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Home My WebLink About1986-06-17; City Council; 8664; AUTHORIZATION OF AGREEMENT WITH OLIVENHAIN MUNICIPAL WATER DISTRICT TO PROVIDE WATER SERVICE TO STAGECOACH PARK.. ,. c3 w 3. 0 cr= a" < 2 0 F 0 a d 0 z 3 0 0 w a ); ., , 4 -c CITY OF CARLSBAD - AGENDA BILL c AB# n. b L! OLIVENHAIN MUNICIPAL WATER DISTRICT TO .MTG. 6/17/86 DEPT. HD TITLE: AUTHORIZATION OF AGR.EEPnENT FJITH CITY MGI PARK. DEPT. P & R CITY ATT' PROVIDE WATER SERVICE TO STAGECOACH ~~ ~~ RECOMMENDED ACTION: Adopt Resolution NO, fib/# approving an agreemmt between the Ci Carlsbad and the Olivenhain Municipal Water District to provide water service to Stagecoach Park. ITEM EXPLANATION: The 28 acre Stagecoach Park site which is currently under construc is located within the jurisdiction of the Olivenhain Municipal Wat District. The District will be providing water both to irrigate a portion of the park and to provide potable service to the public facilities. In order to establish water service to Stagecoach Park, it is necessary for the City of Carlsbad and the Olivenhain Municipal Water District to enter into an agreement. City staff, consisting of the Parks Superintendent and the Director of Utilities Maintena together with the Olivenhain Municipal Water District Assistant General Manager have reviewed and revised the attached agreement. tion is recommended so as to expedite the installation of water meters and service to the Stagecoach Park site. FISCAL IMPACT: 1. Administration, Engineering Checking Fees $1 , 000 2. Water meter installation (two 3-inch) $3,500 3. Connection fees Both parties are in accord with the agreement and Council authoriz meter "A" - 66 F.U.V. 66/30 = 2.2 x $1500 = $3300 irrigation (flat rate) = $2288 $5,588 irrigation (flat rate)= $2,288 $13,138 $23 , 226 meter "B" - 217 F.U.V. 217/30= 7.23 x $1500~ $10,850 The District's connection fee policy with respect to commercial/ industrial projects is to equate the Fixture Unit Value (F.U.V.) the F.U.V. of the project and charge connection fees in proportion The irrigat-&on factor is a separately chargeable flat rate per meter size. Funds are available in account no. 320-820-1824-3191 (Stagecoach Park Public Facilities Fee). EXHIBITS : A. Agreement to provide water service to City of Carlsbad, of a standard single family residence (30 F.U.V.) as compared to Stagecoach Park, -,-X, RESO La 7p.d N 0. (%6 '7, .. 1 e 0 RESOLUTION NO. 8614 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE OLIVENHAIN MUNICIPAL WATER DISTRICT FOR PROVIDING WATER SERVICE TO STAGECOACH PARK 5 1. That an agreement between the City of Carlsbad an( 7 WHEREAS, the City Council of the City of Carlsbad, 6 California, does hereby resolve as follows: 8 service to Stagecoach Park, a copy of which is attached heretc 9 the Olivenhain Municipal Water District for providing water 10 as exhibit A and made a part hereof, is hereby approved. 11 2. That the Mayor of the City of Carlsbad is hereby 12 , day of June 1986, by the following vote, to wit: 16 City Council of the City of Carlsbad, California, held on the 15 PASSED, APPROVED AND ADOPTED at a regular meeting of ’ 14 Carlsbad. 13 authorized to execute said agreement on behalf of the City of I I? I1 AYES: Council Members Casler, Lewis, Kulchin, Chick and Petti l8 il NOES: None I 19 I 20 21 ABSENT : None ..I L 44- MARY CA@ER, Mayor 22 AL@ RALJTgK-tierk 2 23 i 11 ATTEST: - I 24 (SEAL) 25 26 27 28 a e .. AGREEMENT TO PROVIDE WATER SERVICE TO CITY OF CARLSBAD STAGECOACH PARK THIS AGREEMENT is entered into by and between the OLZVENHAIN MUNICIPAL WATE DISTRICT (hereinafter "DISTRICT") t a municipal water district organized ar existing under California Water Code Section 71000 et seq., and the City o Carlsbad, a general law city, (hereinafter "City"). R-E-C-I-T-A-L-S 1. CITY is the owner of approximately 28 acres of land located in the Cit: . of Carlsbad, as sh.own in Exhibit "A"- attached hereto and incorporated herein b: reference. 2. CITY plans to construct and operate a public park (Stagecoach Park) which is within the water service jurisdiction of the DISTRICT and on land ownec by the CITY. 3. CITY understands that the DISTRICT will be providing water both tc irrigate a portion of the park and to provide potable service to the public facilities. 