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HomeMy WebLinkAbout1997-09-02; City Council; 14328; County, City & CWM settlement agmt (94-1823-IEG)1 I. 1 e' 0 VI CITY OF CARLSBAD - AGkNDA BILL h AB# jy, 3a ClTYATTY CITY OF CARLSBAD. THE COUNTY OF SAN DIEGO MTG. 9/2/97 DEPT. HD. TITLE' REPORTING SETTLEMENT AGREEMENT BETWEEN AND COAST WASTEMANAGEMENT DEPT. CA CITY MGR. RECOMMENDED ACTION: That the City Council note and file the settlement agreement between the City of Cs the County of San Diego, and Coast Waste Management. 1 ITEM EXPLANATION: On August 5, 1997, the City Council APPROVED terms and conditions of a final agreement between the City of Carlsbad, the County of San Diego, and Cc Management to resolve the following litigation: d 8 9 E 2 c 0 .- 2 .c.r - .- 0 S 3 0 0 Coast Waste Manaqement, Inc., et al v. Countv of San Dieqo, et al, U. S. District Cc 1823-IEG (challenged by Coast and Carlsbad seeking to prevent the County's ter Coast's 1984 lease of the Palomar Transfer Station) and Citv of Carlsbad v. Cot Dieqo, et ai, San Diego Superior Court Cast No. N66415 (an eminent domain actil the City of Carlsbad sought to acquire the Palomar Transfer Station property from th San Diego). Pursuant to the Brown Act, the Settlement could not be reported out at that time I approval was contingent upon the signature of other parties. Those signatures haw affixed, and the agreement has been recorded in the Office of the San Diego Count! Accordingly, the agreement is now a matter of public record and available for pub1 desired. The Council's action is to note and file, and the agreement will be on record in the ( City Clerk, available for public review. FISCAL IMPACT: None by this action. 4 1 1 .y e RECORDING =QUESTED BY AND - WHEN RECORDED MAIL TO: - THE &{,i nf ijiTg x-\l&- Jns f$CfiR$)Efj iJH A\jG i$! 1p4:! @ffi“’i LJ R J- <~~g7 LlJET Q[$:Qi$.. litblj &&.. \TU&t;ii’.. .-. Of& L’AP j iiu L!L>Jl:L:;! Dc[$iJT /j[flFER -~~~i-~3p’~~55 SA\] p:C’f~ ;T!!LJT’j pri’q??!cr!?$ “T” TIP,E: 9:05 fi/ CITY CLEM CITY OF CAJ?.LSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 9200s RECEIKD AD@ TI @&L CJTY Of C/iRLs~c\s ~m“n0RNW . SETT~~b%E~~ AGREEMENT BEnvEEN THE CITY OF CARLSBAD THE COUNTY OF SAN DIEGO AND COAST WASTE MANAGEMENT This Settlement Agreement and Mutual Release (“Agreement”) is made and entered into -. this 8 day of August, 1997, by and among the CITY OF CARLSBAD, California, a municipal corporation (“Carlsbad”), COAST WASTE MANAGEMENT, INC., a California corporation (”Coast”), and the COUNTY OF SAW DIEGO, a political subdivision of the State of California (the “County”). I. RECITALS A. The County owns the Palomar Transfer Station Site (the “Facility”) in Carlsbad, California (County Real Property Parcel Numbers 84-0127-A & 86-0442-Al-B), which it leased to Coast under County Contract No. 70630R (the ‘‘1984 Lease”). B. During 1994, disputes arose among the parties as to their respective rights and duties with respect to the Palomar Transfer Station, including the following litigation: 1. Cons/ Wcrste A4omgement. hc., et 01. v. Courlty of Son Diego, et 01.. U.S. District Court No. 94-1823-IEG (a challenge by Coast and Carlsbad seeking to prevent the County’s termination of Coast’s 1984 Lease). F:\CLIENTS\CITCr\D\CO~ST~VS~OC~~~~C~Cr\D6.385 Fii-4.C SETTLELENT AGREEMENT 1 t 0- t t 0 - 1 2. City of Ccrrisbad v. County of Sa11 Diego, et ai., San Diego Superior Court Case No. N66415 (an eminent domain action seeking to acquire the Palomar Transfer Station property from the County). C. The San Diego Solid Waste Authority, a joird powers authority (the “Authority”) was a party defendant to Case No. 94-1 823-IEG. However, upon motion by Coast, the Authority was dismissed from that action by order of the Court filed March 11, 1996. D. In June 1996, the Parties filed a Stipulation for Settlement and Mutual DismissaIs Without Prejudice with the United States District Court; the Court entered an order on that stipulation on September 6, 1996. The Stipulation provided that because of uncertainties over the hture operation of the San Marcos Landfill and the transition of assets to the Authority, the 1984 Lease to Coast was amended and extended for an “Interim Lease Period,” lasting until May 3 1, 1997. The Stipulation hrther provided that during the Interim Lease Period, the parties would agree to “meet, confer and negotiate in good faith with respect to the permanent, lonser term settlement.’’ E. On September 23, 1996, in County of Snrl Diego v. City of Son Mnrcos, et nl., Case No. 6795 14, the Superior Court upheld a City of San Marcos order that the San Marcos Landfill must cease receiving solid waste for disposal no later than March 11, 1997. F. The Authority has dissolved. The Authority is not a party to this Agreement. G. The parties have now reached a Lull and complete agreement to convert the dismissal in the Coast Waste, Inc., et al. 17. Comty of Sat1 Diego, et al. case referenced above to dismissal with prejudice, without any admission of legal fault, wrongdoing, or liability on the par of any party. The agreement is to be carried out through this Agreement, and throush the Lease described in section IV below (“the Leases”). It is the intent of the Parties that this be a full, fin; F:\CLIENTS\CTTCAD\CO~~ST~VS~)O~~~~~~~tTC.~l)6.3~j RNM SElTLEMENT AGREEiLIENT 2 - I 7 T 0 e - ” and complete settlement of the above-referenced litigation, except to the extent that any p%ey ’a21 expressly reserved rights in this Agreement andlor through the Leases. H. The Parties agree and find in executing this Agreement that (i) the County is a participant in the market for solid waste disposal services; (ii) Carlsbad and the County are acting as local agencies to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs, pursuant to the powers vested in them in Public Resources Code Section 40002; and (iii) this Ageement and the Leases serve a legitimate public purpose in connection with the safe and cost efFective disposal of solid waste. The Parties agree that this Agreement and its implementing Leases do not violate the federal Commerce Clause, the Sherman Anti-Trust Act, or any other similar provision of federal or state law. In consideration for the payments, promises and conditions below, it is the mutual intention of the Parties to release one another from these commerce clause, anti-trust, and similar claims. I. The Parties acknowledge that they reached an agreement in principle prior to March 12, 1997, and that, pending the completion and execution of this Agreement, all Parties have acted in reliance on the Agreement which is now being memorialized herein. J. To the extent that notice may be required pursuant to Public Resources Code section 49520 in order for this Asreement to terminate in five years as provided herein, the Partie acknowledge that such notice is deemed given. LI. DEFINTTIONS A. Coast. The term “Coast” shall mean COAST WASTE MAVAGEMENT, INC., a California corporation, and subject to the approval provisions of this Agreement and in the Leases, its F:\CI-~ENTS\CITC.~~\~~:\ST\~SnD~CI.~~~~~C1~1‘C..\D6.3X~ - FNU- sErnEwxr AGREEMENT 3 t - , t e-- 0 I approved successors and assigns, or such other entity or sublessee as Carlsbad shall authorize to operate the Facility during the term of its use under this Agreement. B. Expansion. The term “Expansion” shall include any action to increase the handling capacity of the Faciiity above the 800 tons per day currently permitted by the Carlsbad CUP. C. Facilitv. The term “Facility” shall mean the land, improvements, transfer station and related facilities located on the property described in Exhibit A attached hereto. D. Lease. The term “Lease” shall mean (1) that certain Lease of real property and building space which the County Airports Division, as Lessor, and Carlsbad, as Lessee, intend to execute pursuant to this Agreement; and (2) the existins lease between the County Airports Division, as Lessor, and Coast, as Lessee, which was scheduled to terminate by its terms on May 3 I, 1997, but which was extended on a month-to-month basis pending execution of the Leases contemplated by this Agreement. The existing month-to-month lease as extended shall remain in effect until the new Leases are signed except that the leased property shall include the hll 10.975 acres described in section IV. E. Leases. The term “Leases” refers collectively to the Lease and the Sublease. F. Sublease. The term “Sublease” shall refer to the sublease between Carlsbad and Coast, the key deal points of which are set forth in section IV and any subsequent sublease between Carlsbad and an successor to Coast, to be executed by Carlsbad as Sublessor and Coast as Sublessee. F:\CLIENI’S;CTTC.~\~O.~ST\~’S~OC~~,l~~~CTT~.~6.3~~ RN.X SElTLEM€NT AGREEkEhT 4 I- 9 - 1 k 0 0 I G. Recvcla bles. The term "Recyclables" shall refer to those items collected and brought to the Palomar Facility which are diverted for recycling, reclamation, or re-use and which are not sent to a landfill for disposal. H. Countv Landfill. The term "County Landfill" shall refer to the following landfills: Ramona Landfill, Sycamore Landfill and Otay Landfill. I. Countv. The term "County" shall mean the County of San Diego and, where indicated, its transferee. As indicated throughout this Agreement, this Agreement confers rights and obligations on the County's Airports Division, as the Lessor of the property, and certain rights anc obligations on the County's Solid Waste Services. The parties acknowledge that the County is considering divestiture of some or all of its solid waste assets. Where indicated, the County's transferee succeeds to the rights and obIi2ations of the County's Solid Waste Services in this Agreement. J. Divestiture. The term "divestiture" shall mean the County's sale of some or all of its solid waste assets nl. SETTLEMENT A. Basic Structure. 1. Lease For Collection. Operation, Transfer and Related Solid Waste Purposes. The County Airports Division will lease the Facility to Carlsbad for use as a collectior and operation center and for transfer and related solid waste purposes for a term of five years F:\CLIE~S\CITC.-\D\COr\ST~VS~~OCU~IE~TCTI'CAI~6.3~j Fh'.AL SElTLESIEh-r AGREEMIST 5 I - I > 0 0 beginning June 1, 1997. Carlsbad shall sublease the site to Coast on a “pass through” basis, i.e Coast or a successor sublessee will operate and maintain the site, pay the rent, and otherwise perform all of the obligations of the Lease and Sublease, and of this Agreement, with respect to the site. Carlsbad will have a right of first refusal during the term of its Lease to acquire fee title to the Facility on the same terms and conditions as any prospective purchaser or transferee receiving fee title from the County should the County ever propose to sell or transfer the property. This right of first refusal is effective only during the term of the Lease, and shall expire upon termination of the Lease. The County shall notify Carlsbad of any offer to purchase or proposal to transfer fee title to the Facility and shall allow Carlsbad ninety (90) days after notice to exercise the option to acquire the Facility on the same terms and conditions. If Carlsbad fails to exercise the option to acquire the property within such ninety (90) days, it shall be deemed to have declined to exercise its right of first refusal. 2. Transfer ODerations. Carlsbad as Lessee, and Coast as Sublessee, shall hav the right to conduct transfer and transport activities at the Facility during the term of the Lease anc Sublease on the terms and conditions set forth herein and in conformance with all applicable permits, laws, rules, and regulations, in addition to Coast’s right to continue its collection and operations use of the Facility. B. Permits and Processino,. 1. Carlsbad. The parties acknowledge that the Carlsbad Planning Commissio approved a CUP amendment for the project on March 5, 1997 to allow the Facility to operate at its original design capacity of 800 tons per day. Carlsbad’s action on the CUP amendment included CEQA compliance. The parties acknowledge and agree that on March 12, 1997, the Facility began operations at 800 tons per day in reliance on the CUP in anticipation of the final execution of this Agreement. F:\CLIENTS\CITChD\COAST~VS~OC~lE~~C~C~6.3~j FIXAL SETTLEkENT AGREElrlEN‘T 6 , - Y e -0 L 2. Coast. Coast shall take any and all actions, provide information, and pay - any fees, to promptly process through the Local Enforcement Agency (“LEA”) and the Integrated Waste Management Board (“nX/MB”) an application to amend the Solid Waste Facilities Permit (“SWFP”) permit to allow operation of the Facility at 800 tons per day. 3. Countv. The County Solid Waste Services and Airports Division, as land owner, shall sign all permit applications giving their consent to processing and approval of the requested amendments, and shall in all other respects assist the prompt processing of the CUP and SWFP permit amendments and any Interim Order that may be necessary to allow continued operations at 800 tons per day. C. Trash Handling and Transfer. The parties have agreed that the Facility can and should be operated by Carlsbad/Coast at its original design capacity of 800 tons per day, that operation at this capacity by March 12, 1997, was beneficial and important to the region, given that the San blarcos landfill was scheduled to close, and did close, after March 11, 1997, and that the use of the Facility to service 800 tons per day is an important part of the regional plan to provide safe, cost effective and environmentally sound waste service post San Marcos closure. Key aspects of the waste handling and transfer portions of the agreement between the parties are: 1. Service Areas. The 800 tons of capacity shall be made available consisten with any terms and conditions which may from time to time be set forth in the Carlsbad CUP and . in the SWFP permit. 2. Limitations on Use of Palomar Facilitv. With respect to transfer operation: service at the Facility will be limited to: (a) Commercial Users: First priority shall be given to commercial waste haulers holding a County Waste Hauler’s Permit whose loads originate in any service area F:\CLIENTS\CTTC.;\D\COAST~VS~OC~~,IE~~.C~C~6.3~5 FINAL SETIZEbLENT AGREEMEhT 7 - I t‘ e 0- which may from time to time be designated in the Carlsbad CUP. Second priority shall be given to other permitted commercial waste haulers with compactors and/or mechanical off loading devices. Third priority to all other users. At no time shall the per day tonnage limit set by - Carlsbad’s CUP or the SLWP be exceeded. In the event that a dispute as to priority of use of the Facility should arise, the parties agree to meet and confer in good faith in an attempt to reach agreement on how available capacity should be allocated. If the parties are unable to so agree within 30 days, then Carisbad shall have the right to make the final decision. (b) Self-Haul: Non-commercial, self haul loads shall be accepted on weekends only, or at such times, days and hours as may from time to time be set by Carlsbad. Carlsbad shall have the right, through its CUP or by order of its City Manager, to impose additional conditions and restrictions on weekend self haul use of the Facility if traffic, litter, or other problems arise. The parties agree thzt Coast will carefully monitor its costs incurred in . providing self haul service on the weekends, and that during the month of September 1997 the parties shall meet and confer in good faith to review Coast’s actual costs incurred to that time in providing this service, and Carlsbad and the County Solid Waste Services agree to adjust the rates which the County may charge to self haul users as appropriate to cover Coast’s documented costs and to provide a reasonable profit to Coast; (c) Buv-Back: Recyclable buy back shall be permitted on the terms ar at the days and hours as may from time to time be set by Carlsbad. Carlsbad shall have the right, through its CUP or by order of its City Manager, to impose additional reasonable conditions and restrictions on recyclable buy-back operations if traffic, litter, or other problems arise; (d) Hours and days of operations shall be as set in the Carlsbad CUP; (e) So long as Carlsbad is in good standing under its Lease, and Coast in good standing under its Sublease, Coast may use the site for its non-transfer collection and 0th F:\CLIEKTS\CITCAD\COAST\~s~~~~~~~\C~Chnb..~X5 FINAL SElTLEhENT AGREEMENT 8 - < t a' 0 business activities within the restrictions of the Carlsbad General Plan, Zoning, City Code, and the - CUP. 3. Transfer and TransDort. Coast, or a successor sublessee, shall transfer waste at the facility from the incoming vehicles and self haul loads, all in conformance with the CUP, the SWP, this Agreement, and applicable federal, state, and local laws, rules and regulations that may from time to time apply. Carlsbad shall have the right to approve of any substitute or new operator of the Facility besides Coast which approval shall not be unreasonably withheld. In addition, the County Airports Division, as landlord, shall have the right to approve the change in Sublessee, which approval shall not be unreasonably withheld, in conformance with the terms of the Lease and Sublease. 4. Recvcling. Coast shall have the right to recover recyclables from the waste stream for reclamation, reuse, and resale. Loads entering the Facility that are 100 percent recyclables, and which are in fact reclaimed andlor recycled and not sent for disposal, shall not be subject to the fee payment structure set forth below applicable to all waste destined for disposal. With respect to loads of mixed waste that enter the facility, cross the scales, and pay fees pursuant to the schedule set forth below, a rebate or credit shall be given for any recyclables that are subsequently removed and actually reclaimed, reused or recycled and not sent for disposal. As to any such recyclables picked from the waste stream, recyclables so removed shall be re-weighed across the scales and an appropriate credit given at the same rate as the charges imposed when the material entered the Facility such that no fees shall be paid to the County Solid Waste Services, 0: its transferee, for materials that are actually diverted for recycling, reclamation, reuse and resale and which do not end up in a disposal facility. Any fees that are collected by the County Solid Waste Services, or its transferee, at the Facility gate at the time of entry of material which is later determined to be recyclables within the meaning of this paragraph shall be paid over to Coast. F:\CIlENTS\CTTC~\COASTWST~VS~~OC~.~~\C~C~6.3Sj FNAL SETTLELENT AGREEMENT 9 - f 1 e 0- I In accordance with Section UT@) of the Fee Schedule’, Coast shall be responsible to provide information upon request, on the source of the waste being processed at the Facility or hauled to a landfill. If Coast w;llfuIly or negligently misrepresents the origin of the waste in a manner that could result in a material’ improper reporting of waste volumes for any jurisdiction, Coast will be subject to the administrative fees provided in the Fee Schedule. In the event that Coast is found responsible for three or more violations of the recycling provisions of this Agreement in any six (6) month period, in addition to the penalties provided above, such finding of three violations in any six (6) month period shall constitute a material, uncorrected, breach of this Agreement and of the Sublease entitling the County, or its transferee, or Carlsbad, to exercise their rights for uncorrected material breach, including termination of Coast’s rights under this Agreement and termination of the Sublease. 