HomeMy WebLinkAbout2021-06-22; City Council; ; Yarrow Drive Sinkhole and Wastewater Emergency RepairMeeting Date: June 22, 2021
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Vicki Quiram, Utilities Director
vicki.quiram@carlsbadca.gov, 760-438-2722
Dave Padilla, Engineering Manager
dave.padilla@carlsbadca.gov, 760-603-7356
Subject: Yarrow Drive Sinkhole and Wastewater Emergency Repair
District: 2
Recommended Action
Adopt a resolution authorizing the City Manager or designee to approve a reimbursement
payment to the City of Vista for the City of Carlsbad’s portion of costs for the emergency repair
of the Yarrow Drive sinkhole and wastewater emergency repair in an amount not to exceed
$295,061.
Executive Summary
On April 12, 2020, staff made repairs in response to a sinkhole that formed over a sewer
pipeline on private property in the City of Carlsbad. The Buena Sanitation District, which is an
entity of the City of Vista, owns the pipeline, which conveys wastewater to the Encina Water
Pollution Control Facility. A cost-sharing and use agreement governs the two cities' use of the
pipeline.
The sinkhole was caused by failure of a manhole, and the repair is now complete.
The City Council’s approval is needed to authorize payment to the City of Vista for the City of
Carlsbad’s share of the costs, $295,061 which is based on Carlsbad’s estimated portion of the
flow or approximately 18.8% of total costs. It will be paid from the Capital Improvement
Program Sewer Replacement Fund. Payment will go to the City of Vista. The Vista City Council
serves as the Board of Directors of the Buena Sanitation District, similar to how members of the
Carlsbad City Council make decisions for the Carlsbad Municipal Water District.
Discussion
On April 12, 2020, staff from the Police, Fire and Utilities departments responded to a reported
sinkhole in a private parking lot at 6300 Yarrow Drive (Exhibit 2 for location map). Rainfall
around this time was well above average. The city received about 3.45 inches of rain on April
10, 2020, and six inches over a six-day period beginning two days before that. The unusually
high rainfall, infiltration and inflow into the sewer system, and the condition of the manhole are
believed to have contributed to manhole failure.
June 22, 2021 Item #3 Page 1 of 31
The sinkhole formed over a sewer pipeline owned by Buena and on private property in the City
of Carlsbad. The pipeline, which is the Buena Interceptor Sewer and often referred to as the
Encina Outfall, conveys wastewater to the Encina Water Pollution Control Facility for treatment.
Approximately 81.2% of the pipe's flow originates in the City of Vista and approximately 18.8%
in the City of Carlsbad. A cost-sharing and use agreement from 1987 governs the two cities' use
of the shared pipeline (Exhibit 3).
As the owner, Buena took the lead in the emergency repair. City wastewater staff assisted
Buena's staff and contractors, as needed, to complete the repairs and prevent any sewage
spills. The total project cost is $1,566,144, with the City of Carlsbad’s share as $295,061.
Buena was unsuccessful in obtaining Federal Emergency Management Agency emergency
funding for the repair. Therefore, consistent with the cost-sharing and use agreement, the City
of Carlsbad wastewater budget will be responsible for a percentage of the total repair cost,
based upon Carlsbad’s portion of the flow.
Cost and repair details
The depth of the pipeline and manhole was found to be about 30 feet. Additional problems
with Buena's pipeline and manholes were identified during construction, causing the
emergency repair to be more complicated than expected.
Work included gradually sloping the excavation to reach the 30-foot bottom of the manhole,
bypassing the sewage, constructing a new manhole base, installing manhole risers to the grade
in the deep excavation, backfilling the excavation, replacing one additional manhole,
rehabilitating another manhole and replacing sections of pipe. The sinkhole also damaged the
loading dock, parking lot, irrigation and landscaping on the private property.
Buena negotiated a settlement agreement of $330,097 to compensate the private property
owner for such damages and allowed the owner to have direct control of the repairs to the
private property. The total repair costs are summarized in the following table:
Contractor Description Cost
Colich & Sons Emergency response and repair to
manhole VB4011.A0 $496,568
TC Construction Repairs to manholes VB 4043.A0, VB 4044,
VB 4045, and VB 2046.A0
$525,000
Charles King Co. Bypass pumps $99,990
HDR Condition assessment of manholes $31,414
Michael Baker International Construction management and inspection $16,532
Vinje Middleton Soil technician $19,594
Koloa Pacific Construction Inc. Soil removal (unsuitable for backfill) $46,948
RIF Ill-Yarrow Drive LLC Private property restoration $330,097
Total $1,566,144
City of Carlsbad's share $295,061
June 22, 2021 Item #3 Page 2 of 31
Options
Staff provide the following options for City Council’s consideration:
1.Adopt a resolution authorizing the City Manager or designee to approve a
reimbursement payment to the City of Vista for the City of Carlsbad’s portion of costs
for the Yarrow Drive emergency repairs in an amount not to exceed $295,061
Pros
•The city will pay its share of costs for repairs made to the pipeline and manholes
associated with the Yarrow Drive sinkhole in accordance with the existing
agreement
Cons
•None identified
2.Do not adopt the resolution described in Option 1
Pros
• None identified
Cons
•This action would be inconsistent with the agreement between the Buena
Sanitation District and the City of Carlsbad for the Lease of Capacity in the Encina
Outfall
Staff recommend Option 1 for City Council approval, adopting a resolution authorizing the City
Manager or designee to approve a reimbursement payment to the City of Vista for the City of
Carlsbad’s portion of costs for the Yarrow Drive emergency repairs in an amount not to exceed
$295,061.
Fiscal Analysis
Carlsbad’s portion of costs will be funded from two Capital Improvement Program projects. The
Project No. 5501, Buena Interceptor Sewer Improvements, will fund the costs to repair two of
the three manholes that are not located on Yarrow Drive, a total of $196,707. Project No. 5544,
Buena Interceptor Sewer Realignment, will fund the $98,354 replacement cost of one manhole
along the proposed segment to be realigned. The total project cost is $196,707 + $98,354 =
$295,061.
