to that portion of the available quantity of digested sludge determined by the proportion of capacity of the treatment plant (Unit I) owned by such party as it bears to the total designed capacity of the treatment plant. All revenue, if any, received from the sale of fertilizer or other by-products arising out of the operation of the Joint System shall be the property of the parties to this Basic Agreement and shall be apportioned to each party in the same proportion as their payment for M & 0 expense of the Joint System in the year in which the revenue is received. Section 29. APPORTIONMENT OP DISPOSAL REVENUE. Unless otherwise specified in an agreement executed pursuant to Section 36 of this Basic Agreement, all revenues received for the use of the Joint System or any portion thereof for the transportation, treatment or disposal of sewage or trade waste originating outside of the territorial limits of the parties to this agreement shall be apportioned among the parties to this agreement in the proportion that each district's ownership in the units of the Joint System through which such sewage or trade waste flows bears to the total ownership of the units of the Joint System through which such sewage or trade waste flows. Section 30. ACCOUNTING. Each party to this Basic Agreement shall be strictly accountable for all funds received and shall maintain adequate records of all receipts and disbursements pursuant to this agreement. In addition thereto, each party shall maintain such additional records relating to the acquisition, construction, ownership* maintenance, operation and use of the Joint System as is appropriate. Each of the parties 6-7-61 -21- to this Basic Agreement is to have the right at any reasonable time to inspect and examine the books and other records of each of the parties to this Basic Agreement insofar as they relate to the Joint System. The Administrator shall cause to be kept and the Operator shall keep records of the measurements of the sewage flow required by this Basic Agreement. Section 31. INSURANCE. The Administrator shall at all times maintain with responsible insurer or insurers sufficient insurance against loss or damage to the Joint System or portion thereof as is customarily maintained with respect to loss and property of like character. Each party hereto shall be named as a coinsured. The Operator shall main- tain with a responsible insurer or insurers workmen's compensation insurance and insurance against public liability and property damage The premiums on all such insurance shall be a part of maintenance and operating expenses. Section 32. RECLAMATION OF WATER. Any party to this Basic Agreement, at its own expense, may, and shall have the right to, reclaim water from any sewage in the Joint System and to install at any place approved by the parties to said Basic Agreement facilities for the reclamation of water from sewage. Any such reclamation shall not reduce the M & 0 expenses payable by any party and such M & 0 expenses shall be charged and paid as though there had been no such reclamation. In the event the requests to reclaim water exceed the available supply, each party shall be entitled to reclaim water from that portion of the total sewage entering the Joint System that is 6-8-61 -22- equal to the proportion of capacity of the treatment plant (Unit I) owned by such party as shown in Exhibit "C" hereto attached. Section 33. ADJUSTMENT OP CAPACITY BETWEEN PARTIES. If, because of annexation, consolidation or other cause, responsibility for the disposal of the sewage from a particular area is transferred from one party to this Basic Agreement to another party, the capacity service shall be transferred accord- ingly on the effective date of the transfer of such responsibility and the charges against the parties changed to correspond therewith. Any party effecting such transfer shall notify the other parties to this agreement that such responsibility has been transferred. No such transfer shall affect the rights of the parties in or to the capacity of the Joint System until such parties shall have executed appropriate amendments to this Basic Agreement subject to the approval of the other parties to the Basic Agreement. Section 34. NOTICE. Notices required or permitted under this Basic Agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of a party to this Basic Agreement. Section 35- SETTLEMENT OF DISPUTE OR CONTROVERSY. (a) Should any dispute or controversy arise in connec- tion with the books, records or accounts of any party to this Basic Agreement or in connection with the acquisition, construction, main- tenance, operation, repair, reconstruction or enlargement of the Joint System or in connection with any of the affairs or operation thereof, or the execution of the term of this agreement, the governing bodies 5-9-61 -23- "~"™<r of the parties to this Basic Agreement that are affected by such dispute may elect to arbitrate the dispute or controversy in accord- ance with this section. In the event of such election the governing body of each party affected shall appoint or designate one disinter- ested person as an arbitrator and said arbitrators so chosen, if an even number, shall designate an additional disinterested person to make an odd number of arbitrators and said arbitrators so chosen shall act as a Board of Arbitrators in connection with any such dispute or controversy and the findings of fact approved by a vote of the majority of the members of said Board of Arbitrators shall be binding and conclusive upon all the parties to this Basic Agreement. (b) The parties to any arbitration proceedings held under the provisions of this Basic Agreement shall notify every other party to this Basic Agreement not a party thereto of such arbitration pro- ceedings and any such other party shall have the right to be repre- sented at such proceedings by an observer designated by such other party. (c) Any controversy which can be determined by an engineer's or other experts findings and which under this section could be sub^- mltted to arbitration may, if the parties thereto agree in writing to do so, be submitted to a named engineer or expert who shall be the sole arbitrator. Any such engineer shall be a member of the American Society of Civil Engineers. Such engineer or expert shall be disinterested as hereinbefore in this section required of arbitrators on an arbitration board. He shall proceed in the same manner and shall make findings, conclusions and an award In the manner provided herein for an arbitration board. 5-9-61 -r24- Section 36. DISPOSAL OP SEWAGE ORIGINATING OUTSIDE BOUNDARIES OF PARTY TO AGREEMENT. Each of the parties to this Basic Agreement agrees that it will not permit nor knowingly countenance the use of the Joint System, directly or indirectly, for the disposal of sewage or trade waste originating outside its territorial limits except in the manner, to the extent and on the conditions agreed upon and consented to by each of the parties. All sewage and treated wastes received from outside such terri- torial limits pursuant to such agreement shall be regarded as the sewage of the party to this Basic Agreement that receives the same insofar as the use of any of the units of the said Joint System is in any way affected thereby. Section 37- JURISDICTION OF CARLSBAD AND VISTA—PROVISION FOR ADDITIONAL PARTIES TO THIS AGREEMENT. Each of the parties to this Basic Agreement agrees that insofar as service by and use of the Joint System is concerned Carlsbad shall have sole control and jurisdiction of sewer service to properties within the Carlsbad Service Area, properties within the Ponto-Batiqultos Service Area (said Ponto-Batiquitos Service Area being described in Exhibit "D" attached to and made a part of this Basic Agreement) and properties within the incorporated limits of the City of Oceanside lying within the Agua Hedionda Drainage Basin and Vista shall have sole control and juris- diction of sewer service to properties within the Vista Service Area. It is the intent of this agreement that Carlsbad shall have complete jurisdiction and control over any use of the Joint System by properties within the Carlsbad Service Area, properties within the Ponto- Batiquitos Service Area and properties within the incorporated limits of the City of Oceanside lying within the Agua Hedionda Drainage Basin and may impose such requirements as it deems appropriate, including annexation of unincorporated territory to Carlsbad, 6-5-61 -25- ***%-^ as conditions precedent to permitting service by the Joint System within such Carlsbad Service Area, or Ponto-Batiquitos Service Area, or incorporated limits of the City of Oceanside lying within the Agua Hedionda Drainage Basin, and that likewise Vista shall have complete jurisdiction and control over the use of the Joint System by properties within the Vista Service Area and may impose such requirements as it deems appropriate, Including annexation to Vista, as conditions pre- cedent to permitting service by the Joint System within such Vista Service Area; but that with respect to the territory within the three drainage basins shown on Exhibit "A" and lying outside of the Carlsbad Service Area* incorporated limits of the City of Oceanside lying within the Agua Hedionda Drainage Basin and Vista Service Area, the Joint System will be made avail- able to any sanitation district, municipal corporation or other public agency established to serve such territory or portion thereof, provided such district, municipal corporation or public agency offers to purchase at a reasonable price any available excess capacity included in the Joint System to serve the territory within such district, municipal corporation or public agency and further agrees to construct at its sole expense such additional capacity in the Joint System as may be required to serve its territory. It is also the intent of the parties to this agreement that it is desirable that the treatment plant and ocean outfall (Units I and J) ultimately be expanded and enlarged to serve territory lying northerly and southerly of the drainage basins (Buena Vista Drainage Basin, He- dionda Drainage Basin and Encinas Drainage Basin) shown on Exhibit "A", i.e., enlarged to serve the northern portions of the County of San Diego commonly referred to as Oceanside, Leucadia, Enclnitas, Cardiff and other territory adjacent thereto, and that, except for the Ponto-Batiquitos Service Area which shall be under the sole control and jurisdiction 6-5-61 -26- of Carlsbad, service be furnished to such territory provided appro- priate sanitation districts, municipal corporations or public agencies are established therein and seek to become parties to this agreement and agree to enlarge the Joint System at their sole cost to provide a capacity sufficient to serve their respective territories. The parties hereto agree that where a sanitation district, muni- cipal corporation or other public agency (whether heretofore or here-" after formed) is established to serve territory lying outside the Carls- bad Service Area, Ponto-Batiquitos Service Area, the Incorporated limits of the City of Oceanside lying within the Agua Hedionda Drainage Basin, and the Vista Service Area, whether or not such territory be shown on Exhibit "A", and such sanitation district, municipal corporation or public agency seeks to become a party to this Basic Agreement and offers to purchase at a reasonable price available excess capacity and to en- large the Joint System at its sole cost to provide service to the terri- tory it serves, the parties to this agreement shall not unreasonably withhold consent to such sanitation district, municipal corporation or other public agency becoming a party to this Basic Agreement or unreasonably refuse to sell available excess capacity. Whenever any other sanitation district within the County of San Diego or any municipal corporation or other public agency organized under the laws of the State of California shall desire to become a party to this Basic Agreement and its governing body shall by resolution find and declare that It will be to the interest and advantage of such dis- trict, municipal corporation or other public agency so to do, and shall authorize the execution and signing of this Basic Agreement, such dis- trict, municipal corporation or public agency may with the mutual consent of all of the parties to this Basic Agreement whose capacity rights in the Joint System will be affected thereby, as evidenced by the 6-5-61 -27- .<*"% W N-/ resolutions adopted by their respective governing boards, be permitted to do so by executing and signing this Basic Agreement and by paying its share of the costs of the Joint System theretofore incurred in a proportion indicated in a new schedule designated Exhibit "C" (which shall be substituted in place of the schedule attached hereto as Exhibit "C") showing the percentage and total capacity of each unit of the Joint System which each party to this agreement shall thereafter have the perpetual ownership and right to use, and thereupon such district, municipal corporation or public agency shall become a party to this agreement, shall be entitled to the benefits and subject to the obligations of this Basic Agreement to the extent and in the manner provided for by such new schedule marked Exhibit "C" and said resolutions permitting such additional party to participate herein. Section 38. NONWAIVER. Nothing in this agreement shall be construed as a waiver on the part of any party to seek any grant, loan, gift or contribution from the Federal Government, State of California or other governmental agency, person or corporation. Section 39- TIME OF THE ESSENCE. Time is of the essence in this Basic Agreement. Section 40. MODIFICATION OF AGREEMENT. No term, provision or condition of this Basic Agreement shall be altered, amended or departed from or be held or construed to have been waived except by the unanimous agreement and consent of all parties to this Basic Agreement as evidenced by resolutions adopted by their respective governing bodies specifically author- 5-9-61 -28- t 4 izing the amendatory agreement. Section 41. DISBURSEMENT OF SURPLUS ON TERMINATION OF AGREEMENT. Upon termination of this agreement surplus monies held by the Administrator shall be returned to the parties as nearly as possible in proportion to the contributions made. Section 42. SEVERABILITY. If any section, subsection, sentence, clause, phrase or word of this agreement, or the application thereof, to any party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity of the remainder of the agreement or the application of such provision to the other parties, or to any other persons or circumstance shall not be affected thereby. Each party hereby declares that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and word thereof irrespective of the fact that one or more section, subsection, sentence, clause, phrase or word, or the application thereof to any party or any other person or circumstance be held invalid. IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by their respective governing bodies caused this Basic Agreement to be executed the date first above written. VISTA SANITATION^J)ISTRIGT IL,•fr• rv , 'CITY OF'CARLSBAD ». ATTEST: F. H. PRICE, City Clerk (SEAL) : ) A3 TO FOHM: . . I ::TZ • Deputy ;? ' EXHIBIT B VISTA SANITATION DISTRICT CITY OF CARLSBAD JOINT SEWERAGE PROJECT GENERAL DESCRIPTION OF EACH UNIT OF PROJECT UNIT A - An outfall sewer along Buena Vista Creek between the existing Vista Sanitation District treatment plant and City limits of Carlsbad. UNIT B - An outfall sewer along Buena Vista Creek between the Easterly City limits of Carlsbad and pumping station No. 1 located near the Buena Vista Lagoon. UNIT C - A sewage pumping station, to be known as pump station No. 1, located near the Southeasterly edge of the Buena Vista Lagoon. UNIT D - A sewage force main, to be known as force main No. 1, located along the Southerly side of Buena Vista Lagoon and Jefferson Street between pumping station No. I and a proposed outfall sewer starting at a point in Jefferson Street just Westerly of Highway 101. UNIT E - An outfall sewer located between the discharge point of force main No. I and the point of entry of the flow to be pumped from the existing Carlsbad treatment plant, said point to be in the general vicinity of Oak Avenue and Washington Street. UNIT F - An Interceptor sewer between the point of entry of the flow from the existing Carlsbad treatment plant and proposed pumping station No. 2 located near the North side of Agua Hedionda Lagoon. UNIT G - A sewage pumping station, to be known as pumping station No. 2, located near the North side of the Agua Hedionda