5. No Flow Control. Carlsbad and Coast shall be free to direct waste to any disposal site of their choosing. It is understood that disposal at a site not covered by the CEQA review and certification issued incident to the Carlsbad Planning Commission’s March 5, 1997 CUP amendment approval will require additional environmental review in the form of an initial study, negative declaration, ER, or exemption. ‘The Fee Schedule is the schedule of fees set and pubIished by the County or its transferee for use of its solid waste facilities and services. A copy of the relevant portion of the current edition of the Fee Schedule is attached hereto for reference as Exhibit B. 2The parties recognize that waste from a variety of commercial haulers, as well as from self haulers, will be entering the Facility and that these wastes may be commingled on the tipping floor and packaged in larger vehicles for transfer and transport. To the extent that transfer loads contain such comminzled waste, Coast’s ability to accurately report the origin of waste in these transfer loads is only as good as the information that non-Coast controlled haulers and self haulers give to the County Solid Waste Services, or its transferee, at the entry gate to the Facility, although Coast retains a higher degree of responsibility for accuracy in reporting as to the origin of waste in Coast controlled vehicles entering the Facility. F:\CLLENTS\CITCr\D\COr\S~~~~~~OC~~~~~’n\CI?’CA1)6.3Sj I.7NAL SEl‘tlEhlENT AGREEMEhT 10 - i 1 0 - 0 6. Tip Fee at Palomar. The parties agree that beginning March 12, 1997, the - County was entitled to collect all fees for the placement or disposition of any solid waste at the Facility, except recyclables as provided for herein. The County Solid Waste Services, or its transferee, shall be entitled to collect such fees throughout the duration of the Lease. Coast and Carlsbad acknowledge and accept the changes made by the County to the fee booths and scales to accommodate fee collection pursuant to this Agreement, and agree that the County may make such further modifications as it deems necessary to the fee booths and scales, at its expense, to accommodate fee coI1ect;on. In cons;derat;on of this Agreement and the Leases, the County makes the following guarantees. (a) Fee at Facilitv Gate. Beginning March 12, 1997, and continuing until May 3 I, 2002, the total fee collected by the County Solid Waste Services, or its transferee, for the processing, placement or disposition of solid waste at the Facility shall not exceed thirty eight ($38) per ton. Of that amount, County Solid Waste Services, or its transferee, shall retain seventeen ($1 7) dollars per ton as its share of the tip fee for use of the Facility. (b) DisDosal Fees For Transferred Waste. Beginning March 12, 1997, the County Solid Waste Services has provided, and until May 3 1, 2002, it or its transferee shall continue to provide a basic reduced tip fee of eight ($8) dollars per ton for waste transferred from the Palomar Facility to a County Landfill (currently the Sycamore Landfill). Although not currently contemplated, if in the future waste from the Facility is directed to the Otay Landfill the basic reduced tip fee at Otay shall be six (S6) dollars-per ton. (c) Disuosal Fees for Waste in Excess of that Generated within the Cit of Carlsbad. Beginning March 12, 1997, the County Solid Waste Services has provided, and it 01 its transferee shall continue to provide until May 31,2002, a further reduction In the tip fee at a County Landfill for waste transferred from the Palomar Facility which is in excess of the average *. . F::CLIE~S\CTTCr\l)\CO,~S~~~S~QO~~,~~T~~l~CAD6.3~j Fb'X SETTLELENT AGIEEXEKT 11 < > 0 - -0 daily tonnage of waste generated within the City of Carlsbad (Carlsbad’s trash)’. All waste up to 800 tons per day minus the waste generated within the City of Carlsbad and disposed of in County Landfills will receive a further reduction of S2.50 per ton. All waste between 800 and 1,000 tons per day, minus Carlsbad’s trash disposed of in County Landfills,.will receive a further reduction of $3.25 from the basic tip fee of $8. The parties recognize that the capacity of the Facility is currently limited to 800 tons per day and that any increase above that level will require further applications to Carlsbad, the County Local Enforcement Agency, and the lWMB, and will be required to undergo appropriate environmental and other reviews. The purpose of the pricing provisions set forth herein respecting daily tonnages over 800 tons per day is only to confirm the agreement of the parties with respect to pricing should such additional tonnages ever be permitted in the future. (d) Transfer and Transport Fees to Coast. Beginning on March 12, 1997, the County Solid Waste Services has credited, and it or its transferee shall continue until May 3 1, 2002, to credit and pay to Coast, twenty one ($21) per ton of the Thirty Eighr dollars per ton collected at the gate. This shall constitute payment in full to Coast for transfer and transport o waste to County Landfills under this Agreement. However, in the event that waste is ever directed 31n computing the amount of waste generated within the City of Carlsbad and disposed ol at County facilities, the parties agree that all waste generated within the corporate limits of the City of Carlsbad which is disposed of in County Landfills shall be counted, whether it is transferred and transported through the Palomar Facility, through direct haul, or othenvise, so long as it is disposed of in a County Landfill. The Parties krther agree that the beginning numbe to be used as “Carisbad’s trash” under this Agreement shall be based upon measurements of actual volumes received at the Facility from March 12, 1997 to April 12, 1997 and a starting baseline shall be set based on such measurements effective as of March 12, 1997 , and that Carlsbad’s actual tonnage shall be measured every six months thereafter and the baseline adjustel to reflect the actual figures. Further, the parties agree that adjustments will be made retroactive1 at each six month interval with appropriate additional charges to Carlsbad, or credits, as the case may be. F:\CLIENTS\CTTC~\COASTWST~~Sr~OC~~~~,C~C.~G.3SS FTN& SETTLEMEhT .4GREEMENT 12 < 1 0 - a to the Otay Landfill for disposal rather than the Sycamore Landfill, Coast shall receive the additional two dollars as provided above in subsection (b). Coast’s compensation shall be adjusted to reflect any unusual changes in fuel prices incurred by Coast during the term of this Agreement related to the transport of waste from the Facility to a County Landfill. An “unusual change in fuel price” shall be defined as a 15 percent 01 greater change in the cost of fuel to Coast as set forth in the Oil Price Information Service (“OPIS” Fuel Price Index, either up or down, within any 6 month period. If the 15 percent threshold is met then Coast and the County or its transferee shall share evenly in such increase, or decrease, in fuel cost incurred during that 6 month period. If the parties cannot agree on the application of this fuel price change sharing provision with respect to a particular situation, any party may invoke the dispute resolution provisions of section 0 of this .4greement. In addition, if Coast believes that, a: a direct result of enterins into this Agreement, Coast experiences unavoidable material increases i~ its insurance costs, Coast shall be entitled to present a request for what it believes to be an appropriate adjustment in its compensation. If Coast presents such a request, Coast, Carlsbad, anc the County Solid Waste Services, or its transferee, shall meet and confer in good faith to consider the basis for the request. If the Parties agree, an appropriate adjustment shall be made in Coast’s compensation. If the Parties do not agree, Coast may invoke the dispute resolution provisions of Section 0 of this Agreement. (e) Coast Collection and Transmittal to Carlsbad of Monies for Excess Tonnage Reductions. Beginning on March 12, 1997, and continuing to May 3 1, 2002, Coast has collected, and shall continue to collect and transmit back to Carlsbad in cash, or in such other manner as Carlsbad may from time to time direct, and at such intervals as Carlsbad may direct, but not more than monthly, the amount of reduced tip fees for all waste disposed of in County Landfills above Carlsbad’s trash as set forth above. F:~CLIEI.TTS\CITC..\D\COAST\\’ST~~’ST.~OC~IE~~.CITCi\l>6.3Sj RNM SETTLEHENT AGREEbENT 13 $ I' -0 0- I IV. LEASES Under the prior Interim Settlement Agreement Coast had a one year lease from the County Airports Division expiring on May 3 1, 1997, for 7.243 acres. To accommodate implementation ofthis Agreement the parties intend to enter into new Leases increasing the leased acreage from 7.243 acres to 10.975 acres. The parties contemplate that the following Leases will be executed as soon as possible. Until the new Leases are signed, the parties contemplate extension of the existing one-year interim lease by separate letter agreement, on a month-to-rnonth basis, provided however, that the rent payable and acreage leased starting June 1, 1997, shall be as set forth below in IV(A). The Leases shall conform to the following basic deal points: A. Master Lease From Countv to Carlsbad. There will be a master lease from the County Airports Division to Carlsbad. Key terms of this Lease include: 1. Acreage: 10.975; 2. Term: Five years, commencing June 1, 1997; 3. Rent: Starting June 1, 1997: $23,634.90 per month, subject to annual Cost of Living Adjustments as set forth in the Lease 4. Terms: Standard Airports Lease Terms as adjusted through negotiations of the parties; 5. Termination: Quiet enjoyment to Carlsbad and subleases, early termination for material breach of lease that remains F:\CLDEi'TTS\CITCAD\COAST~~'Sr,~~C~~~~Cn'CA1)6.3Sj FINAL SETTLEMEhT AGREELENT 14 - - t J 0 0 uncorrected after notice, or for material breach of Settlement Agreement that remains uncorrected after noticl 6. Enforcement: Through standard lease enforcement; through Settlement Agreement, including forfeiture for failure to cure material breach after notice; 7. First Refusal: Right in favor of Carlsbad to first refusal to acquire title to the fee interest in the property as set forth above in paragraph IDA; B. Shared Tin Fee Revenues to Cormtv Solid Waste Services. At $1 7 per ton (not including recyclables) commencing LMarch 12, 1997, payable to County Solid Waste Services, or its transferee. C. Carlsbad to Coast Sublease. There will be a Sublease from Carlsbad to Coast mirroring and passing through to Coast day to day operational control and responsibility for the site. Key terms of the Sublease will include: 1. Acreage: 10.975; 2. Rent: Coast will pay all rent due on the site directly to the Counq Airports Division; 3. Operations: Carlsbad will impose such oversight provisions and operating standards as it deems necessary to ensure that Coast safely and properly operates the Facility, such terms and provisions to reflect the negotiations of Coast and Carlsbad yet to occur, the terms and conditions of this F:\CLIEh~S\CITCAD\CO.~ST~\~ST~DOC~~e~~\Cn'C.~1?6.3Yj FWAL SETTLEMENT AGREEhEhT 15 - I I 0 0 Agreement, and of the CUP for the Facility. An operations agreement may, in the discretion of Carlsbad, be separately prepared and incorporated into the Sublease; 4. Other: The Sublease shall ensure that any and all site related obligations imposed on Carlsbad by the Lease are passed through and become the obligation of Coast, including rent payment, maintenance of the Facility, etc., it being the intent that Coast will have the right to control and operate the Facility under its Sublease, with a right of quiet enjoyment, so long as it performs the site related obligations of the Lease, the Sublease, the CUP, any operations agreement, and this A= oreement. 5. Term: Five years, commencing June 1, 1997. 6. Extension: If the County does not proceed with the divestiture of the assets of the County Solid Waste System and instead decide to retain control of the system, then the County, Carlsbad, and Coast agree to meet and negotiate in good faith to read agreement on three additional consecutive five (5) year option periods in the Leases (including the Sublease) forth use of the Facility, subject to the right of Carlsbad if it deems appropriate in its discretion to protect and promote the public interest, to undertake competitive bidding or a F:\CLIENTS\C~C;\D\COr\ST~VSr.D~~~~e~~,CITCr\D6.3RS FlSAL SETTLEhIENT AtiKEEXIEN?' 16 - * 0 0 * ‘ competitive proposal process with respect to Transfer and - Transport operations at the Facility at the end of the initial five (5) year term. D. Proiect Desizn Enhancements. The parties have agreed as an important part of this Agreement that the project design enhancement measures set forth on Exhibit C hereto will be included in the project. These measures are being incorporated into the project as part of project design, a-nd are agreed to as a contractual and settlement matter, independent of CEQA. The parties understand that these measures will eliminate any potential adverse impacts or unusual circumstances that mi,oht otherwise adversely affect the environment or Carlsbad and its residents arising incident to increasing operations at the Palomar site to 800 tons per day of transfer activity. The parties asree that these measures may be included as conditions of approval of the CUP as well as part of the project description if Carlsbad so desires to ensure that they are implemented. These measures, unless expressly stated otherwise, are to be funded by the Counry Solid Waste Services. E. Relationship of Agreement to CUP. 1. Settlement Aoreement Controls. The parties agree that to the extent there is any ambiguity or conflict between the provisions of this Agreement and the CUP issued by Carlsbad, this Agreement shall control. The CUP shall be interpreted and enforced according to law in a manner consistent with this Agreement at all times. 2. Enforcement of CUP bv Carlsbad. With respect to the provisions of the CUP regarding enforcement by Carlsbad, and in particular condition 9 of the CUP, the parties agree that all of the following shall apply: F::CLIE~~S\C~Cr\D\CO~ST~\’Sr,D~C~~~~~C~C.~~~.3S~ FNAL SETTL&\LENT AGF3XMENT 17 m 0 - ,I (4 “Surrounding Properties” shall be defined in conformance with the Carlsbad Planning Department standard practice as those nearby properties potentially affected by the project, generally within Carlsbad’s standard notice distance of 600 feet of the boundaries of the Facility and those properties directly abutting a truck route in the City of Carlsbad that will be used by waste haul vehicles to access or exit the Facility, including collection vehicles and long- haul transfer vehicles. (b) “Negative effects” and/or “detrimental effects” shall not be found tc exist by Carlsbad incident to any CUP enforcement action unless the effects are found, based on substantial evidence in the record, to be substantial and adverse, and not occasional. “Negative effects” and “detrimental effects” shall be limited to legitimate environmental, public health, and public safety issues as prescribed by law such as litter, illegal dumping, noise, and traffic disruption caused by the project. (c) In the event that Carlsbad believes the project has caused or is causing such effects, Carlsbad shall give notice to the County Solid Waste Services, or its transferee, (with a copy to the Airports Division) and/or Coast, as appropriate to the circumstance meet and confer in good faith, and shall give a reasonable opportunity to cure. If the County Soli Waste Services, or its transferee, and/or Coast does not (1) attend a meet and confer session withi 20 days of receiving notice thereof, or (2) (a) correct the problem within 30 calendar days, or (b) make sood faith progress towards correction within 30 days, then Carlsbad may institute formal CUP enforcement proceedings. Carlsbad may revoke the CUP only if it first complies with all c the above and finds, based on substantial evidence in the record, that a material breach of the CL has occurred which remains uncorrected after notice and opportunity to cure. F:!CLIE~fS\CITC.~l~\C~~\ST~~S~~I)OCIC11’C..\1~6.3Y5 FNAL. SETTLESENT AGREEIIEN’T IS e e - .I The provisions of this subparagraph (E) were independently negotlated and agreed to as - part of this Settlement Agreement, are not a precedent as to any other project, and do not apply to any other project. V. MUTUAL FU3LEASE.S AND DISMISSALS A. Release of Claims. The County, Carlsbad, Coast, and their respective heirs, executors, administrators, trusters, trustees, beneficiaries, predecessors, successors, assigns, members, partners, joint venturers, parents, subsidiaries, affiliated and related entities, officers, directors, shareholders, principals, agents, servants, employees, representatives, insurers, sureties, attorneys, consultants, and experts, and each of them hereby jointly and severally release each other from any and liabilit) for the claims, demands, controversies, actions, causes of action, obligations, l;abil;t;es, expenses, costs, attorneys' fees and damages of whatever character, nature and kind, known and unknown, which arise out of the Facility and matters related to possession (whether as tenant or otherwise) of the Facility or any claim of right of access to or use of the Facility arising prior to the date of this Azreement, including without limitation those claims which were or could have been asserted in either of the lawsuits referenced above in Section I.B. B, Waiver of Protection of Civil Code 6 1542. Each party is aware that it may hereafter discover claims or facts in addition to or differenl from those it now knows or believes to be true with respect to the Claims described in Section A hereof. Nevertheless, it is the intention of the Parties to hlly, finally and forever settle and release all such matters, and all claims relating to them, which now exist or may have existed between them, or which arise out of or relate to the Claims. In hrtherance of this intention, the releases F\CLIENTS\CTTCAD\CO~ST~VS~OC~E?.inCITC.~6.3Sj FNAL SETTLEXENT AGEEbENT 19 - , * @ I. -I > 3 oiven herein shall be and remain in effect as fill1 and complete mutual releases of all such matters - notwithstanding the discovery or existence of additional or difl'erent claims or facts relating to them. Moreover, Carlsbad, Coast and the County, acknowledge that they have been advised by legal counsel, and that they are familiar with and specifically waive any and all rights and benefits conferred upon them by the provisions of Civil Code section 1542, which provides: GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST TN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, IHICH IF KNOWN BY HIM MUST HAVE hlATERIALLY AFFECTED HIS SETTLElMENT WITH THE DEBTOR. VI. NOTICES Any notices to be given under this Ageement shall be addressed as set forth in this section. Notices or documents sent to the County should be sent to: Tim Walsh, Deputy Director, Airports Division County of San Diego Department of Public Works 1960 Joe Crosson Drive El Cajon, CA 92020 Joseph S. Minner County Solid Waste Services County Operations Center MS-03 83 San Diego, CA 92123 With a copy to: Office of the County Counsel 1600 Pacific Highway, Room 355 San Diego, CA 92 101 -2469 Attention: Diane Bardsley , Notices to the City should be sent to: City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 5555 Overland Avenue F:\CLIENTS\CTTCAD\COAST\\.'SS?DOC~~~~.C~~,~DG,3S~ FNAL SETnEXlENT AGREEhGNT 20 I. .* 4 e 1 With a copy to: Ron Ball, City Attorney 1200 Carlsbad Village Drive Carlsbad, CA. 92005 0 - - Notices to Coast should be sent to: Conrad Pawelski, President Coast Waste Management, Inc. 5960 El Carnino Real Carlsbad, CA 92009 With a copy to: White 62 Bright 355 W. Grand, Suite 2 Escondido, California 92025 Attention: Bruce White, Esq. 3 Any party may change the person and/or the address to which notice to it shall be provided by " giving written notice to each ofthe other parties. VII. hIISCELLAXEOUS A, Disputed Claims. This Agreement represents the settlement of disputed claims and does not represent any admission of liability on the part of any party, each of which expressly denies any liability or responsibility. B. Governing Law. This Agreement has been negotiated and entered into in the County of San Diego, State ( California, and shall be governed by, construed and enforced in accordance with the internal law, of the State of California, applied to contracts made in California by California domiciliaries to b wholly performed in California. C. Waiver and Amendment. F:\CIlENTS\CITC~\CO~STWS~OC~~~~~C~C.~6.3Sj FINAL SETTLEMENT AGIGEMEhT 21 0 0- No breach of any provision hereof can be waived unless in writing. Waiver of any one - breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or other provisions hereof. This Agreement may be amended only by a written agreement executed by the parties-in-interest at the time of the modification. D. Entire Aereement. This Ageement, its exhibits, and the Leases into which the parties intend to enter as provided in Section IV above, constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, hlly supersede any and all prior understandings, representations, warranties and agreements between the Parties hereto, or any of them, pertainin; to the subject matter hereof, and may be modified only by written agreement signed by all of the Parties hereto. E. 