Buena Interceptor Sewer Improvements – Capital Improvement Program Project No. 5501
Current appropriation $4,300,000
Current expenditures/encumbrances $480,000
TOTAL AVAILABLE $3,820,000
Project cost – City of Carlsbad’s share $196,707
REMAINING BALANCE AFTER PAYMENT $3,623,293
ADDITIONAL APPROPRIATION NEEDED $0
June 22, 2021 Item #3 Page 3 of 31
Buena Interceptor Sewer Realignment – Capital Improvement Program Project No. 5544
Current appropriation $507,000
Current expenditures/encumbrances $0
TOTAL AVAILABLE $507,000
Project cost – City of Carlsbad’s share $98,354
REMAINING BALANCE AFTER PAYMENT $408,646
ADDITIONAL APPROPRIATION NEEDED $0
Next Steps
Upon City Council approval, the City Manager or designee will approve a reimbursement
payment to the City of Vista in an amount not to exceed $295,061.
Environmental Evaluation (CEQA)
This action does not constitute a “project” within the meaning of the California Environmental
Quality Act under Public Resources Code section 21065 in that it has no potential to cause
either a direct physical change in the environment or a reasonably foreseeable indirect physical
change in the environment and therefore does not require environmental review. The City of
Vista was the lead agency on the repairs and is responsible for any required environmental
compliance.
Public Notification
Public notice of this item was posted in keeping with the Ralph M. Brown Act and it was
available for public viewing and review at least 72 hours before the scheduled meeting date.
Exhibits
1.City Council resolution
2.Location map
3.Agreement between the Buena Sanitation District and the City of Carlsbad for the Lease of
Capacity in the Encina Outfall dated Dec. 15, 1987
June 22, 2021 Item #3 Page 4 of 31
RESOLUTION NO. 2021-154
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO APPROVE
A REIMBURSEMENT PAYMENT TO THE CITY OF VISTA FOR THE CITY OF
CARLSBAD'S PORTION OF THE COSTS FOR THE YARROW DRIVE SINKHOLE
EMERGENCY REPAIR IN AN AMOUNT NOT TO EXCEED $295,061
WHEREAS, on April 12, 2020, staff responded to a sinkhole that formed over a sewer pipeline
on private property in the parking lot of 6300 Yarrow Drive in the City of Carlsbad; and
WHEREAS, the Buena Sanitation District, an entity of the City of Vista, owns the pipeline that
conveys wastewater to the Encina Water Pollution Control Facility for treatment; and
WHEREAS, the Agreement between the Buena Sanitation District and the City of Carlsbad for
the Lease of Capacity in the Encina Outfall dated Dec. 15, 1987 governs the two cities' use of the
pipeline; and
WHEREAS, the Agreement between the two agencies allows for the City of Carlsbad's portion
of the flow to be approximately 18.8% of the total; and
WHEREAS, emergency repairs have been completed at a total cost of $1,566,144; and
WHEREAS, the City of Carlsbad's share is $295,061, per the Agreement between the Buena
Sanitation District and the City of Carlsbad.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1.That the above recitations are true and correct.
2.That the City Manager or designee is authorized to approve a reimbursement payment
to the City of Vista for the City of Carlsbad's portion of the emergency repair costs in an amount not to
exceed $295,061.
//
//
//
//
1/
//
June 22, 2021 Item #3 Page 5 of 31
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 22nd day of June, 2021, by the following vote, to wit:
AYES: Hall, Blackburn, Acosta, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
li(ofr#12ze(
MATT HALL, Mayor
'eA rvviy .
BARBARA ENGLESON, City Clerk
(SEAL)
\\" CATh•
0 .........
June 22, 2021 Item #3 Page 6 of 31
�t�\-..
...
I.
J:·:.:-:i-_ •
,, '' '
Camino Vi�a Roble
i ! -�:
·I ,.:/
', ', .� •� "'·•' "!.,.
ATTACHMENT B -·'r·_._.
Exhibit 2
June 22, 2021 Item #3 Page 7 of 31
._)
AGREEMENT BETWEEN THE BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR THE LEASE OF ADDITIONAL CAPACITY IN THE ENCINA OUTFALL
This Agreement, made and entered into this 15th day of December , 1987, by and between BUENA SANITATION DISTRICT, a county sanitation district, formed and existing under the County Sanitation District Act (Section 4700, et seq., Health and Safety Code) hereinafter referred to as "Buena" and the CITY OF CARLSBAD, a municipal corporation hereinafter referred to as "Carlsbad."
WITNESSETH:
I.Carlsbad and Buena Sanitation District entered into an Agreement for thelease of capacity in a land sewage outfall on June 20, 1966.
2.The City of Carlsbad and Buena Sanitation District rescinded the 1966Agreement and replaced it with a new agreement tn 1981.
3.Now the City of Carlsbad desires to temporarily lease additional capacityin the land sewage outfall from Buena.
NOW THEREFORE, the parties hereto agree as follows:
Section 1. EFFECTIVE DATE: This agreement shall take effect July 1, 1988.
Section 2. LEASE OF CAPACITY: Buena agrees to lease to Carlsbad on a temporary basis .8 peak mgd untH a replacement sewer is constructed in accordance with Section 3 of this Agreement.
Section 3. NEW CONSTRUCTION: When peak flows in the interceptor reach 751 of the depth of the pipe in any reach of the Encina Outfall, as determined by the Buena Sanitation District, Carlsbad shall construct a replacement outfall to eliminate the need for th1 s lease. When the construct ion is completed this lease shall terminate. when flows reach 75% of the depth of fiow of the pipe all payments required in Section 4 of this agreement shall double and they will double again each year until the flows are removed from the line. If other unanticipated capacity problems arise relating to th1s lease, Carlsbad, at Buena's request, will be required to pay their share to correct the problem.
