HomeMy WebLinkAbout2003-01-21; City Council; 17048; Agreements to Accomodate Sewage FlowsCITY OF CARLSBAD - AGENDA BILL 6
- TITLE: APPROVAL OF TWO AGREEMENTS TO DEPT. HD. \B#
ATG. 1 /21/03
IEPT. ENG
CITY ATTY. & PALOMAR FORUM AND CARLSBAD RACEWAY BUSINESS PARKS
17,048
ACCOMMODATE SEWAGE FLOWS FROM THE
(CT 98-10 AND CT 99-06)
RECOMMENDED ACTION:
Adopt Resolution No. 2003-021 approving two agreements to accommodate sewage flows from the Palomar Forum Business Park and Carlsbad Raceway Business Park, CT 98-10 and CT 99-06.
ITEM EXPLANATION:
Two developers, LSOF Carlsbad Land, L.P. and Palomar Forum Associates, L.P., are in the process of building the Palomar Forum and the Carlsbad Raceway commercial business parks near the border of Carlsbad and Vista. Carlsbad cannot currently provide sewer service to either business park. When completed, the South Agua Hedionda trunk-line will provide long term sewer service to these sites. One of the conditions of approval for the final maps for the business parks requires the developers to confirm interim sewer service to these sites. To satisfy this condition of approval, the Buena Sanitation District, located in Vista, has agreed to provide interim sewer service to these sites until the South Agua Hedionda trunk-line is completed. The business parks will shift their sewage discharge from the District’s collection system to the South Agua Hedionda trunk-line upon its completion. The projected completion date for the South Agua Hedionda trunk-line is approximately December 2008.
Government Code Section 56133(e) allows two public agencies to enter into an agreement to provide a public service outside an agency’s jurisdictional boundaries, when that agency cannot currently provide a public service to the area within which a project is located. This type of agreement does not require LAFCO approval. The Buena Sanitation District has agreed to enter into an agreement with the City of Carlsbad to provide sewage collection services to the Palomar Forum and the Carlsbad Raceway. The agreement for sewage flows between the City of Carlsbad and Buena Sanitation District, attached, outlines the terms and conditions under which the District will accept sewer discharges from the Palomar Forum and Carlsbad Raceway until the South Agua Hedionda trunk-line is completed. The Reimbursement Agreement, attached, requires the developers to reimburse the City for actual costs it incurs for equipment installation, maintenance and operation, and administrative fees related to the underlying flow agreement.
FISCAL IMPACT:
The terms of the Reimbursement Agreement, attached, provide that the developers absorb the City’s actual costs and, thus, there is no fiscal impact to the City from the recommended action.
ENVIRONMENTAL REVIEW:
The Raceway Pump Station and the Raceway and Palomar Forum Subdivisions have processed environmental review pursuant to CEQA requirements.
EXHIBITS:
1. Location Map.
2. Resolution No. 2o03-021 approving two agreements to accommodate sewage flows from the Palomar Forum Business Park and Carlsbad Raceway Business Park, CT 98-1 0 and CT 99-06.
3. Reimbursement Agreement for Costs Related to Sewage Flows from the Carlsbad Raceway and Palomar Forum to the Buena Sanitation District.
4. Agreement for Sewage Flows between the City of Carlsbad and Buena Sanitation District.
LOCATION MAP
LEGEND:
"""_ -"""
""
NOT Tb SCALE
FUTURE ROADS
FUTURE SEWER LINES
EXISTING SEWER LINES
PROJECT NAME EXHIBIT PROJECT
PALOMAR FORUM AND CARLSBAD RACEWAY NUMBER cT98-70 SEWER AGREEMENT I CT99-06
lW BY: SCOTT EVANS, CARLSBAD EN(IYNEERING WT. 1/10/03 C: \DMLWMENT PRoJECTS\f~U-RACfWAY SEER AGREEMENT.DM;
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RESOLUTION NO. 2003-021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING TWO AGREEMENTS
TO ACCOMMODATE SEWAGE FLOWS FROM THE
PALOMAR FORUM AND CARLSBAD RACEWAY BUSINESS
PARKS, CT 98-1 0 AND CT 99-06.