'Independent Advice of Counsel. Each party to this Agreement represents that in executing this Agreement it relies solely upon its own judgment, belief and knowledge, and the advice and recommendations of its own independently selected counsel, concerning the nature, extent and duration of its rights and claim and that it has not been influenced by any other party. F. Voluntnrv Agreement. Each party to this Agreement further represents that it has carehlly read this Agreement, understands its contents, and signs it freely and voluntarily. F:\CL~NTS\CTTC..~\C~AST~~~~.~~C~~~~~.~~~CAD~.~S~ RNrV. SElTLEirENT AGREEBENT 22 I .I -I I 0 -a - . - G. Severabilitv. L If any provision or any part of any provision of this Agreement shall for any reason be he1 to be invalid, unenforceable or contrary to public policy or any law, then the parties shall meet an confer in good faith in an effort to determine whether the Agreement and/or the Leases should continue. q H. Attornevs’ Fees and Costs. The parties hereto acknowledge and agree that each shall bear its own costs, expenses, and attorneys’ fees arising out of or connected with the Action, the negotiation, drafting, execution and enforcement of this Agreement, and all matters arising out of or connected therewith, provided, however, that nothing herein shall supersede or replace the agreement between Coast and Carlsbad with respect to reimbursement of fees and costs. T. Bindine Effect. This Agreement shall be bindins upon and inure to the benefit of the parties, and their respective heirs, executors, administ.rators, trustors, trustees, beneficiaries, predecessors, successors, members, assigns, affiliates, partners, partnerships, parents, subsidiaries, and any related entities, oficers, directors, principals, agents, servants, employees, representatives, and a1 firms, associations and/or corporations connected with each of them, including without limitation, their respective insurers, sureties, attorneys, consultants, and experts. It is expressly agreed that should the County sell or otherwise transfer some or all of the assets of its solid wastl system that the obligations of this Agreement shall be binding on any such successor to the County’s interest to the full extent necessary to honor the terms and provisions hereof F:\CLIENTS\CITC.~\COASTWST~~ST,~OC~~,~~~,.CIT~~~6,3~j FINAL SETTLELEY AGREEhENT 23 @ 0 I 1 J. Warrantv of Authorized Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party from whom he or she purports to sign. K. Recordin?. The parties agree that this Agreement or an abstract thereof shall be recorded in the Office of the County Recorder of San Diego, California on each of the parcels which comprise th Facility. L. No Assiorlmerlt of Clai.ms. Each party has not assigned, transferred, or granted, or purported to assign, transfer or u’ orant, any of the claims, demands, and causes of action disposed of by this A, oreement. 31. Counterparts. This Agreement may be executed in two or more counterparts, each of which will be an original, but all of which shall constitute one and the same instrument. N. Assiznabilitv. The parties acknowledge that the County is considering whether to sell the landfills and related solid waste disposal or processing components it owns. The parties hrther acknowledge that the interest of the County Solid Waste Services in this Agreement is an integral part of the County’s solid waste system. Accordingly, the parties agree that the County Solid Waste Services’ interest in this Agreement, or any part thereof, may be assigned at the sole option of thc County to any such transferee(s), who will be bound by the terms and conditions hereof. F:\CLIENTS\CTTChD\COASTWST~VST~DOC~~~lE~~,~n~,~4,3~j FIN.% SETrLE>lEFii AGREEMFAT 21 > 0 0 0. Dispute Resolution: Breach. - I. Dispute Resolution. Any dispute arising out of, or related to, this Agreement shall be handled as follows: (a) - Meet and Confer: Step one in the dispute resolution process shall be an informal meet and'confer session at which the Parties discuss the dispute or problem. Any Party to this Agreement may initiate the step one meet and confer process by givins written noticc thereof to the other Parties. The Parties shall conduct at least one meet and confer session within 30 calendar days of the date of mailins of the notice, or at such other time as the Parties may agree. The meet and confer session may be continued, and additional meet and confer sessions may be held, upon the ageement of all Parties. (b) Other Remedies: The Parties shall retain their full rights to litisate, at law or in equity, any issue arising out of: or related to, this Agreement, provided that no litigation shall be commenced until at least one meet and confer session has been held as provided above. A meet and confer session shall be deemed to have been held in the event that a Party gives notice of a meet and confer session and one or more of the other Parties fails to attend at least one meet and confer session within the 30 day period. 2. Breach. Any breach of the terms of the Lease or the Sublease shall be considered a breach of this Agreement, and any breach of this Agreement shall be considered a breach of the Lease, the Sublease, or the Leases as the case may be. (a) Notice of Alleged Breach: in the event that one or more Parties believes that another Party or Parties has breached the terms of the Lease, the Sublease, or this Agreement, that Party shall give notice of the alleged breach, explaining the nature of the alleged breach and describins what the Party believes is reasonably required to cure the alleged breach. F:CL~NTS\CITC..\D\COASTwST~\;S~~~C~~fl~~T.CITC..\D6.3Xj FIX.< SEITLE.LIEN7' AGREEMENT 25 . '. * e 0 - ", .i * (b) hght to Cure: Upon receipt of a notice of alleged breach, any Par shall have the ri,oht to cure the alleged breach within 30 calendar days of the date of mailing of tt - - notice of alleged breach. Zn the event that the cure cannot reasonably be accomplished within sa 30 day period, then the Party attempting to cure shall present evidence within said 30 day period of its reasonable good faith progress towards cure, together with a proposed deadline by which the cure will be completed. The proposed deadline shall in no event be later than 6 months from the date of mailing of the notice of alleged breach, unless agreed otherwise by all Parties. (c) Uncorrected Material Breach: With respect to any material breach which is not cured within the time limits provided above, the Parties shall be entitled to appropriate remedies at law or ;n equity as may be determined by a court of competent jurisdiction, in addition to any specific remedies that may be stated herein or in the Lease or Sublease. In the event that a dispute arises under this subparagraph O(2) as to whether or not ar alleged notice of breach was appropriately given, whether the time requirements have been met, whether the cure has been effective, or with respect to any other aspect of implementation of these breach and cure provisions, the Parties shall utilize the dispute resolution process set forth above in Section O( 1) prior to invoking any litigation remedy. //I I// Ill Iff I// Ill //I F\CLIENTS\CITCAD\COASTWST\DOC~~~~~C~C.~6.38j FKAL SETTLEMENT AGREEkEhT 26 I 0 0 - t t P. Dismiss21 of Litigation. The Parties shall execute appropriate documents to dismiss, with prejudice, the litigation referred to in Paragraph I(B)( 1) of this Agreement and to report to the court that the prior interin settlement has been converted to this permanent settlement. Notwithstanding, and if the Court is wiIling and has jurisdiction to do so, the Parties shall request that the Court, with the Honorable Magistrate Judge Louis Porter assigned, retain jurisdiction to mediate any disputes that may arise under this Agreement and to enforce this Agreement as may be required. IN WITNESS WHEREOF, the parties hereto have executed this Asreement as of the dab and year first noted above. Dated: ?\q'iy Dated: t/.alpi CITY OF CARSLBAD / ; /? By: Claude fb//d .A/ ' ' g. Le&: /gc3 kfayor COCNTY OF S.LY DIEGO By : L&%TWNCE Z"$,&.& B. PRIOR,, 111 ' Chief Administrative Officer Dated: ?/7/4 7 By: F\CLIEMS\CITCr\D\COAST\VS1?DOC~~IE~~,CTTC.-\D6.3Sj FMAL SE?TLE.LEM AGREEXIEM 27 < I’ I. e - - i I t e APPROVED AS TO FORM AND CONTENT: Dated: .+y) rZ/ WORDEN, WILLIAMS, FUCHMOND & ELLIS ’ 1’ A Professional Corporation By: &$$!id k& D. Dwi, t Worden, Dated: >’/ e (1 - I ! G- c, ”\ Attorney for City of Carlsbad COUNTY OF S.&V DIEGO ,<(. ,I : ! By: ; :,- Lc(i;t~ i, / !, 1: I , f./’ i/ (\i J ..;.LL;;>‘ < ,I I- “C$? WLLW21 DEAN SWi?i, kpty county c Counsel Dated: ?//,,/? 7 WHITE & BRIGHT Attorney for Coast li’aste Manazement, IRC. F:\CLIENTS\CITC,U)\CO.~ST~VS~~OC~~.~~~~C~C.~~.~X~ FINAL SEgLELEM AGREEXEm 28 * i e. 0 ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On August 5, 1997 , before me , Aletha L. Rautenkranz, City C1e (here insert the name and title of the officer), personally personally known to me ~x$@x~@m~~~km& I appeared Claude A. Lewis, Mayor sakxi~~f~x;igxmk~& to be the person&) whose name(& isgaze subscribed to the within instrument and acknowledged to me that he/&x&thzy executed the same in his,&ex$kh&x authorized capacity@Bq , and that by his/h~~ signature(* on the instrument the person(=), or the entity upon behalf of which the person(xx) acted, executed the instrument. WITNESS my hand and official seal. (qupp7 . /Yc&k a- Notary Public City Clerk / / ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On August 5, 1997 , before ne, Aletha L. Rautenkranz, City CleI (here insert the name and title of the officer), personally appeared D. Dwight Worden, Attornev for the Citv of Carlsbad ~&xksfb~miik~~a~ to be the personee whose name@$ is/= subscribed to the within instrument and acknowledged to me that he/slwy’&xezy executed the same in his-g-xx authorized capacity Qrirw , and that by his/keq&b&x signature(@ on the instrument the personps), or the entity upon behalf of which the person(=) acted, executed the instrument. personally known to me (a~~~~~x~~~x-~~~~~~~~~ I WITNESS my hand and official seal. 4 ia,,,.,, Notary Public City Clerk 4 ia,,,.,, Notary Public City Clerk F:\CLIENTS\CITC.~\COASTWS~OC~~~~CITC~6,3S5 FNAL SETTLEMEVI’ AGFSEMENT 29 b ). 0 e ACKNOWLEDGEMENT STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN DIEGO ) On 8,/7/4 7 f before me, AL7.y /%eK A&Lr-j/ (here insert t e name and t tle of the officer), "ersbnally appeared rte. , ~r-. diG personally known to me (or p'P'oved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) a 1s = subscribed to the within instrument and acknowledged to me that capacity (ies) , and that by@hr/t,h.cFr' signature (s) on the instrument the person(s), or the entity up person(s) acted, executed the instrument. @/sh+#+q executed the same in m/h:r'Laeu- 4-1 ' authorized WITNESS my hand and official seal, ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SPAN DIEGO ) ) ss. \&ALL= LAIDCL L LLL~ IldrnP ann r On ALJ&ir%T g,, /997 , before me, ddtflt 5. HDLTsc# /horn in"-+ +L- --- ..__.. z ~-2 Litle of the officer) f personally appeared LftwRENCE B b TRICK a personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public ~ . . - - "_ - - ""-1 F:\CLIE~~S\CITC~\CO;\ST~~'S~~~~~~~~~,~~~C~D6,3Xj FINAL SETTLEMENT AGREEMENT 30 -. - 1 I. * .. f k \ .. . m- - 't 1 - \ 31) 5, 2 - PaLomEr %I,/ '/ Solid -i+s$~ -I y .. .. .- "7.E.Y r? - :-. L Ab ULG I 0.:: .._ I . "- n Lransrer r site ;-i ?;; c;,G,? E/i72,77 , 3::' -.; ' r.l - ,$& i.y, ,.>'. )- ,'I --":e 1 YiC/1%:/ 7 j' l>.:scs~: 0 I? "- I " t '. f/C --==-;=- c 1eec - -. - - czcz \. 2- & \r . /' /If 7.7 f c7 ' y$ / 'iA - Ci\<-, /? y/h yy, y& .. i 2.T .-.\ 1 \- , \ y 7 i.- -% -?o 3 / I .:\ """ c CITZ \> t i i ,,' ,/- / ;. >..jp- q:-~ \<:x \., 1z.53': 7.7 z-7 "" < Z". I' I[ \!/I,,/(,,/ \: ;/ / , \, 1 - *-. -1: -1" 7 I 2 y\ \\ < Y /" -2 ;/' 1 ,; - . "b..." .-.L"L. .:///i"'/ 1 i y / I / \;i / 1 p ";C:'~z.". / y\yx ,-, s-: , .- / \; / bS2{i,&-,- "" L.52 \"+' /%-,n"=- J .> ..;> +. '.\ / - = x. O\ +.)< 'i$/ \ y / .). ., "+--a c_F. i -vp _c_Ss,< F- "2Re *- EEGZND -xi -q3-.s022- SZ.e,lG Loczi;o,? - -4ZZ5zge FLcpJ t ~~~~~~~ .A -1- \- 7 By: F.E. Ex v"; c I' $ b .. .- . .. .- .i,;\a .... . .\ I A\;( f'! / yJgF(-/- 0.. .. ' ! /,f J-1- J- r1-2 e /r :lL; AJp1g-J - * GJ 3.122 @ 2.t155 - - ICTAL - 5.257 (&-,a +-/-A /. < - I' - --.I 1 23 \-; \ ,? " L.) Fms z)gr& +PC -z"--; cy-.- -..- \ - 5 DATA NORTH @ h S7012'Sf"E 5a.C.' -p SCALE: I" = 209' e R=fCO.cc* BASIS OF BEARING: hX44~C-(~>Q- XLfD WTE mNSFE2 LEX~ Lr7'C.S41 SITE SU~YFY per M~NICI~L E.VGiNEER,INC. 12-7-85 Q 5?a'42'04-~ 4-7v E"ARTMEM OF GENEiiAL SERVICES *,,xoy~g ,T 6,sp. iA'c~ilTY AND REAL PROPE~T~ ~lvls~~~ 2-\ BATL 05-1c-&7 cwm'f OF SAX' DIEGO w*a* rr MnT &CALI I 'I,= 200' l!l-'A~*~~~,~~*s~~~'~~~ -- b,+?Ab,tAn-.. I I2 I I , ~ I j b 0 ... i JL- L.at. : 0 . " .-- -_. E-P.T7 h - - " ". PZLOEl2T - \, :\ -.I! 2,i,A - Solid. N2sf-e bF m - I ransfer SFtE , * 6:' ..\. .&1< ::v .- . b I' 2 -"&- 1- Li'CfNl T j' ;d,q8=: 0 IW . "- 1 I 1 -u . 1;; -7 r.7: 5 fee; I - LEGEND t \ - -4r22zzge ?lC\\, .. . i:. : .. \ By: F.E. E?- .. " I 0- 0 I ATTACEIMENT -4 No. 97-191 1 TUESDAY, lsuNE 24, 1997 June 24, I! e AMENDMENT TO RESOLUTION NO. 77 ESTABLISHING SOLID WAS'. MANAGEMENT AGREEMENT BEE AND REVISING SOLD WASTE DISPOSAL F1 SCEIEDULE ON MOTION OF Supervisor cw , seconded by Supervis S later , be it resolved as follows: WHEREAS, Section 68.513 of the San Diego County Code authorizes this Board establish fees for the use of designated County Solid Waste Facilities, and NOW, THEREFORE, BE IT RESOLVED as follows: The following fee schedule is hereby established: I. DISPOSAL FEES - EFFECTIVE MAY 1,1997 * A. GENERAL Fees for the disposal of Solid Waste shall be based upon the actual weight of wa delivered at the may, Ramona and Sycamore Landfills. A minimum fee will assessed on all Charge-by-Weight loads. Art the Borrego Landfill where scales are 1 available, fees shall be a flat rate based on historic averages for various vehicle ty~ At all landfills, fees shall be set rates for passenger vehicles, pickup trucks, or tow vehicle and small trailer* combinations,, whose loaded weight is less than 6,( pounds for General Refuse and 5,000 pounds for Clean Green material. Any vehic or combination of vehicles, whose loaded weight exceeds 6,000 pounds for refbe : 5,000 pounds for clean green material will be charged by weight. *(trailers measuring no more than 8' long X 5' wide X 3' high) SFER STATION GA'IX FEE (SECTION 1-C) The fees assessed for refuse delivered to the Palomar Transfer Station. (Lea: Facility). 6/24/97 (77) ~~~~~~~. "D .. 0 - : Fee Schedule Page 2 0 June 24, 1s J dANDFILL FEES (SECTION I-Dl The fees assessed for refuse delivered to County of San Diego landfills. Rml COWAZNER STATION FEES (Section I-E\ The fees assessed at the County of San Diego rural container stations for residen refuse originating in the local service arm. 5 WASTE W,ES Fees assessed for the disposal of certain plant and wood wastes which are suitable mulching and not contaminated with other refbe. Clean green and clean wood w; loads may .be mixed. In the event of mixed loads, it is the responsibility of customer to unload each type of waste at the appropriate recycling area or tip$ deck on the landfill. SPECTAT/ HANDLING FF,ES (Section m Fees assessed, in addition to the disposal fee, for specific items which require spe! handling for landfill disposal. AD”ISTRATTVE FEES (Section lQ Fees assessed, in addition to the disposal fee and separate &om Special Handling Fc to offset County staff time required for various non-typical items or events. B. DETERMINATION OF FEES 1- - Mixed Waste ............................ .%38.00 per ton (m - Clean Green or Clean Wood Waste ................ $35.00 per I 2. DISCOUNT RATES a. Direct Haul Volume Discounts Discount rates will be offered to those companies with defer accounts who direct haul to the County landfills. The $38.00 per. base fee will be reduced as the Company’s total annual tom; delivered to the County’s system increases. b. Transfer Truck Discounts Discounts will be offered to transfer trucks originating from permit transfer stations (other than the PaIomar Transfer Station and Interior Zone hauling contract.) - 0 - 0 . a Fee Schedule Page 3 June 24, 11 4 - c. Solid Waste. Management Agreement Discounts Discounts will be offered to collectors that enter into Solid W; County landfills. J Management Agreements with the County for waste direct haulm 3. CARS AND PICKUP TRUCKS (See Section VI& part E, "Vehicle Defnitions") Set rates have been established for Passenger Vehicles, Pickup Trucks towing vehicles and small trailer combinations, whose lo&d w&& is than 6,000 pounds for General Refbse and 5,000 pounds fir Clean G matedal. Any vehicle, or combination of vehicles, whose loaded wej exceeds 6,000 pounds for refuse and 5,000 pounds for clean green mate will be charged by weight. 4. FLAT RATES In all cases where the actual weight of the refuse entering the landfill disposal cannot be determined, flat rate fees (derived as the product of appropriate towe rate times the averase weight of loads for each categ of vehicle or container) shall be assessed. C. PALOMAR TRANSFER STATION GATE FEE All Waste . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . , , $38.00 per tl * D. LANDFILLFEES The Fee for the disposal of residential, commercial, demolition, aridfor indust waste in County of San Diego Solid Waste Facilities is %38.00(max) per ton. minimum fee of $15.00 for General Refuse and $8.00 for Clean Green will be asses? on all Charge-by-Weight loads. NOTE: At the Borrego IandfiU where scales are not available, flat rates wiU assessed for 'dl vehicles. Flat rates will be assessed at Sycamore, Otay and Ram0 when scales are inoperable. - - . 0 -. Fee Scheduie Page 4 0 June 24, 1s 1. P ASSENGER VEHICLES AND PICKUP TRUCKS General Clean Refuse Green a. Minimumhad* $ 5.00 $ '5.00 b. Passenger Vehicle $ 10.00 $ 8.00 whose loaded weight is less than 6,000 pounds for rehse and 5,000 pounds for clean green c. Pickup truck, or towing vehicle $ 15.00 $8.00 and small traiIer combination whose loaded weight is Iess than 6,000 pounds for refbse and 5,000 pounds for clean geen At those landfills operating an on-site recycling facility, passenger cars and pick will not be assessed a disposal fee. * Minimum Load : Any vehicle whose load is contained in not more thm standard 32-gallon trash cans or bags, will be assessed the minimum load f mks canylng 100% designated recyclable material kern residential sources 01 - 2. DEFERRED ACCOUNTS- DIRECT HpiuL VOLUME DISCOUNTS Solid waste transported directly to the landfills in vehicles other than trans trucks. Base tipping fee: $38pertm(m Deferred Accounts: TondYear delivered to the Countv's Solid Waste Svstem 1-30,000 tOns/yW 30,001-200,000 tondyear >200,000 tondyear $36 per ton $32 per ton $30 per ton NOTES: 1) The differential rate applies to the tonnage a waste company w a deferred account direct hauls to a County landfill. ' 2) Tonnage deliver to Palomar Transfer Station will be included when calculating total ann1 tannase for the purposes of determining the discount rate for direct haul. - 0 x - Fee Schedule Page 5 0 June 24, 199 3) Adjustments will be made accordirig to the administrative policies ar procedures for tipping fees. 3. WASTE MANAGEMENT AGRF;EMENT COJ ,T ,RECTO= - Solid waste transported directly to the landf3ls in vehicles, other than transf trucks, by collectors that have entered into a Solid Waste Manageme Agreement. Discounted Tipping Fee: $32.00 per tc NOTE: In the interim period until Solid Waste Management Agreements 2 approved by the Board of Supervisors and during the period allowed 1 preparing and entering into the Agreements, companies holding a va County collector permit shall be eligible for the discount. 4. SFF,R TRUCKS Solid waste transported in transfer trucks on-sjnating from permitted trans stations other than the Palomar Transfer Station" a. Fee at Sycamore, Otay, Ramona and Bonego land&. for per mi^ haulers hauling fiom a permitted transfer station $25.00 per ton - b. Fee at Qtav landfill for permitted haulers hauling from permitted trans station greater than 25 miles radius from the Otav landfill $17.00 per ton *Excludes Interior Zone Rural Container Stations 5. TRANSFER TRUCKS FROM PALOMAR TRANSFER STATION* Solid waste transported in transfer trucks originating from Palomar Tran: Station. Tondday delivered 1-325 38.00 per ton 326-800 .. '$5.50 per ton >800* * $4.75 per ton - - . 