Section 4. TERMS OF LEASE: Carlsbad shall pay to Buena $7,500 per yearfor the term of this lease. If permanent capacity should become available for acquisition Carlsbad shall retain the option to acquire said capacity and apply previous lease payments towards the acquisition price.
Section 5. CONNECTIONS: Carlsbad, at its sole expense, shall be responsible for the construction, installation, maintenance, repair, replacement or reconstruction of any necessary transmission faciHties from the Carlsbad Service Area to the Encina Outfall and for the connection of such transmission facilities together with any necessary appurtences to the Encinas Outfall.
1
June 22, 2021 Item #3 Page 8 of 31
Sectjon 6. ENGINEER'S APPROVAL: The location, installation, construction, repair (except emergency repairs) replacement and/or reconstruction of the connections to the Encinas Outfall shall be according to plans and specifications first approved by Buena's engineer.
Section 7. LIMITATIONS ON TYPE AND CONDITION OF SEWAGE: A l l sewagedischarged by Carlsbad into Encina Outfall shall conform to the ordinances, resolution, rules and regulations which Buena must adopt 1n accordance with Agreements of the Encina Joint Powers concerning the condition of sewage and waste permitted to be discharged to the Joint System or any part thereof.
Section 8. METERING: Carlsbad shall, upon request of Buena. provide a device to meter the flow of sewage in the Encina Outfall at a point below any lateral connection, but above the Encina Sewage Treatment Facility. The meter will be installed and operated solely at Carlsbad's expense.
Section 9. INFILTRATION: It ts understood and agreed that there will be f nfl ow of water 1 nto the Enct na Outf a 11 because of leakage between the Carlsbad connection and the Encina Treatlll8nt Plant., Buena shall estimate the total waters that infiltrate the Encina Outfall between said connection and treatment plant (sometimes referred to herein as "infiltrationw) and apportion the same among all of such users of the Encfna Outfall in the proportion that the amount of sewage discharged into the Enc1 na Outfall by each such user bears to the total amount of sewage discharged 1nto the Encina Outfall by all of such users of said Outfall. The amount of infiltration apportioned to each such user shall be deemed a part of the sewage of such user for all purposes.
Section 10. MAINTENANCE CHARGE:
1. During such period as Carlsbad is authorized to use a portion of thecapacity of the Encina Outfallt whether as lessee or owner of such capacity, Carlsbadshall pay to Buena a share of the cost of the maintenance and operation of the Enc1na Outfall, said share of the cost to be in proportion to the average flow of sewage discharged into the Encina Outfall through Carlsbad's connections to said outfall as compared to the total ave�age flow of sewage discharged into said Enctna Outfall. z.Buena shall b111 Carlsbad for its share of the cost from t1me to time,but at least annuallyt and Carlsbad shall pay its share of the cost to Buena within thirty (30) days after being so billed.
3.Buena shall keep accurate records of this cost of ma1nta1ntng andoperating the Encina Outfall and such records shall be open to inspection by Carlsbad at all reasonable times.
Section 11. CHARGE AGAINST CAPACITY RIGHTS IN ENC INA TREATMENT PLANT AND OCEAN OUTFALL: All sewage discharged into the Encina Outfall through Carlsbad's connection, under the terms of this Agreement and thereafter discharged into. theEncina Treatment Plant, and all infiltration allocable to Carlsbad as determined by Section 9 of this Agreement, shall be charged against Carlsbad's capacity rights in and to the Encina Treatment Plant and Ocean Outfall.
Section 12. REPAIRS: The Encina Outfall Sewer shall be maintained by Buena in good repair and working order in accordance with sound engineering practices. It shall be the duty of Bueni to make repairs on said Encina Outfall required to keep such outfall sewer in good operating condition. Except as provided in Section 13, the cost of all repairs shall be part of the maintenance cost of the Encina Outfall.
z
June 22, 2021 Item #3 Page 9 of 31
. -Section 13. INTERRUPTION OF SERVICE: In the event of an interruption of services to Carlsbad in the Encina Outfal1l, as a result of disaster, operation of State or Federal law, discontinuance or interruption of service to Buena by the Encina Treat111ent Pl ant or Ocean Outfall, or any other cause beyond the control of Buena, Buena shall bear no liab;lity and shall be held harmless by Carlsbad from any claims and liabilities for any injury to or damage to any person or persons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by Buena as a result of such interruption of service.
Section 14. ARBITRATION: Except as otherwise provided herein, all controversies raising out of the interpretation or application of this agreement or the refusal of either party to perform the whole or any part thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by thh section, in accordance with statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by Buena, one by Carlsbad and the third by the first two. The party desiring arbitration shall notify the other party by a written notice stating the following: (1) that it desires arbitration, (2) the controversy to be arbitrated, (3) that it has appointed its nominee, and (4) that it request the other party to appoint 1ts nom1nee. N1th1n th1rty (30) days from thereceipt of said notice the other party shall appoint its nominee. Within fifteen (15) days after the last party has appointed its nominee the two nominees shall appoint the third. None of the arbitrators shall be a res;dent of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or have any contract with, or be an officer or employee of, either party. The arbitration board shall hold at least one hearing and, at least ten (10) days before said hearing, shall give each party written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each party shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hear1ngs,the arbitration board shall reduce their findings of fact, conclusions of law and the award to writing, and shall sign the same and deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both parties. A major;ty finding shall govern if the arbitrators' determination is not unanimous. Each party shall pay its own expenses, including the expenses of the arbitrator which tt nominates. The expenses of the third arbitrator and the administrative costs of the arbitration proceedings shall be shared equally.
Any Controversy which can be determined by an engineer's findings and which under this section could be submitted to arbitration may, if the parties thereto agree in writing to do so, be submt tted to a named engineer who sha 11 be the sole arbitrator.
Such engineer shall be a member of the American Society of Civil Engineers and shall be disinterested as hereinbefore in this section required of arbitrators on an arbftratfon board. He shall proceed 1n the same manner and shall make findings, conclusion and an award in the manner provided herein for an arbitration board.