Lagoon and the Santa Fe Railroad tracks, and a sewage force main to be known as force main No. 2, to cross the Agua Hedionda Lagoon from the pump station No. 2 to a high point on the Southerly side of the Lagoon; or an alternative combination of a siphon, pumping station, and force main to accomplish the identical purpose if determined to be more desirable during the final design of the system. UNIT H - An interceptor sewer between discharge point of force main No. 2 on the South side of Agua Hedionda Lagoon and the proposed treatment plant to be located at the Canyon de los Encinas. UNIT I - A sewage treatment plant located at Canyon de los Encinas UNIT J - An ocean outfall from the treatment plant to a point in the Pacific Ocean. FIRST SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SAtKTATION DJ STRICT ANO THE C STY Of CARLSBAD FOR ACQUISITION AND WHEREAS, on July 13, 136S , the VISTA SANITATION SiSTOICT, a County Sani- tation District, hereinafter referred to as Vista and the CITY OF CARLSBAD, a Municipal Corporation, hereinafter referred to as Carlsbad entered into an Agreement pursuant to Chapter 5 of Division 7 of Title I of the Govefr»n»nt Code for the joint exercise of powers In the acquisition, construction and operation of facilities for the transmission, treatment and disposal of sewage which faculties shall cotsprise a single system of sanitation works, hereinafter referred to as the JOINT SYSTEM; and, WHEREAS,, the Basic Agreement provides that the cost of the Joint System shall be born© and paid by Uista and Carlsbad, in the following proportions: Vista shall pay fifty-five and seven-tenths percent (55 -7%) and Carlsbad shall pay forty-four and three-tenths percent (M«,3%) ; and, WHEREAS,, it Is desired to submit an application for a federal grant under the Federal Water Pollution Control Act (Public Law 6SO, 84t,h Congress) to assist in financing the construction of the Joint System which application will require the preparation artd submittal of the following docusients: K Federal Application Form PHS-265^ (Rev. !0™6!) with enclosures;; 2. Attachoient No. 1 to application; 3, federal Application Form PHS"265^"2; and, WHEREAS, under the regulations prescribed by the Department of Health, Education and Welfare and the California AdsaSru strati ve Code the proposed project, constitutes a jaultf -municipal project designated & Joint Project which requires that one of the agencies be designated to apply for a grant for the Joint Project; NOW THEREFORE;, the parties hereto covenant and agree as follows: 1. Vista Is authorized to apply for and accept a federal grant In behalf of Carlsbad based on Carlsbacl^s share of the cost of the Joint Project as defined In the Basic Agrssaisnt; 2. As provided Irs the Basic Agreement,, Carlsbad and Vista will own the Joint Sewer System as tenants in common and each will be provided with sewage treatment, services for the life of the pro]set; 3. The total of all monies received under the grsnt will be credited to Carlsbad and Vista in the sasse proportion as defined in the Bosslc Agreefisent for sharing the cost of the Joint Sewage System, narfssly. kk.$% to Carlsbad and 55.7% £o Vista, IN W!THH£SS V/HEREOF, each party hereto has pursuant to rssolutloo duly passed and adopted by their respective governing bodies caused this first Suppiefttenta! A§re&sBs;it to be e?;eeuted this 7^_f day of rVv-Ax-CAx^. __ __3 19^3- APPROVE!) AS TO FORM 8v. CITY OF CARLSBAD Sv SECOND SUPPLEMENT TO BASIC AGREEMENT^ BETWEEN VISTA SANITATION DISTRICT AND THE CZPY OF CARLSBAD FOR ACQUISITION AND CONSTRUCTION OF THE JOINT SEWER SYSTEM This SECOND SUPPLEMENT TO BASIC AGREEMENT, (hereinafter some- times referred to as the Second Supplement), made and entered into this day of ^^^^u^xL^v ^, 196jf, by and between the VISTA7 / ~" 7 NSANITATION DISTRICT^, (sometimejs hereinafter referred to as Vista), the CITY OF CARLSBAD, a municipal corporation, (sometimes herein- after referred to as Carlsbad) and the BUSNA SANITATION DISTRICT, a County sanitation district, (sometimes hereinafter referred to as Buena), RECITALS A. Vista and Carlsbad entered into an agreement dated July 13* 1961, entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construc- tion of a Joint Sewer System", (sometimes hereinafter referred to as the Basic Agreement). B. Vista and Carlsbad entered into the First Supplement to the Basic Agreement, said supplement being dated March 25, 1963* for the purpose of authorizing Vista^to apply for federal grants of funds pursuant to the Federal Water Pollution Control Act (Public Law 660, 84th Congress) and agreeing that the total of the monies received by Vista and Carlsbad by said grants would be credited to Carlsbad.and Vista in the same proportion as defined in the Basic Agreement for sharing the costs of the Joint System, namely 44.3 per cent to Carlsbad and 55.7 per cent to Vista. C. Section 37*of the Basic Agreement contemplates that additional sanitation districts may become parties to said Basic Agreement with the consent of the other parties thereto. D. The governing body of Buena has adopted a resolution pursuant to said Section 37 requesting that it be permitted to become a party to said Basic Agreement. E. Buena proposes to construct a sewage collection system and a transmission system to the treatment plant (Unit I) to be constructed pursuant to said Basic Agreement and desires to acquire capacity rights In said treatment plant and the ocean outfall (Units I and j) to be constructed pursuant to said Basic Agreement. F. Plans for the construction of said sewage treatment plant and ocean outfall (Units I and J) are now being prepared and can be modified to increase the capacity of the treatment plant and to extend the length of the ocean outfall so as to increase Its effective capacity. G. Buena desires to acquire capacity rights to discharge 0.5 million gallons per day of sewage into said treatment plant and is willing to bear its proportionate share of the cost of said treatment plant (Unit I) and ocean outfall (Unit J). H. The approximate location and route of the transmission system proposed to be constructed by Buena is shown on Exhibit E attached hereto and made a part hereof, (said transmission system being hereafter in this Second Supplement referred to as the "Buena Sewer"). I. It appears that since the execution of the Basic Agreement Carlsbad and Vista have revised somewhat the capacities of various units of the Joint System to be constructed pursuant to the Basic -2- Agreement and that as a consequence revision of Exhibit C, attached to said Basic Agreement, is desirable. J. The governing bodies of Vista and Carlsbad have determined that it is in the best interests of Vista and Carlsbad, respectively, that Buena be permitted to become a party to the Basic Agreement and to construct a sewage collection system and the Buena Sewer to the treatment plant (Unit I) as shown on said Exhibit E; that the capacity of the treatment plant and ocean outfall be increased and that Buena participate in the cost of the treatment plant and ocean outfall as hereinafter set forth. i ( K. Section 14 of the Basic Agreement provides that the treat- ment plant (Unit I) shall be designed and have a minimum capacity to receive, treat and dispose of approximately 3.5 m.g.d. (million gallons average daily flow of sewage). Subsequent to the execution of the Basic Agreement, Vista and .Carlsbad determined that it was in their best interests to design the treatment plant (Unit I) to have a minimum capacity to receive, treat and dispose of approximately 4 m.g.d., of which capacity Carlsbad would own 1.83 m.g.d. and Vista would own 2.17 m.g.d. Now that Buena desires to acquire capacity rights in the treatment plant (Unit I) for the receipt, treatment and disposal of 0.5 m.g.d. the capacity of said treatment plantt should be increased to 4.5 m.g.d, L. It has been determined that 0.5 m.g.d. of capacity in the treatment plant is equal to 11.1 per cent of the capacity of the treatment plant (0.5 m.g.d. is 11.1 per cent of 4.5 m.g.d.); that Buena should bear 11.1 per cent of the cost of said treatment plant; that under the terms of the Basic Agreement, prior to its modification by this Second Supplement, Carlsbad would have owned 1.83 m.g.d. (45.7 per cent) of the capacity of a 4.0 m.g,d. -3- treatment plant and would have paid 44.3 per cent of its cost and Vista would have owned 2.17 m.g.d. (54.3 per cent) of said 4.0 m.g.d. treatment plant and would have paid 55.7 per cent of its cost; that Carlsbad's capacity in the 4.5 m.g.d, treatment plant (Unit I) will be 1.83 m.g.d. or 40.7 per cent of its capacity, and Vista's capacity will be 2.17 m.g.d. or 48.2 per cent of its capacity; that as a result of reduction in Carlsbad's percentage of the total capacity by 5.0 per cent (45.7 per cent minus 40.7 per cent) the share of the cost of the 4.5 m.g.d. treatment plant (Unit I) to be borne by Carlsbad likewise should be reduced 5.0 per cent thereby requiring Carlsbad to bear 39.3 per cent (44.3 per cent minus 5.0 per cent) of the cost of the 4.5 m.g.d. treat- ment plant (Unit 1); that as a result of reduction in Vista's percentage of capacity by 6.1 per cent (54.3 per cent minus 48.2 per cent) the share of the cost of 4.5 m.g.d. treatment plant (Unit I) to be borne by Vista likewise should be reduced 6.1 per cent thereby requiring Vista to bear 49.6 per cent (55.7 per cent minus 6.1 per cent) of the cost of the 4.5 m.g.d. treatment plant (Unit I). M. In view of the proposal to increase the capacity of the treatment plant (Unit I) to 4.5 m.g.d. Vista and Carlsbad have determined that the ocean outfall (Unit J) to be constructed pursuant to the Basic Agreement, should be designed to have a sufficient diameter to accommodate an ultimate flow of 24.0 m.g.d. although such ocean outfall to be constructed pursuant to the Basic Agreement is to be designed with a length sufficient to diffuse and dispose of a flow of 4.5 m.g.d., it being contemplated that at some future date the ocean outfall (Unit J) could be -4- extended so as to have a capacity to diffuse and dispose of 24.0 m.g.d.j that of said ultimate capacity of 24.0 m.g.d., 13.0 per cent will be owned by Buena and Buena should bear 13.0 per cent of the cost of constructing the ocean outfall; that Vista and Carlsbad have agreed that the proportionate cost of the out- fall to be borne by each (as set forth in the Basic Agreement prior to its modification by this Second Supplement) should be reduced by 6.5 per cent, i.e., by one-half of the 13 per cent to be borne by Buena, thereby making Carlsbad's share of the cost of the ocean outfall 37.8 per cent (44.3 per cent minus 6.5 per cent) and Vista's proportionate share of the cost of the ocean outfall 49.2 per cent (55.7 per cent minus 6.5 per cent) and that the capacity rights of Vista and Carlsbad in the ocean outfall each should likewise be reduced 6.5 per cent so that Vista will own 36.1 per cent of the ultimate capacity of 24.0 m.g.d. in the ocean outfall and Carlsbad will own 50.9 per cent of the ultimate capacity of 24.0 m.g.d. NOW THEREFORE In consideration of the promises and mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows: Section 1. BUENA ADDED TO BASIC AGREEMENT. Buena shall become and is hereby made a party to the Basic Agreement and is hereafter subject to all terms, conditions and provisions of the Basic Agreement as modified and supplemented by this Second Supplement. Section 2. SUBSTITUTION OP NEW EXHIBIT C. There is hereby substituted in place of Exhibit C, attached to the Basic Agreement -5- a new exhibit C dated December 1963, a copy of which is hereto attached and made a part of thit Second Supplement, Section 3. Section 14 of the Basic Agreement is hereby amended to read as follows: "Section 14. CAPACITY AND USE OF CAPACITY. The various units of the Joint System shall be designed and have a capacity to convey to the treatment plant the volume of sewage specified in Exhibit C. The treatment plant shall be designed and have a minimum capacity to re- ceive and treat and dispose of approximately four and one- half (4.5) million gallons average daily flow of sewage. Each of the parties to this agreement shall own and enjoy the perpetual right to use the portion of the capacity of said units of the Joint System as set forth in Exhibit C and no party hereto shall use the Joint System or any part thereof to a greater percentage of its capacity than is specified by said Exhibit C except with the approval and agreement of the other parties hereto in accordance with the terms and conditions hereinafter provided," Section 4. SHARING OF COST. Section 9 of the Basic Agreement is hereby amended to read as follows: "Section 9. SHARING OF COSTS OF ACQUISITION AND CON- STRUCTION OF THE JOINT SYSTEM. The cost of preparation of the engineer*s .report and the cost of acquiring and constructing Units A, B, C, D, E, F, G, and H of the Joint System, including the cost of land, easements and rights of way, engineering, construction and all incidental expenses, shall be borne and paid by Vista -6- and Carlsbad in the following proportions: Vista shall pay fifty five and seven tenths percent (55.7$) and Carlsbad shall pay forty four and three tenths percent (44.3$)« The cost of acquiring and constructing Unit I of the Joint System, including the cost of land, easements and rights of way, engineering, construction and all incidental expenses, shall be borne and paid by Vista, Carlsbad and Buena in the following proportionsi Vista shall pay forty nine and six tenths percent (49.6$), Carlsbad shall pay thirty nine and three tenths percent (39.3$) and Buena shall pay eleven and • one tenth percent (ll.l$). The cost of acquiring and con- structing Unit J of the Joint System, including the cost of land, easements and rights of way, engineering, construction and all incidental expenses, including the cost of oeeano- graphic studies, shall be.borne and paid by Vista, Carlsbad and Buena in the following proportions: Vista shall pay forty nine and two tenths percent (49.2$), Carlsbad shall pay thirty seven and eight tenths percent (37.8$) and Buena shall pay thirteen percent (13$)," Section 5, Section 12 of the Basic Agreement is hereby amended to read as follows: Section 12, CONSTRUCTION OP JOINT SYSTEM. Upon completion of the plans, specifications, contract documents and related materials and their approval by Carlsbad and Buena, and the acquisition of the necessary lands and rights of way or possession thereof pursuant to eminent domain proceedings, and at such time as Carlsbad, Buena and Vista are prepared to finance their proportionate -7- shares of the cost of construction of the Joint System, Vista shall advertise for bids for the construction of the Joint System or such portion thereof as may be hereafter agreed to by the parties to this agreement. The contract for the construction of the Joint System or a portion thereof shall provide that Carlsbad shall pay to the contractor that part of the contract price or installment thereof which is equal to the proportion of the cost that Carlsbad is required to pay pursuant to this Basic Agreement and shall provide that Vista shall pay to the contractor that part of the contract price or installment thereof that is equal to the proportion of the cost required to be paid by both Vista and Buena pursuant to this Basic Agreement. The portion of the cost to be borne by Buena shall be paid by Buena directly to Vista. Vista shall cause the work to be inspected and shall administer the execution of the contract. Section 6. BUENA SEWER. (a) Notwithstanding the provisions of Section 4 of the Basic Agreement Buena may construct, reconstruct, maintain, repair and operate a transmission system (herein referred to as the Buena Sewer) from the Buena Sanitation District to the treatment plant' (Unit I) approximately along the route shown on Exhibit E hereto attached. Said Buena Sewer shall be designed so that the portion designated "Encinas Outfall Sewer" on said Exhibit E shall have a capacity to serve a population of 39*000 persons in the Buena Service Area, said Buena Service Area being delineated on said -8- Exhibit E, and in addition t'nereto a population of approximately 5000 persons in the area designated "Area 'A'" on said Exhibit E and a population of approximately 9000 persons in the Encinas Drainage Basin designated "Area !B»" on said Exhibit E. It is understood that the aforementioned areas designated "Area 'A1'1 and "Area rB'n are located within the Carlsbad Service Area and that Carlsbad has complete jurisdiction and control over any use of the Joint System by properties within said Carlsbad Service Area as provid€id in Section 37 of the Basic