0 T ' Fee Schedule Page 6 June 24, 199' NOTE: The first 325 tons per day are always charged $8.00 per ton. Tk next 475 tons are charged $5.50, etc. Adjustments wiJl be made according t the administrative policies and procedures for tipping fees. * Rates for Palomar Transfer Station are wntingent on the City of Carlsb~ and the County of San Diego successMy negotiating a settleme: agreement and a lease agreement.. ** Valid only ifwithin all permit limits and conditions. 6. . COJ JZCnON VEHICJFS - FLAT RATES (based on $3 8/t01 In all cases where the actual weight of the refuse entering the landfill 5 disposal cannot be determined, the following flat rate fees shall be assesse a. Mechanical Packers: WRateSize Clean All Refbe GreendWoo( A 14 cubic yards or less $107.00 $ 99.00 B 15 - 19 cubic yards $120.00 $ 111.00 C 20 - 24 cubic yards $228.00 $ 210.00 D 25 - 29 cubic yards $258.00 $ 238.00 E 30 - 34 cubic yards $301.00 $ 278.00 G 40 - 49 cubic yards $370.00 $ 340.00 F 3 5 - 3 9 cubic yards $320.00 $ 297.00 - b. Compacted roll-oE CQLkRateSize Clean J&u"bs GreendWooi A 14 cubic yards or less $131.00 $ 121.00 B 15 - 19 cubic yards $164.00 $ 152.00 C 20 - 24 cubic yards $199.00 $ 183.00 D 25 - 29 cubic yards $225.00 $ 208.00 E 30 - 34 cubic yards $23 1 .OO $ 212.00 F 35 - 39 iubic yards $235.00 $ 216.00 G 40 - 49 cubic yards $241.00 $ 223.00 - %. e - -0 7 Fee Schedule Page 7 June 24, 195 c. Un-compacted roll-off (dragon boxes): Clean WRateSize Al!B&u2 GreendWoo A 20 cubic yards or less $236.00 $ 216.00 B 21 - 30 cubic yards $163.00 $ 150.00 C 3 1 - 40 &bic yards $185.00 $ 170.00 D 4 1 - 50 cubic yards $23 1 .OO $ 212.00 d. Transfer Trucks $25.00 per ton (See Section I-D, Part 3a) cszk lLz&LkG L!Lmdiu BLUE A 55 - 60 cubic yards BLUE B 61 - 70 cubic yards BLUE C 71 - 80 cubic yards BLUE E 91 -100 cubic yards BLUE D 81 - 90 cubic yards $289.00 $341.00 $394.00 $446.00 $499.00 BLUE F 100-109 cubic yards $55 1.00 BLUE G 1 10 cubic yards or more $604.00 e. Transfer Trucks $17.00 per ton (See Section I-B-3b) - CSdG BLUE A BLUE B BLUE C BLUE D BLUE E BLUE F BLUE G Rate Size 55 - 60 cubic yards 61 - 70 cubic yards 71 - 80 cubic yards 8 1 - 90 cubic yards 91 -100 cubic yards 100-109 cubic yards 110 cubic yards or more All RefUse $193.00 $228.00 $263 .OO $298.00 $333.00 $368.00 $403 .OO - Fee Schedule Page 8 f. Other refuse collection vehicles: Per cubic yard of truck capacity (based on $38/ton) Per cubic yard of truck capacity (based on $25/ton see Section I-D, Part 3a) Per cubic yard of truck capacity (based on $17/ton see Section I-D, Part 3b) 7. QTHER VEHICLES - FLAT UTES a. Modified pickup trucks and modified trailers b. . Oversize Loads in pickups and trailers - c. Trailers over 8' up to 12' bed length d. Trailers over 12' bed length and towed by any size trucks e. Medium trucks and vans up to 12' bed length (two axle vehicles) f. Heavy trucks and vans over 12' bed length (two axle vehicles) g. Trucks consisting of 3 axles h. Any tractorltrailer comb. (5 axle rig) or 3-axle truck in comb. with trailer (pup) -. 4ux&&G $ 8.00 $ 5.25 $ 3.50 L!&mdb% $25 .OO $25.00 $3 1 .oo $50.00 $5 1 .OO $96.00 $33 1 .oO $605.00 June 24, 199 Clean @eens/Wooa $ 6.00 $ 6.00 $ 6.00 Clean Greenflood $ 12.00 $ 12.00 $ 28.00 $ 47.00 $ 47.00 $ 88.00 $304.00 $558.00 - 1 0 ' Fee Schedule Page 9 June 24, 19! E. RURAL CONTAINER STATIONS - The rural container stations accept solid wastes and recyclable items from local servj residential sources only. Mechanical unloadmg of any vehicle will not be allowed at rural container sites. 1. TI W,HCT,E ACCESS - Access is limited to the following vehicles carrying residential wastes and/or re( materials for which designated .collection containers are provided (additional s, weight restrictions may apply at some facilities due to operational limitations). a. Passenger vehicles (see Section VII Dehitions, Part E Vehicle Definitio b. Pickup trucks (see Section VII Definitions, Part E Vehicle Definition! includes flatbed trucks with beds that do not exceed 6' in width or 8' in This excludes vehicles having a GVW rating above 13,000 lbs. c. Vehicles larger than pickup trucks having a verifiable GW rating of 15,C or less, will be allowed access only when containing no more than fc standard 32-gdon trash cans or bags of refim and/or recyclable items. d. Trders 8' bed length or less. e. Trailers greater than 8' and less than 12' in bed length will be allowed awe when containing no more than four (4) standard 32-gallon trash cans or I refuse and/or recyclable items. - f. Small flatbed or stakebed trucks measuring 6' X 8' X 2.5' (120 cubic feet) will be charged the pickup rate. If sideboards exceed 2.5' (30"), the vehi be charged the modified pickup rate. 2. DISPOSAL FEES AT RURAL CONTAINER STATIONS (see Section VII Definitions, Part E Vehicle Definitions) A $2.00 per standard 32-gallon bag or container fee will be assessed for all vehicles bagged or containerized waste or clean green materials. The combined bag container fee shall not exceed the following set rate fee for the transport vehicle loads, not in bags or cans, will be charged the appropriate set rate): - 1 0 0- Fee Schedule Page 10 June 24, 199: General Clean Refuse Green a. Passenger Vehicles $10.00 $ 8.00 b. Pickup trucks and small $ 15.00 $ 8.00 trailers d. Modified pickup trucks $25.00 $ 12.00 and modified trailers e. Oversize Loads in $25.00 $ 12.00 pickups and small trailers Note: Trash cans or bags larger than the standard 32-gdon size will be charged each (not to exceed the flat rate for the vehicle). e 3. RECYCLABLE MATERIALS - Recyclable materials (except Clean Green, Clean Wood Waste and White Goo] which desiugnated collection containers are provided will not be charged a disposal : addition to the disposal fee, an Administrative Fee will be charged for each White item (see Section III Administrative Fees, Part C White Goods). All recyclable materials (except White Goods) shall be of a size which will fit i container provided and must be loaded into the appropriate container by the cut Customers may place White Goods on the ground in the appropriate area. All refi, doors must be removed by the customer. 4. VARIOUS RESTRlCTED WASTES The following solid wastes may not be disposed of at a rural container station ar be disposed of at an approved recycling center or landfill: a. Any item which is subject to a Special Handling Fee or which requires a Ha; or Non-Hazardous Waste Manifest b. Soil, rocks, stumps c. Brush from land clearing (public or private) d. Tree trimmings from commercial or public agency tree trimming projects e. Yard or wood waste which exceeds 5” in diameter or 5’ in length f. Construction wastes g. Agricultural wastes h. Demolition wastes - e a Fee Schedule Page 11 0 June 24, 199 I. Industrial and commercial wastes k. Rebse resulting from a public safety or nuisance abatement J- Animal waste products (including manure) 1. Tires unless cut or shred to particle sizes no larger than 12" & SPECIAL EIAWTXNG FEES Items disposed at a County lanm in the following categories are subject to special fees as specifiec fee will be in addition to the disposal charge with a maximum special handling fee not to t $150.00/vehicle except as specified in Parts A and B below. Fortyeight hour advanced scheduling is required for Items A-F. Cat the Solid Waste Office to sc an appointment. A non-hazardous waste manifest may be required for some items. A. LARGE ITEMS: Any single item which due to its size, weight, volume or other physical characteristics rt special handling and/or equipment or which presents a signdicant health, safety or oper problem. 100cu.ft.andunder ............................................. S50.0~ Over100cu.fi. ................................................. SO.50 B. CONTAINXRIZED SOLID ~USTRLAL WASTE: - Containerized non-hazardous solid industrial waste (Le., solidified resin, tar, graphite dus 1. CONTAINERS UP TO 24 GALLONS .......................... $ 1.01 (or up to 3 cubic feet) 2. CONTAINERS 25 GAL. TO 50 GAL ........................... $ 5.0 (or 3 to 7 cubic feet) 3. CONTAINERS 55 GALLONS OR GREATER. .................. $10.0( (or greater 7 cubic feet) C. NON-CONTATNERTZED SOLD INDUSTRIAL WASTE .............. $50.0 Loads consisting of more than 10 cubic yuds of food waste (> 50% solids) or non-contair non-hazardous industrial waste. .~ 9 e .- 0 Fee Schedule Page 12 June 24, 195 - D. DECONT~ATED BIOHAZARDOUS WASTE* .................. s 5o.a Loads consisting of 10 cubic yards or more of decontaminated biohazardous waste. * Loads containing less than 10 cubic yards of decontaminated biohazardous waste 7 be assessed the $50.00 Special Handling Fee. E. NON-FRIABLE ASBESTOS* ..................................... $50.C Loads consisting of 15 cubic feet or more of Non-friable asbestos containing Non-Hz waste material. * Loads containing less than 15 cubic feet of Non-Friable Asbestos containing mate, not be assessed the $50.00 Special Handling Fee. F. WASTE WATER TREATMENT BY-PRODUCTS .................... $50.1 Loads containing waste water treatment facility by-products such as sludge (biosolids), ; bar screen materials.. Waste water treatment facility by-products containing less than 50% solids require appl County Solid Waste Services, the Regional Water Quaby Control Board, and th~ Enforcement Agency. G. ANIMALS: Persons engaged in permitted dead animal removal services are subject to Chapter 8, 62.810 of the San Diego County Code of Regulatory Ordinances. This requires that su animals be disposed of at a reductiodrendering plant and therefore will not be accepted at landfills, Dead animals which are not subject to San Diego County Code as referenced above accepted. 4. Any dead animal that weighs in excess of 250 lbs. and less than 500 Ibs. or any combination of smaller dead animals in excess of 250 lbs. and less than 500Ibs. ...................................................... 5. Any dead animal or load of dead animal(s) 500 lbs or more. .................................... $50, * I a -. - Fee Schdde Page 13 June 24, 199: - H. TREE S?rTruIpS* ............................................. $25.001~ Any tree stump more than 5 feet in any linear dimension in mixed loads and disposed in the g refbse area. * Tree stumps separated into clean green loads without contamination and less than in any linear dimension will be charged the Clem Green fee only. L HARD TO HANDLE M.4TERXA.L. ................................ S 50.01 Loads containing more than 10 cubic yards of straw, metal fence, car seats, mattresses springs, or similar hard to handle materials. J. LARGE POLESRIPES, ETC. .................................... $15.04 Poles, pipes, tree trunks, logs, bridge pilings, etc. over ten (1 0) feet long or in excess of 12 in diameter. K. SPECIALDISPOSAL ............................................. $50.0 Any item requiring cratering immediate burial or other special handling for health and reasons. m. ADMINISTRATIVE FEES e Administrative fees provide funding for County staff time and processing and are separate from ; Handling Fees (Section n> and Fee Processing Charges (Section IV, Part B and C). Items in the fol categories are subject to the Administrative Fees. The fee will be in addition to the disposal j separate from Special Handling FeedSurcharges, if applicable. A. NON-HAZARDOUS/SPECIAL WASTE MANIFEST .............. $50.00h Loads of special wastes that require special waste manifests or appointments (i.e., certifit infectious wastes and certified contaminated soil acceptable for disposal, etc.). B. STAND-BYFEES .............................................. $50.0 6. Loads requiring County personnel to oversee disposal operations, as determined County of San Diego, for safety, health, and/or operational reasons: minimum c1 hour. 7. Vehicles found transporting unacceptable materials to the landfill and required to on-site for regulatory agency resolution: minimum charge 1 hour. I e e- - - Fee Schedule Page 14 &m$24,1% " C. WHITE GOODS: commercial disposal of White Goods is not authorized. Residents may dispose of White only at those landfills operating an on-site recycling facility. In addition to the disposal Administrative Fee will be charged for each White Good item. All refrigerator doors I removed by the customer. .. 8. Landfills !3 20.0 9. Rural Container Stations ................................... $ 5.00 i $ 20.00 for each add ................................................ .. I). FEE FOR MISREPRESENTATION OF WASTE ORIGIN: To comply with State mandates, aU Solid Waste Facility customers shall provide infomati01 request, on the source of the waste being hauled to a County facility. The information ij the source city of the waste that is being hauled and the trash route for trash industry v( Landfill or bin site access may be denied to facility customers that refhe to comply u County's requirement to obtain source of waste infomation. If the waste hauler or customer misrepresents the ori_~ of the waste, an administrative : be assessed. For each of the first three offenses, the fee will be ten (10) times the tipF assessed that vehicle, not to exd S1,OOO. Mer the first three offenses, the fee will be $ for each subsequent offense. - * E, MANDATORYRECYCLING: A table containing Administrative Fees and the implementation schedule for the Mar Recycling Ordinance may be found in Section V. of this Fee Schedule. F. UNCOVERED LOADS: ................................... $ 10.00 per t Charges will be assessed for those vehicles entering County of San Diego Solid Waste F; with uncovered or partially covered loads. The fees will be used to offset the costs of ta other litter control activities. Any customer assessed this fee shall receive tarps at the disposal site (ii available) and shal the tarps to completely cover the load as defined in Section 23 1 15 of the California Vehicl before proceeding to the appropriate unloading area. In the event that the load or the ye provided to ensure that no littering oms within the disposal facility. too large for the provided tarp to cover, additional fees shall be assessed and addition; * Nets or other suitabIe cover matenah may be issued in iieu of tarps . . e - -.- . I. Fee Schedule Page 15 June 24, 199 G. TIRE FEES: Landfilling of waste tires is prohibited unless tires are reduced in volume by shredding 01 methods approved by the CaEornia Integrated Waste Management Board. Whole tires are not accepted at the Ramona, Borrego, or Sycamore landfill, or any ( operated Rural Container Station Whole tires for recycling are accepted only at the Otay 1; Homogenous loads of tires wilI be charged by the ton. 1. Standard car and truck tires- up to and including 16.5" inside tire diameter 2. Inside tire diameter 17"- 24.5" (highway/cargo type tires) 3. Mixed load of car & truck tires with highway/cargo type tires 4. Inside tire diameter > 24.5" (idustridconstructiodoff road) S 3.00/tire or $300.00/ton $ 9.00/tire or %300.00/ton S 7.00ltire or %300.00/ton S200.00It' Ire or S400.00/ton 5. VOLUME REDUCED TIRE FEES; a. Passenger vehicles, pickup trucks, and towing vehicle and small combinations, whose loaded weight is greater than 6OOO pounds, and is cor approved by the California Integrated Waste Management Board, will be 1 at County IandiYIs for S16A'ON. - of 100% tires that have been reduced in volume by shredding or other n b. -All other vehicles will be charged the standard disposal fee. H. HAZARDOUS WASTE Customers who dispose of hazardous or other unacceptable waste shall upon notifics ,,required to retrieve the waste, if appropriate, within 48 hours and arrange for subsequent disposal. In addition, an Administrative Fee will be charged: The Administrative Fees below pertain to incidents occurring within a single calendar ye Firstoccurrence ...................................................... Secondoccurrence .................................................. : Additional occurrences ................................................ .< L 0- e- 1 :- - Fee Schedule Page 16 June 24, 199 If, for any reason, the waste cannot be released to the customer, or the customer dc voluntarily remove the waste, proper disposal of the waste wiU be arranged. In addition above fees, customers shall be subject to the payment of 100% of all costs incurred by the ( for labor, supplies, packagmg, transportation, and disposal of the waste. Payment of the fees specified in this section shall not prohibit the referral .of cases appropriate agency for possible civil and/or criminal actions. L LATE UNLOADING Vehicles unloading on the Solid Waste Facility in excess of 30 minutes after the posted ( times will be charged the Administrative Fee of $50.00 per hour with a minimum 1 (one charge. rv. PAYMENT OF FEES Section 68.515 of the San Diego County Code of Regulatory Ordinances sets the County's d payment account policy, as well as a cash payment system. At the discretion of the Director, pl or business checks, point of sale transactions (automated account debit transactions) and credit car also be accepted at the landfill for payment of fees. To ensure the County's receipt of funds, the C may implement a check guarantee system at the landfills as well as a point of sale and credit card 5 The method of payment for fees accepted at the rural container stations will be cash only. - The Director, at hidher discretion, may waive the liquidated damages assessed for late payme governmental agencies and in cases of the County's administrative error. A. DEFERRED PAYMENTS: Any person desiring to establish a deferred payment account for use at County Solid Facilities will be able to do so upon it being established, to the satisfaction of the Directl such applicant's credit rating is satisfactory and that sufficient security is posted. The requi to post a security is waived for local, state and federal governmental agencies as well as utilities. The Director has determined that the "sufficient security" requirement referred to in this s may be met by posting a security whose value is at least three times the average monthly ( of the deferred payment account customer, as determined by County personnel. Deferred payment accounts shall be invoiced monthly and are due'and payable upon ra statement. Payments not received prior to the next statement date which is the first day C .. month, wdl be considered delinquent. - a e- , Ib Fee Schedule Page 17 June 24,199 B. DELINQUENCY AND RELATED CHARGES: Monthly late charge for delinquent Deferred Payment amunts will be equal to $50.00 p! per month of the principal unpaid balance as liquidated damages. Ifa County Solid Waste Facility customer is delinquent in payments for any reason, the D may require that customer to pay cash fDr subsequent transactions. Ifnecessary, at the dis. of the Director, a customer who is delinquent in payments for any reason may be denied to the County landfills or bin sites. Examples of delinquent accounts include: 1. deferred payment accounts not paid in full prior to the next statement date, whicl 2. checks that are returned unpaid for any reason; 3. nondeferred billing customers whose suspended transactions are not paid in full wi 4. mandatory recycling ordinance administrative fee surcharges not paid in full wii first day of every month; days of the transaction date; days. C. PROCESSING FEES: 1. Processing fee for checks .................................... S 25.0( accepted in payment at any proc Solid Waste Facility which are returned by the bank unpaid for any reason. - 2. Processing fee for uncollected ................................ $25.0 suspended transactions which have trans not been paid in full within 30 days after the transaction date. This fee applies to non-deferred billiig customers. 