Section 15. NOTICE: Notice required or permitted under this agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement.
3
June 22, 2021 Item #3 Page 10 of 31
••' ..
-
Section 16. LIABILITY: Nothing herein contained shall ope,:-ate to relieve Carlsbad of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement or reconstruction of the aforesa1d sewer connections and appurtenances or from any act1on or inaction of Carlsbad or its officers, agents or employees in connection therewith.
And except as provided in Section 17 nothing herein contained shall operate to relieve Buena of any 11ab11 tty for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of the aforesaid sewer connections and appurtenances or from any action or inaction of Buena or of its officers, agents or employees in connection therewith.
Section 17. INDEMNITY: To the extent it may legally do so, Carlsbad shall defend and save and hold free and harmless Buena and its agents, officers and eMployees from any cla111S, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of Carlsbad, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction. operation, maintenance, repair, replacement or reconstruction of said sewer connections or appurtenances.
Section 18. TIME OF ESSENCE: Time is of the essence of thts agreement.
Sect1 on 19. SEVERABI LITY: If any sect ion, subsection, sentence, c 1ause, phrase or word of this agreement, or the app 11 cation thereof, to any party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity or the remainder of the agreement or the application of such provision to the other part;es or to any other persons or circumstances shall not be affected thereby. Each party hereby declared that it would have entered into this agreement and each section, subsection, sentence, clauses, phrase and work thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words7 or the application thereof to any party or any other person or circumstance be held invalid.
Section 20. This agreement shall be binding upon the parties hereto and the successors and assigns of each of them.
IN WITNESS WHEREOF, each party hereto has pursuant to resolution duly passed and adopted by its respective governing body caused this agreement to be executed the date first above written.
BUENA SANITATION DISTRICT
By 0� /;,}lL/;,-1r-Clerk of the Board of Directors
4
A,PROVEO av �-� DIStRIO BOARD Of DIRECTORS
I .1' ... { S ,...9 'J ( Y .. . �¼/;-� ·::t.Efilt OF THE D� &OARD OF DIR£CTORS
June 22, 2021 Item #3 Page 11 of 31
8 >
� a.. a.. <
z 0 t; C ... 0 z::::, 8
Cl'tjOF CARLSBAD -AGENCQBILL
AB# 9/4C
MTG. 8/4/87
DEPT. ENG
DILE; AGREEMENT WITH BUENA SANITATION DISTRICT FOR LEASE OF ADDITIONALCAPACITY I.N THE ENCINA OUTFALL
RECOMMENDED ACTION:
Adopt resolution No. 9/,,f.,2_,, authorizing execution of the agreement between the Buena sanitation District and the City of Carlsbad for lease of additional- capacity in the Encina outfall.
ITEM EXPLANATION
In preparation ot the Sewer Master Plan Update a City of Carlsbad capacity deficiency was identified in the upper reaches (Reach BSM 1 and 2) of the Buena Sanitation District Encina Outfall. (See attached Exhibit AA). The quickest most cost effective interim solution to this deficiency is the 1ease of surplus capacity from the District. The attached agreement implements a lease effective until pipe flows reach 751 ot the pipe diameter.
The annual lease cost of $7,500 was calculated based on a proportionate share of the original construction cost. The agreement has been structured such that when the 75% flow is reached a penalty clause is implemented doubling the lease payment to a maximum of $30,000 per year. This clause insures the District that the City will activelypursue parallel line construction in an expeditious manner. Construction of the parallel: facility will be paid for from sewer connection fees when needed. The estimated cost of the parallel facility is $110,000.
FISCAL DIPACT
Lease payments will be $7,500 per year to be drawn from the sewer fund.
EXHIBITS
1.Resolution No. 9/� authorizing execution of theagreement between the Buena Sanitation Diatrict andthe City of Carlsbad for lease of additional capacityin the Encina outfall.
2.Agreement with Buena sanitation District.
3.Exhibit AA.
June 22, 2021 Item #3 Page 12 of 31
1
2
3
4
C
RESOLUTION NO. 9182------
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE BUENA SANITATION DISTRICT AND THE CITY OF CARLSBAD FOR LEASE OF ADDITIONAL CAPACITY IN THE ENCINA OUTFALL.
5 WHEREAS, the City Manager recommends and the city Council
6 concurs that there is a need to lease surplus capacity from the
? Buena Sanitation District; and
8 WHEREAS, a lease agreement for Buena Sanitation District
9 to provide additional capacity to the City of Carlsbad has been
10 negotiated;
11 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
12 City of Carlsbad, Cali�ornia, as follows:
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1.That the above recitations are true and correct
2.That the Mayor is authorized to execute the lease
agreement between the Buena sanitation District and the City of
Carlsbad, California.
3.That the City Council authorizes a transfer of $7,500
from the Sanitation retained earnings to the sanitation
Operation Budget, �ccount number 511-6110-2360.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City council held on the 4th
by the following vote, to wit:
day of Auaust , 1987
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
ATTEST:
NOES: None
ABSENT: None
� I RaA,1i: 49-;,ALETHA L. RAUTENKRANZ, City\Clerk (SEAL)
C
BEST COPY
June 22, 2021 Item #3 Page 13 of 31
AGREEMENT BETWEEN THE BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR THE LEASE OF ADDITIONAL CAPACITY IN THE ENCINA OUTFALL
This Agreement, mad� and entered into _____ day of ____ , 1987, by and bet-ween BUENA SANIT TION DIS'l'RICT, acounty sanitation district, formed end istins under the County Sanitation District Act (Sectio 4700, et seq., Health and Safety Code) hereinafter re rred to as "Buena" and the CITY OF CARLSBAD, ·a m icipal corporation hereinafter referred to as "Carlsbad."
1.Carlsbad end Buena Senian Agreement for the lease of tion District entered into capacity in a land sewage outfall on June 20, 1966�
2.The City of Carlsbarescinded the 1966 Agreeme and Buena Sanitation District and replaced it with a new agreement in 1981,
3.Now the City olease additional capaci Buena.
