HomeMy WebLinkAboutVista, City of; 1988-07-14;e a
City of Carlsbac
December 6, 1989
Mr. Morris Vance City of Vista
600 Eucalyptus Avenue Vista, California 92084
Attention : Peter Nieblas
Subject: Vista/Carlsbad Wastewater Treatment Capacity
Lease Agreement
Dear Pete:
As you know, on September 13, 1988 the Carlsbad City Council approvec
the subject Lease Agreement with the City of Vista securing up to 1.2 million gallons a day of wastewater treatment capacity.
Because of Carlsbad's decrease in flow and Encina's interim increase in
capacity and initiation of the Phase IV expansion, we recommended that
the Lease be terminated.
The City Council aplproved termination of the Lease Agreement at its met ing of December 5, 1989. Attached is a copy of Resolution No. 89-421
which provides for 30 days' written notice.
LBH/pmj Att.
c: City Manager
City Attorney
Community Development Director
City Clerk's Office---
Richard W. Graff, EWPCF
2075 Las Palmas Drive - Carlsbad, California 92009-4859 - (619) 438-1
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RESOLUTION NO. 89-421
A RESOLUTI0,N OF THE CITY COUNCIL OF THE CITY OF CARLS CALIFORNIA, AUTHORIZING THE CITY ENGINEER TO EXECU' NOTICE TO THE CITY OF VISTA OF TERMINATION OF WASTEWATER TREATMENT CAPACITY LEASE AGREEMENT APPR( SEPTEMBER 13, 1988.
WHEREAS, the City of Carlsbad no longer requ
additional wastewater treatment capacity provided by thc
Vista pursuant to the Wastewater Treatment Capacity Lease i
approved September 13, 1988; and
WHEREAS, the Wastewater Treatment Capacity Lease 1
requires the City of Carlsbad to provide the City of Vis.
(30) days written notice prior to termination of the lea
NOW, THEREFORE, BE IT RESOLVED, by the City Counc:
City of Carlsbad, California, as follows:
1. That the above recitations are true and correc
2. That the City Engineer is authorized to execute
(30) day written notice to the City of Vista that the
Carlsbad is terminating the Wastewater Treatment Capac.
Agreement approved on September 13, 1989, pursuant to ter
agreement.
PASSED, APPROVED AND ADOPTED at a regular meetin
Carlsbad City Council held on the 5th day of December
by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine and Lars
NOES: kne
ABSENT: None
ATTEST:
Uw, 2 ! l?cz/.2L/ u- ALETHA L. RAUTENKRANZ, City Clbrk (SEAL)
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1200 ELM AVENUE TE CARLSBAD, CALIFORNIA 92008 (61s
Office of the City Clerk ai1g of aarlBlJab
September 15, 1988
Jo Seibert, City Clerk
City of Vista
P.O. Box 1988
Vista, CA 92083
Re: Wastewater Treatment Capacity Lease Agreement
The Carlsbad City Council, at its meeting of September 13, 1988,
approved the above-referenced agreement between the City of
Carlsbad and the City of Vista.
Enclosed is a copy of the agreement which has original signatures
of City of Carlsbad Officials.
original document, please have this document signed by City of
Vista Officials and keep it for your files.
other original document for our records.
Also enclosed for your records is a copy of the fully executed
agreement as well as a copy of Resolution No. 88-334 which approved
the agreement.
If you require a fully executed
We have retained the
YFLrY v Deputy City Clerk
Encs.
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WASTEWATER TREATMENT CAPACITY LEASE AGREEMENT
This Agreement is made and, entered into to be
effective &-, 1988 by and between the City of Vista (hereinaf-A") and the City of Carlsbad (hereinafter
If CARLSBAD" ) .
, RECITALS
A. VISTA has wastewater treatment capacity in the
portion of this wastewater treatment capacity not encumbered
by prior Lease commitment is temporarily available for use
by CARLSBAD for an interim period of time.
Encina Water Pollution Control Facility ("ENCINA") . A
B. CARLSHAD acknowledges that the future needs of
VISTA require that the wastewater treatment capacity
transferred therein be returned to VISTA upon the
termination of this lease.
C. CARLSBAD desires to obtain treatment capacity to
cover the time period until Phase IV expansion of ENCINA PLANT is completed or other capacity is obtained.
D. CARLSBAD acknowledges VISTA'S rights and
responsibilities under existing Leases currently in effect
with the Leucadia County Water District, the City of
Oceanside and the Buena Sanitation District.