3. Processing for duplicating .................................... $ 5.0 ticket or doc. V. MANDATORY RECYCLING IN EFFECT AT COUNTY DISPOSAL AGILITIES Mandatory recycling shall be in effect at all County disposal facilities. : The disposal of desi recyclable materials from residential, commercial, and industrial sources is prohibited. A recyclini is available fiom the fee collectors. - 0 0 - I ,r I Fee S-chedule Page 18 June 24, 19s A. clTXZXN HAULED WASTES Citizens hauling their own refhe in cars, vans and pick-up trucks are prohibited from dis of designated residential recyclable items and yard waste with refuse. At all disposal fa collection bins are available for designated recyclable items and drop-off locations are pr for yard waste. Citizens hauling their own reh to County disposal facilities who fail to p: separate and deposit their rqclable materials in accordance with the Solid Waste Ordinar the rules and regulations of the receiving facility, will be subject to a $1 5 administrative 1 B. COMMERCIAL HAULERS Commercial haulers disposing of waste at County landfills are prohibited from dispo designated residential, commercial, and industrial recyclable items. C. COLLECTION AND SEPARATION REQUIREMENTS Waste haulers operating in the unincorporated areas of the county are required to provi customers with containers and collection service for designated recyclable items, in accc with the regional implementation schedule. Waste generators are responsible for sel designated recyclable items from refbse prior to refbse collection. D. DESIGNATED RECYCLABLE MATERIALS - 1. SIDENTIAL RECYCLABl .E ITEMS; Aluminum, glass bottles and jars, newspaper, plastic beverage bottles, tin and 1 cans, White Goods, and yard wastes. 2. COMMERCIAL RECYCLABLE ITEMS; a. From office buildings of more than 20,000 square feet used for com governmental, or educational purposes: aluminum, corrugated car newspaper, and office paper. b. From hospitality facilities which includes all restaurants and taverns, and hc motels with eating and drinking establishments: aluminum, corrugated ca~ glass jars and bottles, plastic beverage bottles, tin and bi-metal cans, a~ goods. 3. USTRIAL RECYCLABLE ITEMS; .. Industrial loadiconsisting of 90% or more of any one of the following materials: concrete, dirt, land clearing brush, sand, or rock. 0 0 - 6 !I I Fee Schedule Page 19 June 24,199 E. MANDATORY RECYCLING IMPLEMENTATION Disposal of designated recyclables is prohibited. In the event that citizens or commercial I mix designated recyclables with solid waste for disposal, the following administrati surcharges may be imposed in accordance with County Code. Citizen hauled: $15.00 Admin. Fee Commercial haulers: $100.00 Admin. Fee VI. MXSCELCANEOU$ A. COUNTY CODE AND CALIFORMA VEHICLE CODE Section 68.505, Chapter 5 of the County Code and Sections 23 114 and 231 15 of the Cal Vehicle Code are incorporated by this reference. B. OFFENSrVE LANGUAGE OR BEHAViOR Any person using obscene, offensive or threatening language or behavior toward dispo; personnel in the performance of their duties may be denied entrance to or use of a Solid Facility for a period of time as determined by the Site Manager. m. DEFINITIONS A. CLEAN FILL: Clean earthen .fill material qud@ing for use as cover soil must consist only of soil andlor m less than 6" in any dimension. If accepted, clean fill disposal exemptions require from one five (5) days pre-approval by the Solid Waste Office depending on the quantity and n materials to be delivered. Soil analysis may be requested of the owner or transporter t determine the appropriateness of the soil for use as cover material. B. CLEAN GREEN: Any load containing "green" materials only. Greens include all leaves, grass clippings, shru brush, tree trunks, limbs, and branches that are appropriate for mulching and composting. cactus and some.succulents are not suitable for mulching. .. - + 1' 0 .. t <: e Fee Schedule Page 20 June 24, i9S - C. CLW WOOD WASTE; Any load containing wood waste only. Wood waste includes lumber, pallets, wood blocks, f and shaxings, that are appropriate for mulching and composting. Wood waste excludes tre painted wood and shingles. D. DEMOLITION MATERIAL (Rural Container Stations Only): Any load c0ntdU;ng 200/0 or more heavy, bulky, dense, non-compressible or similar materiz be classified as demolition waste. This includes but is not limited to: concrete, masonry, a all land clearing materials, cobblestone, metal, plumbing fixtures and pipe, electrical fi materials used in the construction or razing of structures (including fences, patios, storage or decking), gravel, sand, clay products. E. 'CTEHICLE DEfiTNITIONS: The final determination of fees for all vehicles will be made by the fe's collector at the di facility when visually inspecting the load. Any vehicle, or combination of vehicles, whose weight exceeds 6,000 pounds for General Refbse and 5,000 pounds for Clean Green mater be charged by weight. Vehicles weighing less will be assessed the set rate by vehicle catel 1. PASSENGER VEHTCLE; (include but are not limited to),; Passenger Car,,-: Wagon, Utility Vehicle or Minivan. Loads must be entirely contained within the - or the vehicle will be charged the set rate for a Pickup. 2. PICK-UP TRUCK; (include but are not limited to): Standard bed pickup truck ( 3. SMALL TRAILER; A trailer measuring no more than 8' long X 5' wide X 3' hig 4. MODIFIED PICKUP TRUCW OVERSIZED LOAD; A p:ickup truck that ha size van. altered or modfied in any way that increases the load carryirlg capacity of the \ including, but not limited to: sideboards, tool boxes, lumber racks, camper shells makeup of the load itself. 5. MODIFIED TRAILER/ OVERSIZED LOAD; Any trailer with a bed measuren load larger than 8' long X 5' wide X 3' hi&. 6. AGER'S DISCRETION; In the event that any vehicle .or trailer does not a with the description or intent of vehicles qualifjmg for set rate fees, the Site Mana designee, has the authority to charge that vehicle by weight. 9, .- 1 *, ' '1 .I 0 0 - Fee Schedule Page 2 1 JUne24,N 7. TRANSFER TRUCK; A vehicle used to perform a re-haul hnction by haulir volumes of refhe that has been transferred to the vehicle from multiple collection 7 for economic hauling. TO qualify for the Transfer Truck rates estabGshed herein, the vehicle must cc minimum of 15 tons of refuse, and employ a mechanical utiioadiig system. Transfer Trucks must be permitted and carry a current, unrwoked decal issued Director. In general, roll-off transporters or roll-ofi transporters with jandem trailers included in this definition. Such vehicles used for transport of waste processed th permitted transfer station may be decaled as a transfer trwk at the discretior Director. F. WHITE GOODS: Any of the following household appliances: dish washers, stoves, refiigerators, freezers, washers, dryers, and hot water heaters. m. COLLECTOR AND TRANSPORT PERMIT FEES The following fees are established for Collector Permits and Transporter Pe~mits. A. COLLECTOR PERMIT FEES - Fed 1. NEW PERMITS (Class "A" or Class "B") InitialFilingFee ............................................... 9 Collector Permit Area Fee (each permit area) .......................... : Decal Fee (each truck) .......................................... 9 2. RENEWAL PERMITS (Class "A" or Class "B") Filing Fee ......................................... .. .......... Collector Permit Fee (each permit area) .................. i. .......... Decal Fee (each truck) .......................................... L B. TRANSPORTER PERMIT FEES Fed FilingFee ................................................... 3 Transporter Permit Fee .......................................... 9 Decal Fee (each truck) .......................................... 3 1. W PERMTTS Y. 1' . I) 1 0 - Fee Schedule Page 22 June 24, 195 - 2. v FilingFee .................................................... 3 Transporter Permit Fee ......................................... $ Deed Fee (each truck) .......................................... $ C. MANDATORY DECALING: To facilitate the charge-by-weight system and customer processing at County landfills, all C boxes and all commercial vehicles and trailers normally charged by weight, shall be decd may be retared at the discretion of the Director. The Director may at Mer discretion, waive the requirements for decaling for those haul€ frequent the County landfills four or fewer times a calendar year. The Director may at hidher discretion, refuse entry to haulers who do not comply with the C program. Ix. NCE REQll,m.EMENTS Every permittee shall maintain and keep in force the following insurance coverages and limits: COWRAGE LMTS Worker's Compensation Statutorv - * General Liability 1. S 500,000 bodily injury per person 2. $1,000,000 bodily injury per occurrence 3. $ 250,000 property damage or in lieu of 1, 2, : ' combined single limit bodily injury and property coverage of $1,000,000. Each policy of insurance shall contain the following clauses: A. "Certificate Holder (County of San Diego) shall be named Additional Insured solely as : operations performed by or on behalf of the Named Insured". B. "It is agreed that these policies shall not be canceled, altered or coverage reduced until th: days after the Certificate Holder shall have received written notice of such cancellation, a or reduction. The notice shall be deemed effective on the date delivered to said Certificate as evidenced by properly validated return receipt." .. .. I. J I I, Q a 1 ,t 1 Fee Schedule Page 23 June 24, 19 BE IT FURT€3ERKESOLW that this Resolution replaces that certain Resolution adopted by tht of Supervisors, and amended last on 4/29/97 which last said Resolution is hereby resc BE IT FURTHER RESOLVED that this Resolution shall take effect on 6/24/97 PASSED AND ADOPTED by the Board of Supervisors of the County of San Diego, State of Cal this 24th day of Ju-e by the following vote: ms: COX, Jacob, Slater, RDberts, Horn (STATE OF CALTFORNIA) (COUNTY OF SAN DIEGO) I, Thomas Pastush, Clerk of the Board of Supemisors of the County of San Diego, State of Ca., hereby wrt@ that I have compared the foregoing copy with the original Resolution passed and a by said Board, at a regular meeting thereof, at the time and by the vote therein stated, which 4 Resolution is now on file in my office; that the same contains a full, true and correct transc~pt thc and of the whole thereof Witness my hand and the seal of said Board of Supervisors this 30th day of ,TIIW Thomas J. Pastuszka Clerk of the Board of Supervisors - BY 7/L&.'9A < Deputy Exion Egan 6/24/97 (77) .-*.":Cd: ;*:. -:; F;:??: ,q: vi.. iAJ;i+; &&:?&,:. "./. -x!& &W 6 ":i ~ .. ” a- e - f- < 1 h;’ 6 ,! ‘ ESDIT “C“ TO SETTLEbIENT AGREE3iIEXT I - PROECT EhX&!YCEhlEXT‘S - The follovv.ing projecr enhariceZ%Ij ar? included in the project descriprion 2nd 2;s to t: fiLnded by the County Solid ’IYasTe Division 2: IIO COS; io CO~~T, Carljbad, 01 Counv .~~~o~~: 1. Farzdav De:’ flicar!ci;. ’ Th; Counv shall m2.k~ EZ IEES.CCP:~!? O?Z to DediczTe 10 th? Civ of C2;lsjad (“Car]sbed”), at IIO cost ?-EO T:22 0f2!1 !ien~ 2~e c-cumbrmces: F.r&y avenue elon,o the proj?,: SiTe from ;he wes:ern edg. of::?~ COUX;>- o’:,?”F“’ .--.>‘.:? an< esrenaizc 2!! t~e ~2.y io‘the e:s< eksz :he Coi:nt): OLtnership. Tk.5 ?OD shSi b? fci 22 E4 f001 Rich: - ofYVr5 including slope 22~: 3.. c:?:? ensements. EO impiovernen:j s:?Z!l be ~s~c!;?c xoz the COQF.? uriitss the CounTy subxirs Fi2 IO develop these propezies E:~ I:?.? i;T.?ic\.?T:?n:s ~2 ~.or ?-lie?.,:; 15 pi:~~. Desiga 2nd z]igz;s Fzrzday sh.11 CO~~IY with Ck C‘irY’j dtj;;j? j:z::&rds for 2 seccndPq az?e:ial. The IOD jhzi] b: I o,ranied 10 Carlsb3.d no hie: ti?~~ thr22 (3) ~~nths a5er thz d.1~ UPOZ which the Ciq sup?!iej I? County v;i:h the necesszry enginetr!nf OF-:: j’k:c:v:nc; tn? sliczmen: fa: tb.e Faradey Road exT22.j .,- 7. 1. *, - . . ,- .. .I ., - I 11 is recognlzec ?.nc 2~:2t~ I?.z.:.Ps 2 -:.O:~T:Z! p~z or 1112 ~~:=s~e?.~ tO ce~!c2<2 1~~1~ Risk.; ‘7 1 -1 ‘1 CY , ,. I. .. , .1 - ,. \J;’atf tch!cz 1s O\,;TJ~~ by Coezr;* JLik20-<: IT.:: I,?.? oth?.: 7326 ~-.=;c,~t~:~~:s St: OUT be!,, \%-;: ... . 2 “ $!.eed ?..;.6 i.n.s;:iiz< ;is [;rLt :;e:-,?::; Q: Czl::.:.; >..i:,oz;s pro~tri 2: r.3 ~32: ~3 co:!.!?,. ~!r7ccs: ex, 1h-a~ in a.~a!rion, (‘p-r\sbzd v;;!: :?~.jes:.. ZC? t3r.5:~t: 12 go00 i?!::: zz-; ~~~~~~~~!~~ io dtx/.e!og CC: , .. . .I . le.’ - ,. . ~irpor,’~ p;o~~~~ ihzl c?-:, b? j?Ti’’+=” -:. &”--e*. ~ ._ . .. - . . 3. :L-- -. 1 =.z-c’, 53 ~S~ICS:?? ~RSZ: 12;s .A-i;r?=?,er.:, Tht epz . .. -. c hrve revit\;& he relerivs \:eixtj 0: ZS~ i~~ro~~~~:enij end c3nc!i:Gp.j 2nd agr?-. I. . *L” “ ill^’. ine ovt:; benefirj accruing 10 COILZ?\. .&r;oxj is ~ZZIY;~!~ZT TO or crez~2r ~52~1 I?:? v?-llLe o’1kie IOD r2qCire ., by this Age-, ’Tent. - 2. The Councy s?:!! EIE~? 27: IE~~:ccE~~? Offer to Dedic~te appro?<ix.te!y 21 00 fez: length, ai no Cost and fie? ofz!i liens ~?.d en~mbr2nces, in f2vor of Carljb2d for a 4s foot Ri(;h: FVay coverins the public e:-semtn‘;Izcctjs iG2s6 I?:.; se;ves the TraEsf?r scation. - 1 3. The County jhz!l: 1: reqc~-s~ .r L-L by C~lsSad, enter into a siandard public works contrxt with Czrlsbad to ?.cq~!ire .~ny nec=sja..r); Right of Way, and shall improve, or cause to bt improved and pay for, modiiicetions to ihe initrssciion ofFar2day 2nd El (“amino Rea! to prov;l two lefi turn lanes OU’: of F?.rzdsy onio El Czrnino R&, one through ]?,ne, and one risht turn 1~2: wirh a median/divider, all 25 shosvn on the a~x’ned plan. 4. The County shall enter inro a sa-dard public works contract with Carlsbad to instail, or caused to be instzlled and paid for, a deceleration lane approximately 300 feet in leng improved to prime arterial smdards on El Cmino Real as set for?h on the attached sheet. 5. The County shdl, a1 its option, either enter into 2 standard public works contract with Carlsbad or make arrangements to do the work itself, or to hue Coast do the work, to impr the interior access road to foriy (40) feet ofpavement, industriai sections, with dc berms. The .. F.’CL~.?STS:C~C.~\CO.~~~S~,~C~~~~~~C~C.~.~~~ 1 qgps“ &,:;-P,Jla c- I t 5' i a - e- ? *\.; .l pgcles snali coop2ra: in afl?l!!:t!ng th2 cO;?d!ZI3n ofthe ex1s:ir.g FzverneEt (incluein$ bzse 255 subbase) on site, and, based 02 sound enginezing pracrice, those ponions ofthe esls<ins .. z.cc=ss ~Y.zs;' rhar: 2:~ in good con~l:~~; 2nd \~hici: CP~ rcsombly be espec& to sen.ice tht \if? ofthis projecr, shall be widened, a~ci any 2re~ O~T~Z ?xisrinz ZCCSSS ~v2-y th2t 2rz not in ~ood condi:ion shall be removed and reple& 2s netaec: so ih21 th? end resulI will be a seed quality, $0 fool pp~; F-nd bermed indusrria! S~~RCZLQS ~ccss vv'ii2)' v.'~Ic~ can serge the reasonable life ofthis proj2C: 2:. least cost to the Counry. 1- 1. * *I ,. . 1, 7. 7.. 6. The Counry she!!, fer 2 T.:C:XCZ? of60 d2ys provide supp1ementaI s;ac - or ~A1~~!!~ . . ,- COntracr Lvorkers IO (I) be or. si~ during sv*e=XecQs TO fxilirare selfhEu1 users, answer qcesrion., 2nd ~ds~~ke communiry ~i~rions 2~ti~;i5?< IO mure thx selfhznl op2ra:ions E;? conduct=< jzfely, c!ezn!y, 2nd errlcienri>*: (3) to pick E? I~z?:, aliect tr?.II!C, pa~rol 2nd pelice tbz ziez: EE< pedorm re!sted i.sE;S durins \:,.elkend SZ!~ kl~! hoErs to ensure th21 self h2ul oper?-riozs 2;s conducted safely, cIe?.n!>i, 2~s ~z-IcI~ET!:~.~ e2.2 (3) On 22 "2.s ne=ded" 2nd ''2s requts:ed" by C2:;j: 1. basis assist in the cieanup of iiie?d " d~!~zi~:c .I 22 ?. r:jb[[ 0fope;~rionz 21 P2lom.r 2nd $,s c[osir-z the Sari hkrcos landfill. This inci~~d?~ rht ei3Sipt cIe?nup ofzny iiiegz! dunping 2nd reco~v.zj ~7: \i:rer to ensue tha1 Carlshci 20.s no1 e+?ri~ce 2 SI~ZI!~CZE~ increzse in ]it;;er 0' i!Ie,oa! du~~~i~. .. .. f-P ' ,- P", . e,-. ' . " as 2. resuli ofthis projecr. - I. -1 il,s soap. 23 pC::iFJ!t a%?: ::? =-.=.,-.I79 .- 1 . -.L-~..:~? or rm ~or=zn?::.~ COS; +:! pres=?&: I:?,? ccL vbirh r=rr?i?ts 7~2 records for i~,?;ovem?~rs ~:?,i? 13 152 SC.!=S 226 reisred fzcll!TIes v.+,ich Ccs_.r 22:~ for prior t~ ;+,e sisn~ng 0; 13:s .>.Z~:~T,S:: 3::: il: c-":;:3?.rica 07 :?!? sikni;,a In,ereo; ~?c !Ti ~rt~~~~~,~:~ ;, - ... .. .. P 7. 1. .. . c 1- " .. c~e:~,-~ & FZcil;? 21 SbQo p:,; 3s- ". 6.:; " cq--z--:-- v: ..... -..i.:.i >lXC>, I?. Is$:. T.?? Copnr,. s+;; D~~;11~.I::.. - reiE1burst Coz~ fgr thl s:.~?. If <sr 275; ~25::. ck.2 Cci~nn. cisperts ~7~1; iT3TL for v>.R;ciT 1.1 ~02s; TtC:lss r$nbt!rse,.n=nr, or dispcItj 5:;; r=cc;d cr 1 ?=,-J:-- "-:-.1 >-a<=q=rT _. b _..., L- -1 0)' Cos%:: T:.? ps-x!?s .. s?,ajl x?s: 2-7,2 c?,,:? rgod fz;[n 1~ yy ?::OK ro re:..:> :c;z?-2x; ~7: :::? ~:;:9:2~. 11 c>.?v 2,2 up.=5i= 10 .Era= -+a- - - "IC* C"LL. SEC2 C-,??: ?: .~ .. ', . 0- -. .. confx, then ch~ Ciry of CX!SXG s;?.~.il, 21 ?:? i2qL:tsT 01 e:me: ps~~., ?-a~oiF.t zq Ou&62. ntc:;:! 227; knowiedgeable in the su'cjjecr E.T~ wm snz!i etc~ce the mmer &X! u+ose &c:sIop. s>Lp!i be ~2:: z-.; binding. c ., , I ., . ., .. L- 6. Ln the ever?! th2~ [he taai ~~.rni Cos; io the Counp., bsed On pl?-qs ?-~d s~~ci~c~:~~~.~ zpproved by the pmies, for I::? inprovem2nz c?!!ed far by p~regr2phs ;,A, zqd 5 abovz, ~5,211 roc21 more thzq SSOO,OOO, the pazis sh:!I nee: z:: confer in ,oood fai& to consider redesi,cn options to rtduce the total cosr to the Co~xy below S5001CO0. .. .. F ~L~~\CTTC.~\O~~~S~~L~E~~L-~.~.319 2 . - ,...I. - .i< ic >- ~~ ;.: ,j!- YT. -..I..: ,: "I ;,-: .. ..I : 1 l-2 -, r i / -. THE LAW OFFICES 0 OF WORDEN, WILLIAMS, RICHMOND, BRECHTEL & GIBBS A PROFESSIONAL CORPORATION 0 462 STEVENS AVENUE. SUI SOLANA BEACH. CALIFORNIA ~~ VOICE [6191 75 FAX 16191 75 .I C. ., .. .- _, October 12, 1998 Karen Kundtz Assistant City Clerk City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008-1 989 Dear Ms. Kundtz: Pursuant to Kathleen’s request, I am enclosing a copy of the April 17, 1998 lette to the Honorable Louisa S. Porter for your records. Thank YOU for your cooperation in this regard. If you have any questions, pleas don’t hesitate to call our office. Ig Enclosure Very truly yours, WORDEN, WILLIAMS, RICHMOND, BRECHTEL & GIBBS, APC Rwwh / LORRAINE GREY~AK 1! Legal Secretary F:\CLIENTS\CITCAD\GENERALVETTERS\CiTCAD60.256 0 e ‘I ypq- tc;:c/ii”: t I THE LAW OFFICES OF 462 STEb \VORDEN, \VILLIAMS. RICHMOND & ELLIS SOLANA BEA( VOICE . .10.11,1O*.L 50*.01.110* FAX April 17,1998 The Honorable Magistrate Judge Louisa S. Porter U.S. District Court 940 Front Street San Diego, CA 921 0 1 Re: Coast Waste Management, Inc. v. Countv of San Diego. et aI. Case No. 94-1823 IEG 6) Dear Judge Porter: Please find enclosed for your records a copy of the Stipulation of Dismissal and Final Order signed by Judge Keep in the above-referenced matter. This confirms that the case i finally dismissed, but that Your Honor has retained jurisdiction to enforce the Settlement Agreement should any disputes arise. So far things are working well under the settlement, but ifwe need your help yo1 will hear from us, and we appreciate your willingness to serve in this capacity. Sincerely, DDW:kkm Enclosure cc: Bruce White, Esq. Erin Ward, Esq. Ron Ball, Esq. Frank Mannen WORDEN, WILL”$ RICHMOND & ELLIS -4 Professional Corporation / jy&JJL&f p& c-!!)qkiJ D. Dwight V!$rden F:\CLIENTS\CITCAD\GENERAL,WGF’ORTRLTR < I 0 THE LAW OFFICES OF 0 462 STEJ \WORDEN. \VlLLIAlCIS. IiICHiMOND c31 ELLIS SOLANA REA1 VOICE A "Ol.?lDIO"L CO".Ol.lIO* ./ 14. L{ ?$+<, L FAX ,A/, r, I. ,iy ;,: t., $1 MEMORANDUM TO: Ron Ball, Carlsbad City Attorney Bruce White, Counsel for Coast Waste Erin Ward, Deputy County Counsel FROM: D, Dwight Worden, Special Counsel for City of Carlsbad DATE: April 17,1998 RE: Coast Waste Litigation: Final Entry of Judgment Please find enclosed for each of you a copy of the Stipulation and Order signed by all counsel and by the Court (Judith 'Keep). I have also forwarded a copy to ,Magistrate Judge Port retained jurisdiction to enforce the Settlement Agreement should disputes arise. for her records, This confirms that the litigation is finally dismissed but that Judge Porter has Believe it or not, this completes the case! I sincerely appreciate the help of each one of you, and of your clients, in bringing this sometimes diflicult matter to a successful resolution. P could not have done it without you. Sincerely, WORDEN, WILLIAMS, RICHMOND & ELLIS 1 .&JJ& ub/d&d Professional Corporation D. Dwight v? Drden DDWikkm Enclosure cc: Frank Mannen, Deputy City Manager (w/ enclosure) F:\CIJENTS\CTTCAD\BAC.MEh4 ,' *' 't 'h 'k * j: 11 0 "-0 4 L 1 a2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ! Attorneys for Intervenor, CITY OF CARLSBAD I : c7.l E,PR .*.- 7 1498 a ORIGIN! D. DWIGHT WOmEN, ESQ. (SBN 63236) A Professional Corporation 462 Stevens Avenue, Suite 102 Solana Beach, CA 92075 ;/I Phone (619) 755-6604 I WORDEN, WILLIAMS, RICEIMOND AND ELLIS ~ UHITED STATES D SOLjTSXiY DISTRICT OF CALEIF0WT.A ~ ~ ~ 1 COAST WASTE MXVAGEiLIENT, NC., j a C.alifornia wrporztion, 1 I PlaintiEr; ~ ~ I . Ca~e YO. 94-1 823 IEG 6) * STIPULATION OF DISMISS,.; STIPlLATION FOR MAGISTk IUDGE LOUISA S. PORTER TC v. COUNTY OF SAH DIEGO, a governmental entity, BOARD OF SUPERVISORS OF COUNTY OF SANDlEW, its legislative body; SAN DIEGO SOLID .WASTE MANAGEMEBT AUTHORITY, a Joint Powers Agency; and DOES I through 20, inclusive, 5 / 1 i 1 Defendants. i I I ? CITY OF CARLSBAD, a municipal corporation, I 1 Tntervenor in Support of Plaintiff I. 1 ETA!