NOW THEREFORE,
Section 1. effect
Carlsbad desires to temporarily in the land sewage outfall from
agree as follows:
DATE: This Agreement shall take
Section 2. OF CAPACITY: Buena agrees to lease to Carlsbad o a temporary basis .B peek mgd until a replacement se er is constructed in accordance with Section 3 of this Agr ement.
_________ 3. NEW CONSTRUCTION: When peak flows in the intercepto reach 75% of the depth of the pipe in• any rcoch ina· Outfall, es determined by the Buena San! tation District Carlsbad shell construct a replacement outfall to elimina e the need for this lease. When the construction is comple ed this lease shall terminate. When flows reach 75% of th depth of flow of the pipe all payments required in Sect on 4 of this agreement shall double and they will dou le again each year to a maximum of $30,000 per year un il the flows are removed from the line. If other u anticipated capacity problems arise relating to this ease, Carlsbad, at Buena's request, will be required to pay their share to correct the problem.
June 22, 2021 Item #3 Page 14 of 31
)
Section 4. TERMS OF LEASE: Carlsbad shall pay to Buena $7,500 per year for the term of this lease. If permanent capacity should become available for acquisition Carlsbad shall retain the option to acquire said capacity and apply previous lease payments towards the acquisition price.
Section 5. CONNECTIONS: Carlsbad, at its sole expense, shall be responsible for the construction, installation, maintenance, repair, replacement or reconstruction of any necessary transmission fac111t1es from the Carlsbad Service Area to the Encina Outfall and for the connection of such transmission facilities together with any neceasary appurtenances to the Encinas Outfall.
Section 6. ENGINEER'S APPROVALz The location, installation, construction, repair (except emergency repairs) replacement and/or reconstruction of the connections to the Encinas Outfall shall be according to plans and specifications first approved by Buena's engineer.
Encfn9 rules with the
Section 7, LIMITATIONS OM TYPE AND CONDITION OF SEWAGE: All sewage discharged by Carlsbad intoOutfall shall conform to the ordinances, resolutions, and regulations which Buena must adopt in accordance Agreements of the Encina Joint Powers concerning condition of sewage and waste permitted to be discharged the Joint �ystem or any part thereof.
Section 8, METERING: Carlsbad shall, upon request Buena. provide e device to meter the flow of sewage in Bncina Outfall at a point below any lateral connection, above the Encina Sewage Treatment Facility� The meter be installed and operated solely ·at Carlsbad's expense.
to
of the but will
Section 9, INFILTRATION: It is understood and agreed that there will be inflow of water into the Encina Outfall because of leakage between the Carlsbad connection and the Encina Treatment Plant. Buena shall estimate the total waters that infiltrate the Encine Outfall between said connection and treatment plant (sometimes referred to herein as ''infiltration") and apportion the same among all of such users of the Encina Outfall in the proportion that the amount of sewage discharged into the Encina Outfall by each such user bears to the total amount of sewage dis charged into the Encine Outfall by ell of 5uch users of said Outfall. The amount of infiltration apportioned to each such user shall be deemed a part of the sewage of such user for all purposes.
-2-
June 22, 2021 Item #3 Page 15 of 31
Section 10. MAINTENANCE CHARGE:
l.During such period as Carlsbad is authorized to usea portion of the capacity of the Encina Outfall, whether as lessee or owner of such capacity, Carlsbad shall pay to Buena a share of the cost of the maintenance and operation of the Encina Outfall, said share of the cost to be in proportion to the average flow of sewage discharged into the Encina Outfall through Carlsbad's connections to said outfall as compared to the total averaae flow of sewage discharged into said Encina Outfall.
2.Buena shall billfrom time to time, but at pay its share of the cost after being so billed.
Carlsbad for its share of the cost least annually, and Carlsbad shall to Buena within thirty (30) days
3.Buena shall_ keepmaintainina and operating records shell be open to reasonable times.
accurate records of its cost the Encine Outfall and inspection by Carlsbad at
of such all
§ection 11. CHARGE AGAI�ST CAPACITY RIGHTS IN ENCINATREATMENT PLANT AND OCEAN OUTFALL: All sewage discharged into the Encina Outfall through Carlsbad's connection, under the terms of this Agreement and thereafter discharged into the Encina Treatment Plant, and all infiltration allocable to Carlsbad as determined by Section 9 of this Agreement, shall be charged against Carlsbad's capacity rights in and to the Encina Treatment Plant and Ocean Outfall.
Section 12. REPAIRS: The Encina Outfall Sewer shell be maintained by Buena in good repair and working order in accordance with sound engineering practices. It shall be the duty of Buena to make repairs on said Encina Outfall required to keep such outfall sewer in good operating condition. Except as provided in Section 13, the cost of all repairs shall be part of the maintenance costs of the Encina Outfall.
gection 13. INTERRUPTION OF SERVICEt In the event ofan interruption of services to Carlsbad in the Encina Outfall, as a result of disaster, operation of State or Federal lew, discontinuance or interruption of service to Buena by the Encina Treatment Plant or Ocean Outfall, or any other cause beyond the control of Huena, Buena shall bear no liability and shall be held harmless by Carlsbad from any claims end liebilties for any injury to or damage to any person or persons or property or for the death of any person or persons arising from or out of such interruption of service or for any other damages or costs incurred by Duena as a result of such interruption of service.