WHEREAS, two prospective sewer sanitation customers of CARLSBAD, commonly known
3s the Carlsbad Raceway (CT 98-10) and the Palomar Forum (CT 99-06) business parks, own
:ertain property within the City of Carlsbad, and desire to develop their property (“Project”); and
WHEREAS, Carlsbad cannot now efficiently provide sewer service to the area within which
:he Project is located; and
WHEREAS, one of the conditions of approval for the final maps for the Project require the
levelopers to confirm interim sewer service to these sites. To satisfy this condition of approval, the
3uena Sanitation District, (“District”) located in Vista, has agreed to provide interim sewer service
o these sites until the South Agua Hedionda trunk-line is completed; and
WHEREAS, Government Code section 56133(e), (Cortese-Knox Reorganization Act of
1985), allows two public agencies to enter into an agreement to provide a public service outside
he jurisdictional boundaries of one of the public entities without first obtaining LAFCO approval
rnder certain conditions; and
WHEREAS, Carlsbad and District have, from time to time entered into sewage flow
lgreements, whereby District agrees to allow a sewer sanitation customer of Carlsbad to
lischarge sewage into the District’s sanitation collection system on the condition that Carlsbad
eimburse the District its reasonable costs for the use of its sewage collection syGtem; and
WHEREAS, Carlsbad desires to have the Project temporarily connect to the District’s
‘anitation collection system for approximately six years, until the South Agua Hedionda Interceptor
ewer line is completed in Carlsbad; and
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WHEREAS, the public service to be provided temporarily by District to the Project is an
alternate to or substitute for the public service that Carlsbad would normally provide to the area
within which the Project is located, consistent with Government Code section 561 33(e); and
WHEREAS, the City Council of the City of Carlsbad, California consider it necessary and in
the public interest to accept and approve the Agreement for Sewage Flows between the City of
Carlsbad and Buena Sanitation District, and the Reimbursement Agreement for Costs Related to
Sewage Flows from the Carlsbad Raceway and Palomar Forum to the Buena Sanitation District,
attached and submitted hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California, as follows:
1. That the above recitals are true and correct.
2. That the Agreement for Sewage Flows between the City of Carlsbad and Buena
Sanitation District, and the Reimbursement Agreement for Costs Related to Sewage Flows from
the Carlsbad Raceway and Palomar Forum to the Buena Sanitation District, are hereby approved,
and the Mayor is authorized and directed to execute both agreements.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City'Council
held on the 21st day of January , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard.
ATTEST
OD, City Clerk
Page 2 of 2 05 Resolution No. 2003-021
(SEAL)
Reimbursement Agreement for Costs Related to Sewage Flows from the
to the Buena Sanitation District
Carlsbad Raceway and Palomar Forum (CT 98-10 and CT 99-06)
This agreement is entered by and between the City of Carlsbad, a municipal
corporation of the State of California, (“City”) and Palomar Forum Associates, a limited
partnership, developer for the Palomar Forum (CT 99-06), and LSOF Carlsbad Land
L.P., a limited partnership, developer for the Carlsbad Raceway (CT 98-10), both
collectively referred to herein as Developer on Fg-brgary-14 , 2003. The Palomar
Forum and the Carlsbad Raceway Business Parks are collectively referred to herein as
the Project.
Whereas, City and the Buena Sanitation District (“District”) have, from time to
time entered into sewage flow agreements, whereby District agrees to allow a sewer
sanitation customer of City to discharge sewage into the District’s sanitation collection
system on the condition that Carlsbad reimburse District the reasonable cost for the use
of its sewage collection system; and
Whereas, City cannot now efficiently provide sewer service to the area within
which the Project is located, and desires that the Project temporarily connect to the
District‘s sanitation collection system for approximately six years until the South Agua
Hedionda Interceptor sewer line is completed in Carlsbad; and
Whereas, the City of Carlsbad and the District entered into an Agreement for
Sewage Flows between the City of Carlsbad and Buena Sanitation District (“Flow
Agreement”) to allow sewage to be temporarily discharged from the Project into the
District’s sanitation collection system for the benefit of the Project on
February 11 , 2003, attached and incorporated herein; and
Whereas, the public service to be provided temporarily by District to the Project
is an alternate to or substitute for the public service that City would normally provide to
the area within which the Project is located, consistent with Government Code section
561 33(e); and
Whereas, the Developer is willing to pay the City for administrative costs incurred
by the City for managing the Agreement between the District and City, and for the
actual costs of any City-installed equipment necessary to connect the Project’s sewage
discharge to the District’s sewage collection system.