4. Because of the substantial volume of potable water being requested by CITY for irrigation purposes, the DISTRICT and CITY agree that irrigation watez supplied to CITY'S public park in accordance with this Agreement shall be limitec to 430 gallons per minute with a maximum usage of 309,000 gallons per day. However, CITY may request more than this amount upon telephonic request 24 hours in advance of the delivery period, If DISTRICT approves, additional delivery - -1- a 0 will be allowed. The irrigation water limitations shall become effecfive on February 1987 in order to provide the CITY extra capacity to establish t' landscaping. CITY also agrees to take potable water from the DISTRICT'S systt for irrigation purposes only during the hours of 8:OO p.m. and 8:OO a.m. ea( day. 5. CITY further expressly agrees that the DISTRICT may reduce or terminal potable water service for irrigation purposes either temporarily or permanent: if the DISTRICT determines that there is a water shortage in its service area, , its sole discretion. 6. CITY agrees that DISTRICT'S policy of utilizing reclaimed water fc irrigation purposes in all reasonable and feasible circumstances is necessary ar beneficial to the public good. C-0-V-E-N-A-N-T-S 1. Water Service Being; Provided. The DISTRICT hereby agrees to furnis potable water for irrigation and domestic purposes to CITY'S Stagecoach Par public park facility. 2. Flow Restrictions. CITY agrees that the water flow for irrigatiol purposes to the public park be limited to no more than 430 gallons per minut' (430 GPM) with total gallons not to exceed 309,000 gallons -per day. However CITY may request more than this amount upon telephonic request 24 hours i advance of the deEvery period. If DISTRICT approves, additional delivery wil: be allowed. The irrigation water limitations shall become effective on 1 February I987 in order to provide the C.ITY extra capacity to establish thc landscaping. 3. Time of Use. CITY hereby further agrees that it shall use wate. provided by the DISTRICT for irrigation purposes only between the hours of 8:Ol p.m. and 8:OO a.m. each day. - 2- m 0 4, Reduction or Termination of Water Service. CITY agrees that tl DISTRICT may, at any time, temporarily or permanently, reduce or terminate tl potable irrigation water service to the CITY'S public park if the DISTRIl determines that a water shortage exists in its service area for any reason. Tt existence of a water shortage shall be left to the sole discretion of t\ DISTRICT. 5. Meter and Connection Fees. The DISTRICT and CITY hereby agree th; water will be furnished to the public park via two three-inch water meters, T1 meters'are to be installed by the DISTRICT with such equipment as required by tt DISTRICT. CITY will pay for all fees, costs, and expenses of labor, material and associated costs for installation of the water meter and appurtenancc together with connection fees as required by the DISTRICT. 6. Use of Reclaimed Water. CITY agrees to use reclaimed water fc irrigation purposes when it is made available by the DISTRICT. Reclaimed wate quality shall meet all requirement of Title 22 of the California Administrativ Code, The DISTRICT shall notify the CITY, in .writing, when reclaimed water i available for irrigation of the park. Upon receipt of this notice, the CIT agrees to .design and install a reclaimed water system as determined by th DISTRICT, in its sole discretion. All fees, costs, and expenses associated wit installation of a reclaimed water system to irrigate the park shall be born' solely by CITY. CITY agrees to pay all reclaimed water fees and charges imposes by the DISTRICT from time to time. The determination that reclaimed water i available to irrigate the park shall be left to the sole discretion of th DISTRICT. 7. Injunctiqe or Declaratory Relief. It is agreed between the partie that it would be extremely difficult to determine the actual damages sufferel by the DISTRICT or its constituents if this Agreement is breached. The partie therefore agree that the DISTRICT shall be entitled to enforce this Agreemen by the use of injunctive or declaratory relief in addition to such other relie -3- 0 0 ’. as may be afforded by law. CITY hereby agrees to waive any right it or it successors or assigns may have to challenge the right of the DISTRICT to enforc or interpret the terms of this Agreement by way of injunctive or declarator relief in any subsequent arbitration or litigation. 