E. The Leucadia County Water District currently has a lease of capacity from VISTA for 1.2 million gallons per day
average annual dry weather flow (m.g.d.a,a.d.w.f.). This lease will expire at or before the start of Phase IV
construction. At the present time, Leucadia is sending no
flow to Vista under this lease.
F. The City of Oceanside currently has a lease of
capacity from VISTA for a maximum of 2.15 m.g.d.a.a.d.w.f.
to serve the area of Oceanside south of Highway 78. The
m.g.d.a.a.d.w.f. At the present time, Oceanside is sending
no flow to VISTA under this lease.
estimated flow from this area currently is 0.8
G. The Buena Sanitation District currently has a lease of capacity from VISTA for 0.3 m.g.d.a.a.d.w.f.
Buena is utilizing the entire 0.3 m.g.d.a.a.d.w.f. under
this lease.
NOW THEREFORE, in consideration of the mutual covenant:
and conditions herei.n contained, the parties hereto agree ai
follows:
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1. Transfer of Treatment Capacity, VISTA
hereby leases to CARLSBAD and CARLSBAD hereby leases fron
VISTA a portion of VISTA'S wastewater treatment capacity in
ENCINA in conformance with all the terms and conditions of
this lease. The amount of capacity leased shall vary based
on CARLSBAD'S flow in excess of ENCINA capacity as reportec
on ENCINA flow and EDU reports. At no time shall the leasec
amount exceed 1,200,000 gallons per day average daily drj
weather flow (g.p.d.a.d.d.w.f.).
2. Term of Lease. This lease shall begin upon
approval by both agencies.
3. Termination of Lease. This lease shall
terminate when any of the following occur:
a. VISTA provides written notice to thai
VISTA in its sole reasonable discretion need:
the capacity leased to CARLSBAD. CARLSBAI
then has 180 days to replace the capacit:
through the following means:
(1) Activation of Lake Calavera Hills Water
(2) Transfer of such flows for treatment by
(3) Provision of Lease Agreement with other
Reclamation Plant.
the City of Oceanside.
Encina Joint Powers member agencies.
b. The ENCINA Phase IV project is completed.
c. CARLSBAD provides 30 day written notic
to VISTA that CARLSBAD at its sole reasonabl
discretion does not need the capacity.
4. Encina Re-Rate. VISTA and CARLSBAD agree to
pursue the re-rating of ENCINA to obtain additiona
treatment capacity.
5. Buena Sanitation District Flows. This Agreement
will not limit in any way VISTA'S ability to make lease
with the Buena Sanitation District to meet Buena's shortfal
of capacity. Any capacity leased to Buena Sanitatio District will be assumed, for the purpose of this lease, t
be flow derived from VISTA. . 6. Oceanside Flows. Any flow from the City of
Oceanside provided for in the VistalOceanside Flow Transfe
Agreement dated October 24, 1984, shall also be viewed, fo
the purpose of this lease, as flow from VISTA.
7. Activation of the Lake Calavera Hills Water
Reclamation Plant. Prior to July, 1989, CARLSBAD shal
perform a 60-day operational test of the Lake Calavera Hill
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Water Reclamation Plant. This test will include 30 days of operation with wastewater. All costs associated with the
testing, repair and operation of the Lake Calavera Hills
Water Reclamation Plant shall be borne by CARLSBAD.
8. Flow Determination. Flow quantities for
purposes of this agreement shall be based on measurements
reported in the monthly Encina Flow Report. CARLSBAD within
180 calendar days of execution of this lease shall install
an ADS (brand) or equivalent acceptable meter at the outfall
of the VISTA/CARLSBAD trunk into ENCINA. VISTA within 180
calendar days of execution shall install an ADS (brand) or
equivalent acceptable meter at the VISTA metering station on
the VISTA/CARLSBAD trunk. Measured flow shall be
periodically verified through comparison with equivalent
dwelling unit (EDU) information utilizing a flow rate of 210
gallons per EDU in both cities.
9. Payment. From the effective date of this lease
CARLSBAD shall pay:
(a) A capacity availability charge for the first
year's lease of $30,000.00. Said charge is to increase each
year thereafter by an additional $30,000.00 per year to a
maximum annual charge of $150,000.00 per year. The first
payment is due upon execution of the lease and all
subsequent payments are due on the annual anniversary of
this agreement.
(b) When CARLSBAD'S flow at ENCINA exceeds its
capacity, CARLSBAD shall also pay ENCINA operation and
Maintenance costs associated with such excess flow as
determined by the lluse'l component of the ENCINA Budget and
any adjustments thereto approved by Encina.