Agreement. The capacity to be Included in the Buena Sewer to serve the aforementioned populations in said "Area 'A'" and "Area 'B'" shall be made available to Carlsbad to provide sewer service to said areas designated "Area 'A1'1 and "Area 'B'% provided Carlsbad first purchases from Buena, at a reasonable price arid upon reasonable terms and conditions, capacity rights in said Buena Sewer to provide sewer service to said "Areas 'A'1' and "B". Buena hereby agrees to sell to Carlsbad at a reasonable price and upon reasonable terms and conditions, the capacity in said Buena Sewer designed to serve the aforementioned populations in said "Area 'A'" and "Area 'B'". In the event of such sale, the capacity designed to serve the populations in said "Area JA'" and "Area !B'" shall be used only for that purpose. Connections to the Buena Sewer by Carlsbad shall be made only at such locations and in a manner as will be consistent with the design of said Buena Sewer and as such locations and manner are hereafter agreed upon by Buena and Carlsbad, (b) In the event the Buena Sewer or a portion thereof is constructed as to provide a capacity in excess of the ultimate -9- needs of the Buena Service Area as determined by Buena, said ultimate need being estimated to be a population of approximately 39*000 persons, Carlsbad may purchase any such excess capacity in the Buena Sewer that will serve the Carlsbad Service Area. (c) In contemplation that portions of the Buena Sewer will be designed to include sufficient capacity to serve the ultimate needs of the Buena Service Area it is agreed that Buena may lease or rent temporarily to any other public agency that becomes a party to the Basic Agreement the temporary use of such capacity in the Buena Sewer until such time as such capacity is required by Buena for its use. Section 7. PAYMENT BY BUENA. (a) At such time as Vista, Carlsbad and Buena are prepared to finance the construction of the treatment plant and/or ocean outfall (Units I and/or J) and Vista and Carlsbad are prepared to enter into a construction contract pursuant to Section 12 of the Basic Agreement for the construction of said treatment plant and/or ocean outfall, Buena shall deposit with Vista its proportionate share of the estimated cost of construction, i.e., 11.1 per cent of the cost of constructing the treatment plant (Unit I), and 13 per cent of the estimated cost of constructing the ocean outfall (Unit J), less any amount to be received by Vista pursuant to a grant to be made by the United States Department of Health, Education and Welfare under the Federal Water Pollution Control Act (Public Law 660, 84th Congress) to defray a portion of Buena1s share of the cost of such construction, which grant is to be paid in installments during construction. At such time as a contract or contracts are awarded the deposit shall be adjusted based upon the contract price. -10- (b) If it should be determined that the deposit by Buena is insufficient, upon notification by Vista* Buena shall forthwith deposit such additional amounts as may be necessary to pay its proportionate share. On completion of the construction contract or contracts any excess deposit shall be returned to Buena. (c) The deposit by Buena shall be held in trust by Vista and used only for the payment of Buena's share of the treatment plant and ocean outfall. (d) Any interest earned by Vista on the monies deposited by Buena shall be credited to Buena. (e) As Vista or Carlsbad incur expenses in the acquisition and construction of Units I and J (a proportionate share of which is to be paid by Buena^ as specified in Section 9 of the Basic Agreement as modified by this Second Supplement) other than con- tract costs referred to in subdivision !s(a)n of this Section 7* Vista or Carlsbad shall bill Buena for its proportionate share and Buena shall promptly pay the same. (f) Vista shall be strictly accountable for all funds re- ceived from Buena and shall maintain adequate records of all receipts and disbursements pursuant to the Basic Agreement. Section 8. MAINTENANCE. Buena shall pay, when due, its proportionate share of the cost of all administration, maintenance and operation (including overhead) of Units I and J of the Joint System in accordance with the provisions of Section 17.3 of the Basic Agreement. -11- Section 9. EFFECT OF FIRST SUPPLEMENT. The Basic Agreement shall continue in full force and effect as modified and supple- mented by the First Supplement and this Second Supplement, IN WITNESS WHEREOF, each party hereto has, pursuant to reso- lution duly passed and adopted by its respective governing body, caused this Second Supplement to be executed the date first above written. VISTA, SANITATION DISTRICT By CITY OF, CARLSBAD BUENA ITATION /DISTRICT CHAIR14AB, BOARD OF DIRECTORS .. -12- EXHIBIT C TABLES SHOWING ALLOCATION OF CAPACITY & OWNERSHIP RIGHTS BY I VISTA SANITATION DISTRICT CITY OF CARLSBAD BUENA SANITATION DISTRICT IN JOINT SEWERAGE PROJECT • , DECEMBER 1963 .. PAGE -1- EXHIBIT C • GENERAL INFORMATION & REFERENCE DATA 1. Sewer Design Criteria: n = 0.013 (MANNING'S FORMULA) -Sewer capacities are for peak flow conditions. 100 Gallons Per Capita per day (GPCPD) = (80 GPCPD SEWAGE FLOW + 20 GPCPD RESERVE CAPACITY OR WET WEATHER FLOW) . ' . Sewer designed to flow full at 100 GPCPD ' . 2. Pump Station (L^Force Main Design Criteria: Design Flow in MGD = Population served x 80 GPCPD x Peak flow ratio x 125& Wet. ,.., . Weather Flow 1,000,000 3. MGD equals million gallons per day 4. Peak to average flow ratio based on population estimates for Vista, Carlsbad, and Buena Services Areas, and by using Table 10-1 on page 1§1 of the North , Coastal San Diego County Sewerage Survey dated June .I960. 5. Treatment Plant designed on basis of average daily flow with provisions to expand to year 2000 estimated flow. 6. Ownership and Capacity Allocation in Treatment Plant, based on First Stage Design Year populations. 7. The proposed capacity of the ocean outfall, as it relates to the diameter of the pipe,is to be based on an ultimate average daily flow of 24 MGD. When flows of - this magnitude are reached effluent pumping is likely to be required during periods of peak flow.. The distance the outfall is extended into the ocean for the first stage or initial design shall be adequate to effectively diffuse an average daily sewage effluent flow of at least 4.50 MGD. It is planned that the. outfall would be further extended into the ocean when and as required. 8. For purposes of reconstruction each party shall pay in accordance with percentage ownership shown in the ultimate design column of Unit J. 9. No party to the Basic Agreement may use or discharge into the first design stage of the ocean outfall (Unit J.) any greater amount of sewage than it is authorized to discharge into the treatment plant (UnitjO,. -..>,*„.,.,. ..„.„. Page -2- „,,,• EXHIBIT '"C" Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population 'Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, & Buena Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Owned By Buena n Reserve Capacity Owned By Vista - - MGD '" POPULATION EQUIVALENT Reserve Capacity Owned By Carlsbad - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Bifena. - KGD POPULATION EQUIVALENT UNIT A1 OUTFALL SEWER Between Vista Sewage Treatment Plant & Carlsbad City Limits 2000 9.40 60,200 1.56 6.86 44,000 6.86 44,000 NONE NONE NONE . NONE 2.54 16,200 100 0 0 2.54 16,200 NONE NONE t NOMF NONE UNIT B ' OUTFALL SEWER Between Carlsbad City Limits & Pumping Station No. \ 2000 9.40 60,500 1.55 7.35 47,300 6.86 44,000 0.51 3,300 NONE NONE 2.05 13,200 93 7 0 1.91 12,300 0.14 900 NONF NONE Figures in parenthesis refer to paragraphs on Page 2* .Page - 3- X H I B I T ""C" , Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, & Buen.a Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area •At Design Year - MGD POPULATION EQUIVALENT ' Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required ' For Buena Service Area . At Design Year - MGD POPULATION EQUIVALENT . Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Owned By Buena ^ Reserve Capacity Owned By Vista - •• .MGD " POPULATION EQUIVALENT Reserve Capacity Owne'df By Carlsbad - MGD POPULATION EQUIVALENT • Reserve Capacity Owned By Bijena. - MGD POPULATION EQUIVALENT ^^UNIT C Pumping Station No.-l Near Buena Vista Lagoo 1970+ 4.69 28,750 1.63 4.69 28,750 4.42 27,150 0.27 1,600 NONE NONE NONE NONE 94.5 5.5 ' 0 NONE NONE NONE NONE NONE NONE UNIT D Force Main No.' 1 - Between Pumping Statior No. 1 & Unit E Outfall 1970+ 4.69 28,750 1.63 4.69 28,750 4.42 27,150 0.27 1,600 NONE NONE NONE NONE 94.5 5.5 0 NONE NONF NONE NONE i NONF NONE Figures in parenthesis refer to paragraphs on Page ,2«Page -4- EXHIBIT ""C" s*- Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, 8. Buen.a Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT £ Unit Owned Bv Vista litfl T F. ' OUTFALL SEV.'ER Between Discharge Point of Force Main No. 18. Entry of Flow from Carlsbad Sewage Treatment Plant 2000- 12.0 78,800 1.53 9.25 60,500 6.73 44,000 2.52 16,500 ' . NONE NONE 2.75 18,000 72.7 UNIT F- INTERCEPTOR SEV.'ER - Between Point of Entr of Flow From Carlsbad Sewage Treatment Plan 8, Junction with Aqua. Hedionda Sewer 2000 13.80 90,700 1.52 10.68 70,200 6.70 44,000 3.98 26,200 NONE NONE 3.12 20,5-00 62.7, % Unit Owned By Carlsbad % Unit Owned By Buena Reserve Capacity Gsned By Vista - -r MGD "' POPULATION EQUIVALENT Reserve Capacity Owned' By Carlsbad - MGD " ' POPULATION EQUIVALENT Reserve Capacity Owned -• By Bijcna. - J.'.GD 27.3 0 2.00 13,100 0.75 37.3 0 1.96 12,800 1.16 4,900 I - 7,700 NONE POPULATION EQUIVALENT . 1 NONE NONE • NONE Figures in parenthesis refer to paragraphs on Page 2.-Page -5- EXHIBIT '"C" H.X Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, & Buena Service Areas At Design Year, - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT J Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Cvmed By Buena n Reserve Capacity Owned By Vista - •• MGD POPULATION EQUIVALENT Reserve Capacity Owned By Carlsbad - MGD . POPULATION EQUIVALENT \ Reserve Capacity Owned. By Bipna.- MGD POPULATION EQUIVALENT PUMPING STATION NO. 2 Agua Hedionda Lagoon 1970+ 7.11 45,600 1.56 7.11 45,600 4.24 27,150 2.87 18,450 , i NONE NONE | NONE NONE i 59.5 40.5 j 0 « NONE ' . NONE -.'. NONE NONE NONF NONE i FORCE MAIN NO. 2 Between Pumping Sta- tion No. 2 & Unit H Interceptor Sewor 2000 - Vista 1985 - Carlpbac 13.70 90,700 1.51 13.70 90,700 6.64 44,000 5.55 36,700 NONE NONE 1.51 10,000 59.5 40.5 . 0 • 1.51 10,000 ' NONE NONE NONE NONE Figures in parenthesis refer to paragraphs on Page 2* -Page -6- EXHIBIT "»C" WOcoo ^^ Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit ' ' ; Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, & Buen.a Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Are'a At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD • POPULATION EQUIVALENT % Unit O^ned By Vista % Unit 0,yned By Carlsbad ? % Unit Owned By Buena Reserve Capacity Owneo^ Bv Vista - ' - • MGD '" POPULATION EQUIVALENT Reserve Capacity Cvme'd, By Carlsbad - MGD" POPULATION EQUIVALENT • Reserve Capacity Owned By Bx^ena. - MGD POPULATION EQUIVALENT Q ^-^ oflT H • INTERCEPTOR SEWER - Between Junction Poin of Aqua Hedionda -Sewer Encina Sewage Treatmen Plant 2000 21.00 139,100 1.51 13.75 91,100 6.64 44,000 7.11 47,100 . NONE NONE 7.25 48,000 48.3 51.7 0 3.50 23,200 3.75 24,800 NONE NONE UNIT -I . TREATMENT PLANT " at Encina Canyon 1970+ 4.50 (5) 56,250 1.54 4.50 56.250 2.17 27.150 .1.83^ 22.850 0.50 6,250 . NONE NONE 48.2 (6) 40.7 (6) 11.1 (6) NONE NONE NONE NONE NONE NONE !n parenthesis refer to paragraphs on Page 2..Page -7- •EXHIBIT ""C" UNIT J OCEAN OUTFALL from Treatment Plant'into Pacific Ocean FIRST'STAGE DESIGN ULTIMATE DESIGN Approximate Dasign Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit 1970+ 4.50 (7) 56,250 Peak To Average Flow Ratio (4) j 1.54 2000+ 24.0 300,000 1.50 Total Estimated Capacity Required For Vista, Carlsbad, & Buon,a Service Areas At Decign Year - MGD | 4.50 POPULATION EQUIVALENT jj 56,250 Estimated Capacity Required For Vista Service Area ' I At Design Yoar - l-'.GD " I 2.17 POPULATION EQUIVALENT ( 27 .,150 i . Estimated Capacity Required « For Carlsbad Service Area 1 At Design Yoar - f/.GD ' i *»83 POPULATION EQUIVALENT \ 22,850 Estimated Capacity Required | For Buena Service Area 1 At Design Year - MGD " 1 0.50 POPULATION EQUIVALENT ij 6,250 Estimated Reserve Capacity 1 At Design Year - MGD ' I NONE 11.38 142',200 3.52 44,000 4.74 59,200 3.12 39,000 12. ft? POPULATION EQUIVALENT '| NONE \ 1=>7,800 1% Unit Cvmed By Vista | (8) (9)36.1 ) % Unit Owned By Carlsbad 1 . (8) (9) 1 -50.9 1 % Unit Owned By Buena , (8) (9)i Reserve Capacity 0.-med • | By Vista - • ; f.'.GD " " 1 NONE 13.0 ) 5.24 POPULATION EQUIVALENT j NONE \ 65,500 Reserve Capacity O.-me'd '( 1 By Carlsbad - '.'GD ' ' ' ' " 1 NONE POPULATION EQUIVALENT • 1 NONE Reserve Capacity O.vned _ j By Bi^ona. - f.'GD . j NONE POPULATION EQUIVALENT •. . • i NONE 7.38 92,300 • 0 0' "inures in parenthe~-c refer to paragraphs on Page 2»Page - SUPPLEMENTAL AGREEMENT (NO. 1) TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CONSTRUCTION OF THE JOINT SEWER SYSTEM This SUPPLEMENTAL AGREEMENT (NO. 1) TO BASIC AGREEMENT, (hereinafter some* times referred to as the Agreement (No. !), made and entered into this (j? /di day ot^ftLUA^O^y . 1964, by and between the VISTA SANITATION DISTRICT, (son^tUtes hereinafHer referred to as Vista), and the CITY OF CARLSBAD, a municipal corporation, (sometimes hereinafter referred to as Carlsbad) and the BUENA SANITATION DISTRICT, a County sanitation district, (sometimes hereinafter referred to as Buena), RECITALS A. Vista and Carlsbad entered Into an agreement dated July 13, 1961, entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer System", (sometimes hereinafter referred to as the Basic Agreement). 8. Vista and Carlsbad entered into the First Supplement to the Basic Agreement, said supplement being dated March 25, 1963, for the purpose of authorizing Vista to apply for federal grants of funds pursuant to the Federal Water Pollution Control Act (Public Law 660, &*tth Congress) and agreeing that the total of the monies received by Vista and Carlsbad by said grants would be credited to Carlsbad and Vista in the same proportion as defined in the Basic Agreement for sharing the costs of the Joint System, namely *&.3 per cent to Carlsbad and 55.7 per cent to Vista. C. Vista, Carlsbad and Suena entered into a Second Supplement to the Basic Agreement, said Second Supplement being dated January £. . 1964, for the purpose of staking Buena a party in Exhibit C, attached to the Basic Agreement. 