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Home My WebLink About2000-06-06; City Council; 15757; Temporary Wastewater Collection With LCWD- h , ‘i !’ ic CI’P Y OF CARLSBAD -AGENDA brCL 9B# 1s. 25 7 TITLE- -- APPROVE AND AUTHORIZE EXECUTION OF REIMBURSEMENT AGREEMENT FOR TEMPORARY UlTG. 6/06/00 WASTEWATER COLLECTION FOR CARLSBAD TRACT NO. 93-04 WITH LEUCADIA COUNTY WATER DISTRICT IEPT. ENG RECOMMENDED ACTION: ” fi DEPT. HD. @ !’ c&E CITY All-Y. CITY MGRZG Adopt Resolution No. c&W0 * 172 t o approve and authorize execution of Reimbursement Agreement for Temporary Wastewater Collection for Carlsbad Tract No. 93-04 with Leucadia County Water District. ITEM EXPLANATION: Carlsbad Tract No. 93-04 is located in the Carrillo Ranch development. This tract is located where the City presently does not have a sewer system available for sewer service. To provide sewer service requires constructing 600 feet of 8-inch diameter gravity sewer pipeline across an open space area, and also constructing an 8-inch sewer in the extension of El Fuerte to Poinsettia Lane. The road improvements to extend El Fuerte to Poinsettia Lane is planned to occur in the future by the developer of Bressi Ranch property. The future sewer is consistent with the Sewer Master Plan and will be paid for by Sewer Benefit Area “H” fees. However, on an interim basis, the tract can receive sewer service through a sewage lift station referred to as La Costa Meadows Unit No. 3 Pump Station, which is owned and operated by Leucadia County Water District (LCWD). The LCWD is willing to provide sewer service to this tract through their sewage pump station until the City’s master planned sewer pipeline system is constructed. A reimbursement agreement between the City and LCWD was prepared to provide for the following: 1. Sewer service for 25 residential lots in Tract 93-04 for a period of ten years. 2. City shall compensate LCWD for operation and maintenance costs, at LCWD’s current sewer service charge with a provision that the charge can be adjusted annually by LCWD. 3. The City shall indemnify LCWD for all liability, claims, costs, liens, actions or lawsuits arising out of City’s obligations on this sewer service. 4. The City shall properly abandon the temporary connection to the Pump Station upon completion of the permanent sewer system. ENVIRONMENTAL IMPACT: The environmental impacts for sewer service by this tract through this temporary sewer arrangement was considered in the approval of the Master Plan for Carrillo Ranch Master Plan. FISCAL IMPACT: The City will be required to assess the affected 25 residential units in Tract 93-04 LCWD’s sewer service fee. The monthly sewer service fee will be collected by the City and passed through to LCWD on a quarterly basis. The sewer connection fees and sewer benefit area “H” fees for the 25 residential units will remain with the City. The Sewer Benefit Area “H” fees shall be used to fund construction of the 600 feet of 8-inch diameter sewer. This will occur when Bressi Ranch property is developed in the future. Page 2 of Agenda Bill No. ;, 757 - 1. Location Map. 2. Reimbursement Agreement for Temporary Wastewater Collection for Carlsbad Tract No. 93-04, Ranch0 Carrillo Village Q4. 3. Resolution No. 2000 -IT,& to approve and authorize execution of Reimbursement Agreement for Temporary Wastewater Collection for Carlsbad Tract No. 93-04 with Leucadia County Water District. CITY OF OCEANSIDE PROJECT NAME PROJECT EXHIBIT AREA OF INTERAGENCY AGREEMENT g!$!$?z 1 CARLSBAD ENGINEERING DEPT s/17/00 C.\CAPITAL\PLUMMER\93- REIMBURSEMENT AGREEMENT FOR TEMPbiARY WASTEWATER COLLECTION FOR CARLSBAD TRACT NO. 93-04 - RANCH0 CARRILLO VILLAGE Q4 This Agreement is made and entered into in the City of Carlsbad, State of California, by and between the LEUCADIA COUNTY WATER DISTRICT (hereinafter “DISTRICT”) and the CITY OF CARLSBAD (hereinafter “CITY’) with reference to the following facts: RECITALS A. CONTINENTAL RANCH, INC. (hereinafter “CONTINENTAL” is the owner of that certain real property located in the City of Carlsbad, County of San Diego, State of California, known as Tract No. 93-04 Ranch0 Carrillo Village Q4 (hereinafter the “Subject Tract”), said tract to consist of 25 dwelling units. 6. DISTRICT is a public entity organized and functioning pursuant to the County Water District Law, California Water Code section 30000. C. CITY is a general Law City (Gov. Code, section 34102), organized and functioning pursuant to the provisions of the California Constitution, Art. XI, section 2 (a) and Government Code section 36501 et seq. D. CONTINENTAL has received tentative map approval from CITY and filed improvement plans, tract map and grading plans with CITY for the development of the Subject Tract. E. CONTINENTAL desires to develop Subject Tract and proceed with the construction of the 25 dwelling units contained therein, but has been unable to continue with development and construction due to the present lack of wastewater conveyance and treatment facilities in the area. F. DISTRICT has wastewater conveyance facilities from Subject Tract to the Encina Wastewater Authority (hereinafter the “EWA”) and is willing to provide CONTINENTAL with interim transportation of wastewater to the EWA through its conveyance facilities until termination of this Agreement as defined in Section 2, herein. Ranch0 Carrillo Reimbursement Agreement Page 1 of 4 G. CIN contemplates that other wastewater transmission or treatment facilities will be constructed to serve the area in which the Subject Tract is located. During the term of - this Agreement, CITY desires to compensate DISTRICT for the costs of conveyance and treatment of wastewater