% WSDrCTiON TO ENFORCE SETTLELMENT AGREEhRNT NOTWITHSTAB DISMISSAL; ORDER . ... _.: *. 24 IT IS HEREBY STPULATEI) by and between the paha to this action through their desi 25 1. The above-captioned action be and hereby is dismissed with prejudice pursuant to I 26 counsel that: Ruie of Civil Procedure 4 1 (a)( 1). 27 28 91 1 EN-EREDON (ql' . q7 . : ’ *. t i7 + 0- 0- - - - & ., I1 m , I t 2, The Honorable Magistrate Judge ? misa 3: Portcr sMl retitin jUri3diLliQn for pur 2 3 of enforcing this Settlement Agreement for tbc period of five (5) years fiom the date of entry ( Stipulation and Order, notwithstanding the dismissal, with prejudice of the underlyins action. 4 3. In accordance with the provisions of 28 USC 63qc)and FRCP 73, the parties in thi 5 6 haeby voluntarily consent to have a United States Magistme Judge conduct any proceedings reg2 enforcemcnt of the Settlement Agreement in this case. 7 4. As an informational matter it is noted that the Su, Diego Solid Waste Managc 8 9 Authzsty, 2 Joilt Powers Agency, was previorldy dismissed fiom this case by Order dated Ma 1996 signed by the Honorable Judith M. Keep, Chief fudge, a copy ofwhich is attached hereto. 10 12 11 Dated: 3,/lt,/q” 13 14 15 ‘L 16 17 Dated: z/iff?f . ’ 18 19 I 21 2o 1 WORDEN, WILLIAMS, RICHMOND &: ELLIS A Professional Corporation Solana Beach, CA 92075 462 Stevens Avenue, Suite 102 Artorney fo . Tn enor CITY OF CPLRLSBAD By: D. ~~~ Dw& t Worden u .r, COUNTY OF SAN DEGO ‘I I GOO Pacific %&way, Room355 San Diego, CA 921 0 1 Attorneys for: Defendant COUNTY OF SAN DEW; BC OF SUPERVJSORS OF COWY OF SAN DIEEGO .- .. r- By:. (e $ d+ c I nn War 2 Pqmty ounty ounse 22 23 Datd: ?/27,/96 W-LtTE & BRIGHT Escondido, CA 92025 355 W. Grand Avenue, Sde 2 24 25 26 27 28 Ill q I P -r ..' .. a -,<- A 7. 1 m * r, ', b 1 ORDER b . 2 ' In conformance with the above-Stipulation, and good cause appearing therefore, it is he 3 ordered as follows: 4 2. In conformance with the ahve-Stipulation and consent of the parties, for purpos 5 1. The above-captioned matter is dismissed, with prejudice. 6 enforce the settlement notwithstanding the dismissal with prejudice ofthe case. 8 case is referred to United States Magistnte Judge Louisa S. Porter who shall retain jurisdiciic 7 enforcement of the Settlement Agrement for the period offive (5) years fiom the datc ofthis Order 91 IT IS SO OEDERED. 10 11 12 13 14 15 16 17 1s . 19, 20 21 22 23 24 25 26 27 28 Dated: 4/7/ 7s' cv;cad'mnc?-r&r~ 1 ,. ' I .- 3 P - 4, d&! &Xcfl Date L , To .. 0 Reply Wanted F rorn "_ UNO Reply Necessary hh& B4l2d@ Ckh/i Ji/ r/,6-?J hf&- b@;$7 /IL/yb 4 jdp Mha @/od ?% %@ 4 (9 /4/Q@~ hK $mJb) occp &fflQy - PW;5lk+bor&v'- l& Lice@ b4b~@c [d LJ; J @ key 45 Ifi#orAedt /*hf p>- Ti &?W?&L- L!! , ,- i 7 i' 1% ! >OL3Lc-p d .rj i A/&i j: A,,/ -y !,", j 4 i L /" /b pd/ . ;i: t '. " - i. 1 Y. 3: :p$L>',,. I ~ .,EL: , .: i' _,. , > ~ __ \ " ', ' ', I f , ' ;; .- ", .'* ,.l "' , ' ,A Q ,. .. -2 ,_ . - ,*J u GEm / Gdh q+-* "=!! Date o-,L/!-(r @ ' L2 ;,~ .I , 0 Reply Wanted 7, \ .. From ().,/ J ,! .^d i (. <,>. I -: &&,a :, *L,,, UNO Reply Necessary ' _' :A ..~,, .,' - 'd - ,- 8 ,/-\ '.\ .., ,1 /- ; ,, I, . L,<3 I . ) 5 ) q.:.,., :-..i- . 1 i .. . .i r w' . .' ! *- - .. , I ." 3, , i' :e I\ ..; '< ',.~ , . . r.. * : .-' I, ' sa P; '_ ., ,, " . ,; ,. , " ' t h. !-- ., I v i ._ j :i ' ,i ,. ' r_ / .J 3. _'_ j tj- ,-%- " :>, . .I_ . \, \ > .* 1 ,. , . c i .. f , -_ ,. . . '. <...A 1 1 % .. _. >< f\ i, L , .._ i ,, I.: "J:J;:; ,,i ;' - I- <, ,,!, 1 -[!,,.\,,a ~ .,'.(k'. ~ ! ? e-_' . , I: ,~ . :_ . ~. w ,. ,, ! *, A - -I L". , .. L,l.Ju(-j2., " ', 'k 'I" '; \ ~ e% ., __ , 1 ,,,* ,: , , , . , ,.,>. ~ r . ' ' _' Lj .. , ',. ,/ ,, .. - ~~ I ,~"! ~ yk 8/7 + &@Q/&? 3:3q - -TAW? - mA. m-fi"5 " 4dee-V k> %' *5e d- p 1. .. , , x- PARALEGAL f '> ' <, < rl 1 I M ri <> I, < < <i I: ' li I 1 A'S" :> ~ , <, , c :>I !eI! (.\A, 8, (.. g;(? CCM z, 1 ?dL-L"f g'g'7 SOLA,NA BEACH CA_!F~EI~IZ. ~:o7(, 462 STEVENS c'#ENUE SUI)^ 102 F'i; 75" (i6O.". ii,', n,,o ,O/~, b AX j> I ~I , ', ., 1 I,/I 1 1 0 e RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF CARLSBAD i 200 CARLSBAD VILLAGE DFUVE CARLSBAD, CA 92008 SETTLEMENT AGREEMENT BETWEEN THE CITY OP CARLSBAD THE COUNTY OF SAN DIEGO AND COAST WASTE MANAGEMENT This Settlement Agreement and Mutual Release (“Agreement”) is made and entered into this ___ day of August, 1997, by and among the CITY OF CARLSBAD, California, a municipa corporation (“Carlsbad”), COAST WASTE MANAGEMENT, INC., a California corporation (“Coast”), and the COUNTY OF SAN DIEGO, a political subdivision of the State of California (the “County”). I, RECITALS A. The County owns the Palomar Transfer Station Site (the “Facility”) in Carlsbad, California (County Real Property Parcel Numbers 84-0127-A & 86-0442-Al-B), which it leased to Coast under County Contract No. 70630R (the “1984 Lease”). B. During 1994, disputes arose among the parties as to their respective rights and duties with respect to the Palomar Transfer Station, including the following litigation: 1. Coasl Waste Managemem, Inc., et al. v. County of San Diego, et al., U.S. District Court NO. 94-1823-IEG (a challenge by Coast and Carlsbad seeking to prevent the County’s termination of Coast’s 1984 Lease). F:\CLIE~TS\CTTCAD\CoASTWS~~~C~C~,38~ FINAL SETTLEMEh‘T AGREEhEhT 1 I 1 0 0 2. City of CarIsbad v. County of San Disgo, et al., San Diego Superior Court Case No, N66415 (an eminent domain action seeking to acquire the Palomar Transfer Station property from the County). C. The San Diego Solid Waste Authority, a joint powers authority (the “Authority”) was a party defendant to Case No. 94-1 823-IEG. However, upon motion by Coast, the Authority was dismissed from that action by order of the Court filed March 11, 1996. D. In June 1996, the Parties filed a Stipulation for Settlement and Mutual Dismissals Without Prejudice with the United States District Court; the Court entered an order on that stipulation on September 6, 1996. The Stipulation provided that because of uncertainties over the future operation of the San Marcos Landfill and the transition of assets to the Authority, the 1984 Lease to Coast was amended and extended for an “Interim Lease Period,” lasting until May 3 1, 1997. The Stipulation fbrther provided that during the Interim Lease Period, the parties would agree to “meet, confer and negotiate in good faith with respect to the permanent, longer term settlement.” E. On September 23, 1996, in County of Sun Diego v. City of Sun Marcos, et al., Case No. 6795 14, the Superior Court upheld a City of San Marcos order that the San Marcos Landfill must cease receiving solid waste for disposal no later than March 1 1, 1997. F. The Authority has dissolved. The Authority is not a party to this Agreement. G. The parties have now reached a full and complete agreement to convert the dismissal in the Coast Waste, Inc., et af. v. Cormty of Sun Diego, et a]. case referenced above to 2 dismissal with prejudice, without any admission of legal fault, wrongdoing, or liability on the part of any party. The agreement is to be carried out through this Agreement, and through the Leases described in section IV below (“the Leases”). It is the intent ofthe Parties that this be a fUIl, final F:\CLIEKTS\CITCAD\COA~TWS~~~,~~~A~,~~~ FINAL SETKEMENT AGREEMENT 2 1 1 0 e and complete settlement of the above-referenced litigation, except to the extent that any party has expressly reserved rights in this Agreement and/or through the Leases. H. The Parties agree and find in executing this Agreement that (i) the County is a participant in the market for solid waste disposal services; (ii) Carlsbad and the County are acting as local agencies to make adequate provision for solid waste handling, both within their respective jurisdictions and in response to regional needs, pursuant to the powers vested in them in Public Resources Code Section 40002; and (iii) this Agreement and the Leases serve a legitimate public purpose in connection with the safe and cost effective disposal of solid waste. The Parties agree that this Agreement and its implementing Leases do not violate the federal Commerce Clause, the Sherman Anti-Trust Act, or any other similar provision of federal or state law. In consideration for the payments, promises and conditions below, it is the mutual intention of the Parties to release one another from these commerce clause, anti-trust, and similar claims. I. The Parties acknowledge that they reached an agreement in principle prior to March 12, 1997, and that, pending the completion and execution of this Agreement, all Parties have acted in reliance on the Agreement which is now being memorialized herein. J. To the extent that notice may be required pursuant to Public Resources Code section 49520 in order for this Agreement to terminate in five years as provided herein, the Partie, acknowledge that such notice is deemed given. II. DEFINITIONS . A. Coast. The term “Coast” shall mean COAST WASTE MANAGEMENT, mc., a California corporation, and subject to the approval provisions of this Agreement and in the Leases, its F.\CLIENTS\CITCAD\COASTWS~C~~~~,CIT~AD~.~~~ FIXAL SETTLEMEhi AGREEMENT 3 , a 0 I approved successors and assigns, or such other entity or sublessee as Carlsbad shall authorize to operate the Facility during the term of its use under this Agreement. B. Expansion. The term “Expansion” shall include any action to increase the handling capacity of the Facility above the 800 tons per day currently permitted by the Carlsbad CUP. C. Facility. The term “Facilityyy shall mean the land, improvements, transfer station and related facilities located on the property described in Exhibit A attached hereto. D. Lease. The term “Lease” shall mean (1) that certain Lease of real property and building space which the County Airports Division, as Lessor, and Carlsbad, as Lessee, intend to execute pursuant to this Agreement; and (2) the existing lease between the County Airports Division, as Lessor, and Coast, as Lessee, which was scheduled to terminate by its terms on May 3 1 , 1997, but which was extended on a month-to-month basis pending execution of the Leases contemplated by this Agreement. The existing month-to-month lease as extended shall remain in effect until the new Leases are signed except that the leased property shall include the full 10.975 acres described in section IV. E. Leases. The term “Leases” refers collectively to the Lease and the Sublease. F. Sublease. The term “Sublease” shall refer to the sublease between Carlsbad and Coast, the key deal points of which are set forth in section IV and any subsequent sublease between Carlsbad and any successor to Coast, to be executed by Carlsbad as Sublessor and Coast as Sublessee. F:\CLIEhTTS\CTTCAD\COAsT~’S~~~~C~~~6.385 FINAL SElTLE.MEhT AGREEMENT 4 1 0 0 G. Recyclables. The term “Recyclables” shall refer to those items collected and brought to the Palomar Facility which are diverted for recycling, reclamation, or re-use and which are not sent to a landfill for disposal. H. Countv Landfill. The term “County Landfill” shall refer to the following landfills: Ramona Landfill, Sycamore Landfill and Otay Landfill. I. County. The term “County” shall mean the County of San Diego and, where indicated, its transferee. As indicated throughout this Agreement, this Agreement confers rights and obligations on the County’s Airports Division, as the Lessor of the property, and certain rights and obligations on the County’s Solid Waste Services. The parties acknowledge that the County is considering divestiture of some or all of its solid waste assets. Where indicated, the County’s transferee succeeds to the rights and obligations of the County’s Solid Waste Services in this Agreement. J. Divestiture. The term “divestiture” shall mean the County’s sale of some or all of its solid waste assets. rn. SETTLEMENT A. Basic Structure. 1. Lease For Collection. Operation. Transfer and Related Solid Waste Purposes. The County Airports Division will lease the Facility to Carlsbad for use as a collection and operation center and for transfer and related solid waste purposes for a term of five years F:\CLIENTS\CITCAD\COAsTwS~~~~C~C~,3g5 FINN+ SETTLEMENT AGREEMENT 5 1 0 beginning June 1, 1997. Carlsbad shall sublease the site to Coast on a “pass through” basis, ;.e Coast or a successor sublessee will operate and maintain the site, pay the rent, and otherwise perform all of the obligations of the Lease and Sublease, and of this Agreement, with respect to the site. Carlsbad will have a right of first refusal during the term of its Lease to acquire fee title to the Facility on the same terms and conditions as any prospective purchaser or transferee receiving fee title from the County should the County ever propose to sell or transfer the property. This right of first rehsal is effective only during the term of the Lease, and shall expire upon termination of the Lease. The County shall notify Carlsbad of any offer to purchase or proposal to transfer fee title to the Facility and shall allow Carlsbad ninety (90) days after notice to exercise the option to acquire the Facility on the same terms and conditions. If Carlsbad fails to exercise the option to acquire the property within such ninety (90) days, it shall be deemed to have declined to exercise its right of first refbsal. 2. Transfer ODerations. Carlsbad as Lessee, and Coast as Sublessee, shall havc the right to conduct transfer and transport activities at the Facility during the term of the Lease and Sublease on the terms and conditions set forth herein and in conformance with all applicable permits, laws, rules, and regulations, in addition to Coast’s right to continue its collection and operations use of the Facility. B, Permits and Processing. 1. i Carlsbad. The parties acknowledge that the Carlsbad Planning Commission approved a CUP amendment for the project on March 5, 1997 to allow the Facility to operate at its original design capacity of 800 tons per day. Carlsbad’s action on the Cup amendment included CEQA compliance. The parties acknowledge and agree that on March 12, 1997, the Facility began operations at 800 tons per day in reliance on the CUP in anticipation of the final execution of this Agreement. F:\CLIE~S\CIICAD\COASTWS?7DOCUMENnCTTCAD.3g5 mAL SETTLEMENT AGREEMENT 6 1 e 0 2. Coast. Coast shall take any and all actions, provide information, and pay any fees, to promptly process through the Local Enforcement Agency (“LEA”) and the Integrated Waste Management Board (“IWMB”) an application to amend the Solid Waste Facilities Permit (“SWFP”) permit to allow operation of the Facility at 800 tons per day. 3. County. The County Solid Waste Services and Airports Division, as land owner, shall sign all permit applications giving their consent to processing and approval of the requested amendments, and shall in all other respects assist the prompt processing of the CUP and SWFP permit amendments and any Interim Order that may be necessary to allow continued operations at 800 tons per day. C. Trash HandlinP and Transfer. The parties have agreed that the Facility can and should be operated by Carlsbad/Coast at its original design capacity of 800 tons per day, that operation at this capacity by March 12, 1997, was beneficial and important to the region, given that the San Marcos landfill was scheduled to close, and did close, ‘after March 1 1, 1997, and that the use of the Facility to service 800 tons per day is an important part of the regional plan to provide safe, cost effective and environmentally sound waste service post San Marcos closure. Key aspects of the waste handling and transfer portions of the agreement between the parties are: 1. ’ Service Areas. The 800 tons of capacity shall be made available consistent with any terms and conditions which may from time to time be set forth in the Carlsbad CUP and in the SWFP permit. 2. Limitations on Use of Palomar Facility. With respect to transfer operations, service at the Facility will be limited to: (a) Commercial Users: First priority shall be given to commercial waste haulers holding a County Waste Hauler’s Permit whose loads originate in any service area F:\CLDENTS\CTTCAD\COASTWS~~~~C~,~~~ FINAL SETLEMENT AGREEMENT 7 e a which may from time to time be designated in the Carlsbad GUP. Second priority shall be given to other permitted commercial waste haulers with compactors andor mechanical off loading devices. Third priority to all other users. At no time shall the per day tonnage limit set by Carlsbad’s CUP or the SWFP be exceeded. In the event that a dispute as to priority of use of the Facility should arise, the parties agree to meet and confer in good faith in an attempt to reach agreement on how available capacity should be allocated. If the parties are unable to so agree within 30 days, then Carlsbad shall have the right to make the final decision. (b) Self-Haul: Non-commercial, self haul loads shall be accepted on weekends only, or at such times, days and hours as may from time to time be set by Carlsbad. Carlsbad shall have the right, through its CUP or by order of its City Manager, to impose additional conditions and restrictions on weekend self haul use of the Facility if traffic, litter, or other problems arise. The parties agree that Coast will careklly monitor its costs incurred in providing self haul service on the weekends, and that during the month of September 1997 the parties shall meet and confer in good faith to review Coast’s actual costs incurred to that time in providing this service, and Carlsbad and the County Solid Waste Services agree to adjust the rates which the County may charge to self haul users as appropriate to cover Coast’s documented costs and to provide a reasonable profit to Coast; (c) Buy-Back: Recyclable buy back shall be permitted on the terms and at the days and hours as may from time to time be set by Carlsbad. Carlsbad shall have the right, through its CUP or by order of its City Manager, to impose additional reasonable conditions and restrictions on recyclable buy-back operations if traffic, litter, or other problems arise; (d) Hours and days of operations shall be as set in the Carlsbad CUP; (e) SO long as Carlsbad is in good standing under its Lease, and Coast is in good standing under its Sublease, Coast may use the site for its non-transfer collection and other F:\CLIENTS\CITCAD\COASTWS~~~~C~C~.~~~ FINAL SEITLEMENT AGREEMENT 8 w 0 business activities within the restrictions of the Carlsbad General Plan, Zoning, City Code, and the Cup. 3. Transfer and Transport. Coast, or a successor sublessee, shall transfer waste at the facility from the incoming vehicles and self haul loads, all in conformance with the CUP, the SWFP, this Agreement, and applicable federal, state, and local laws, rules and regulations that may from time to time apply. Carlsbad shall have the right to approve of any substitute or new operator of the Facility besides Coast which approval shall not be unreasonably withheld. In addition, the County Airports Division, as landlord, shall have the right to approve the change in Sublessee, which approval shall not be unreasonably withheld, in conformance with the terms of the Lease and Sublease. 4. Recvcling. Coast shall have the right to recover recyclables from the waste stream for reclamation, reuse, and resale. Loads entering the Facility that are 100 percent recyclables, and which are in fact reclaimed and/or recycled and not sent for disposal, shall not be subject to the fee payment structure set forth below applicable to all waste destined for disposal. With respect to loads of mixed waste that enter the facility, cross the scales, and pay fees pursuant to the schedule set forth below, a rebate or credit shall be given for any recyclables that are subsequently removed and actually reclaimed, reused or recycled and not sent for disposal. As to any such recyclables picked from the waste stream, recyclables so removed shall be re-weighed across the scales and an appropriate credit given at the same rate as the charges imposed when the material entered the Facility such that no fees shall be paid to the County Solid Waste Services, or its transferee, for materials that are actually diverted for recycling, reclamation, reuse and resale and which do not end up in a disposal facility. Any fees that are collected by the County Solid Waste Services, or its transferee, at the Facility gate at the time of entry of material which is later determined to be recyclables within the meaning of this paragraph shall be paid over to Coast. F:\CLIENTS\CTTCAD\COAST~~S~~~~~TT~~.