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Home My WebLink About1981-09-22; City Council; 6753; Agreement Vista Sanitation and SDG&Efy CARLSBAD - AGEND/QlLL 1* ARtt (tV-SS MTG. 9/22/81 DPPT.CM TITLE: ai"|TPtJCM3T "7 aT'Tn'M "Pfl \7TCTA CaMTTaTTOM^ ' ' ^*" jf\U J.n\JK±ijAl XULN 1VJ VJ.i3i.ri. O/VLNX Iril J.U1N DISTRICT TO EXECUTE AGREEMENT WITH SAN DIEGO GAS AND ELECTRIC FOR GAS LINE EXTENSION. DEPT. HD. CITY ATTYvGP CITY MGR.-2^_ Du Q- O5 Oz3 OO RECOMMENDED ACTION: Approve Resolution No. (p &authorizing Vista Sanitation District to execute Agreement with San Diego Gas and Electric for Gas Line Extension. STATEMENT: The JAC discussed and approved an agreement with 'San Diego Gas and Electric to install a gas line extension at Encina Water Pollution Control Facility. The City Council needs to approve the attached resolution to authorize the Vista Sanitation District to enter into the agree- ment with San Diego Gas and Electric. Exhibit 1. Letter from Roy Gann dated September 12, 1981. 2. Resolution No. fa A <J ROY H. GANN ATTORNEY AT LAW 333 SOUTH JUNIPER, SUITE 214 POST OFFICE BOX 788 ESCONDIDO, CALIFORNIA 92025 AREA CODE 714 TELEPHONE 743-3022 September 12, 1981 Mrs Mary Casler c/o City of Carlsbad 1200 Elm Ave. Carlsbad, CA 92008 Re: Authorization to VSD to execute agreement with S.D,G & E, for gas line extension (EWPCF) Dear Mrs Casler; Enclosed please find a Resolution whichs when adopted, authorizes the Vista Sanitation District to enter into the agreement with San Diego Gas and Electric Company for the installation of a gas line extension at the EWPCF and to provide service to said facility. As you will recall, the agreement was discussed and approved at the last regular meeting of the Joint Advisory Committee. The resolution is required because of the fact that no document heretofore executed by members of the Joint Powers authorizes VSD to enter into the proposed agreement. It is respectfully requested that upon adoption of the Resolution, a certified true copy thereof be sent to the Clerk of the Board of Directors of VSD in order that said district execute the Agreement at the earliest possible time Your cooperation is appreciated. Very truly yours, RHG/rg cc All members of JAC W RESOLUTION NO. 6680 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING EXECUTION BY VISTA SANITATION DISTRICT OF AN AGREEMENT WITH THE SAN DIEGO GAS AND ELECTRIC COMPANY ON BEHALF OF THE ENCINA JOINT POWERS WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County Water District, San Marcos County Water District, Buena Sanitation District and Encinitas Sanitary District, are parties to a Joint Powers Agreement ("BASIC AGREEMENT"), which provides for the ownership, operation and maintenance of a joint sewer system commonly known as the ENCINA WATER POLLUTION CONTROL FACILITY, (EWPCF); and WHEREAS, pursuant to an agreement of all members of the Joint Powers, the Vista Sanitation District is the Administrator of the Phase III unpgrading and enlargement of said EWPCF presently in progress ; and f-' WHEREAS, as part-of said Phase III upgrading and enlargement it is necessary for the Joint Powers to enter into an agreement with the San Diego Gas & Electric Company for the installation of a gas line extension, as well as for service to the EWPCF; and WHEREAS, the Vista Sanitation District is the proper entity to execute such agreement on behalf of the Encina Joint Powers; and WHEREAS, it is necessary that each member of the Encina Joint Powers provide specific authorization to Vista Sanitation District to enter into the aforesaid agreement; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein by reference; and WHEREAS, execution of said agreement is for the best interest of this City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD as follows: 1. That the City of Carlsbad hereby authorizes the Vista Sanitation District to execute the agreement with the San Diego Gas & Electric Compay, a copy of which is attached to this Resolution and incorporated herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun- cil on the 22nd day °f September < 1981, by the following vote, to wit: AYES: Council Members Packard, CAsler, Anear, Lewis and Kulchin NOES: None ABSENT: None /""~ ATTEST: ALETHA L. RAUTEMRANZ, City Clerk RONALD C. PACKARD, Mayor -2- ^/Submitted to Applicant By; KIRK P. FINK AGREEMENT FOR GAS EXTENSION TO AND WITHIN NEW SUBDIVISIONS OR DEVELOPMENTS This Agreement is made and entered into, by and between SAN DIEGO GAS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and Enclna Joint Powers , hereinafter called "Applicant". Whereas, Applicant requests Utility to furnish Gas Service to the premises known as Encina Water Pollution Control Facility located at 620° Avenida Encina, Carlsbad, CA 92008 __ , therefore, In consideration of the mutual promises herein, the pai-ties , f agree as follows: 1. Utility shall construct, own, operate, and maintain a gas extension, more particularly delineated upon the map attached hereto. 