8. Indemnity. CITY hereby agrees to indemnify the DISTRICT from any ant all claims, demands, loss, costs, fees or expenses of whatever type or natur sustained by any person or entity, including CITY due to reduction 0 termination of water service as a result of the Agreement. 9. Venue. In the event of any litigation or arbitration to enforce o interpret the terms of this Agreement, venue shall lie only in the State o Federal Courts in or nearest to the North County Judicial District, County o San Diego, State of California. 10. Attorneys’ Fees. In the event 04 any. dispute related. in any way tc this Agreement, the prevailing party shall be entitled .to all reasonablc attorneys’ fees and costs in addition to such- other relief as may be affordec by law, whether or not litigation or arbitration is actually commenced. 11. Successors and Assigns. This Agreement shall be binding -upon CITY anc its assigns and successors in interest of the public park. CITY shall assigl the benefits and delegate the duties under this Agreement as part of anJ transfer by CITY of any interest in the public park. No person or entity shall have any claim against CITY or DISTRICT arising out of the termination of watel service by DISTRICT under the terms of this Agreement. 12. Entire Azeement. This Agreement represents the entire understandin! between the parties. There are no representations of warranties made by any oi the parties, their agents, servants, employees, or independent contractors which are not contained within the terms of this Agreement. Any prior oral 01 written representations of understandings shall be deemed null and void and of no force 01: effect. -4- w 0 .- 13. Unenforceable Provisions. This agreement shall be interpreted wherevc possible as consistent with all applicable laws and regulations. To the exte that any term, covenant, or condition of this Agreement as so interpreted, rendered unenforceable, the remaining provisions shall be carried into full fori and effect. CITY OF CARLSBAD Dated: r-4 hJc M /9a , By: kp &;! &-% Mary H. Ca er, Mayor ATTEST : Dated : L-1 19RCn By : / City Clerk OLIVENHAIN MUNICIPAL WATER DISTRICT Dated : By : Ann L. Peay President, Board of Directors ATTEST : Dated : By : Harold L. Gano Secretary, Board of Directors - -5- a. W 0 I r) (\1 n; 0 - 10 - -0 1 t- Q - BXVd H3V033f)V.LS avasmw3 do AJJ~ v e , I. - .,ii_ .I ,i '. I_ - < '? .---_ ' \\ ,,; ; ly?-.cx" D.8 ?_. .. .I .i >.*" *: "'~"~ ' y t::'GLLe.L "21 7s BO.k.HD Oi-' [>;REC'.rS[<S Am !. Peay, Pres!den: ! ~OLC'(I~ G GO/P~. V!ce .'';~<,s!:i~~~~~ fiariev L. !liYlk. 7-iciasurer ---?:\I. ;: ,, -5:i k,;:.!; ,9irrciki !.. Gcno. Srcrcic:, b -::!,c/,;?l ,b!. 1bf;i;c.r. Lj:;-,p();* City of Carlsbad 12 00 Elm Avenue Carlsbad, CA, 92008-1989 Attention: Roger W. Greer Subject: Stagecoach Park Water 1 ~ ., , 2~ :::. -\.'E:,: ~[::\ :<3"\[> ~,.~.~., ,"~; ,. . I,\n .,j ., .. -. ._. . >,..\>!;,fi. 92i12: 13 May 1986 Service Agreement GIZKZRAL COUNSEL Vernon A. Feiker ENGINEER Boyie Engineering Ccri biANAGER wit :am .V. Hoiiings:mr . . ../, Dear Roger: Enclosed is the District's revised draft of the subject agreement incorporating modification: to the revisions you suggested in your letter of 11 April 1986. The differences do not appear to be substantive; therefore, it is felt that this second draft version should be expedited in a short period so as to allow the installations of the meters as requested by your parks and recreation people. If you have any further questions or comments, please contact me. OUVENHAIN WUNICIPAL WATER DISTRICT I, 'i 7 :' -7 2 .. ,e -- I /' /.x- "F i ,' ,/ - A' 4' ,.' (,"- ~ - , ~ I; /', .< p" .?-'-;, ,," '. " ' // yb.-"_ - :., 7 /Y ""..s/-. c/ . t ' ."." David-C; McCO!$rn '. Assistant General Manger Enclosure cc: City Attorney Director, Parks & Recreation a puo;,c !,s:i;; !~-gr;2:?~~G 5- ,:: :' ; :tg -?--?: ;;cL'r :i3 '~J?CI~;I Water Dlr:r c! Law c: 1917 ssz !Or 7-:::, 3 -2c z. 'Z z.;'? 5' #?zi,fyn#a \4@&r Code l7vhih;t A