10. Ocean Outfall Capacity. VISTA shall have the
option of leasing outfall capacity for $19,000.00 per year
payable only upon exercise of the option, 1988 dollars to be
adjusted for inflation pursuant to the ENR index, for eacf one million gallons per day peak flow. The lease of outfall
capacity shall be accomplished by a written agreement
between VISTA and CARLSBAD. The terms shall include the
terms of this Agreement as appropriate. This option shall
expire when the lease of treatment capacity expires as
provided for in Section 3 of this agreement.
11. Hold Harmless. CARLSBAD shall indemnify and hold VISTA harmless from any claims, losses, liabilities, 01
other damages due to capacity infringements, whether by act,
error, or omission, on leased or owned capacity of other
agencies due to CARLSBAD'S use of capacity under this Agreement. CARLSBAD shall likewise indemnify and hold VISTF
harmless from any claims, losses, liabilities or other
damages for CARLSBAD'S inability to meet the conditions of
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section 3(a) of this Agreement. All indemnifications and
holding harmless in this paragraph shall include such costs
as administrative fines and attorney fees, as well as any
other costs.
12. Nonassignment. Neither this agreement nor the
rights, obligations and duties of either party may be
assigned, hypothecated, encumbered or transferred without
the prior written approval of the other party.
13. Binding Nature. This Agreement and its terms,
convenants and conditions shall apply to, inure to the
benefit of, and bind the successors and assigns of the
parties hereto.
14. Entire Agreement. This Agreement represents
the entire agreement between the parties, superseding and
replacing any prior negotiations, discussions or agreements
of the parties relation to the subject matter hereof.
15. Amendment. This Agreement may be amended
at any time by an agreement in writing signed by both parties.
16. Attorney's Fees. In the event of litigation to
interpret or enforce the terms of this Agreement, the
prevailing party shall be entitled to recover its reasonable
attorneys' fees in addition to costs.
17. Written Notice. Any notice or other instrument
required by this agreement shall be deemed delivered if
deposited, certified mail, in the United States mail and addressed as follows:
'I V IS T A"
City of Vista
600 Eucalyptus Avenue Vista, CA 92083
Attn: City Manager
'I CARL S B A D "
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attn: City Manager
Notice of a change of address shall be delivered in the
same manner as any other notice provided by this paragraph,
but shall not be deemed effective until received by the
other party to this agreement.
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IN WITNESS WHEREOF, the parties have hereto executed
this Agreement the day and year first hereinabove written.
CITY OF CARLSBAD CITY OF VISTA 7
”+ L &LZ%Y&A GLORIA E. MC CLELLAN, MAYOR
ATTEST: ATTEST:
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ALETHA JLz&!Z&*> L. EUUTENKRANZ, City lerk
JO SEIBERT, CITY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
City Attorney
e a
September 13, 1988
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
Attention: Frank - Engineering Department
RE: RESOLUTION 88-203 - WASTEWATER TREATMENT CAPACITY LEASE AGREEMENT
Enclosed is a copy of Resolution 88-203 adopted by the City Council at a regular meeting held Monday, September
12, 1988.
Enclosed also is the Lease Agreement signed by Mayor
McClellan. Please return a fully executed original. for
our files.
Very truly yours,
4; c &-,{ & y. J
P
*'Jo Seibert City Clerk
JS : mr
Encls.
cc: Deborah Jordan, Engineering Tech.
600 EUCALYPTUS AVENUE 0 P 0 BOX 4988 B VISTA, CALIFORNIA 92083 0 619/726-1340
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RESOLUTION NO. 88- 203
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VISTA
CALIFORNIA, APPROVING WASTEWATER TREATMENT CAPACITY Ll
AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF CAR
BE IT RESOLVED by the City Council of the City of
California, that that certain AGREEMENT:
WASTEWATER TREATMENT CAPACITY LEASE
AGREEMENT BETWEEN THE CITY OF VISTA AND THE CITY OF CAF
now in the hands of the City Clerk be, and the same is hc
approved, and the Mayor is authorized and directed to ex(
same in the name of and on behalf of the City of Vista.
PASSED AND ADOPTED by the City Council of the Cit:
Vista, at a regular meeting thereof held on the 12th day
September, 1988, by the following roll call vote:
AYES : COUNCILPERSONS : ASMUS, RAPPAPORT, SMITH, WADE &
NOES : COUNCILPERSONS : NONE
ABSENT: COUNCILPERSONS: NONE
ATTEST:
1 4 i ‘4 J [A. &by&/&
J0*4E&i, CITYk.ERK