2. Applicant shall advance cash in the sum of $97,000 for the extension hereunder, as computed in Appendix A, receipt of which is hereby acknowledged by utility. Utility agrees to refund any refundable advanced made in accordance with its Extension Rules in effect as of the date of this Agreement. 3. If within 60 days after the effective date of the Contract Documents the Applicant has not started to perform the work required by the Contract Documents, the Contract Documents shall terminate and become void. In that event, Utility shall return the above cash advance and all of Utility's obligations under the Contract Documents shall cease. 1*. Once Applicant has started to perform the work required by the Contract Documents, Applicant agrees to exercise reasonable diligence in pursuing such work to completion within one year after the effective date of the Contract Documents. If such work has not been completed within 106--18UOC one year after the effective date of the Contract Documents, Utility shall have the right, upon giving vritten notice to Applicant, to cancel and terminate the Contract Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall return to Applicant an amount equal to the above cash advance minus Utility's coats. "Utility's cost" is defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection vith • work done in furtherance of Applicant's project, plus the actual cost of removing any of the Utility installed facilities vhich Utility desires to salvage, minus the salvage value of such facilities. In the event Utility's costs exceed the above cash advance, Applicant agrees to pay Utility a sum equal to the amount by vhich the Utility's costs exceed the advance. Upon exercise of its right to cancel and terminate and upon payment to Appli- cant, all of Utility's obligations under the Contract Documents shall cease. 5. Applicant shall, upon Utility's request, execute Utility's standard form easements for the construction, service, presence, maintenance or inspection of Utility's facilities as may be required hereunder. 6. No refund payment will be made by Utility in excess of the refundable amount advanced by Applicant, nor after a period of ten years from the date the Utility is first ready to render service from the extension. Any unrefunded amount remaining at the end of the ten-year period will become the property of the Utility. 7. This Agreement may be assigned by Applicant only upon the assignee's written acceptance of said assignment, and the prior approval of Utility as evidenced by written endorse- ment thereon; however, such approval shall not constitute a release of Applicant's obligation hereunder unless expressly so provided in said endorsement. Utility may refuse to accept an assignment of this Agreement unless .executed on a form furnished and approved by Utility. 8. Applicant shall be governed by Utility's applicable Rates and Rules on file with the California Public Utilities Commission, which Rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicant on request. This Agreement shall at all times be subject to such changes or modifications as said Commission may, from time to time, direct in the exercise of its Jurisdiction. 2 of 3 106-18UOC 11-26-75 10. If Applicant is a corporation, partnership, Joint venture or a group of individuals, the subscriber hereto repre- sents that he has the authority to bind said corporation, partners, Joint venture or individuals, as the case may be. The Contract Documents shall become effective only upon the date signed by the authorized representative of Utility. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers. APPLICANT: By SAN DIEGO GAS & ELECTRIC COMPANY, a corporation By. Address: Authorized Signature-Utility Date: June 15, 1981 Date: 3 of .3 106-18 UOC Encina Joint Powers Date of Agreement APPENDIX A I. Data Pertaining to This Installation Order No. Date Utility Ready to Render Service Summer 1982 1. Total Estimated Cost Advanced for This Installation "Jjfr~*>~~&s*- $ 97 »OOP II.' Record of Advances for This Installation Name Address Refundable Amount Advanced $ Percent of Total Total $ III. Record of Refunds Made Under This Agreement Date Lot Set No.Address Refunds Added Individual Total Date Balance COPY