0. Carlsbad, Vista and Buena now desire to make application for a federal grant pursuant to the aforementioned Act for the construction of a project consisting of Units E, F, G, H, I and J of the Joint System and to designate one of the parties to make the application and give the assurances required by the federal government, NOW THEREFORE, In consideration of the promises and mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows: Section 1. Vista is hereby designated as the central agency and is authorized to make application to the federal government for grants to Carlsbad and Buena pursuant to the aforementioned Federal Water Pollution Control Act based upon each of the party's share of the cost of the respective units of the project. Section 2. Vista agrees that Carlsbad and Buena shall be provided with sewage transportation, treatment end disposal for the estimated life of the project as more fully set forth in the Basic Agreement dated July !3> 1961, as supplemented and modified by the Second Supplement to Basic Agreement dated January J^_, to which reference is made for specific details. Section 3. The ownership of the project and the respective units thereof shall be as set forth in Exhibit C attached to the Second Supplement to Basic Agreement, to which reference is made for specific details. Section k. The project and the various units thereof shall be maintained and operated in accordance with the Basic Agreement. -2- c its proportionate share of the project described in the Basic Agreement as supple- mented and modified by the Second Supplement to Basic Agreement. Section 6. (a) AH monies received under the grant attributable to Units E, F, G and H of the project shall be credited to Vista and Carlsbad in the following proportions: Vista - 55-7 per cent; Carlsbad - ¥*.3 per cent. (b) AH monies received under the grant attributable to Units I and J of the project by reason of the participation of Buena in the cost thereof shall be credited to Buena. (c) AH monies received under the grant attributable to Units I and J of the project by reason of the participation of Carlsbad and Vista in the cost thereof shall be credited to Carlsbad and Vista in the following proportions: Vista - 55-7 per cant; Carlsbad - kk.3 par cent. Section 7. The Basic Agreement shall continue in full force and effect as <nodifed and supplemented by the First Supplement, the Second Supplement and this Supplemental Agreement (Mo. 1). IN WITNESS WHEREOF, each party hereto, pursuant to resolution passed and adopted by its respective governing body, has caused this agreement to be executed the day first above written. VISTIA SANITATION DISTRICT • .3. C4AIRUM, BOABD OF DIRECTORS FIRST AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OP CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM THIS AGREEMENT (hereinafter sometimes referred to as the First •/y Amendment to Basic Agreement) made and entered into this /^ "" day of r^L^fc-,/^. , 19^y, by and between VISTA SANITATION DISTRICT, a County Sanitation District (sometimes hereinafter referred to as VISTA), CITY OF CARLSBAD, a municipal corporation (sometimes hereinafter referred to as, CARLSBAD); and the BUENA SANITATION DISTRICT, a County Sanitation District (sometimes here- inafter referred to as BUENA); WITNESSKTH: WHEREAS, July 13, 196! Vista and Carls Dad entered into an agreement entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of Joint Sewer System", hereinafter sometimes referred to as the "BASIC AGREEMENT"; and WHEREAS, said Basic Agreement has been supplemented by the First Supplement to the Basic Agreement entered into between Vista and Carlsbad and dated March 25, 1963* by the Second Supplement to Basic Agreement between Vista, Carlsbad and Buena dated January 6, 1964, and by Supplemental Agreement Number (l) to Basic Agreement between Vista, Carlsbad and Buena dated January 6, 19&4; and 8EP 14 1964 Y\ WHEREAS, the Basic Agreement provides in Sections 3 thereof for the'service by the Joint System to certain specified drainage basins; and WHEREAS/ it is the desire of Vista to enlarge the Vista Service Area referred to in the Basic Agreement and to serve the following areas: (l), ah area of approximately 1,6oo acres, lying northerly of and adjacent to the "Buena Vista Drainage Basin", which said area consists of all of the territory lying between the Boundary of Vista Service Area and- the Amended Boundary of Vista Service Area delineated on Exhibit "A-l" hereto attached and made a part of this agreement; and (2) an area- of approximately 1,000 acres within the "Aqua Kedionda Drainage Basin" and southerly of and adjacent to the Boundary of the Vista Service Area, which said portion consists of all of the territory lying between the southerly Boundary of Vista Service Area and the Amended Boundary of Vista Service Area delineated on said Exhibit "A-l"; and WHEREAS, Carlsbad and Buena have no objection to Vista provid- ing service to the aforementioned territory provided that all of the sewage from said territory is charged to Vista and that Vista uses only its capacity in the Joint System, to provide serviqe to such territory; and WHEREAS, it is necessary to amend the Basic Agreement to permit Vista to serve the aforementioned territory; NOW THEREFORE, Section 1. Section 3 of the Basic Agreement is, hereby amended by adding thereto two additional paragraphs designated (e) and (f), respectively, reading as follows: (e) Notwithstanding .the foregoing provisions of• this section, the area that may be served by Units A through H inclusive of the Joint System shall include the territory lying outside of the Buena Vista Drainage Basin but within the Vista Service Area (f) Wherever elsewhere in this Basic Agreement the term "Boundary of Vista Service Area" is used such term shall mean the Boundary of Vista Service Area as enlarged by the addition of territory lying within the Amended Boundary of Vista Service Area as delineated on Exhibit "A-l" and wherever the term "Vista Service Area" is used it shall mean the territory within the Boundary of Vista Service Area as enlarged by the addition of territory lying within the Amended Boundary of Vista Service Area as delineated on said Exhibit "A-l". Section 2. Section 4 of the Basic Agreement is hereby amended by adding thereto an additional paragraph designated (d) reading as follows: (d) Notwithstanding the foregoing provisions of this section, sewage generated within the territory outside the Buena Vista Drainage Basin but within the Boundary of Vista Service Area, may be pumped into the Buena Vista Drainage Basin and discharged into the Joint System by Vista. Section 3. The Basic Agreement shall continue in full force and effect as modified and supplemented by the First Supplement, -3- The Second Supplement, the Supplemental Agreement Number (l) to Basic Agreement. IN WITNESS WHEREOF, each party hereto, pursuant to resolution duly passed and adopted by its respective governing body, has caused this First Amendment to Basic Agreement to be executed the date fjrst above written. VISTAASANITATION DISTRICT jf\ A O^i^XyO^^-^JJML^VX.By BUENASNITATIOJl DISTRICT CuAiRMAN,. BOARD OF DIRECTORS 'APPROVED BY THE PJSTRICT BOARD OF DIRECTORS "~" SEP 14 1964 ^ FTHE DISTRICT BMRD OF BIRECTORS RGB:hg 6-2^-64 -4- . ^ COUNTY CONTRACT^,/,• 'NO. 1858-2129-E/yO SECOND AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OP CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM THIS AGREEMENT (hereinafter sometimes referred to as the Second Amendment to Basic Agreement) made and entered into this rL kj flJgjf day of [M^^L , 196^ by and between VISTA' ( SANITATION DISTRICT, a County Sanitation District (sometimes hereinafter referred to as VISTA), CITY OF CARLSBAD., a municipal corporation (sometimes hereinafter referred to as CARLSBAD); and the BUENA SANITATION DISTRICT, a County Sanitation District (sometimes hereinafter referred to as BUENA); WITNESSETH; WHEREAS, July 13, 196l Vista and Carlsbad entered into an agreement entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of Joint Sewer System", hereinafter sometimes referred to as the "BASIC AGREEMENT"; and WHEREAS, said Basic Agreement has been supplemented, modified and amended by the First Supplement to the Basic Agreement entered into between Vista and Carlsbad and dated March 25, 19^3, by the Second Supplement to Basic Agreement between Vista, Carlsbad and Buena dated January 6, 1964, by the Supplemental Agreement (No* 1) to Basic Agreement between Vista, Carlsbad and Buena dated January 6, 1964-, and by the First Amendment to Basic Agreement between Vista, Carlsbad and Buena dated September 14, 1964; and WHEREAS., it appears desirable that the Joint System Map attached to the Basic Agreement and designated Exhibit "A" be modified to show the Amended Boundary of the Vista Service Area referred to in the Second Amendment to Basic Agreement and also the Second Ponto-Batiquitos Service Area hereinafter referred to ; and WHEREAS, Section 37 of the Basic Agreement provides for the jurisdiction of Carlsbad and Vista over certain territories and among other things provides that Carlsbad shall have com- plete jurisdiction and control over any use of the Joint System by properties within the Ponto-Batiquitos Service Area and may impose such requirements as it deems appropriate, including annexation of unincorporated territory to Carlsbad, as a condi- tion precedent to permitting service by the Joint System to said Ponto-Batiquitos Service Area; and WHEREAS, Carlsbad desires that the said Ponto-Batiquitos Service Area over which it has jurisdiction be expanded so as to include additional territory designated the Second Ponto- Batiquitos Service Area described in Exhibit "D" hereto attached and delineated on Exhibit "A" hereto attached; and WHEREAS, Vista and Buena consent to the enlargement of the Ponto-Batiquitos Service Area to include the Second Ponto- Batiquitos Service Area; NOW THEREFORE IT IS AGREED by and between the parties hereto as follows: Section 1. SUBSTITUTION OF NEW EXHIBIT "A". There is hereby substituted in place of Exhibit "A" attached to the Basic Agreement /•"S, "***• a new Exhibit "A" designated Joint System Map and dated February 1965^ a copy of which is hereto attached and made a part of this Second Amendment to Basic Agreement. Section 2. SUBSTITUTION OP NEW EXHIBIT "D". There is hereby substituted in place of Exhibit "D" attached to the Basic Agreement a new Exhibit "D" dated February 1965* a copy of which is hereto attached and made a part of this Second Amendment to Basic Agreement. Section 3. EFFECT OF SECOND AMENDMENT TO BASIC AGREEMENT. The Basic Agreement shall continue in force and effect except as amended, modified, and supplemented by the First Supplement to the Basic Agreement, the Second Supplement to the Basic Agreemant, Supplemental Agreement (NO. 1) to Basic Agreement, First Amendment to Basic Agreement, and this Second Amendment to Basic Agreement. IN WITNESS WHEREOF, each party hereto has, pursuant to resolution duly passed and adopted by its respective governing body, caused this Second Amendment to be executed the date first above written. VIST By CITY; SANITATION DISTRICT .OF^GAEliSBAD^,^Z~-^*~ _«. .. «L — > APPRO'/:": BY Tl'S CiSJRICT f.jfJO) Or Jl [m. "y/^- V^V./-/ ^ CLERK OF THE DISTRICT BOARD OF DIRECTORS CHAIRMAN, BOARD OP DIRECTORS -3- EXHIBIT "D" PONTO-BATIQUITOS SERVICE AREA That certain area of land in the County of San Diego, being a portion of Sections 21, 22, 23. 26, 27, 28, 29, 32, 33, 3^ and 35, Township 12 South, Range 4 West, S.B.M., and lying within the following described boundary; Beginning at the intersection of the North-South center line of said Section 23 with the Southerly boundary line of the Encinas Drainage Basin as shown on Exhibit "A"; thence Westerly along said boundary line to a point of intersection with the Mean High Tide line in said Section 29; thence Southerly along the Mean High Tide line of said Sections 29, 32 and 33 to a point of intersection with the Southerly boundary line of the "Carlsbad Municipal Water District", as said boundary existed as of May 1, 1961; thence Easterly along said boundary being also a line which follows approximately along the Southerly shore line of the Batiquitos Lagoon to a point of intersection with the North-South center line of said Section 35; thence Northerly along the North-South center lines of said Sections 35, 26 and 23 to the point of beginning. Second Ponto-Batiquitos Service Area; That certain area of land in the County of San Diego, being a portion of Sections 23, 24, 25, 26, 35, 36, Township 12 South, Range 4 West S.B.B.M; Sections 18, 1§, 30, 31, Township 12 South, Range 3 West, S.B.B.M; southeasterly portion of Rancho Agua Hedionda Map No. 823: Beginning at the intersection of the North-South centerline of said' Section 23 with the Southerly boundary line of the Encinas Drainage Basin as shown on revised Exhibit "A"; thence southerly along said North-South centerlines of Sections 23, 26, and 35 to a point 1320 feet north of the south line of Section 35] thence easterly along a line parallel and 1320' northerly of the south line of Sections 35, 36 and 31 to an intersection with the east line of Section 31; thence northerly along the east line of Sec- tion 31 and 30 to an intersection with the boundary line of the "San Marcos County Water District", as said boundary existed as of February 1, 1965; thence westerly, northerly, and easterly along the boundary line of said district to an intersection with the southerly boundary of the Encinas Drainage Basin; thence along said basin boundary line to the point of beginning; said area containing approximately 4,600 acres. The Ponto-Batiquitos Service Area referred to in the Basic Agreement, as amended by the Second Amendment to Basic Agreement, shall include all of the above described land. 0 THIRD SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- NnSITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM Communication This THIRD SUPPLEMENT TO BASIC AGREEMENT, (hereinafter some- times referred to as the Third Supplement) , made and entered into this .yaW day of 1?L<>Ui^A^ , 1965, by and between the VISTA SANITATION DISTRICT, (sometimes hereinafter referred to as Vista), the CITY OF CARLSBAD, a municipal corporation (sometimes hereinafter referred to as Carlsbad), the BUENA SANITATION DISTRICT, a county sanitation district, (sometimes hereinafter referred to as Buena), and the SAN MARCOS COUNTY WATER DISTRICT, (sometimes hereinafter referred to as San Marcos) . RECITALS A. Vista and Carlsbad entered into an agreement dated July 13, 1961, entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Con- struction of a Joint Sewer System" (sometimes hereinafter referred to as the Basic Agreement). B. Vista and Carlsbad entered into the First Supplement to the Basic Agreement, said supplement being dated March 25, 1963, for the purpose of authorizing Vista to apply for federal grants or funds pursuant to the Federal Water Pollution Control Act (Public Law 660, 84th Congress) and agreeing that the total of the monies received by Vista and Carlsbad from said grants would be credited to Carlsbad and Vista in the same proportion c as defined In the Basic Agreement for sharing the costs of the Joint System, namely 44.3 per cent to Carlsbad and 55.7 per cent to Vista. C. Vista, Carlsbad and Buena entered into a second supple- ment to the Basic Agreement for the purpose of making Buena a party to the Basic Agreement and reallocating capacity rights in the Joint System, said second supplement being entitled "Second Supplement to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Con- struction of the Joint System" and dated January 6, 1964 and hereinafter referred to as the Second Supplement. D. Vista, Carlsbad and Buena entered into a Supplemental Agreement (No. l) for the purpose of allocating funds to be received from the federal government, said supplement being entitled "Supplemental Agreement (No. 1) to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of the Joint System" and dated January 6, 1964 and hereinafter referred to as "Supplemental Agreement No. l". E. Vista, Carlsbad and Buena entered into the First Amend- ment to Basic Agreement for the purpose of enlarging the Vista Service Area referred to in the Basic Agreement, said First Amendment being entitled "First Amendment to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System" and dated '* hereinafter referred to as First Amendment -2- to Basic Agreement, P. Vista, Carlsbad and Buena entered into a Second Amendment to Basic Agreement for the purpose of enlarging the Ponto-Batlquitos Service Area over which Carlsbad is to have jurisdiction, said Second Amendment being entitled "Second Amendment to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System" and dated /Tl^L^L) 8llcjL£ , hereinafter referred to as the Second Amendment to Basic Agreement. G. Section 37 of the Basic Agreement contemplates that additional public agencies may become parties to said Basic Agreement with the consent of the other parties thereto. H. The governing body of San Marcos has adopted a resolu- tion pursuant to said Section 37 requesting that it be permitted to become a party to said Basic Agreement. I. San Marcos desires to transport its sewage to the treat- ment plant (Unit I) and dispose of its sewage through the treatment plant and ocean outfall (Units I and J) being constructed pursu- ant to said Basic Agreement and as a consequence desires to acquire capacity rights in said treatment plant and the ocean outfall (Units I and J) being constructed pursuant to said Basic Agreement. J. Said sewage treatment plant (Unit I) is now being constructed to provide capacity to receive and treat 4.5 million gallons per day (m.g.d.) of sewage and said ocean -3- outfall (Unit J) Is being constructed to dispose of 8.00 million gallons per day of sewage and each unit is being so constructed that by the construction of additions or improvements thereto the effective capacity thereof may be increased. K. San Marcos desires to acquire capacity rights to dis- charge 1.2 million gallons per day of sewage into said treatment plant and is willing to bear its proportionate share of the cost of said treatment plant (Unit I). L. San Marcos proposes to use temporarily some of the excess capacity in the outfall sewer of Buena Sanitation Dis- trict to transport San Marcos' sewage to the treatment plant (Unit I). M. The approximate location and route of the transmission system proposed to be constructed by San Marcos and Buena's outfall are shown on Exhibit "A" attached hereto and made a part hereof. N. The governing bodies of Vista, Carlsbad and Buena have determined that it is in their best interests that San Marcos be permitted to become a party to the Basic Agreement and to use the treatment plant and ocean outfall (Units I and J) to dispose of the sewage from the San Marcos County Water District upon the terms and conditions hereinafter specified; and that San Marcos participate in the cost of the treatment plant and ocean outfall as hereinafter set forth. 