~~~ FINAL SETTLEMENT AGREEMENT 9 v W In accordance with Section ID@) of the Fee Schedule]., Coast shall be responsible to provide information upon request, on the source ofthe waste being processed at the Facility or hauled to a landfill. If Coast willhlly or negligently misrepresents the origin of the waste in a manner that could result in a material2 improper reporting of waste volumes for any jurisdiction, Coast will be subject to the administrative fees provided in the Fee Schedule. In the event that Coast is found responsible for three or more violations of the recycling provisions of this Agreement in any six (6) month period, in addition to the penalties provided above, such finding of three violations in any six (6) month period shall constitute a material, uncorrected, breach of this Agreement and of the Sublease entitling the County, or its transferee, 01 Carlsbad, to exercise their rights for uncorrected material breach, including termination of Coast’s rights under this Agreement and termination of the Sublease. 5. . ‘No Flow Control. Carlsbad and Coast shall be free to direct waste to any disposal site of their choosing. It is understood that disposal at a site not covered by the CEQA review and certification issued incident to the Carlsbad Planning Commission’s March 5, 1997 CUP amendment approval will require additional’environmental review in the form of an initial study, negative declaration, ER, or exemption. ’The Fee Schedule is the schedule of fees set and published by the County or its transferee for use of its solid’waste facilities and services. A copy of the relevant portion of the current edition of the Fee Schedule is attached hereto for reference as Exhibit B. 2The parties recognize that waste from a variety of commercial haulers, as well as from self haulers, will be entering the Facility and that these wastes may be commingled on the tipping floor and packaged in larger vehicles for transfer and transpod. To the extent that transfer loads contain such commingled waste, Coast’s ability to accurately report the origin of waste in these transfer loads is only as good as the information that non-coast controlled haulers and self haulers give to the County Solid Waste Services, Or its transferee, at the entry gate to the Facility, although Coast retains a higher degree of responsibility for accuracy in reporting as to the origin of waste in Coast controlled vehicles entering the Facility. F:\CLIENfS\CTTCAD\COASTWS~~~c~c~.3~5 RNAL SETTLEMENT AGREEhEhT 10 I v e 6. TiD Fee at Palomar. The parties agree lhat beginning March 12, 1997, the County was entitled to collect all fees for the placement or disposition of any solid waste at the Facility, except recyclables as provided for herein. The County Solid Waste Services, or its transferee, shall be entitled to collect such fees throughout the duration of the Lease. Coast and Carlsbad acknowledge and accept the changes made by the County to the fee booths and scales to accommodate fee collection pursuant to this Agreement, and agree that the County may make such further modifications as it deems necessary to the fee booths and scales, at its expense, to accommodate fee collection. In consideration of this Agreement and the Leases, the County makes the following guarantees. (a) Fee at Facilitv Gate. Beginning March 12, 1997, and continuing until May 3 I, 2002, the total fee collected by the County Solid Waste Services, or its transferee, for the processing, placement or disposition of solid waste at the Facility shall not exceed thirty eight ($38) per ton. Of that amount, County Solid Waste Services, or its transferee, shall retain seventeen ($1 7) dollars per ton as its share of the tip fee for use of the Facility. (b) Disposal Fees For Transferred Waste. Beginning March 12, 1997, the County Solid Waste Services has provided, and until May 3 1 , 2002, it or its transferee shall continue to provide a basic reduced tip fee of eight ($8) dollars per ton for waste transferred from the Palomar Facility to a County Landfill (currently the Sycamore Landfill). Although not currently contemplated, if in the kture waste from the Facility is directed to the Otay Landfill the basic reduced tip fee at Otay shall be six ($6) dollars per ton. (c) Disposal Fees for Waste in Excess ofthat Generated within the City of Carlsbad. Beginning March 12, 1997, the County Solid Waste Services has provided, and it or its transferee shall continue to provide until May 3 1 , 2002, a further reduction in the tip fee at a County Landfill for waste transferred from the Palomar Facility which is in excess of the average F:\CLIENTS\Cn'CAD\COASTWST\DOCUMENT\CITC6.385 FINAL SETTLEMENT AGREEMEhT 11 w 0 daily tonnage of waste generated within the City of Carlsbad (Carlsbad’s trash)3. All waste up to 800 tons per day minus the waste generated within the City of Carlsbad and disposed of in County Landfills will receive a hrther reduction of $2.50 per ton. All waste between 800 and 1,000 tons per day, minus Carlsbad’s trash disposed of in County Landfills, will receive a further reduction of $3.25 from the basic tip fee of $8. The parties recognize that the capacity of the Facility is currently limited to 800 tons per day and that any increase above that level will require further applications to Carlsbad, the County Local Enforcement Agency, and the l”B, and will be required to undergo appropriate environmental and other reviews. The purpose of the pricing provisions set forth herein respecting daily tonnages over 800 tons per day is only to confirm the agreement of the parties with respect to pricing should such additional tonnages ever be permitted in the future. (d) Transfer and Transport Fees to Coast. Beginning on March 12, 1997, the County Solid Waste Services has credited, and it or its transferee shall continue until May 3 1 , 2002, to credit and pay to Coast, twenty one ($21) per ton of the Thirty Eight dollars per ton collected at the gate. This shall constitute payment in full to Coast for transfer and transport oi waste to County Landfills under this Agreement. However, in the event that waste is ever directed 3 In computing the amount of waste generated within the City of Carlsbad and disposed of at County facilities, the parties agree that all waste generated within the corporate limits of the City of Carlsbad which is disposed of in County Landfills shall be counted, whether it is transferred and transported through the Palomar Facility, through direct haul, or otherwise, so long as it is disposed of in a County Landfill. The Parties fUrther agree that the beginning number to be used as “Carlsbad’s trash” under this Agreement shall be based upon measurements of actual volumes received at the Facility from March 12, 1997 to April 12, 1997 and a starting baseline shall be set based on such measurements effective as of March 12, 1997 , and that Carlsbad’s actual tonnage shall be measured every six months thereafter and the baseline adjusted to reflect the actual figures. Further, the parties agree that adjustments will be made retroactively at each six month interval with appropriate additional charges to Carlsbad, or credits, as the case may be. F:\CLIENTS\CITCAD\COASTWS~UMEN~CITCAD~.~~~ FDJAL SETTLEMENT AGREEMENT 12 0 0 to the Otay Landfill for disposal rather than the Sycamore Landfill, Coast shall receive the additional two dollars as provided above in subsection (b). Coast’s compensation shall be adjusted to reflect any unusual changes in he1 prices incurred by Coast during the term of this Agreement related to the transport of waste from the Facility to a County Landfill. An “unusual change in fuel price” shall be defined as a 15 percent or greater change in the cost of fuel to Coast as set forth in the Oil Price Information Service (“OPIS”) Fuel Price Index, either up or down, within any 6 month period. If‘the 15 percent threshold is met, then Coast and the County or its transferee shall share evenly in such increase, or decrease, in fuel cost incurred during that 6 month period. If the parties cannot agree on the application of this fuel price change sharing provision with respect to a particular situation, any party may invoke the dispute resolution provisions of section 0 of this Agreement. In addition, if Coast believes that, as a direct result of entering into this Agreement, Coast experiences unavoidable material increases in its insurance costs, Coast shall be entitled to present a request for what it believes to be an appropriate adjustment in its compensation. If Coast presents such a request, Coast, Carlsbad, and the County Solid Waste Services, or its transferee, shall meet and confer in good faith to consider the basis for the request. If the Parties agree, an appropriate adjustment shall be made in Coast’s compensation. If the Parties do not agree, Coast may invoke the dispute resolution provisions of Section 0 of this Agreement. j (e) Coast Collection and Transmittal to Carlsbad of Monies for Excess Tonnage Reductions. Beginning on March 12, 1997, and continuing to May 3 1 , 2002, Coast has collected, and shall continue to collect and transmit back to Carlsbad in cash, or in such other manner as Carlsbad may from time to time direct, and at such intervals as Carlsbad may direct, but not more than monthly, the amount of reduced tip fees for all waste disposed of in County Landfills above Carlsbad’s trash as set forth above. F:\CLIF.NTS\CITCAD\C~AST~’S~~~~~ITC~,~~S FINAL SEl“Eh’T AGREEMEhT 13 0 0 N. LEASES Under the prior Interim Settlement Agreement Coast had a one year lease from the County Airports Division expiring on May 3 1 , 1997, for 7.243 acres. To accommodate implementation of this Agreement the parties intend to enter into new Leases increasing the leased acreage from 7.243 acres to 10.975 acres. The parties contemplate that the following Leases will be executed as soon as possible. Until the new Leases are signed, the parties contemplate extension of the existing one-year interim lease by separate letter agreement, on a month-to-month basis, provided however, that the rent payable and acreage leased starting June 1 , 1997, shall be as set forth below in IV(A). The Leases shall conform to the following basic deal points: A. Master Lease From Countv to Carlsbad. There will be a master lease from the County Airports Division to Carlsbad. Key terms of this Lease include: 1. Acreage: 10.975; 2. Term: Five years, commencing June 1 , 1997; 3. Rent: Starting June 1, 1997: $23,634.90 per month, subject to annual Cost of Living Adjustments as set forth in the Lease; 4. I Terms: Standard Airports Lease Terms as adjusted through negotiations of the parties; 5. 'I'ermination: Quiet enjoyment to Carlsbad and subleases, early termination for material breach of lease that remains F:\CIIEhTS\CITCAD\COASTWST\DOCUMENr\CITc~.385 FINAL SETTLEMENT AGREEMENT 14 3 0 0 uncorrected after notice, or for material breach of Settlement Agreement that remains uncorrected after notice; 6, Enforcement: Through standard lease enforcement; through Settlement Agreement, including forfeiture for failure to cure material breach after notice; 7. First Refusal: Right in favor of Carlsbad to first refusal to acquire title to the fee interest in the property as set forth above in paragraph JIIA; B. Shared Tip Fee Revenues to Countv Solid Waste Services. At $1 7 per ton (not including recyclables) commencing March 12, 1997, payable to County Solid Waste Services, or its transferee. C. CarIsbad to Coast Sublease. There will be a Sublease from Carlsbad to Coast mirroring and passing through to Coast day to day operational control and responsibility for the site. Key terms of the Sublease will include: 1. Acreage: 10.975; 2. Rent: Coast will pay all rent due on the site directly to the County Airports Division; 3. ; Operations: Carlsbad will impose such oversight provisions and operating standards as it deems necessary to ensure that Coast safely and properly operates the Facility, such terms and provisions to reflect the negotiations of Coast and Carlsbad yet to occur, the terms and conditions of this F:\CLIENTS\CITCAD\COA~TWS~C~~~C~~~,~~~ FINAL SEITLEMEm AGREEMEhT 15 0 Agreement, and of the CUP for the Facility. An operations agreement may, in the discretion of Carlsbad, be separately prepared and incorporated into the Sublease; 4. Other: The Sublease shall ensure that any and all site related obligations imposed on Carlsbad by the Lease we passed through and become the obligation of Coast, including rent payment, maintenance of the Facility, etc., it being the intent that Coast will have the right to control and operate the Facility under its Sublease, with a right of quiet enjoyment, so long as it performs the site related obligations of the Lease, the Sublease, the CUP, any operations agreement, and this Agreement. 5. Te’im: Five years, commencing June 1,1997. 6. Extension: If the County does not proceed with the divestiture of the assets ofthe County Solid Waste System and instead decide: to retain control of the system, then the County, Carlsbad, and Coast agree to meet and negotiate in good faith to reach agreement on three additional consecutive five (5) year option periods in the Leases (including the Sublease) for thc use of the Facility, subject to the right of Carlsbad if it deems appropriate in its discretion to protect and promote the public interest, to undertake competitive bidding or a F:\CLIENTS\C~CAD\COASTWS~~~~~~c~,3~5 FIN% SETTLEMENT AGREEMENT 16 I 0 0 competitive proposal process with respect to Transfer and Transport operations at the Facility at the end of the initial five (5) year term. D. Proiect Desipn Enhancements. The parties have agreed as an important part of this Agreement that the project design enhancement measures set forth on Exhibit C hereto will be included in the project. These measures are being incorporated into the project as part of project design, and are agreed to as a contractual and settlement matter, independent of CEQA. The parties understand that these measures will eliminate any potential adverse impacts or unusual circumstances that might otherwise adversely affect the environment or Carlsbad and its residents arising incident to increasing operations at the Palomar site to 800 tons per day of transfer activity. The parties .. agree that these measures may be included as conditions of approval of the . . . %.. : CUP as we11 as part of the project description if Carlsbad so desires to ensure that they are implemented. These.measures, unless expressly stated otherwise, are to be funded by the County Solid Waste Services. E. Relationship of APreernent to CUP. 1. Settlement Agreement Controls. The parties agree that to the extent there is any ambiguity or conflict between the provisions of this Agreement and the CUP issued by Carlsbad, this Agreement shall control. The CUP shall be interpreted and enforced according to law in a manner consistent with this Agreement at all times. 2. Enforcement of CUP by Carlsbad. With respect to the provisions of the CUP regarding enforcement by Carlsbad, and in particular condition 9 ofthe CUP, the parties agree that all of the following shall apply: F:\CLIEhTS\CTTCAD\COASTWST\DOCUMENnCITCA6.385 FINAL SETTLEMENT AGREEMENT 17 0 0 (a) “Surrounding Properties” shall-be defined in conformance with the Carlsbad Planning Department standard practice as those nearby properties potentially affected by the project, generally within Carlsbad’s standard notice distance of 600 feet of the boundaries of the Facility and those properties directly abutting a truck route in the City of Carlsbad that will be used by waste haul vehicles to access or exit the Facility, including collection vehicles and long- haul transfer vehicles. (b) “Negative effects” and/or “detrimental effects” shall not be found to exist by Carlsbad incident to any CUP enforcement action unless the effects are found, based on substantial evidence in the record, to be substantial and adverse, and not occasional. “Negative effects’’ and “detrimental effects” shall be limited to legitimate environmental, public health, and public safety issues as prescribed by law such as litter, illegal dumping, noise, and trafic disruption caused by the project. (c) In the event that Carlsbad believes the project has caused or is causing such effects, Carlsbad shall give notice to the County Solid Waste Services, or its transferee, (with a copy to the Airports Division) and/or Coast, as appropriate to the circumstances, meet and confer in good faith, and shall give a reasonable opportunity to cure. Ifthe County Solic Waste Services, or its transferee, and/or Coast does not (I) attend a meet and confer session within 20 days of receiving notice thereof, or (2) (a) correct the problem within 30 calendar days, or (b) make good faith progress towards correction within 30 days, then Carlsbad may institute farmal CUP enforcement proceedings. Carlsbad may revoke the CUP only if it first complies with all of the above and finds, based on substantial evidence in the record, that a material breach of the CUP has occurred which remains uncorrected after notice and opportunity to cure. F.\CL~N-TS\CITCrZD\COASTWSr~C~~,C~C~.385 FINAL. SETTLEMENT AGREEMEb‘r 18 0 0 The provisions of this subparagraph (E) were independently negotiated and agreed to as part of this Settlement Agreement, are not a precedent as to any other project, and do not apply to any other project. V. MUTUAL RELEASES AND DISMISSALS A. Release of Claims. The County, Carlsbad, Coast, and their respective heirs, executors, administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, members, partners, joint venturers, parents, subsidiaries, affiliated and related entities, officers, directors, shareholders, principals, agents, servants, employees, representatives, insurers, sureties, attorneys, consultants, and experts, and each of them hereby jointly and severally release each other tkom any and liability for the claims, demands, controversies, actions, causes of action, obligations, liabilities, expenses, costs, attorneys' fees and damages of whatever character, nature and kind, known and unknown, which arise out of the Facility and matters related to possession (whether as tenant or otherwise) of the Facility or .. any claim of right of access to or use of the Facility arising prior to the date of this Agreement, including without limitation those cIaims which were or could have been asserted in either of the lawsuits referenced above in Section I.B. B. Waiver of Protection of Civil Code 6 1542. Each party is aware that it may hereafter discover claims or facts in addition to or different from those it now'knows or believes to be true with respect to the Claims described in Section A hereof. Nevertheless, it is the intention of the Parties to fUb, finally and forever settle and release all such matters, and all claims relating to them, which now exist or may have existed between them, or which arise out of or relate to the Claims. In fUflherance ofthis intention, the releases F:\CLIENTS\CTTCAD\COASTWS~~~C~C~.385 FWAL SETTLEMENT AGREEhEhT 19 I 0 0 given herein shall be and remain in effect as fill and complete mutual releases of all SUG~ matters notwithstanding the discovery or existence of additional or different claims or facts relating to them. Moreover, Carlsbad, Coast and the County, acknowledge that they have been advised by legal counsel, and that they are familiar with and specifically waive any and all rights and benefits conferred upon them by the provisions of Civil Code section 1542, which provides: GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. VI. NOTICES Any notices to be given under this Agreement shall be addressed as set forth in this section. Notices or documents sent to the County should be sent to: Tim Walsh, Deputy Director, Airports Division County of San Diego Department of Public Works 1960 Joe Crosson Drive El Cajon, CA 92020 Joseph S. Minner t County Solid Waste Services County Operations Center MS-0383 55 5 5 Overland Avenue San Diego, CA 92123 With a copy to: Ofice of the County Counsel 1600 Pacific Highway, Room 355 Attention: Diane Bardsley Notices to the City should be sent to: City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 San Diego, CA 921 01 -2469 F:\CLIENTS\CITCAD\COASTWS~~~~~c~.3g~ FINAL SETTLJXENT AGREEMENT 20 a m With a copy to: Ron Ball, City Attorney 1200 Carlsbad Village Drive Carlsbad, CA. 92008 Notices to Coast should be sent to: Conrad Pawelski, President Coast Waste Management, Inc. 5960 El Camino Real Carlsbad, CA 92009 With a copy to: White & Bright 355 W. Grand, Suite 2 Escondido, California 92025 Attention: Bruce White, Esq. Any party may change the person andlor the address to which notice to it shall be provided by giving written notice to each of the other parties. w. MISCELLANEOUS A. Dismted Claims. This Agreement represents the settlement of disputed claims and does not represent any admission of liability on the part of any party, each of which expressly denies any liability or responsibility. B. Governing Law. This Agreement has been negotiated and entered into in the County of San Diego, State 01 California, and shall be governed by, construed and enforced in accordance with the internal laws of the State of California, applied to contracts made in California by California domiciliaries to be wholly performed in California. C. Waiver and Amendment. F:\CLIENTS\CTTCAD\COAST~'S~~~CTTC~.385 FWAL SETTLEMENT AGREEMENT 21 I e e No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision hereof shall not be deemed to be a waiver of any other breach of the same or other provisions hereof. This Agreement may be amended only by a written agreement executed by the parties-in-interest at the time of the modification. D. Entire Agreement. This Agreement, its exhibits, and the Leases into which the parties intend to enter as provided in Section IV above, constitute the entire agreement between the Parties hereto pertaining to the subject matter hereof, fidly supersede any and all prior understandings, representations, warranties and agreements between the Parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the Parties hereto. E. Independent Advice of Counsel. Each party to this Agreement represents that in executing this Agreement it relies solely upon its own judgment, belief and knowledge, and the advice and recommendations of its own independently selected counsel, concerning the nature, extent and duration of its rights and claims, and that it has not been influenced by any other party. F. Voluntarv Agreement. Each party to this Agreement hrther represents that it has carefblly read this Agreement, understands its contents, and signs it freely and voluntarily. F:\CLIE~S\C~CAD\COASTWS~~~~~~C~.