-3-
June 22, 2021 Item #3 Page 16 of 31
)
Section 14. ARBITRATION: Except as otherwise provided herein, all controversies arising out of the interpretation or application of this agreement or the refusal of either party to perform the whole or any psrt thereof shall be settled by arbitration in accordance with the provisions of this section and where not provided by this section, in accordance with. the statutory provisions of the State of California then in force. The controversy shall be submitted to a board of three (3) arbitrators which shall be appointed, one by Buena,, one by Carl�bad and the third by the first two. The partr desiring arbitration shall notify the other party by a written notice stating the following: (1)that it desires arbitration,(2)�he controversy to be arbitrated, (3) that it has appointed its nominee, and (4)that it requests the other party to appoint its nominee. Within thirty (30) days from the receipt of said notice the other party shall appoint its nominee. Within fifteen (15)days after the last party has appointed its nominee the two nominees shell appoint the third. None of the arbitrators shall be a resident of, or taxpayer in, or own property in, or have a place of business in, or be employed in or by, or have any contract with; or be an officer or employee of, either party. The arbitration board shall hold at least one hearing and, at least ten (10) days before said hearing, shell give each party written notice thereof. The arbitration shall be restricted to matters relative to that stated in the notice requesting arbitration. The arbitration board shall have no authority to add to or subtract from this agreement. Each party shall be given an opportunity to be heard and to present evidence. Upon conclusion of the hearing or hearings, the arbitration board shall reduce their findings of fact. conclusions of law and the award to writing, and sh-all sign the same end deliver one signed copy thereof to each public agency. Such award shall be final and binding upon both parties. A majority finding shall govern if the arbitrators' determination 1s not unanimous. Each party shall pay its own expenses, including· the expenses of the arbitrator which it nominates. The expenses of the third arbitrator and the administrative costs of the arbitration proceedings shall be shared equally.
Any Controversy which cen be determined by an engineer's findings and which under this section could be submitted to arbitration may, if the parties thereto agree in writing to do so, be submitted to a named engineer who shall be the sole arbitrator.
Such engineer shall be a member of the American Society of Civil Engineers and shall be disinterested as hereinbefore in this section required of arbitrators on an arbitration board. He shall proceed in the same manner and shall make findings, conclusions and en award in the manner provided herein for an arbitration board.
June 22, 2021 Item #3 Page 17 of 31
)
Section 15. NOTICE: Notices required or ,permitted under this agreement shall be sufficiently given if in writing and if either served personally upon or mailed by registered or certified mail to the clerk or secretary of the governing body of the affected party to this agreement.
Section 16. LIABILITY: Nothing herein contained shall operate to relieve Carlsbad of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement or reconstruction of the aforesaid sewer connections and appurtenances or from any action of inaction of Carlsbad or its officers, agents or employees in connection therewith.
And except as provided in Section 18 nothing herein contained shall operate to relieve Buena of any liability for damages to persons or property arising from or out of the installation, construction, operation, maintenance, repair, replacement and/or reconstruction of the aforesaid sewer connections end appurtenances or from any action or inaction of Buena or of its officers, agents or employees in connection therewith.
Section 17. INDEMNITY: To the extent it may legally do so7 Carlsbad shall defend and save and hold free and harmless Buena and its agents, officers and employees from any claims, liabilities, penalties or fines for injury to or damage to any person or property or for the death of any person arising from or out of any act or omission of Carlsbad, its agents, officers, employees or contractors, arising from or out of any defects in the installation, construction, operation, maintenance, repair, replacement or reconstruction of said sewer connections or appurtenances.
Section 18. TIME OF ESSENCE: Time is of the essence of this agreement.
Section 19. SEVERABILITY: If any section, subsection, sentence, clause. phrase or word of this agreement, or the ap plication thereof, to any party, or to any other person or circumstance is for any reason held invalid, it shall be deemed severable and the validity or the remainder of the agreement or the application of such provision to the other parties or to any other persons or circumstances shell not be affected thereby. Each party hereby declared that it would have entered into this agreement and each section, subsection, sentence, clause, phrase and work thereof irrespective of the fact that one or more sections, subsections, sentences, clauses, phrases or words, or the application thereof to any party or any other person or circumstance be held invalid.
-5-
June 22, 2021 Item #3 Page 18 of 31
J
Section 20. This agreement shall be binding upon the parties hereto and the successors and assigns of each of them.
-6-
June 22, 2021 Item #3 Page 19 of 31
-'
IN WITNESS WHEREOF, ea�h party hereto has pursuant to resolution duly passed and adopted by its respe�tive governing body caused this agreement to be executed the date first above written.
BUENA SANITATION DISTRICT
By ___________ _
CITY OF CARLSBAD
-7-
June 22, 2021 Item #3 Page 20 of 31
--'°
---
ZONE 5
--"', ,---J
PUMP STATION \
AND FORCE MAIN \ \
ZONE 5B
\. � ' , ,.,,,,�,.., ' ✓ , ___ _ '--' ZONE 5A
SAN MARCOS INTERCEPTOR ,._ 9.<t ii;'?:'·
LOCAL FACILITIES MANAGEMENT PLAN
SEWER SYSTEM.
BUENA INTERCEPTOR
i .., .. _
()
,.U X ::c ; =i
► ►
H,NUAFIY 1117
June 22, 2021 Item #3 Page 21 of 31
)
-�
.. AG�EEMENT BETWEEN THE BUENA SANITATION DISTRICT AND CITY OF CARLSBAD FOR TRE
LEASE OF CAPACITY ur TH! ENCIMA OUTFALL
This A�reement. made and entered into this 15th day of December
1981, bv and between BUENA SANITATION DISTRICT� a county sanitation
district, formed and exi�tin, under the County Sanitation District Act
(Sec:tion 4700, et seq.� . . . Health and Safetv Code) hereinafter referre� to ..
•
a!I .,Huena n and the Cit:-, of Carlsbad, a municipal corporation ·hereinafter
referred to as "Carlsbad.u
IHTNESSETH:
l , The City of Carlshad and Buena Sanitation District entered
into an A�reement for the lease of capacitv in a land sewa�e outfall on
June 2U, lq66.
2.Now �uena and Carlsbad desire to rescind that Afreement and
�eolace it bv a new A�reement.