0. It is proposed that pursuant to Section 37 of the o o Basic Agreement, San Marcos become a party to the Basic Agreement and be required to pay its proportionate share of the treatment plant presently under construction and the necessary additions thereto to accommodate a desired capacity requirement of 1.20 m.g.d. The capacity of the treatment plant (Unit I) now being constructed will be owned by Carlsbad, Vista and Buena in the following pro- portions as set forth in the Basic Agreement as modified by the Second Supplement: Carlsbad: 40.7$ Vista: 48.2$ Buena: 11.1$ It has been determined that the minimum feasible unit of expan- sion of the 4.5 m.g.d. capacity treatment plant (Unit I) is 2.25 m.g.d. If the capacity of the treatment plant were increased by 2.25 m.g.d., thereby providing a minimum capacity of 6.75 m.g.d., and San Marcos purchases capacity within the enlarged plant of 1.20 m.g.d,, it is proposed that the parties would own and have the right to use the capacity of the treatment plant in the following proportions: Carlsbad: 33.5$ Vista: 39.5$ Buena: 9.2$ San Marcos: 17. Based on this new allocation of ownership, it is proposed that San Marcos be required to pay 17.8$ of the total estimated cost of the enlarged treatment plant. It is proposed that the reserve capacity of 1.05 m.g.d., being the difference between the addition to the plant of 2.25 m.g.d. and the capacity of 1.20 m.g.d. which San Marcos desires to acquire, be allocated to Carlsbad, Vista and Buena on the basis of their present respective ownership in Unit I. -5- Q P. In addition to the acquisition of capacity in the treatment plant, San Marcos desires to acquire 4.0 m.g.d. capacity in the ocean outfall. The ocean outfall has been designed and is being initially constructed to a capacity of 8.00 m.g.d, which capacity is in excess of the current need of Carlsbad and Vista. It is proposed that San Marcos acquire from Carlsbad and Vista the 4.0 m.g.d. capacity required by it and that San Marcos pay its proportionate share of the cost of said ocean outfall. NOW THEREFORE In consideration of the promises and mutual covenants and agreements herein contained, the parties hereto covenant and agree with each other as follows: Section 1. SAN MARCOS ADDED TO BASIC AGREEMENT. San Marcos shall become and is hereby made a party to the Basic Agreement and is hereafter subject to all terms, conditions and provisions of the Basic Agreement as modified and supplemented by the First Supplement, the Second Supplement, Supplemental Agreement No. 1, First Amendment to Basic Agreement and Second Supplement to Basic Agreement and this Third Supplement. Section 2. SUBSTITUTION OF NEW EXHIBIT "C". There is hereby substituted in place of Exhibit "C11 attached to the Basic Agreement, a new Exhibit "C" dated February 1965* a copy of which is hereto attached and made a part of this Third Supple- ment. Section 3. PAYMENT BY SAN MARCOS FOR CAPACITY IN TREATMENT PLANT. San Marcos shall pay to Vista, Carlsbad and Buena for -6- capacity rights in the treatment plant (Unit I) the sum of $226,800.00 plus an additional sum equal to interest on the sum of $226,800 from March 22, 1965 to the date of payment of said sum of $226,800 at the rate of four per cent (4$) per annum, Payment of said total sums to said parties shall be made by San Marcos by depositing said sums with Vista, Section 4. PAYMENT BY SAN MARCOS FOR CAPACITY IN THE OCEAN OUTFALL. In addition to the payment specified in Section 3 of this agreement, San Marcos shall pay to Vista and Carlsbad for the right to use the ocean outfall (Unit J) the sum of $9,740.00 per year in advance for a period of 30 years. In consideration of such annual payment San Marcos shall have the right to use during the year for which payment is made 16.7$ of the capacity of the ocean outfall. Provided, however, that at any time San Marcos may pay to Carlsbad and Vista the sum of $292,250.00 less the total amount of annual payments of $9*740.00 theretofore made, and shall thereby acquire the per- manent right to use 16.7$ of the capacity of said ocean outfall. Monies paid by San Marcos pursuant to this section shall be divided between Carlsbad and Vista in the following proportions? Carlsbad: 58.5$ Vista: 4l.5$ Section 5. USE OF $226,800.00. Upon receipt by Vista of payment by San Marcos of the sums specified in Section 3 of this agreement ($226,800.00 plus 4$ per annum), Vista shall hold said sums in trust and use said sums only for the payment o of the cost (including engineering and incidental expenses) of constructing additions or improvements to the treatment plant as hereinafter specified. The nature and extent of the additions or improvements to the treatment plant shall be deter- mined by Carlsbad, Vista, Buena and San Marcos after considera- tion of the recommendation of the Joint Advisory Committee referred to in Section 17.2 of the Basic Agreement. The Joint Advisory Committee shall submit its recommenda- tion within 30 days after written request therefor from Carlsbad, Vista, Buena or San Marcos. Any interest earned by said sums or any portion thereof shall be held in trust by Vista and used for the same purpose as the principal sums. Vista shall be strictly accountable for all funds received from San Marcos pursuant to this Third Supplement and shall maintain adequate records of all receipts and disbursements. Section 6. CONSTRUCTION OF ADDITIONS OR IMPROVEMENTS TO THE TREATMENT PLANT. Following the deposit by San Marcos with Vista of the sums specified in Section 3 of this agreement ($226,800.00 plus tyfa per annum), and at such time as the nature of additions or improvements to be made to the treatment plant have been determined, Vista shall cause to be prepared appropri- ate plans, specifications and contract documents for the con- struction of such additions or improvements. On approval of such plans, specifications and contract documents by Carlsbad, -8- Vista, Buena and San Marcos after requesting and considering the recommendations of the Joint Advisory Committee, Vista shall advertise for bids for the construction of the additions or improvements and upon approval of the low bid by the Joint Advisory Committee, shall cause a contract for the construction of such additions or improvements to be let. Vista shall cause the work to be inspected and shall administer the execution of contract. The cost of constructing such additions or improvements to the treatment plant, and the cost of engineering and incidental expenses shall be paid for out of the aforementioned sums ($226,800.00 plus 4$ per annum) deposited by San Marcos with Vista as aforesaid pursuant to Section 3 of this agreement. If upon the receipt of construction bids it is apparent that the total cost of the additions or improvements to the treatment plant is in excess of the amount paid by San Marcos pursuant to Section 3 of this agreement ($226,800.00 plus 4$ per annum), the parties to the Basic Agreement shall have the option of providing additional funds to permit the construction of said addition. In such event the parties shall provide said additional funds in direct proportion to the ownership of each party in the enlarged treatment plant (Unit I), to wit: Carlsbad: 33.5$ Vista: 39.5$ Buena: 9.2$ San Marcos: 17.8$ In the event the parties to the Basic Agreement elect to not provide any additional funds, the plans and specifications for the enlargement of the treatment plant shall be modified so as to permit the construction of the maximum enlargement within the limits of the amount paid by San Marcos as aforesaid and upon completion of construction of the enlargement, the parties shall own and have the right to use the capacity of the enlarged treatment plant in the following proportions: Carlsbad: 33,5$ Vista: 39.5$ Buena: 9.2$ San Marcos: 17.8$. At such time as construction of additions or Improvements to the treatment plant shall have increased the effective capacity of said treatment plant to at least 6,75 m.g.d,, as determined by Carlsbad, Vista, Buena and San Marcos, any por- tion of the monies paid by San Marcos pursuant to Section 3 of this agreement (plus any Interest accruing thereon) in excess of the amount required to pay for constructing (including engineer- ing and Incidental expenses) such additions or improvements shall be held in trust by Vista in a capital improvement fund to be used for future additions or improvements to the plant for the benefit of all participating agencies to the Basic Agreement at the time the money is expended from said fund. Section 7. GRANTS-IN-AID. San Marcos shall be entitled to receive all grants-ln-aid that may be allocated by the federal government or other governmental agency for any work contemplated by Sections 5 and 6 and the parties hereto agree to cooperate with San Marcos to obtain such grants-in-ald. Section 8. MAINTENANCE OF ADDITIONS AND IMPROVEMENTS TO TREATMENT PLANT. Any additions and improvements to the -10- o treatment plant shall become a part of said treatment plant and shall be operated and maintained as part thereof in accordance with the terms of the Basic Agreement and the cost of such main- tenance and operation shall be paid for by the parties to this Third Supplement and in accordance with said Basic Agreement. Section 9. SAN MARCOS SEWERo Notwithstanding the provisions of Section 4 of the Basic Agreement, San Marcos may construct, re- construct, maintain, repair and operate a transmission line (herein referred to as the San Marcos outfall) from the San Marcos County Water District (as the boundaries thereof may now exist or as such boundaries hereafter be expanded) to the treatment plant (Unit I) approximately along the route shown on Exhibit "A" hereto attached„ Provided, however, that until such time as San Marcos shall have constructed the San Marcos outfall from the highway commonly known as El Camino Real to the treatment plant, San Marcos may use a portion of the Buena Sanitation District outfall designated "Encina Outfall Sewer" on Exhibit "E" attached to the Second Supplement to the Basic Agreement in accordance with such terms as may be specified by Buena. At such time as San Marcos constructs the San Marcos outfall, it shall construct such an outfall to serve all those lands in the San Marcos service area which said service area is delineated on Exhibit "A" hereto attached. Carlsbad shall have the privilege of renting any desired portion of temporary excess capacity in the San Marcos Outfall on terms no more stringent than the terms whereby San Marcos rents capacity in Buena's Encina Outfall. Section 10. AREA TO BE SERVED BY SAN MARCOS. No sewage 3/23/65 -11- o o outside the San Marcos service area, as said area is delineated on said Exhibit "A", sha3,l be discharged into the treatment plant (Unit I) unless approved by Carlsbad, Vista and Buena. Section 11. MAINTENANCE. San Marcos shall pay, when due, its proportionate share of the cost of all administration, main- tenance and operation (including overhead) of Units I and J of the Joint System In accordance with the provisions of Sec- tion 17.3 of the Basic Agreement. Section 12. OPERATOR. Section 17 of the Basic Agreement is amended to read as follows: Section 17. OPERATOR. The Joint System shall be maintained and operated by an Independent contractor employed by Vista, Carlsbad, Buena and San Marcos jointly, which said independent contractor shall be known as the "OPERATOR". It is agreed that Vista, Carlsbad, Buena and San Marcos shall Jointly contract with the County of San Diego, as Operator, for the operation and maintenance of the Joint System for a period of two years from and after the commencement of operation of the Joint System. Said contract with the County of San Diego shall be one for the Joint exercise of powers pursuant to Chapter 5* Division 7t Title 1 of the Government Code, and shall provide that the County shall maintain and operate the Joint System and shall preserve it in good repair and working order, all in accordance with -12- recognized sound engineering practice. The parties to this Basic Agreement shall "bear the cost of said opera- tion and maintenance in the proportions set forth in sub- divisions (a) and (b) of Section 17.3. The County of San Die go by endorsing upon this agreement its consent to maintain and operate the Joint System, acknowledges that it will enter into an agreement to operate and maintain the Joint System as aforesaid and charge for such service its actual cost of operating and maintaining the Joint System. The Operator shall maintain and operate the Joint System and preserve it in good repair and working order, all in accordance with recognized sound engineering prac- tice. The Operator shall reconstruct or cause to be reconstructed such portions of the Joint System as shall be ordered by the Administrator or by Carlsbad, Vista, Buena and San Marcos Jointly. The Operator shall maintain accurate records and accounts of all receipts and disbursements and expenses incurred in connection with the operation and maintenance of the Joint System and in connection with any ordered reconstruction. These records and accounts shall be available for inspection at all reasonable times by any party to this Basic Agreement. The Operator shall measure and keep accurate records -13- c o of the measurements of sewage flow as may be required by this Basic Agreement or "by the Administrator. Section 13. ADMINISTRATOR. Section 17.1 of the Basic Agreement is amended to read as followss Section 17.1. ADMINISTRATOR. For the purpose of administering the contract with the Operator, Carlsbad, Vista, Buena and San Marcos shall jointly designate a party to this Basic Agreement as the "ADMINISTRATOR". It is further agreed that Carlsbad shall be and perform the duties of the Administrator until such time as Vista, Carlsbad, Buena and San Marcos Jointly agree that some other party to this agreement be designated Administrator. The powers and duties of the Administrator are as follows: 1. Supervise and administer the contract between Carlsbad, Vista, Buena and San Marcos and the Operator for the operation and maintenance of the Joint Systemj 2. Prepare and submit annually to the parties to this agreement a budget estimating the amount of moneys necessary to operate and maintain the Joint System as hereinafter set forthj 3. Audit the accounts of the Operator when neces- sary to insure that bills submitted by the Operator are accurate; 4. Pay the Operator out of funds deposited with the -14- o o Administratori 5. Order the Operator to reconstruct or cause to "be reconstructed those portions of the Joint System when an emergency arises and such reconstruction is immediately required to permit the Joint System to continue to function; 6. Maintain records of the Operator's measurements of sewage flow sufficient to carry out the terms of this Basic Agreement; 7. Maintain insurance as specified in Section 31 of the Basic Agreement. The expenses of the Administrator in carrying out the powers and duties imposed on it by this Basic Agreement shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid as herein- after specified. Section 14. JOINT ADVISORY COMMITTEE. Section 17.2 of the Basic Agreement is amended to read as follows: Section 17.2. JOINT ADVISORY COMMITTEE. Vista, Carlsbad, Buena and San Marcos hereby agree that there shall be appointed an Advisory Committee con- sisting of two representatives of each party to this agreement appointed by the governing body of such party. The members so appointed may, but need not, be members of the governing body of the party they represent. Said committee shall be known as the "Joint Advisory Committee" -15- c and its powers, duties and functions shall be as follows: 1. To review the operation and maintenance of the Joint System, including the cost thereof, and make reports and recommendations to the governing bodies of the parties to this agreement and to the Operator. 2. After the Joint System has been in operation for one year, to investigate and review the operation and main- tenance of said system and the cost thereof and thereafter recommend to the governing bodies of the parties to this agreement the procedure to be followed in maintaining and operating the Joint System. 