~XS FINAL SETTLEMENT AGREEMENT 22 , 0 0 G. Severabilitv. If any provision or any part of any provision of this Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, then the parties shall meet and confer in good faith in an effort to determine whether the Agreement andlor the Leases should continue. H. Attorneys’ Fees and Costs. The parties hereto acknowledge and agree that each shall bear its own costs, expenses, and attorneys’ fees arising out of or connected with the Action, the negotiation, drafting, execution and enforcement of this Agreement, and all matters arising out of or connected therewith, provided, however, that nothing herein shall supersede or replace the agreement between Coast and Carlsbad with respect to reimbursement of fees and costs. I. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties, and their respective heirs, executors, administrators, tmstors, trustees, beneficiaries, predecessors, successors, members, assigns, affiliates, partners, partnerships, parents, subsidiaries, and any related entities, officers, directors, principals, agents, servants, employees, representatives, and all firms, associations and/or corporations connected with each of them, including without limitation, their respective insurers, sureties, attorneys, consultants, and experts. It is expressly agreed that should the County sell or otherwise transfer some or all of the assets of its solid waste system that the obligations of this Agreement shall be binding on any such successor to the County’s interest to the full extent necessary to honor the terms and provisions hereof. F:\CLIEhTS\CITCAD\COASTWS~UMENC~CAD6.385 FINAL SETTLEMEhT AGREEMEN? 23 I 0 0 J. Warranty of Authorized Signatures. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party fiom whom he or she purports to sign. K. Recording. The parties agree that this Agreement or an abstract thereof shall be recorded in the Office of the County Recorder of San Diego, California on each of the parcels which comprise the Facility. L. No Assignment of Claims. Each party has not assigned, transferred, or granted, or purported to assign, transfer or grant, any of the claims, demands, and causes of action disposed of by this Agreement. M. Counteroarts. This Agreement may be executed in two or more counterparts, each of which will be an original, but all of which shall constitute one and the same instrument. N. Assignability. The parties acknowledge that the County is considering whether to sell the landfills and related solid waste disposal or processing components it owns. The parties fkrther acknowledge that the interest of the County Solid Waste Services in this Agreement is an integral part of the County’s solid waste system. Accordingly, the parties agree that the County Solid Waste Services’ interest in this Agreement, or any part thereof, may be assigned at the sole option ofthe County to any such transferee(s), who will be bound by the terms and conditions hereof. F:\CLIENTS\CITCAD\C0.4sT~7s~~~~~CncAD6.385 m’AL SETTLEMENT AGREEMENT 24 t 0 0 0. Dispute Resolution: Breach. 1. Dispute Resolution. Any dispute arising out of, or related to, this Agreement shall be handled as follows: (a) Meet and Confer: Step one in the dispute resolution process shall be an informal meet and confer session at which the Parties discuss the dispute or problem. Any Party to this Agreement may initiate the step one meet and confer process by giving written notice thereof to the other Parties. The Parties shall conduct at least one meet and confer session within 30 calendar days of the date of mailing of the notice, or at such other time as the Parties may agree. The meet and confer session may be continued, and additional meet and confer sessions may be held, upon the agreement of all Parties. (b) Other Remedies: The Parties shall retain their full rights to litigate, at law or in equity, any issue arising out of, or related to, this Agreement, provided that no litigation shall be commenced until at least one meet and confer session has been held as provided above. A meet and confer session shall be deemed to have been held in the event that a Party gives notice of a meet and confer session and one or more of the other Parties fails to attend at least one meet and confer session within the 30 day period. 2. Breach. Any breach of the terms of the Lease or the Sublease shall be considered a breach of this Agreement, and any breach of this Agreement shall be considered a breach of the Lease, the Sublease, or the Leases as the case may be. (a) Notice of Alleged Breach: In the event that one or more Parties believes that another Party or Parties has breached the terms of the Lease, the Sublease, or this Agreement, that Party shall give notice of the alleged breach, explaining the nature of the alleged breach and describing what the Party believes is reasonably required to cure the alleged breach. F \CLIENTS\CITCAD\COAST~S~L~~~c~c,~,3~5 FMAL SETILEMENT AGREEMEhT 25 0 0 (b) Right to Cure: Upon receipt of a notice of alleged breach, any Party shall have the right to cure the alleged breach within 30 calendar days of the date of mailing of the notice of alleged breach. In the event that the cure cannot reasonably be accomplished within said 30 day period, then the Parry attempting to cure shall present evidence within said 30 day period of its reasonable good faith progress towards cure, together with a proposed deadline by which the cure will be completed. The proposed deadline shall in no event be later than 6 months from the date of mailing of the notice of alleged breach, unless agreed otherwise by all Parties. (c) Uncorrected Material Breach: With respect to any material breach which is not cured within- the time limits provided above, the Parties shall be entitled to appropriate remedies at law or in equity as may be determined by a court of competent jurisdiction, in addition to any specific remedies that may be stated herein or in the Lease or Sublease. In the event that a dispute arises under this subparagraph O(2) as to whether or not an alleged notice of breach was appropriately given, whether the time requirements have been met, whether the cure has been effective, or with respect to any other aspect of implementation of these breach and cure provisions, the Parties shall utilize the dispute resolution process set forth above in Section O( 1 ) prior to invoking any litigation remedy. Ill Ill JJJ Ill Ill Ill //I F:\CLIENTS\CITCAD\COASTWST\DOCUMZNnCITCA.385 FINAL SETTLEMENT AGREEMENT 26 .J a 0 P. Dismissal of Litigation. The Parties shall execute appropriate documents to dismiss, with prejudice, the litigation referred to in Paragraph I(B)(l) of this Agreement and to report to the court that the prior interim settlement has been converted to this permanent settlement. Notwithstanding, and if the Court is willing and has jurisdiction to do so, the Parties shall request that the Court, with the Honorable Magistrate Judge Louis Porter assigned, retain jurisdiction to mediate any disputes that may arise under this Agreement and to enforce this Agreement as may be required. JX WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first noted above. Dated: ?\qTT By: Dated: COUNTY OF SAN DIEGO By:' Thomas Pastuszka, Clerk of the Board of Supervisors Dated: ?/7/9 7 By: COAST WASTE MANAGPNT, INC. &-4d/.62 Arie DeJong, Pre &-4d/.62 Arie DeJong, Pre F:\CLIEMS\C~CAD\COASTWS~~~~C~.385 FINAL SETTLEMENT AGREEMENT 27 j /., ' e 0 APPROVED AS TO FORM AND CONTENT: Dated: .q! 7) 19 WORDEN, WILLIAMS, RICHMOND & ELLIS A Professional Corporation By: D. JdJd Dwi t Worden, LW4.L Attorney for City of Carlsbad Dated: COUNTY OF SAN DIEGO By: Erin Ward, Deputy County Counsel Dated: WHITE & BRIGHT By: Bruce White, Attorney for Coast Waste Management, Inc. F:\CLE?US\CITCAD\COAST%fSTDOCUME~CITCAD6.385 FIh'AL SETTLEMENT AGREEMEN 28 I :* ' 0 0 ACKNOWLEDGEMENT STATE OF GAUEQBKU ) COUNTY OF SAN l7IRGO ) ) ss. On August 5, 1997 , before me, Aletha L. Rautenkranz, City Clel (here insert the name and title of the officer), personally personally known to me --a=*- g" to be the person@) whose nameSrstf ism subscribed to the within instrument and acknowledged to me that he/&xcqh#sq executed the same in his*$* authorized capacity-, and that by his/- signature(* on the instrument the person(*, or the entity upon behalf of which the person(- acted, executed the instrument. appeared Claude A. Lewis, Mayor I WITNESS my hand and official seal. / AAA 1 - Notary Public City Clerk 7 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On August 5, 1997 , before me , Aletha L. Rautenkranz, City Clerl (here insert the name and title of the officer), personally appeared D. Dwight Worden, Attorney for the Citv of Carlsbad I personally known to me (oprx~xe&xkmmet~fam&dm~~i~~ ~xzgmxxkdemm~$ to be the person$=) whose name@@ is/- subscribed to the within instrument and acknowledged to me that heplxe#bhy executed the same in his/&ssx$bkkx authorized capacity@imsx) , and that by his/- signature@$ on the instrument the persono, or the entity upon behalf of which the person(W acted, executed the instrument. WITNESS,my hand and official seal. F:\CLIENTS\CITCAD\COASTWS7WOCUMENllClTCAD6.385 FINAL SFlTLEMENT AGREEMENT 29 , ::r 0 0 - STATE OF CATIIFORNIA ) ) sso COUNTY OF SAN Dmo ) dmw BleK hlofzwyl? office+), versbnally appeared personally known to me (or pF‘oved to me on the basis of satisfactory evidence) to be the person( s) whose name (s) 0 1s a4?e subscribed to the within instrument and acknowledged to me that capacity( ies) , and that bye-wture (s) on the instrument the person(s), or the entity up0 person(s) acted, executed the instrument. I @/she,&ky executed the same in -/ .. ’ authorized r WITNESS my hand and official seal. BCKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. On , before me, (here insert the name and title of the officer), personally appeared I personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. capacity(ies) I and that by his/her/their signature(s) on the WITNESS my hand and official seal. Notary Public F:\CLIENTS\CTTCAD\COASTWS~~~CITC~.38S FINAL SETTLEMENT AGREEMENT 30 , ,If 0 e -. STATE OF CATJFORNU ) ) ss. COUNTY OF ,- ) On , before me, (here insert the name and title of the officer), personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the I person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public - STATE OF u- ) COUNTY OF SAN nIEGO ) ) ss. On , before me, (here insert the name and title of the officer), personally appeared f personally known to me (or proved to me on the basis of satisfactory, evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public F:\CLIENTS\C~cAD\COASTWST\DOCUMENnCTTCs FIEj.4L SETnEMEhl AGREEMEh7 31 1 >I' ' ._ . " L 0 -0 - EXHIBIT A - DESCRIPTION AND PLAT OF THE PENISES AND THE PROPERTY [To be provided] CCSF 85.20A, 1\96 - 51 .~ .. 9 I) I. ..P 9 .. - h"? .. . .. - .- t7.Y.T P -I-. L A- UAa 2 . . . ... . "_ - Palomar h2{ 3 1 ,/ / - b? Solid Waste ,Transfer Site "=+- v;clM/Tj- ,vfl/=: 0 r. , 'P f eei 1- * NO JZ"i' . LEGEND .soZ~- SZEPL~ ~ocat2on , - -cDrei,n,~ge "ow By: F. E. BAST .. ~~ ~ , ,> 1 0 ~- . , .- '?A !3 bl%< /\J F< 7 9KJ G < (0 -=c a- LL 1 1 LL -, CIT t! L', c? > i" - t) F,' p 7~!! ,i C)]-L!J J~C) m cc, -ir) 3 n; I T\] a i?, LL 3 \ \ 4E' RE. ( @ 3.122 Ac @ 2.115 Ac TCITkL - 5.257 LC (85-0442-&. 1) F{gs 55s -z - O_ DATA NORTH @ H S7°12'S7"E SCALE: 1 " = 200' 8 R- IOO.00' BASfS OF BEARING: b= 44°W'J9- SiTE SURVEY per MUNICJFXL ENGlNEER,INC. 12-7-83 Q 57S042'04'E 4.74 SOLID WTE TXANSFER LE&E L.76.34' TE- i .7AF?TMEKT OF GENERAL SERVICES A,,ROYzD ,r b,*kx. FAfliITY AND REAL PROPER'TY DIvIsiOH DATZ 05- 14-87 CWKTY OF SAN' DlEGO scmtr I 'I.= 200' DRAm n MnT 111 951 nhAAD rnnp? la#&--- 1 : *\ I i ;* EC.LT2 ! .. *, w-2 _- .". falomzr \)$ /4 k ;2!L ;fi Solid Waste Transfer Site fl zEL c,.,7,7:7 Rm5.77 p9- #+ p !.> -=A- I ! KIn/iTi* ;dGF: 0 I , =TQ feet /-a 5T?L_E 1'2-0 . c. 1800'2 to Pzlon2r >.izz=. LEGEND "6- Soil Sarnple ~,ocstio~ t 4 -cDraizage Flow By: F. E. BAS' c ,IC a 1.- 0 , .- e EXHIBIT "B" TO SETTLEMENT AGREEAIENT (FE.E SCHEDULE -- TO BE PROVIDED BY @OUXTY) .. * ,>’ 0 !e ”.. EXHIBIT “C” TO SETTLEhIENT-AGREEMENT PROECT EhZL4iiCEiMEhT7S The following project enhancements are included in the project description and are to be funded by the County Solid Waste Division a1 no cost to Coast, Carlsbad, or County Airports: 1. Faradav Dedication. The County shall make an Irrevocable Offer to Dedicate to the City of Carlsbad (“Carlsbad”), at no cost and free of all liens znd encumbrances, Faraday avenue alon,o the projecr site from the western edge of the Counry ov%nership and estendink all the way to the east edge of the County ownership. The IOD shall be for an 84 foot Right of Way including siope and drainzg easements. No improvements shall be required from the County unless the County submits plans to develop these properties and the improvemenrs are not already in place. Design and alignmenr Faraday shall comply with the City’s design standards for a secondary arterial, The IOD shall be granted to Carlsbad no later than three (3) months afier the date upon which the City supplies the County with the necessary engineering da~ showing the alignment for the Faraday Road extension It is recognized and agreed thst .a: 2 materia1 part of the agreement to dedicate this Righr of Way which is owned by County Airpom, tnx the other road improvements set out below will be funded and installed to the benefit of Cocn~ hirpom propew at no COST to county Airpons, and that in addition, Carlsbad will review and consider in good faith any application to develop Coun? Airport’s property that can be serviced by Farday as dedicated under this Agreement. The p217ie: have rsviewed the relative values of rhese improvements and conditions and agree that the overa!I benefits accruing to County Airpom is equivzlent to or greater than the value of the IOD required by this A= oreement. 2. The County shall make zn Irrevocable Offer to Dedicate approximately 2100 feet in length, at no cost and free of all liens and encumbrances, in favor of Carlsbad for a 48 foot Righr of W’ay covering the public easemendaccess road that serves the Transfer station. 3. The County shall, if requesxd by Carlsbad, enter into a standard public works contract with Carlsbad to acquire any necessary Right of Way, and shall improve, or cause to be improved and pay‘for, modifications to the inrersection of Faraday and El Camino Real to provide two left turn lanes out of Faraday onto El Camino Real, one through lane, and one right turn lane, with a medianjdivider, all as sho~m on the attached plan. 4. The County shall enter into a standard public works contract with Carlsbad to install, or caused to be installed and paid for, a deceleration lane approximately 300 feet in len,oth improved to prime arterial standards on El Camino Real as set forth on the anached sheet. 5. The County shall, at its OPrion, either enter into a standard public works contract with Carlsbad or make arrangements to do the work itself, or to have Coast do the work, to improvl the interior access road to forty (40) feet of pavement, industrial sections, with a/c berms. The F-\CLIE?rTSrTTC.~CO.~~~Sr,~~~~T.~~.~.~lg 1 +. , \ J e 0 parries shall cooperate in analyzing the condi:ion of the existing pavement (including base and subbase) on site, and, based on sound engineering practice, those portions of the existins access way that are in sood condition and which c2n ressonably be expervred tO service the life ofthis project, shall be widened, and any areas of the existing access way that are not in good condition shall be removed and replaced as needed so that the end result will be a good quality, 40 foot pzvec and bermed industrial standards access way which can serve the reasonable life of this project at th ieast cost to the County. Y 6. The County shall, for a minimum of 60 days provide supplemental staff or qualifiec contract workers to (1) be on site during weekends to facilitate self haul users, answer questions, and undertake community relations activiries to ensure that self haul operations are conducted safely, clemly, and efficiently; (2) to pick ~p litter, direct trafic, patrol and police the area, and perform related tasks during weekend self haul hours to ensure that self haul operarions are conducted safely, cleanly, and efficiently; and (3) On an “as needed” and “as requested” by Carisbrs basis assist in the cleanup of illegal dumping as a result of operaions at Palomar and the closing of the San Marcos landfill. This includes the prompr cleanup of any illegal dumping and removal of liner to ensure that Carlsbad does not experience a significant increase in litter or illegal dumping as a result of this project. I 7. As soon as possible afier th? ?secution of this Agreement Coast shall present the Comr with receiprs and records for improvements nzde to the sca!es and related faciliries which Coast paid for prior to the signing of this Agreement bc: is mricipation of the signing hereof and in preparation ~o operare the Faciliy at SO0 tons per dq corrncxing &larch 12, 1997. The County shall prornptiy reimburse Coast for the same. Iffor any reson the County disputes any item for cvhich Cow requ2~1j reimbursement, or disputes any record or rx2igr presented by Coxst, the parries shdl meer and confer i confer, then the City of Carlsbad shall, at the rquesr of either party, appoint an outside: neutral pa= knowledgeable in the subject matter who shs!l decide the matrer and whose decision shall be fina! zxi binding. - good faith in an effort to reach agreement or! rhe maner. If they are unzble to agree after such me?: zr,d 8. Ln the event that the total acma! cost to the County, based on plans mnd specifications z approved by the parties, for the improvements called for by paragraphs 3,4, and 5 above, shall total more than S500,000, the parties shall meet and confer in good faith to consider redesign options to reduce the total cost to the County below S500,OOO. .. F \CLIE~\CTTC.~~OAS~~ST\COCL~~~I~.~.~~~ 2