NOW THEREFORE, the parties hereto agree a• follows:
Section 1. EFFECTIVE DATE:
December 15, 1981
This Agreement shall take effect
Section 2. LEASE OF CAPAC�TY: Buena a1rees to lease to Carlsbad
the followin� listed percentap.es of capacity in the €ncina Outfall:
Contract No. 18200-R
June 22, 2021 Item #3 Page 22 of 31
.,
STATION TO STATION*% OF T°OTAL LIN! CAPACITY AMOTTNT
·(Be.[" oi 20
�� f33
42 ,3� 6 7
J.(,H e. 717t.190 t 204
+nn+81. 43� 36.43+28.18+42.43
+ 57.43+93.29
+08.6S
20 + 81.43
33 +36.43
42 + 28.IA67 +42. 4 3 87 + 57.43 190 +93.29 104 + 08.65
209 + 56 .. 94
,;1,.;,.y" ,-: o-6 34.88 $ 48,625 (-p 31.71 14,280 9 - /7-.. 28.21 10,070
✓-� -;u:•2B.21 20,900 ;..o -;;,4 21.13 11,735 ,7.4 - I I 18.84 45,950
�( -�"'f. 17.6i S,630 ,1-5' $'" 17.65 21410Total $159,600
*Stations as shown on hereinafter mentioned plans.�*C�pacity is defined as the total amount of sewa�e conveyed by �ach
9ecti.on of the Encina Outfal�, flowinR full without su-r�h�rge or �Pilla�e.
��irl £ncina Outfall ia the outfall sewer line, aijown on those certsin
i:,lans entitled •"Plans for the Project-Sheets 1 throu1th 7 Inclusive" on
ftle in the off.ice of 'the Department of Public Works of the County of San
San Dic�o,-555S Overland Avenue, BuildinR 11 San Diego, �alifornia» a copy
J which has been furnished to C4rlsb•d.
Section J. TERMS OF LEASE
1.Buena shall lease to Carlsbad for a period comm�ncin� the
effective date of this a�reement and endin� on or before July 1, 1996, the
o�rcenta•es of capacity listed in Section 2 herein. said lease to be upon
the followi�i terms and conditiona:
(a) The total rental sum shall b� $159,600 of whieh $85 1 120
shall be paid oa or before th• date of this Aa-reement. The
remainin� sum shall be payable as follows.:. 14 e','lual annual,.
payments of $5,3_20 each, be1tinnin" July 1, 1982, and oay.able
each July 1 thereafter until fully paid.
(b)Options are hereby Jr'anted by Buena to Carlsbad to purchase
the capacitv which is the subiect of this lease. The,se
Ol)tions may be exercised provided lesee is not in• default
2
June 22, 2021 Item #3 Page 23 of 31
I
I
onf"
2.
of lease payments at the time lesaee exercises the option to
purchase. The option purchase price shall be the 9um of
Sl59,600 less the amount of rental already paid to l'luena under
the terms of this ARreement. Carlsbad may exercise the option· to purchase at any time by givin,t mnnth'a notice in writing, sent by r�«iatered or certified mail to Buena.
to the capac::ity shall vest -in Carlsbad upon delivery to 'Buena of paymer in the full amount of sai.d 11urchase price ta,tet�•'-''. wi-th c,.n.y rcnto•t' payffl,e-:·�t-. dt
• • � y ... �:•··
• ' ..... f �;-... ' � et .the time of the exei-ciae of aai.'d op-tloo•. _.• Utit·i•t ·suc:n:::.-c--tm·e 'a·s<�: O'a·r,:s:-tfilii�•. • I exercises its option, title �o the capacity which is the subject of· this
Apreement will remain in Ruena.
/I
J.Carlsbad shall not lose its ri�ht to e�ercise said option upontermination of the l�ase period, unless Carlsbad fails to exercise the aame
in ten (10) days after receipt of writ�en notice from R.uena to do so an� to make promot payment of any amount due or if no a.mount is due the11 one
dollar,
Carlsbad, at its sole expenle, sha 11 beresponsible for th� construction, installation, maintenertce, repair,
Section 4. CONNECTIONS:
replacement or reconstruction of any necessary trana�isaion facilities from the Carlsbarl Service Area to the Encina Outfall and for the connection of such transmission facilities to�ether with any necessary appurtenance� to the I E n-c i-n-a. 0 u-t:• £ a-11 •
·3
B-3
June 22, 2021 Item #3 Page 24 of 31
Section ."i. ENGINF.F.R'S APPROVAL! Th e l o c a t ion , i n 15 t a l l a t· i o n 1
nst.ruction1 repa_ir (except emer�e_ncy repairs) replacement and/or
construction of the connections to the Encina Outfall shall he accordin�
plans -and specif"ications first approved by Buena's engineer.
Section 6. LHHTATIONS ON TYPE "AND CONDITION OF SEWAGE:;: Al 1 sewaite
schar�ed hy Carlsbad into Encin� Outfall 8hall conform to the ordinancee,
solutions 1 �ules. and re�ulations which Buena must adopt in accordance
th A�reements of the F.ncina Joint Powers concernin� the condition of . wa�e and wa�te peimitted to be·discha�ged to the Joint Syste• or any �•�t
ereof.
Section 7. METERING: Carlsbad sh�ll provide a device �o meter the
ow of sewa�e in the Encina Outfall at a point-below any lateral
nnP.ction, but above the Ectcina SewaJ?e Treatment Facility·.: The meter will
\ installed and operated solely at Carlsbad's e�pense,
Section 8. ·INFILTRATION·: It is understood and agreed that there will
inflow of water into.th� Encina Outfall because of leaka�e between the
rlshad connection and the Encioa Treatment Plant. 8ue9a shall estimate
e total waters that infiltrate the Encina Outfall bet�een said connection
d treatment :plant (sometimes r•ferred to herein as "infiltration") and
portion the same amon� all of such users of the Encina Outfall in the
oportion that the amount of sewa�e discharg�d into the Encina Outfall by
ch s�ch -�i�r beiis t6 the total amount of sewape disch�rged into the
cina Outfall by all of such users of said Outfall. The amount of
filtration apportioned to each such user shall be deemed a part of the
wa�e of such user for all •purpoaea.