3. Review and make recommendations to the governing bodies of the parties to this agreement with respect to any proposed expansion, enlargements or modifications of the Joint System or any portion thereof. 4. To adopt rules and regulations for the place, time and, conduct of its meetings, to elect one of its members chairman and appoint a secretary and to cause minutes to be kept of each of its meetings including all actions taken by it. 5. To render such reports and recommendations and perform such other duties relative to the maintenance and operation of the Joint System as may be directed by the governing bodies of the parties to this agreement from time to time, -16- The total vote of all members of the Joint Advisory Committee shall "be 100$. When voting on a matter involving the treatment plant (Unit I) or the ocean outfall (Unit J) each member shall have a percentage of vote equal to one- half of the percentage of capacity of the party he repre- sents in the unit involved. Where one representative of a party to this agreement is absent, the remaining present representative may cast the votes of both representatives of the party. The recommendations of the Joint Advisory Committee shall be advisory only. The Administrator shall provide supplies and clerical and secretarial help for the Joint Advisory Committee and the cost thereof shall constitute a part of the total expense of maintaining and operating the Joint System and shall be paid as hereinafter specified. Section 15. AGREEMENT TO TAKE EFFECT UPON PAYMENT. Sec- tions 1 to 14, both inclusive, of this agreement shall take effect only upon the payment by San Marcos to Vista, Carlsbad and Buena of the total sums specified in Section 3 of this agreement ($226,800.00 plus 4$ per annum) and in addition thereto shall pay to Vista and Carlsbad the first annual payment of $9,740.00 as specified in Section 4 of this agreement. Section 16. TERMINATION OF AGREEMENT. In the event San Marcos fails to pay on or before July 1, 1968 the total sums •o o specified in Section 3 of this agreement ($226,800.00 plus ^ per annum) or fails to pay on or before said July 1, 1968 to Carlsbad and Vista the first annual payment of $9,740.00 specified in Sec- tion 4 of this agreement, then in that event this agreement shall become null and void and of no further effect. Section 17. TIME IS OP ESSENCE. Time is of the essence of this agreement. Section 18. EFFECT OF THIRD SUPPLEMENT. The Basic Agreement shall continue in force and effect as modified and supplemented by the First Supplement, Second Supplement, Supplemental Agreement (No. 1), First Amendment to Basic Agreement, Second Amendment to Basic Agreement and this Third Supplement. IN WITNESS WHEREOF, each party hereto has, pursuant to resolu- tion duly passed and adopted by its respective governing body, caused this Third Supplement to be executed the date first above written. VISTA SANITATION DISTRICT By CITY OF CARLSBAD By BUENA SANITATION DISTRICT <3£v- r 1 , ' ,BytTiAx^^A, ^X ^cxv>r^--4 CHAIRMAN, BOARD OF DIRECTORS SAN MARCOS COUNTY WATER DISTRICT BY __ The County of San Diego hereby endorses its consent to -18- maintain and operate the Joint System, and acknowledges that it will enter into an agreement to maintain and operate the Joint System and charge for such services its actual cost of operating and maintaining the Joint System,, COUNTY OP SAN DIEGO By Chairman, Board of Supervisors -19- COUNTY CONTRACT No. 1858-2129-E FOURTH SUPPLEMENT TO BASIC AGREEMENT BETWEEN THE VISTA SANITATION DISTRICT, CITY OF CARLSBAD, BUENA. SANITATION DISTRICT AMD THE SAN MARCOS COUNTY WATER DISTRICT RE. CONSTRUCTION OF AN ENLARGEMENT TO THE ENCINA WATER POLLUTION CONTROL FACILITIES OF THE JOINT SYSTEM. WHEREAS, on July 13, 1961, the Vista Sanitation District, a.County Sanitation District, (hereinafter referred to as "Vista") and 'the City of Carlsbad, a municipal corporation, (hereinafter referred to as "Carlsbad") entered into an agreement-pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code for the joint exercise of powers and the acquisition, construction and operation of facilities for the transmission, treatment and disposal of sewage, which facilities shall comprise a single system of sani- tation works, hereinafter referred to as the "joint system"; and WHEREAS, a third supplement to the Basic Agreement (hereinafter sometimes referred to as "third supplement") was made and entered into on March 23, 1965 between Vista, Carlsbad, the Buena Sanitation District (sometimes hereinafter referred to as "Buena") and the San Marcos County Water District (sometimes hereinafter referred to as "San Marcos"); and 't WHEREAS, pursuant to Section 3 of said Third Supplement to Basic Agreement, San Marcos has deposited and paid $226,800.00, plus interest, for capacity rights in the treatment plant and the proposed enlargement thereto; and V/HEREAS, the third supplement provides that the ownership of the joint system enlargement to the Encina V/ater Pollution Control Facility shall be in the following proportions: Carlsbad: 33-5%; Vista; 39.5%; Buena: 9.2%; San Marcos: 17.8%; and . -I- o WHEREAS, it is desired to submit an application for Federal Grant under the Federal Water Pollution Control Act (Public Law 660, 84th Congress) to assist in the financing and construction of an enlargement to the Encina Water Pollution Control Facilities of the joint system, which application will require the preparation and submittal of the necessary documents. WHEREAS, under the regulations prescribed by the Secretary of Interior and the California Administrative Code, the proposed project constitutes a multi-municipal project designated a joint project which requires that one of the agencies be designated to apply for a grant for the joint project; NOW THEREFORE, The parties hereto covenant and agree as follows: 1. Vista is authorized to apply for, receive, and disburse Federal Grant money in behalf of all the agencies hereinabove mentioned and referred to in the third supplement based on the share of costs of the joint project as de- fined in the third supplement agreement. 2. As provided in the third- supplement to the basic agreement, Carlsbad, Vista, San Marcos and Buena will own portions of the joint sewer system as tenants in common and each will be provided with sewage treatment services for the life of the project. 3. The total of all monies received under the grant will be credited to all participating agencies in the same proportion as defined in the third supplement to the basic agreement for ownership of the enlargement of the treatment plant facilities of the joint sewage system; namely, Carlsbad, 33.5%; Vista, 39.5%; Buena, 9.3%; arid San Marcos, 17.8%. -2- 4. Vista is hereby designated as the central agency and is authorized to make application to the Federal Government for grants to Carlsbad, Buena and San Marcos pursuant to the aforementioned Federal Water Pollution Control Act based upon each of the parties share of the ownership of the enlargement to the Encina Water Control Pollution Facilities Treatment Plant. 5. After the completion of construction, all monies received under grant from the Federal Government for the enlargement of the treatment plant shall be credited to Vista, Carlsbad, Buena and San Marcos in the same pro- portion as their ownership in the joint project. 6. The federal law requires each participating agency to receive grants in aid in proportion to their ownership in the joint project; insofar as Section 7 of said third supplement does not so provide, it is hereby modified and amended to provide that each agency shall receive grants in aid as provided in this Fourth Supplement Agreement. 7. The basic agreement and all the supplements thereto shall continue in full force and effect as modified and supplemented by the first supplement, the second supplement and third supplement and all other supplemental agreements. IN WITNESS WHEREOF, each party hereto, pursuant to the resolution passed and adopted by the respective governing body has caused this agreement to be executed the day first above written. BUENA SANITATION DISTRICT VISTA SANITATION BY. SAN By IRMAN, BOAfc) VOF DIRECTORS COS COUNTY WATER DISTRICT Chairman^ Board of Directors CITY 0F CARLSBAD Preside »M«im BY THE Board of Directors -3- DISTRICT BOARD OF DIRECTORS CLERK Of THE DISTRICT BOARD OF DIRECTORS CONTRACT NO. 1858-2129-E THIRD AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OP CARLSBAD FOR ACQUISITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM THIS AGREEMENT (hereinafter referred to 'as the Third Amendment to Basic Agreement) made and entered into this day of (j^u^^<^~ , 1971, by and between VISTA SANITATION DISTRICT, a county sanitation district (hereinafter referred to as Vista), CITY OF CARLSBAD, a municipal corporation (hereinafter referred to as Carlsbad): BUENA SANITATION DISTRICT, a county sanitation district (hereinafter referred to as Buena); and the SAN MARCOS COUNTY WATER DISTRICT (hereinafter referred to as San Marcos); RECITALS A. Vista and Carlsbad entered into an agreement dated July 13, 1961, entitled "Basic Agreement Between Vista- Sanitation District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer System" (referred to as the Basic Agreement). B. Vista and Carlsbad entered into "First Supplement to the Basic Agreement", dated March 25 5 1963j> for the purpose of authorizing Vista to apply for federal grants or funds pursuant to the Federal Water Pollution Control Act (Public Law 660, 84th Congress) and agreeing that the total of the monies received by Vista and Carlsbad from said grants would be credited to Carlsbad and *** JL "** Vista in the same proportion as defined in the Basic Agreement for sharing the costs of the Joint System, namely 44.3?& to Carlsbad and 55.7$ to Vista. C. Vista/ Carlsbad and Buena entered into a "Second Supplement to the Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of the Joint System", dated January 6, 1964, for the purpose of making Buena a party to the Basic Agreement and reallocating capacity rights in the Joint System. D. Vista, Carlsbad and Buena entered into "Supplemental Agreement (No. 1) to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of the Joint System", for the purpose of allocating funds to be received from the federal government, dated January 6, 1964. E. Vista, Carlsbad and Buena entered into "First Amendment to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System", dated September 14, 1964, for the purpose of enlarging the Vista Service Area referred to in the Basic Agreement. F. 'Vista,^ Carlsbad and Buena entered into "Second Amendment to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System", dated March 8, 1965> for ^e purpose -2- of enlarging the Ponto-Batiquitos Service Area over which Carlsbad is to have jurisdiction. G. Vista, Carlsbad, Buena and San Marcos entered into "Third Supplement to Basic Agreement Between Vista Sanitation District and the City of Carlsbad for Acquisition and Construction of a Joint Sewer System", dated March 22, 1965, whereby San Marcos was made a party to the Basic Agreement. Said Third Supplement to Basic Agreement contains a new map, Exhibit A, to show the San Marcos Service Area and reflects revised ownership of capacity rights in the Joint Sewer System and redefines the duties of the County as the "Operator", of Carlsbad as the "Administrator", and of the "Joint Advisory Committee". H. Vista, Carlsbad, Buena, and County entered into "Agreement Between County of San Diego and City of Carlsbad, Vista Sanitation District and Buena Sanitation District For The Operation of the Joint System", dated August 3* 1965, designating County, acting through its Department of Special District Services, as the Operator of the Joint System, and defining the duties of the County as Operator and the provisions, for payment by the parties to County for services rendered by County. I. Buena and Carlsbad entered into an agreement entitled "Agreement Between the Buena Sanitation District and the City of Carlsbad for the Lease by .Carlsbad of Capacity -3- in the Encina Outfall of the Buena Sanitation District", dated June 20, 1966, which provides for lease by Buena to Carlsbad of designated capacity in the Encina Outfall. J. Buena and San Marcos entered into an agreement entitled "Agreement Between the Buena Sanitation District and the San Marcos County Water District for Lease by San Marcos of Capacity in the Buena Sanitation District's Encina Outfall Sewer Line", dated June 19, 1967, which provides for lease by Buena to San Marcos of capacity in the Encina Outfall Sewer as therein specified. ' K. Vista, Carlsbad, Buena and San Marcos entered into "Fourth Supplement to Basic Agreement Between the Vista Sanitation District, City of Carlsbad, Buena Sanitation District and the San Marcos County Water District Re Construction of an Enlargement to the Encina Water Pollution Control Facilities of the Joint System," dated January 1, 1970, whereby Vista was authorized to apply for and receive and disburse a Federal grant on behalf of all agencies for construction of an enlargement to the Encina Water Pollution Control Facilities of the Joint System. L. Vista, Carlsbad, Buena, San Marcos, and the County of San Diego entered into an Agreement for Legal Services on December 1, 1970 whereby the County acting through the County Counsel agreed to provide to the Administrator, o the Operator and to the Joint Advisory Committee legal services as described therein. M. Vista and Carlsbad desire to amend Section 17«3(a) of the Basic Agreement relating to payment by Vista and Carlsbad of maintenance and operation expenses which provide an allocation of cost between Vista and Carlsbad of maintenance and operation of Units "A", "B" and "c" described therein; NOW THEREFORE IT IS AGREED by and between the parties hereto as follows: 1. Section 17.3(a) of the "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer System"., dated July 13, is amended to read as follows: Section 17.3. PAYMENT OF MAINTENANCE AND OPERATION EXPENSES. (a) Vista shall bear the cost of maintenance and operation of Unit "A".. Vista and Carlsbad shall bear the cost of maintenance and operation of Units "B" and "c" in accordance with the percentage of those units owned by each party as defined on the Table Showing Allocation of Capacity, Exhibit C attached hereto. 2. The Basic Agreement shall continue in force and effect except as amended,, modified and supplemented by the amendments and supplements herein referred to. o o IN WITNESS WHEREOF, each party hereto pursuant to resolution duly passed and adopted by its respective governing body caused this Third Amendment to be executed the date first above written. VISTA SANITATION DISTRICT M. CITY OF CARLSBAD APPROVED BY THE DISTRICT BOARD OF DIRECTORS AUG 1 7 CLERK OF THE WSmcTBOARO OF DOCTORS BUENA SANITATION DISTRICT diABy6AJ Clerk of the Board of Directors SAN MARCOS COUNTY WATER DISTRICT By DLC:bf -6- E X H.I B 1 T -»C' UNIT A OlJITfIJ;_SHV;ER Between Vista Sewage Treatment Plant & Carlsbad City Limits UNIT 8 OUTFALL SEWER Between Carlsbad City Limits 8. Pumping Station NO. '] ; .. Approximate Do-sign Year 2000 2000 Total Capacity cf Unit In MGD (3) Estimated Equivalent Population Caoacity of Unit 9.40 60,200 i. Peak To Average Flow Ratio (4) f 1.56 'Total Estimated Capacity Required For Vista, Carlsbad, & Buen.2 Service Areas At Design Year - MOD 6.86 9.40 60,500 1.55 7.35Areas At Design Year - MGD 6.86 POPULATION EQUIVALENT j 44,000 Estimated Capacity Required For Vista Service Area At D;-cign Year - MGD 6.86 7.35 47 , 300 6.86 POPULATION EQUIVALENT \ 44,000 44,000 Estimated Capacity Required | For Carlsbad Service Area 1 At Design Year - MGD ! NONE POPULATION EQUIVALENT \ HONE Estimated Capacity Required .' | For Boons Service Area \ At Design Year - MGD ' ' "' ' f HONE | 0.51 3,300 NONE POPULATION EQUIVALENT 1 NOHi \ NGXE Estimated Reserve Capacity j At Desiqn Year - MGD ' j 2.54 2.05 POPULATION EQUIVALENT ' f 16,200 j 13,200 % Unit Cvmsd By Vista f 100 % Unit O.-.'ned By Carlsbad \ 0 % Unit Owned By Buana f 0 . " Reserve Capacity Owned f By Vista - • f/.GD ' '" " 1 2.54 POPULATION EQUIVAI^HT . | 16 5 200 Rocorve Capacity O.';ned g By Carlsbad - /,!GD j • NOME 93 7 0 1.91 12,300 0.14 PCPULAHO'-I EQUIVALENT f NONE j 000 \. f ! Recc-rvo Capacity Owned 1 By Ev.;na_ - ;.!GD " | ?;"•••"N~M~ POPULATION EQUIVALENT | KC:;E 1 NONE -7- o o • UNIT C EXHIBIT "C" Purr.oinq Station No. 1 Near Buena Vista Lagoon Aooroxirr.stc Dosion Year 1970- Total Capacity of Unit In MGD (3)4.69 Estimated Equivalent Population CEpocit of Unit 23,750 Peak To Avoraqe ' Flovj Ratio (4)1.6 Total Estimated Capacity Required For Vista, Ccrlsbad, & Buen.3 Service Areas At Design Year - MGD POPULATION EQUIVALENT ' 4^69 28,750 Estimated Capacity Required For Vista Service Area At Design Year - f.'