Now, therefore, the parties agree to the following terms and conditions:
Payment of Compensation: The Developer agrees to reimburse City for the City’s
proportionate share of the District’s actual costs operational and maintenance costs
associated with the total volume of sewage generated from the Project into the Buena
sanitation system pursuant to Section 6 of the Flow Agreement. City or Developer may
1 c
construct a metering system at the point of main line connection to the District’s facility
consistent with Section 9 of the Flow Agreement.
Administrative Costs: Each Developer agrees to reimburse the City for costs incurred
in administering the Agreement. The City will invoice each Developer an additional five
percent (5%) of the District’s invoiced amount, but no less than one thousand dollars,
($1,000) each year. An alternative method of paying administrative costs may be
substituted if mutually agreed to by the City’s Finance Director and both Developers.
Term: This Agreement shall become effective upon the date first written above, and
continue for a period of one (I) year. This Agreement shall renew annually, without
further action of either Developer or City, unless terminated as set forth below. The
parties intend that this Agreement will continue until City completes construction of the
South Agua Hedionda Interceptor. Barring unforeseeable events, the City anticipates
completing the South Agua Hedionda Interceptor by approximately December 2008.
Termination: The parties intend that this Agreement will remain in full force and effect
until the South Agua Hedionda Sewer Interceptor in Carlsbad is complete. However, if
necessary, for unforeseen circumstances, this agreement may be terminated for good
cause by giving 120 days advance written notice to the other party. The South Agua
Hedionda Interceptor project shall be deemed completed when it is capable of
accepting sewage flow, whether or not the City has formally accepted the Project as
complete.
Indemnification: The Developer agrees to indemnify and hold the City and its officers,
officials, employees and volunteers harmless from and against all claims, damages,
losses and expenses including attorneys fees arising out of the performance of this
agreement, caused in whole or in part by any willful misconduct or negligent act or
omission of the Developer, it agents and employees, or anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable.
Venue: In the event of any legal or equitable proceeding to enforce or interpret the
terms or conditions of this Agreement the parties agree that venue shall lie only in the
federal or state courts in or nearest to the North County Judicial District, County of San
Diego, State of California.
Notices: All notices required or provided for under this agreement shall be in writing
and delivered in person or sent by mail, postage prepaid and addressed as provided in
this paragraph. Notice shall be effective on the date it is delivered in person, or, if
mailed, on the date of deposit in the United States Mail. Notices shall be addressed as
follows unless a written change of address is filed with the City:
Notice to City: City Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
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Notice to Developer: Palomar Forum Associates, L. P.
C/o Larry E. Nelson, General Partner
1420 Bristol Street North, Ste. 100
Newport Beach, CA 92660
Notice to Developer: LSOF Carlsbad Land, L.P.
C/o Hudson Advisors LLC
John Crowley
717 N. Harwood, Ste. 2100
Dallas, Texas 75201
Modification: Unless otherwise stated herein, this Agreement may not be altered in
whole or in part except by modification, in writing, executed by all the parties to this
Agreement.
Multiple Counterparts: This Agreement may be executed in a number of identical
counterparts which, taken together, shall constitute collectively one (1) agreement.
Each counterpart shall be deemed an original.
Entire Agreement: This Agreement contains all representations and the entire
understanding between the parties with respect to the subject matter of this Agreement.
Any prior correspondence, memoranda, or agreements, whether or not such
correspondence, memoranda, or agreements are in conflict with this Agreement, are
replaced by this Agreement.
The Signature Page for this Agreement follows on Page Four, attached.
Signature Page
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Reimbursement Agreement for Costs Related to Sewage Flows from the
to the Buena Sanitation District
Carlsbad Raceway and Palomar Forum (CT 98-10 and CT 99-06)
FOR THE DEVELOPER
Palomar Forum Associates, L.P.
ATTEST:
Print Name andkitle PJW7b"
LSOF Carlsbad Land, L.P.
By: LSOF GenPar Ill, Inc.,
Its General Partner
APPROVED AS TO FORM:
Ronald R. Ball, City Attorney
fl: Deputy City Attorney Jd, C Lmdw VP
Print Name and Title
By:
Print Name and Title
Proper notarial acknowledgment of execution by Developer must be attached.
Chairman, president or vice-president AND secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations.
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empovvering the officer(s) signing to bind the corporation, If
signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument.