generated from the Subject Tract. NOW THEREFORE, it is agreed by and between the parties as follows: DISTRICT agrees that for the term of this Agreement, as defined in Section 1. Section 2, it will convey wastewater from all 25 units of Subject Tract to the EWA. This Agreement shall expire when either of the following has occurred: Section 2. (1) wastewater transmission or treatment facilities serving the Subject Tract have been constructed and accepted by City, and the sewage collection system serving the Subject Tract has been connected to said facilities; or (2) ten (10) years after the effective date of this Agreement, whichever occurs first. If said Agreement expires as a result of 2. (2) herein, said Agreement may be extended on a year by year basis for five years to provide the CITY time to design and to construct an offsite collection sewer for the subject tract. Section 3. CITY shall have the right and duty to charge the owners of all or any part of the Subject Tract its usual and customary charges for sewer services. Section 4. To compensate DISTRICT for costs of operation and maintenance of the wastewater conveyance facilities servicing the Subject Tract, CITY shall pay DISTRICT quarterly, for the term of this Agreement, a sum equal to 100% of the DISTRICT’s then current sewer service charge. The DISTRICT’s sewer service charges may be adjusted annually. The CITY shall pay the then current DISTRICT sewer service charge to the extent that the DISTRICT sewer service charge does not exceed the equivalent CITY sewer service charge to these same EDU’s in which case the CITY’s then current sewer service charge shall be reimbursed to the DISTRICT. Section 5. CITY shall provide, or cause to be provided by others, construction, construction financing, bonding, management, and inspection of connection of subject sewer to the DISTRICT La Costa Meadows Unit No. 3 Pump Station. CITY agrees to hold harmless and defend DISTRICT from and against any and all liability, claims, costs, liens, Ranch0 Carrillo Reimbursement Agreement Page 2 of 4 actions, or lawsuits arising out of CITY’s obligations in this regard. In the future, the CITY shall provide sewer relocation and abandonment plans to DISTRICT for review and approval, which shall not be unreasonably withheld, prior to reconnection of these lots from the LCWD pump station to the CITY sewer system. Such reconnection work shall be entirely the CITY’s responsibility. Section 6. No party to this Agreement shall be entitled to assign all or any portion of its rights or obligations contained herein without obtaining the prior written consent of the other parties; such consent shall not be unreasonably withheld. Section 7. This Agreement shall inure to the benefit and be binding upon all of the parties hereto and their respective successors, heirs and assigns. Section 8. This Agreement and any disputes relating to this Agreement shall be construed under the laws of the State of California. Section 9. The terms, conditions and covenants of this Agreement should be construed wherever possible, consistent with applicable laws and regulations. To the extent that any provision of this Agreement violates any applicable law or regulation considering an interpretation of this Agreement consistent with that law or regulation, the remaining provisions shall nevertheless be carried into full force and effect and remain enforceable. Section 10. The effective date of this Agreement, executed in duplicate and to be performed in the County of San Diego, State of California, consisting of four pages, is _ June 15. 2000 I= Ranch0 Carrillo Reimbursement Agreement Page 3 of 4 IN WITNESS WHEREOF, the respective parties have caused this instrument to be executed by their respective officials and this instrument shall be sea’led by the Leucadia County Water District and the City of Carlsbad pursuant to resolutions duly adopted by the government bodies of said public entities. Dated: 11/11/98 (Seal) Dated: 6 -/sem (Seal) TER DISTRICT Ranch0 Carrillo Reimbursement Agreement Page 4 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ,- RESOLUTION NO. 2ooo-172 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE AND AUTHORIZE EXECUTION OF REIMBURSEMENT AGREEMENT FOR TEMPORARY WASTEWATER COLLECTION FOR CARLSBAD TRACT NO. 93-04 WITH LEUCADIA COUNTY WATER DISTRICT. WHEREAS, Carlsbad Tract 93-04 is located within the City of Carlsbad and is within the City’s sewer service area; and WHEREAS, the City is unable to provide sewer service to 25 residential units within Carlsbad Tract No. 93-04 until the Bressi Ranch property is developed; and WHEREAS, the Leucadia County Water District has an existing sewer system that is able to provide adequate sewer service on a temporary basis to 25 residential units in Carlsbad Tract No. 93-04; and WHEREAS, a Reimbursement Agreement with Leucadia County Water District ias been prepared to provide for the temporary sewer service and requires the City to collect from the 25 residential units the sewer service charge imposed by Leucadia Zounty Water District and to pay this charge on a quarterly basis to Leucadia County JVater District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: Ill Ill Ill Ill Ill Ill 1. That the above recitations are true and correct. h 1 2 3 4 5 6 7 9 IO Ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That the Mayor is authorized and directed to execute the Reimbursement Agreement for Temporary Wastewater Collection for Carlsbad Tract No. 93-04 with Leucadia County Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of June ,200O by the following vote, to wit: AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin s (SEAL)