.GD POPULATION EQUIVALENT 4.42 27,150 Estimated Capacity Required For Carlsbad Sorvico Area At Design Ye-r - MGD ' POPULATION EQUIVALENT 0.27 1»600 Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT NONE Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT NONE NON % Unit G-'p.ed By Vista 94.5 %i_ Unit _0^ned By Car 1 sbad 5.5 % Unit O.vhc-d By Buena Reserve Capacity O.v'ned By Vista - • J^GD_" POPULATION EQUIVALENT Reserve Capccity Q.vno'd By Carlsbad - MGD POPULATION EQUIVALENT 'NOME Reserve Capacity O.'.'ned Bv Euona - ?:,3D POPULATION EQUIVALENT NONE ;-;E -8- > --*.- (Reference above in each communication regarding this contract) FIFTH SUPPLEMENT TO BASIC AGREEMENT TO PROVIDE FOR PARTICIPATION BY LEUCADIA COUNTY WATER DISTRICT AND ENCINITAS SANITARY DISTRICT . This FIFTH SUPPLEMENT TO BASIC AGREEMENT is made and entered into this / / ^a^ °^ (-^JM--~*yv>-^r / 1971, by and among: " VISTA SANITATION DISTRICT ("Vista"), a county sani- tation district whose governing board is the City Council of the City of Vista; CITY OF CARLSBAD ("Carlsbad"), a municipal corpora- tion; BUENA SANITATION DISTRICT ("Buena"), a county sani- tation district whose governing board is the Board of Supervisors of San Diego County; SAN MARCOS COUNTY WATER DISTRICT ("San Marcos"), a county water district; LEUCADIA COUNTY WATER DISTRICT ("Leucadia"), a county water district; and ENCINITAS SANITARY DISTRICT ("Encinitas"), a sanitary district. RECITALS (A) Vista, Carlsbad, Buena and San Marcos own and operate the Encina Water Pollution Control Facility and Ocean o Outfall (and related facilities) pursuant to the following Agreements: DATE TITLE July 13, 1961 March 25, 1963 January 6, 1964 January 6, 1964 September 14, 1964 March 8, 1965 March 22, 1965 BASIC AGREEMENT BETWEEN VISTA SANI- TATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CON- STRUCTION OF A JOINT SEWER SYSTEM FIRST SUPPLEMENT TO BASIC AGREEMENT, AUTHORIZING VISTA TO APPLY FOR FEDERAL GRANTS SECOND SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF THE JOINT SEWER SYSTEM SUPPLEMENTAL AGREEMENT (NO. 1) TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND CITY OF CARLSBAD FOR ACQUISITION AND CON- STRUCTION OF JOINT SYSTEM, FOR PURPOSE OF ALLOCATING FUNDS RECEIVED FROM FEDERAL GOVERNMENT FIRST AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM SECOND AMENDMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUISITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM THIRD SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR ACQUI- SITION AND CONSTRUCTION OF A JOINT SEWER SYSTEM o 8. August 3, 1965 9. June 20, 1966 10. June 19, 1967 11. January 1, 1970 12. December 1, 1970 AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF CARLSBAD, VISTA SANITATION DISTRICT AND BUENA SANITATION DISTRICT FOR THE OPERA- TION OF THE JOINT SYSTEM AGREEMENT BETWEEN BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR LEASE BY CARLSBAD OF CAPACITY IN THE ENCINA OUTFALL OF THE BUENA SANITATION DISTRICT, FOR LEASE BY BUENA TO CARLSBAD OF DESIGNATED CAPACITY IN THE ENCINA OUTFALL AGREEMENT BETWEEN BUENA SANITATION DISTRICT AND SAN MARCOS COUNTY WATER DISTRICT FOR LEASE BY SAN MARCOS OF CAPACITY IN BUENA SANITATION DIS- TRICT'S ENCINA OUTFALL SEWER LINE FOURTH SUPPLEMENT TO BASIC AGREEMENT BETWEEN VISTA SANITATION DISTRICT, CITY OF CARLSBAD, BUENA SANITATION DISTRICT AND SAN MARCOS COUNTY WATER DISTRICT RE CONSTRUCTION OF AN EN- LARGEMENT TO THE ENCINA WATER POLLU- TION CONTROL FACILITIES OF THE JOINT SYSTEM, AUTHORIZING VISTA TO APPLY FOR AND RECEIVE AND DISBURSE FEDERAL GRANT AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND VISTA, CARLSBAD, BUENA AND SAN MARCOS FOR LEGAL SERVICES PROVIDED TO ADMINISTRATOR (CARLSBAD) AND JOINT ADVISORY COMMITTEE -3- o (B) Leucadia and Encinitas desire to transport their sewage to the Encina Water Pollution Control Facility (Unit I) and dispose of it through Unit I and the Ocean Outfall (Unit J). In order to provide the capacity required by Leucadia and Encinitas, as well as to provide additional capacity required by the other parties, it will be necessary to enlarge Unit I and to extend Unit J. (C) The governing bodies of Vista, Carlsbad, Buena and San Marcos have determined that it is in their best inter- ests that Leucadia and Encinitas be permitted to participate in the Encina Water Pollution Control Facility and Ocean Outfall upon the terms and' conditions set forth herein. (D) This Fifth Supplement to Basic Agreement is made pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1, of the Government Code of the State of California (commencing with Section 6500) relating to the joint exercise of powers common to public agencies, in this case being Vista, Carlsbad, Buena, San Marcos, Leucadia, and Encinitas, each of which is authorized to contract with the others pursuant thereto, NOW, THEREFORE, IN CONSIDERATION OF THE PROMISES AND MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. Leucadia and Encinitas Added. Leucadia and Encinitas shall become parties to the Agreements described in Recitals paragraphs (A) 1,3,5,6,7,8 and 12 and shall be bound thereby, subject to the terms and conditions hereinafter set -4- o forth. Section 2. Substitution of New Unit I and Unit J Schedules of Exhibit "C." There shall be substituted in the place of the Unit I and Unit J schedules of Exhibit "C" attached to the Agreements dated July 13, 1961, January 6, 1964, and March 22, 1965, new Unit I and Unit J schedules, copies of which are attached hereto as Exhibit "B" and made a part hereof. Section 3. Joint Project. The enlargement of Unit I and the extension of Unit J to provide the additional capacity required shall be a joint project by the parties to this Agree- ment. Vista is hereby appointed as the administrator of the joint project and is hereby authorized to prepare and file on behalf of the parties appropriate applications and other docu- ments for grants-in-aid of the joint project under state and federal laws and regulations. Section 4. Construction for Enlargement of Unit I and Extension of Unit J. (A) Vista shall include in the Project Report for the enlargement of Unit I and the extension of Unit J the alter- nates described herein. That is, the Project Report shall pro- vide for construction of the Unit I enlargement and the Unit J extension: (a) with Leucadia and Encinitas participating; and (alternatively), (b) without Encinitas participating. Leucadia and Encinitas shall advance to Vista the fees for engineering and related services required in connection with the preparation of the Project Report, as follows: -5- Unit I Unit J Leucadia 56% 67% Encinitas 44% 33% (B) Leucadia and Encinitas must hold successful bond elections or provide financing necessary for their participation in the Encina Water Pollution Control Facility and Ocean Outfall. The bond elections shall be held within four (4) months after notification that the Project Reports for Units I and J and the transmission facilities have been approved by the Division of Water Quality of the State Water Resources Control Board. When the bonds are approved in both elections, then Vista shall file the grant applications for the enlargement of Unit I and the extension of Unit J in coordination with the Leucadia-Encinitas grant application for transmission facilities. In the event the Project Report for the Leucadia-Encinitas transmission facilities/ Unit I enlargement, or the Unit J extension is not approved by the Division of Water Quality, then Leucadia, Encinitas, or the other parties may elect to terminate this Agreement. (C) After holding successful bond elections, Leucadia and Encinitas shall advance and deposit with Vista the design fee for preparation of plans and specifications necessary to file the grant applications for the Unit I enlargement and the Unit J exten- sion, as follows: Unit I Unit J Leucadia 56% 67% Encinitas 44% 33% -6- o Advertising for construction bids, opening of bids, and award of the construction contracts for the Unit I enlargement and the Unit J extension shall be coordinated with the Leucadia- Encinitas transmission facilities project to the end that constructions costs for all three projects will be known prior to the award of the construction contracts and the sale of bonds by Leucadia and Encinitas. Vista shall be the contracting agent of the parties for the construction of the Unit I enlarge- ment and the Unit J extension. In addition to their shares of construction costs, Leucadia and Encinitas shall advance con- struction progress payments for the Unit I enlargement and the Unit J extension-to the extent of the buy-in amounts due the other parties. Payments so advanced shall be offset against buy-in costs which shall be due to the other parties upon completion of construction of the joint project and connection of the transmission facilities thereto. The parties shall deposit with Vista their respective shares of the project cost prior to award of the construction contract. (D) In the event: (a) the low bids exceed the engineering estimate of the construction cost of the trans- mission facilities approved by Leucadia and Encinitas or will cause the cost of the Unit I enlargement or the Unit J extension to exceed the engineers' estimates that are approved by all parties; or, (b) the transmission facilities (excluding land and rights-of-way), the Unit I enlargement of the Unit J exten- sion fail to receive a grant offer of 50% or more; then Leucadia, Encinitas or the other parties may elect to: -7- o o (1) Provide additional funds to permit construction of the projects; or (2) Terminate this Agreement. If the Agreement is so terminated, the engineering fees advanced by Leucadia and Encinitas shall be forfeited unless the plans and specifications are used within five (5) years to build the facilities in which case the other parties shall repay to Leucadia and Encinitas an amount equal to the savings realized by the other parties, not to exceed the amount so advanced. (E) Federal and state grants-in-aid of construction shall be credited to all participating parties in the same pro- portion as their respective percentage contributions to the cost of construction of the applicable new facilities as set forth herein. (F) At such time as construction of the Unit I enlargement and the Unit J extension have been completed, any portion of the buy-in monies paid by Leucadia and Encinitas pursuant to this Agreement in excess of the amount required to pay the other parties' shares for constructing (including engineering design fees and inspection) the Unit I enlargement and the Unit J extension shall be held in trust' by Vista in a capital improvement fund to be used for future additions and improvements to the Encina Water Pollution Control Facility or Ocean Outfall for the benefit of all parties to this Agreement in proportion to their respective capacity rights at the time -8- o the money is so expended from said fund. (G) Encinijtas__may terminate its participation in this Agreement for any reason at any time prior to the time of its bond election. If Encinitas does so terminate, then -* the joint project and the applications for grants in connection therewith shall be modified to delete Enjcinitas, and the joint project shall proceed among Leucadia, Vista, Carlsbad, Buena and San Marcos. Should the Encinitas bond election fail to carry, then Leucadia may, at its option, proceed with the joint project among Leucadia, Vista, Carlsbad, Buena and San Marcos. Section 5. Participation by Leucadia and Encinitas. UNIT "I" Party Vista Carlsbad Buena San Marcos Leucadia Encinitas Unit I shall be enlarged from 6.75 MGD to 9.75 MGD. The capacity rights of each party in Unit I and each party's share of the cost of the enlargement shall be as follows: Existing Capacity Rights Share of Capacity Rights After Enlargement Increase Enlargement Costs 2.67 2.26 0.62 1.20 -0- -0- 6.75 MGD 3.05 2.43 0.62 1.40 1.25 1.00 9.75 MGD 0.38 0.17 -0- 0,20 1.25 1.00 3.00 MGD 12.67% 5.67% -0- 6.66% 41.67% 33.33% 100.00% o o Leucadia and Encinitas shall pay to the other parties the following amounts for the foregoing capacity rights in Unit I as it existed before its enlargement to 9.75 MGD: Party Receiving Payment To be Paid By Leucadia To be Paid By Encinitas Total Vista Carlsbad Buena San Marcos $ 69,125 58,625 16,100 31,150 $175,000 $ 55,300 46,900 12,880 24,920 $140,000 $124,425 105,525 29,980 56,070 $315,000 UNIT "J" Unit J shall be extended. The capacity rights of each party in Unit J and each party's share of the cost of the extension shall be as follows: Party Vista Carlsbad Buena San Marcos Leucadia Encinitas Existing Capacity Estimated Capacity Rights Estimated Rights MGD After Extension MGD 29.2% 2.34 16.67% 4.00 41.1% 3.28 28.66%. 6.88 13.0% 1.04 13.00% 3.12 16.7% 1.34 16.67% 4.00 -0- -0- 16.6.7% 4.00 -0- -Q- 8.33% 2.00 100.0% 8.00 MGD 100.00% 24.00 MGD Share of Extension Cost 16.67% 28.66% 13.00% 16.67% 16.67% 8.33% 100.00% Leucadia and Encinitas shall pay to the other parties the following amounts for the foregoing capacity rights in -10- Unit J as it existed before its extension: Party Party Receiving Payment 'To Be Paid By Leucadia To Be Paid By Encinitas Total Vista Carlsbad Buena San Marcos Section 6 . $112,000 111,000 -0- -0- $223,000 Participation $56,000 5.5,000 -0- -0- $111,000 by Leucadia. $168,000 166,000 -0- -0- $334,000 In the eve: Encinitas' participation in the Agreement is terminated as pro- vided above, then the joint project shall be modified in the manner hereinafter set forth and the joint project shall proceed among Leucadia, Vista, Carlsbad, Buena and San Marcos. UNIT "I" Unit I shall be enlarged from 6.75 MGD to 9.00 MOD. The capacity rights of each party in Unit I and each party's share of, the cost of the enlargement shall be as follows: Existing Capacity Rights Share of Capacity Rights After Enlargement Increase Enlargement Costs Vista Carlsbad Buena San Marcos Leucadia 2.67 2.26 0.62 1.20 -0- 6.75 MGD 3.12 2.56 0.62 1.45 1.25 9.00 MGD 0.45 0.30 -0- 0.25 1.25 2.25 MGD 20.00% 13.33% -0- 11.11% 55.56% 100.00% -11- Leucadia shall pay to the other parties the following amounts for the foregoing capacity rights in Unit I as it existed before the enlargement to 9.00 MGD: Party Receiving Payment Vista Carlsbad Buena San Marcos To Be Paid By Leucadia $ 75,100 63,600 17,500 33,800 $190,000 UNIT "J1 Unit J shall be extended. The capacity rights of each party in Unit J and each party's share.of the cost of the exten- sion shall be as follows: Party Vista Carlsbad Buena San Marcos Leucadia Existing Capacity Estimated Capacity Rights Estimated Rights MGDAfter Extension . MGD 29.2% 2.34 19.8% 4.75 41.1% 3.28 31.2% 7.50 13.0% 1.04 13.0% 3.12 16.7% 1.34 16.7% 4.00 -0- -0- 19.3% 4.63 100.0% 8.00 MGD 100.0% 24.00 MGD Share of Extension Cost 19.8% 31.2% 13.0% 16.7% 19.3% 100.0% Leucadia shall pay to the other parties the following amounts for the foregoing capacity right's in Unit J as it existed before its extension: -12- o Party To Be Paid Receiving Payment By Leucadia Vista $125,650 Carlsbad 132,350 Buena -Q- San Marcos -6- $258,000 Section 7. Plans, Specifications, Construction. The plans, specifications and contract documents for the Unit I enlargement and Unit J extension that Vista will cause to be prepared as administrator of the joint project shall be subject to the approval of the parties to this Agreement. Vista shall cause the construction work to be inspected and shall administer the construction contracts. Vista may approve individual change orders of $5,000 or less up to an aggregate of 10% of the construction contract without Joint Advisory Committee approval. All other change orders must be approved by the Joint Advisory Committee. No change orders shall be* approved Xinless adequate funds are available. Vista shall be the agent of the parties to this Agreement while acting as administrator of the joint project. Section 8. Maintenance and Operation. The Unit I enlargement and Unit J extension shall become part of the Encina Water Pollution Control Facility and Ocean Outfall and shall be operated and maintained as part thereof in accordance with the terms of the July 13, 1961, Basic Agreement. The cost -13- o of such administration, maintenance and operation (including overhead) shall be paid by the parties to this Agreement in accordance with Section 17.3 of the Basic Agreement. Leucadia and Encinitas shall pay, when due, their proportionate shares of the cost of all administration, maintenance and operation (including overhead) of Units I and J of the Encina Water Pollution Control Facility and Ocean Outfall in accordance with the provisions of Section 17.3 of the Basic Agreement. Section 9. Capacity Rights of Leucadia and Encinitas. Upon completion of the Unit I enlargement and Unit J extension and payment by Leucadia and Encinitas of the amounts provided in this Agreement, Leucadia and Encinitas shall thereupon have perpetual capacity rights to use Unit I and Unit J to the extent set forth in this Agreement. The interests of Leucadia and Encinitas under this Agreement .shall be limited to capacity rights. Leucadia and Encinitas shall not hold title to Units I and J. Leucadia and Encinitas shall not grant, encumber, limit or restrict their respective capacity rights nor seek to partition the same nor have any part thereof set apart in severalty nor use any part thereof for any purpose other than the disposal of sewage, without the prior consent of the other parties to this Agreement. Section 10. Joint Advisory Committee. Leucadia and Encinitas shall not be members of the Joint Advisory Commitee and shall not take part in the administration or operation of Units I and J. -14- o o Section 11. Areas To Be Served By Leucadia And Encinitas. No sewage outside the Leucadia and Encinitas service areas, as delineated on Exhibit "A" hereto, shall be discharged into Unit I unless approved by Vista, Carlsbad, Buena and San Marcos. Section 12. Effect of Fifth Supplement. The July 13, 1961, Basic Agreement shall continue in full force and effect as modified and supplemented by the other Agreements listed in Recitals paragraph (A) and by this Agreement. Section 13. Termination. Any party hereto may termi- nate this Agreement upon ninety (90) days written notice to the other parties if construction of the joint project'has not commenced by July 1, 1973. IN WITNESS WHEREOF, each party hereto has caused this Fifth Supplement to Basic Agreement to be signed by its respective officials heretofore duly authorized by the legislative bodies thereof. Dated: VISTA SANITATION DISTRICT -15- o Dated Dated: Dated Dated: Dated: ', J?'