4 d
Reimbursement Agreement for Costs Related to Sewage Flows from the
to the Buena Sanitation District
Carlsbad Raceway and Palomar Forum (CT 98-10 and CT 99106)
FOR THE ClT;r OF CARLSBAD A
ATTEST:
n
APPROVED AS TO FORM:
Ronald R. Ball, City Attorney
6/ Deputy City Attorney
FOR THE DEVELOPER
Palomar Forum Associates, L.P.
By:
Print Name and Title
LSOF Carlsbad Land, L.P.
By: LSOF GenPar 111, Inc.,
Its General Partner A
By: " I
Bv:
Print Name and Title
Proper notarial acknowledgment of execution by Developer must be attached.
Chairman, president or vice-president AND secretary, assistant secretary, CFO or assistant
treasurer must sign for corporations.
Otherwise, the corporation must attach a resolution certified by the secretary or assistant
secretary under corporate seal empowering the officer@) signing to bind the corporation. If
signed by an individual partner, the partnership must attach a statement of partnership
authorizing the partner to execute this instrument.
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STATE OF TEXAS s
COUNTY OF DALLAS 9
On the & day of January ,2003 before me, the undersigned Notary Public,
personally appeared Mary Etta Ford , who is personally known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged tome
that she executed the same for the purposed and consideration therein expressed.
\ Witness my hand and o mal
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of ,<$/ig 8 } SS.
HIXLUU :a t;,d ,2UL73 before me,
personally appeared A/ &&24 e.. Dale
Name(r) ol Signer(s)
0 personally known to me
evidence
to be the person whose nameH iske-
subscribed to t tP e within instrument and
acknowledged to me that he/she/they executed
the same in hislbe" authorized
,E3 proved to me on the basis of satisfactory
capacity(bsj, and that by his/-
signatureNon the instrument the personlo): or
the entity upon behalf of which the persow
acted, executed the instrument.
WITNESS fly hand and-official seal.
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual 0 Corporate Officer - Title(s):
0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee
0 Guardian or Conservator
0 Other:
Signer Is Representing: l--"J
%A" ,. ' - rnpemzp ,' ,
0 1999 Nalional Nolay Assoclalion 9350 De Solo Am.. P.O. Box 2402 * Chalswcwih. CA 91313-2402 * w.nalionahotary.org Prod. No. 5907 Remder: Call Tdl-Free I-mO-876
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California 'I
0 personally known to me
,El proved to me on the basis of satisfactory
evidence
to be the person@) whose name# is/-
subscribed to the within instrument and
acknowledged to me that hdsbeA4ey executed
the same in hid" authorized
capacity(@, and that by his/hf"r
signature# on the instrument the person#, or
the entity upon behalf of which the personp
acted, executed the instrument.
WITNESS my hand and official seal.
OPTIONAL
Though the information below is not required by law, it maypmve valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer@) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
0 Individual
0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General
0 Attorney-in-Fact
0 Trustee 0 Guardian or Conservator
0 Other:
Signer Is Representing:
0 1999 National Notary Association * 9350 De Sot0 Ave., PO. Box 2402 * Chatsworth. CA 913132402 * www.nationalnotaryorg Prod. No. 5907 Reorder: Call Toll-Frea 1-8004766827
AGREEMENT FOR SEWAGE FLOWS BETWEEN THE CITY OF CARLSBAD
AND BUENA SANITATION DISTRICT
WHEREAS, CARLSBAD cannot now efficiently provide sewer service to
the area within which the Project is located; and
WHEREAS, as of November 22, 2002, LAFCO’s records indicate that there are
no special districts in CARLSBAD that can currently provide sewer service to the
area within which the Project is located; and
WHEREAS, the Project is within the Raceway Basin Assessment District
served2 BUENA; and
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WHEREAS, CARLSBAD desires to have the Project temporarily connect
to the BUENA sanitation collection system for approximately six years, until the
South Agua Hedionda Interceptor sewer line is completed in Carlsbad; and
5. COMPENSATION. CARLSBAD shall pay BUENA an Annual Service Charge
which shall be equal to BUENA’S operational and maintenance costs associated
with the total volume of sewage generated from the Project into the BUENA
sewage sanitation system. The Annual Sewer Service Charge shall be based on
the same factors as those applied to any other BUENA customer as determined
from tiFEto time by the Buena Sanitation District Board of Directors.
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11. VENUE. In the event of any legal or equitable proceeding to enforce or
interpret the terms or conditions of this Agreement the parties agree that venue
shall lie only in the federal or state courts in or nearest to the North County
JudiciXDistrict, County of San Diego, State of California.
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12. MODIFICATION. This Agreement may not be altered in whole or in part
except by modification, in writing, executed by all the parties to this Agreement.
The signature page follows as page five of this Agreement. -
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Signature Page
AGREEMENT FOR SEWAGE FLOWS BETWEEN THE CITY OF CARLSBAD
AND BUENA SANITATION DISTRICT
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EXHIBIT A
LEGAL DESCRIPTION
PALOMAR FORUM, C.T. 99-06
All that portion of Section 13, Township 12 South, Range 4 West, San Bernardino
Meridian and all that portion of Section 18, Township 12 South, Range 3 West, San
Bernardino Meridian, in the City of Carlsbad, County of San Diego, State of California,
according to official Plat thereof, described as follows:
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LEGAL DESCRIPTION
CARLSBAp RACEWAY, C.T. 98-10
THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 2, SECTION 13, EST, SAN BERNARDINO
MERIDIAN, IN THE SAN DIEGO, STATE OF
CALIFORNIA, ACCORDING
PARCEL 4:
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 18,
TOWNSHIP 12 SOUTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY
OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO
OFFICIAL PLAT THEREOF.
EXCEPTING THEREFROM ONE-HALF OF ALL MINERALS IN, ON OR UNDER SAID
LAND AS RESERVED BY BURTON D. HIGHTOWER, A WIDOWER, IN DEED
RECORDED MAY 19,1959 IN BOOK 7669, PAGE 361 OF OFFICIAL RECORDS.
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LOCATION MAP
LEGEND:
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A
NUT Tb SCALE __
FUTURE ROADS
FUTURE SEWER LiNES
EXiSTiNG SEWER LiNES
PROJECT NAME EXHIBIT PROJECT PALOMAR FORUM AND CARLSBAD RACEWAY NUMBER cT98-10 SEWER AGREEMENT il CT99-06
W BY: SCOTT EVANS. CARLSBAD ENGlNEERlNG DEPT. 1/10/03 C: \DEMLOPMENT PR(MClS\FCXL"RACEWAY SEER AGREEMENLDHG
City of Vista
February 13,2003
Lorraine Wood
City Clerk
City of Carlsbad
1200 Carlsbad Village Drive
Carlsbad, CA 92008
RE: Agreement for Sewage Flows between the City of Carlsbad
and the Buena Sanitation District
Dear Ms. Wood:
At the meeting held on Februw- 11, 2003, the Buena Sanitation District Board adopted
Resolution No. 2003-4, approving the above-referenced agreement. Enclosed please find
an executed copy of the agreement and a copy of the resolution for your files.
If you have any questions concerning this document, please contact 'Terry Lutz in OUI
Engineering Department at (760) 639-61 11.
Sincerely,
Rita R. Turnbull
Administrative Secretary
Office of the City Clerk
enc .
c: T. Lutz, Principal Engineer
City Engineer, City of Carlsbad
600 Eucalyptus Avenue PO. Box 1988 Vista, California 92085 (760) 726-1340 www.ci.vista.ca.us
RESOLUTION NO. 2003 - 4
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BUENA
SANITATION DISTRICT APPROVING A SEWAGE FLOW AGREEMENT
BETWEEN BUENA SANITATION DISTRICT AND THE CITY OF
CARLSBAD
WHEREAS, the City of Carlsbad (“Carlsbad”) and Buena Sanitation District (“BSD)
desire to enter into a sewage flow agreement whereby certain property owners within
Carlsbad sanitation district will be authorized to discharge effluent into the BSD sanitation
collection system; and
WHEREAS, under Article 3, Chapter 4, Part 3, Division 5 of the California Health
and Safety Code, BSD may enter into agreements to accomplish the purposes of the
district,
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The above recitals are true and correct.
2. The Agreement for Sewage Flow Between the City of Carlsbad and Buena
Sanitation District dated February 11 , 2003 is approved.
3. The Chairman of the Board of the Buena Sanitation District is authorized to
execute the agreement on behalf of the District.
PASSED AND ADOPTED at a meeting of the District Board held on the 11 thday of
February, 2003 by the following vote:
AYES: CAMPBELL, CAMPO, GRONKE, RITTER, CHAIRPERSON VANCE
NOES: NONE
ABSTAIN: NONE
AS TO FORM: ATTEST:
District Counsel Jo Seibert, Clerk of the Board