?/ CITY OF CARLSBAD By. Mayor ATTEST: _ ff?/~ APPROVED B^ THE DISTRICT BOARD OF DIRECTORS AUG171971^2^— City Clerk BUENA/S&NITATION DISTRICT Herk of the'Board of Directors SAN MARCOS COUNTY WATER DISTRICT By ^LEUCADIA COUNTY WATER DISTRICT President Secretary ENCINITAS SANITARY DISTRICT By President Sedr^rary CLERK OF THE DISTRICT 80A«D Of DIRECTOR -16- ' FtQl ' LEGEMe. S.CWD f x»s*wg Boundary l.CWO Proposed Service Area F. SO FSD Proposed Service 4n»o ramaft Bosir «ECK Y KU8OTA n,>•uMMMlJte. ^ , EXHIS\T Av STUDY AREA EXISTING DISTRICT BOUNDARIES AND DRAINAGE BASINS . o UNIT I ENCINA WATER POLLUTION CONTROL FACILITY Capacity Rights After Enlargement, Including Leucadia and Encinitas Capacity Rights After Enlargement, Including Leucadia Design Capacity of Unit I in MGD , Vista Carlsbad Buena San Marcos Leucadia Encinitas 9 3 2 0 1 1 1 .75 MGD .05 .43 .62 .40 .25 .00 9.00 MGD 3.12 2.56 0.62 1.45 1.25 None Percent Capacity in Unit I Vista Carlsbad Buena San Marcos Leucadia Encinitas 31 25 6 14 12 10 100 .28% .92 .36 .36 .82 .26 .00% 34.67% 28.44 6.89 16.11 13.89 None 100.00% EXHIBIT "B", Page One o UNIT J OCEAN OUTFALL Capacity Rights After Enlargement, Including Leucadia and Encinitas Capacity Rights After Enlargement, Including Leucadia Estimated Design Capacity of Unit J in MGD Vista Carlsbad Buena . San Marcos Leucadia Encinitas 24. 4. 6. 3. 4. 4. 2. 00 MGD 00 88 12 00 00 00 24.00 MGD 4.75 7.50 3.12 4.00 4.63 None Percent Capacity in Unit J Vista Carlsbad Buena San Marcos Leucadia Encinitas 16. 28. 13. 16. 16. 8. 100. 67% 66 00 67 67 33 00% 19.80% 31.20 13.00 16.70 19.30 None 100.00% EXHIBIT "B", Page Two EXHIBIT C TABLES SHOWING ALLOCATIONS OF CAPACITY & OWNERSHIP RIGHTS BY: VISTA SANITATION DISTRICT CITY OF CARLSBAD BUENA VISTA SANITATION DISTRICT SAN MARCOS COUNTY WATER DISTRICT IN JOINT SEWERAGE SYSTEM FEBRUARY Page 1 EXHIBIT C GENERAL INFORMATION AND REFERENCE DATA 1. Sewer Design Criteria: n « 0.013 (MANNING'S FORMULA) Sewer capacities are for peak flow conditions. 100 Gallons Per Capita per day (GPCPD) = (80 GPCPD SEWAGE FLOW + 20 GPCPD RESERVE CAPACITY OR WET WEATHER FLOW) Sewer designed to flow full at 100 GPCPD 2. Pump Station and Force Main Design Criteria: Design Flow in MGD • population served x 80 GPCPD x Peak flow ratio x 125% Wet Weather Flow 1,000,000 3. MGD equals mi 11 ion gal Ions per day k. Peak to average flow ratio based on population estimates for Vista, Carlsbad, and Buena Services Areas and by using Table 10-1 on Page 161 of the North Coastal San Diego County Sewerage Survey dated June I960. 5. Treatment Plant designed on basis of average daily flow with provision to expand to year 2000 estimated flow. 6. Ownership and Capacity Allocation in Treatment Plant based on First Stage Design Year populations. 7. The proposed capacity of the ocean outfall, as it relates to the diameter of the pipe, is to be based on an ultimate average daily flow of 2k MGD. When flows of this magnitude are reached effluent pumping is likely to be required during periods of peak flow. The distance the outfall is extended into the ocean for the first stage or initial design shall be adequate to effectively diffuse an average daily sewage effluent flow of at least 4.50 MGD. It is planned that the outfall would be further extended into the ocean when and as required. 8. For purposes of reconstruction each party shall pay in accordance with the percentage of unit capacity owned or to be acquired in Unit J. 9. No party to the Basic Agreement may use or discharge into the first design state of the ocean outfall (Unit J) any greater amount of sewage than it is authorized to discharge into the treatment plant (Unit I). Page 2 10. Based on present minimum rated capacity of primary sedimentation tanks, primary digester, and sludge drying beds. Remainder of major plant units have greater rated capacity. U. Estimated capacity of ocean outfall based on the Brooks concept of diffusion of sewage effluent in an ocean current. Critical factors used in rating the capacity of the outfall are: 12. Critical Velocity, Sewage Field width, Physical dilution coefficient, Sewage Field depth, Time of 90% Bacterial die-off Outfall length from MLLW, Diffuser length, Protection zone from MLLW, Net travel distance, Initial Coliform count of unchlorinated primary effluent Coliform count at protection zone U s 14 feet per minute, b = 100 feet C = 3.0 feet d i 40 feet 2/3 per hour. T90 = 2^ hours L « 5175 feet DI - 325 feet Zp = 1300 feet L' = 3550 C0 = 400,000 MPN per ml Ct ; MPN per ml The ultimate design capacity of the Ocean Outfall (Unit j) can be created only by extending the length of the Ocean Outfall seaward.- The percent of capacity in the ultimate design of the Ocean Outfall (Unit J) to be acquired and owned by each party is merely a projection computed on the assumption that each party to the Basic Agreement will participate in payment of the cost of any extension of Unit J in the same proportion that it owns capacity in the First Stage Design. Page 3 EXHIBIT Approximate Design Year Total Capacity of Unit In MGD (3) Estimate^ Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, '& Buen.a Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Owned By Buena n Reserve Capacity Owned By Vista - ; .MGD '" POPULATION EQUIVALENT Reserve Capacity Owned By Carlsbad - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Buena. - MGD POPULATION EQUIVALENT •""S, ...IT A- OUTFALL SEWER Between Vista Sewage Treatment Plant &. Carlsbad City Limits 2000 9.40 60,200 1.56 6.86 44,000 6.86 44,000 NONE NONE . NONE NONE 2.54 16,200 100 0 0 2.54 16,200 NONE NONE i NOMF NONE UNIT B OUTFALL SEWER Between Carlsbad City Limits & Pumping Station No. 1 2000 9.40 60,500 1.55 7.35 47,300 6.86 44,000 0.51 3,300 NONE NONE 2.05 13,200 93 7 0 1.91 12,300 0.1.4 900 NONE NONE Figures in parenthesis refer to paragraphs on Page 2._ Page -^- EXHIBIT ""C" JIT C Pumping Station No. 1 UNIT D Force Main No."1 - Near Buena Vista Lagoon Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, '& Buen.a Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad -Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year r MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Owned By Buena n Reserve Capacity Owned By Vista - •' .MGD '" POPULATION EQUIVALENT Reserve Capacity Owned By Carlsbad - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Bi^ena, - MGD POPULATION EQUIVALENT 1970+ 4.69 28,750 1.63 4.69 28,750 4.42 27,150 0.27 1,600 NONE NONE NONE NONE 94.5 5.5 0 NONE NONE NONE NONE NONE NONE Between Pumping Static No. 1 & Unit E Outfall 1970+ 4.69 28,750 1.63 4.69 28,750 4.42 27,150 0.27 1,600 NONE NONE NONE NONE 94.5 5.5 0 NONE NONE NONE NONE NPVr NONE Figures in parenthesis refer to paragraphs on Page 2«Page -5- EXHIBIT "»C" Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, & Buena Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Owned By Buena^ Reserve Capacity Owned By Vista - • .MGD POPULATION EQUIVALENT Reserve Capacity Owned By Carlsbad - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Bi^ena - MGD POPULATION EQUIVALENT n-tfifSTj. ^ITE- OUTFALL SEWER Between Discharge Point of Force Main No. 1 & Entry of Flow from Carlsbad Sewage Treatment Plant 2000 12.0 78,800 1.53 9.25 60,500 6.73 44,000 2.52 16,500 NONE NONE 2.75 18,000 72.7 27.3 0 2.00 13,100 0.75 4,900 - NONE NONE UNIT F- INTERCEPTOR SEWER - Between Point of Entr of Flow From Carlsbad Sewage Treatment Plan & Junction with Aqua, Hedionda Sewerj 2000 13.80 90,700 1.52 10.68 70,200 6.70 44,000 3.98 26,200 NONE NONE 3.12 20,500 62.7- 37.3 0 1.96 12,800 1.16 7,700 NONE NONE Figures in parenthesis refer to paragraphs on Page 2.-Page -6 - EXHIBIT ""C" Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, '& Buana Service Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista % Unit Owned By Carlsbad % Unit Owned By Buena i Reserve Capacity Ossned By Vista - ; bMGD ' '"' POPULATION EQUIVALENT Reserve Capacity Owne'd By Carlsbad - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Buena_- KGD POPULATION EQUIVALENT '"•wfllT G PUMPING STATION NO. 2 Agua Hedionda Lagoon 1970+ 7.92 51,100 1.55 7-92 5i,i on 4.71 30,400 3.21 20.70Q NONE NONE NONE NONE 59.5 40,5 0 NONE NONE NONE NONE NONE NONE FORCE MAIN NO. 2 Between Pumping Sta- tion No. 2 & Unit H Interceptor Sewer 20UU - Vista' ]o,S^ _ f^ri^d 13.70 90,700 1.51 13.70 90.700 6.64 44,000 5.55 36,700 NONE NONE 1 .51 10.000 59.5 40.5 0 1.51lo.doo NONE NONE NONE NONE Figures in parenthesis refer to paragraphs on Page 2,•Page'- 7- EXHIBIT "C" T H- INTERCEPTOR SEWER - Between Junction Point of Aqua Hedionda Sewer & Encina Sewage Treatment Plant Approximate Design Year Total Capacity of Unit In MGD (3) Estimated Equivalent Population Capacity of Unit Peak To Average Flow Ratio (4) Total Estimated Capacity Required For Vista, Carlsbad, & Buen,a Service . Areas At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit Owned By Vista . % Unit Owned By Carlsbad % Unit Cvmed By Buena _ Reserve Capacity Owned By Vista - •• .MGD POPULATION EQUIVALENT Reserve Capacity OwneoV By Carlsbad - MGD 2000 21 .00 139JOO 1.51 13-75 Ql .100 6.64 44,000 7.1147, ioo NONE NONE 7.25 48,000 48.3 5K7 0 i 3.50 j 23,200 I 3.75 Reserve Capacity Owned By Byena. - KGD POPULATION EQUIVALENT NONE NONE i Figures in parenthesis refer to paragraphs on Page 2 Page -8- EXHIBIT "C" ' .JNIT ENCINA WATER POLLUTION CONTROL FACILITY Capacity Allocation Capacity Allocation before enlargement after enlargement excluding San Marcos including San Marcos Approximate Desiqn Year Total Capacity of Unit in MGD (3) Estimated Equivalent Population Capacity of Unit Peak to Average Flow Ratio (4) Total Estimated Capacity Required for Vista, Carlsbad, Buena and San Marcos Service Areas at Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required for Vista Service Area at Design Year - MGD POPULATION EQUIVALENT . Estimated Capacity Required for Carlsbad Service Area at Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required for Buena Service Area at Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required for San Marcos Service Area at Desiqn Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity At Desiqn Year - MGD POPULATION EQUIVALENT %Unit Owned By Vista %Unit owned by Carlsbad % Unit owned by Buena % Unit owned by San Marcos 1970+ 4.5 (5) (10) 56,250 1.54 4.5 56,250 2.17 27,150 1.83 22,850 0.50 6,250 None None None None 48.2 (6) 40.7 (6) 11.1 (6) 0 1975+ 6.75 84,375 1.51 6.75 84,375 2.67 33,375 2.26 28,250 0.62 7,750 1.20 15,000 None None 39.5 33.5 9.2 17.8 Figures in parenthesis refer to paragraphs on Page 2.and 3. Page -9- EXHIBIT '"C" Approximate Design Year Total Capacity of Unit In MGD ' . 3n- j. OCEAN OUTFALL Excluding San Marco Fi rst Stage Design 1970+ (3) 8.00 (!1) Estimated Equivalent Population Capacity of Unit 100,000 Peak To Average Flow Ratio (4)1,50 Total Estimated Capacity Required j For Vista, Carlsbad, 8. Buena Service jj Areas At Design Year - MGD ' | ^-50 (7) POPULATION EQUIVALENT Estimated Capacity Required For Vista Service Area At Design Year - MGD • POPULATION EQUIVALENT Estimated Capacity Required For Carlsbad Service Area At Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required For Buena Service Area At Design Year - MGD | 56,250 I 2.17 1 27,150 1 ' 1 -S3 'l 22,850 1 1 0-50 POPULATION EQUIVALENT 1 6,250 Estimated Reserve Capacity At Design Year - MGD POPULATION EQUIVALENT % Unit iCapacity Owned by Vista i 3.50 : , Ul ti irate Desi gn 2000+ 24.0 300,000 1.50 11.38 142,200, 3.52 44,000 4.74 59.200 3-12 39,000 12.62 1 43,750 1 157.800 1 36.1 (8) (9) ___ i % Unit Capacity Owned by Carlsbad < . 50.9 (8) (9) % Unit Capacity Owned by Buena Reserve Capacity Owned By Vista - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Carlsbad - MGD POPULATION EQUIVALENT Reserve Capacity Owned By Bi^ona. - MGD POPULATION EQUIVALENT 3&.1 50.9 1 13.0 (8) (9) 1 13-0 0.72 1 5.14 I 9.000 1 64,300 . i • I1 2.24 1 j.i-'.S 1 28,000 i 93,^00 1 1 0.54 I 6,750 (12) (1?) (12) 0 0 Figures in parenthesis refer to paragraphs on Page 2 and 3-Page - 10 EXHIBIT "C" UNIT J OCEAN OUTFALL INCLUDING SAN MARCOS Fi rst Stage Design Ultimate Design Approximate Design Year Total Capacity of Unit in MGD Estimated Equi valent Population Capaci ty of Uni t Peak to Average Flow Ratio (4) Total Estimated Capacity Required for Vista, Carlsbad, Buena and San Marcos Service Areas at Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required for Vista Service Area at Design Year - MGD POPULATION EQUIVALENT . Estimated Capacity Required for Carlsbad Service Area at Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required for Buena Service Area at Design Year - MGD POPULATION EQUIVALENT Estimated Capacity Required for San Marcos Service Area at Design Year - MGD POPULATION EQUIVALENT Estimated Reserve Capacity at Design Year - MGD POPULATION EQUIVALENT % Unit Capacity Owned by Vista % Unit Capacity Owned bv Carlsbad % Unit Capacity Owned by Buena % Unit Capacity to be acquired by San Marcos Reserve Capacity Owned by Vista, MGD POPULATION EQUIVALENT . Reserve Capacity Owned by Carlsbad, MGD POPULATION EQUIVALENT Reserve Capacity Owned by Buena, MGD POPULATION EQUIVALENT Reserve Capacity Owned by San Marcos - MGD POPULATION EQUIVALENT 1975 8.00 (11) 100,000 1.50 6.42 80,250 2.3^ 29,250 2.26 28,250 0.62 7,750 1.20 15,000 1.58 19,750 29.2 (8) (9) 41.1 (8) (9) 13.0 (8) (9) 16.7 (8) (9) None None 1.02 12,750 0.42 5,250 0.14 1,750 2000+ 24.0 300,000 1.50 15.38 192,250 3.52 44,000 4.74 59,250 3.12 39,000 4.00 50,000 8.62 107,750 29-2 (12) 41.1 (12) 13-0 (12) 16.7 (12) 3.50 43,750 5.12 64,000 None None None None Figures in parenthesis refer to paragraphs on Page 2.and 3. Page-11- EXHIBIT "D" PONTO-BATIQUITOS SERVICE AREA That certain area of land in the County of San Diego, being a portion of Sections 21, 22, 23, 26, 2?, 28, 29, 32, 33, 3^ and 35, Township 12 South, Range 4 West, S. B. M,, and lying within the following described boundary? Beginning at the intersection of the North-South center line of said Section 23 with the Southerly boundary line of the Encinas Drainage Basin as shown on Exhibit "A"; thence Westerly along said boundary line to a point of intersection with the Mean High Tide line in said Section 29; thence Southerly along the Mean High Tide line of said Sections 29, 32 and 33 to a point of intersection with the Southerly boundary line of the "Carlsbad Municipal Water District", as said boundary existed as of May 1, 1961; thence Easterly along said boundary being also a line which follows approximately along the Southerly shore line of the Batiquitos Lagoon to a point of intersection with the North-South center line of said Section 35; thence Northerly along the North-South center lines of said Sections 35, 26 and 23 to the point of beginning.