S-4
June 22, 2021 Item #3 Page 25 of 31
Section 9. MAINTENANCE CijARGE:
I·
I L.. nu ring such P,eriod as Carlsbad is authorized to use a portion of
I the capacity of the Encina Outfall, whether as lessee or owner of such
caoacit�, Carlsbad shall pay to Buena a share of the cost of the I.mnintenance and operation of;�he Encina Outfalli aaid_sha�i. 6·f-the cost to
h� in proportion to the avera�e flow of sewa�e discharged into the EncinaI ou�fall through Carlsbad's connections to said outfall as compared to the
total s9era�e flow of sew��e discharged into eaid Encina Outfall.
,2. Buena shall bill Carlsbad for its share of the cost from time to·
time, but at least annually, and Carlsbad shall )•av its share of the cost
RuP.na within thirtv (30) days after hein� sn hilled.
3.Buena shall keep accurate records of its cost of maintaininy andI oneratin� the Encina Outfall and such records shall be open to inspection
\ ,!arlsbad at all reasonable times. I Section 10, CHARGE AGAINST CAPACITY RIGHTS IM ENCINA TRF.AT�ENT PLANT
I ANO OCEAN OUTFALL: All,sewa�e dischar2ed into Che Y.ncina Outfall throu�h
Carlshad's connection, under the terms of this A�reement1and thereafter I rlischar�ed into the Encina Treatment Plant, and all_infiltration allocable
to Carlsbad as determined by Section 8 of this A�reement, shall he char�ed I a,ninst Carlsbad's capacity ri�hts in and to the F.ncina Treatment Plant
I anrl Ocean Outfall.
Sectio·n 11. REPAIRS: -The-Encina Outfall Sewe-r shall h,e main,tained -h-v I flnena in izood repair and worki\lg order in accordance with aound
I
env.ineerin� practices. It shall be the dutv of Buena to make repairs on
said �ncina Outfall reQuired to keep'such outfall sewer in �ood operatin�
1itinn. Rxcept as- provided in Section 12. the cost of all repairs shall.
of the maintenance costs of the F.ncina Outfall_
5
June 22, 2021 Item #3 Page 26 of 31
Section 12. �AJOR REPAIRS AND RECONSTRUCTION ANO REPLACEMENT:
,twithstandin� the provisions of Section 11 hereof, if it becomes
,i;essary for Buena .to undertake major ·repairs of said P.:ncina Outfall or
v portion thereof or to re-place or reeoostr1Jct .said Encina Outfall or
v por.tion thereof., th-e par,{i'es hereto. shall pay_ ·•1�1 costs· ,,f such major
pair. replacement or reconstruction in the same proportion •• the
�tie� own or leaae cap4city in the tacina Outfall or portion tbereof
paired, replaced or reconstructed.
Sectio·n 13. INTERRUPTION OF SERVICP.� In the event of an interruptioq
�eTvices to Carlsbad in the tncina Outfall, •! a result of disaster,
er4tion of State or Federal lav, discontinuance or intdrruption of
�vice to Buena by the Encina Treatment Plant or O�e•n Outfall, or any
·,er cause heyond the control of Buena, Buena sh:all•bear nc, liahility Anrt
ll he held harmlesG hy Carlsbad from anv claiMs end liabilities for any/
iu ry to or d am��e to any per9on or 1>ers ons or p rope rt:" or for the death
any person or persons ariain• fro� or out of such interruption of
�vice or for any other damages or costs incurred by Ruef• as a result of
:h intP.rruption of service.
6
B-6
June 22, 2021 Item #3 Page 27 of 31
--·
5e ct i-o n 14. ARBITRATION: Except as otherwise provided herein, all
controversies a�ising out of th� interpretation �r application of this I aereement or t�e refu,al o·f either party to perform the whol1! or any pa.rt
ther�of shall be settled by arbitration in accordance with the provisions
' 0 f th. i s s e· c ti o·n and wh e � e not · prov id� d· by th is . sec ti on , in · a c cord an c: e w i th
1 the statutory provisions
controversy sball be submitted to a board of t�ree.(3) arbitrators which
of the State of California then in force, The
I ��all he aprointed 1 one hy Buena, one by Carlsbad and the third by the
I
I
first two. The party desirin� arbitrat�on shall notify the other party by
a written notice statin� the fellowing: (1) th.at it desire• arbitration,
( 2)the controversy to be arbitrated, (3) that it h1111 appointed its
nominee, and (4) that it requests the other party to appint its nominee,
I t.rithin thlrty (30) days from the receipt of said noti"ce the other party
jtl appoint its nominee. Within fifteen (15) days after the last partv
I has appointed its nominee the two nominees shall appoint t�e thiTd, fllone
1 of th@. arhicrators shall. be a resioent of, or taxpayer in, or own r,ropert.:v
in, or have a place of business in. ox he e1rtploved in orlby, or have any I contra.ct with, or be an offic@r or e111plo�ee of,' either party. The
arbitratio� board shall hold at least one hearin� and, at least teo (10) I 1lr1vs he fore said hearin�. shall �ive each partv written notice thereof.
�The arhitration shall be restricted t� ����ers rela�ive to that stated in
the notice reouestin� aTbitraticn, The arbitration board shall have no
�a11thority to add to Ot' ·subt-ract. f-rom this agreement:. Each party shall be
�iven an opportunity to be heard a�d to present evidence. Upon concl�sion
lof thP hearin� or hearin�s the arbitr�tion hoard shall reduce
7
B-7
June 22, 2021 Item #3 Page 28 of 31
heir findin�s of fact. conclusions of law and ihe award to writin�. and
hall si�n the same and deliver one si�ned copy thereof to each public
jlency. Such award shall he final and bindin� upon both parties. A
ajority findin� shall �overn if the arbitrators' determination is not
n 11 n i m Ou g • .,. a Ch pa rt V ah_ a l r, p a y. i t 8 0 w n e X J) e n 8 ea .. in C: 1 ll d i0 J·� th e e X p en 8 e II
f the arbitrator which it nominates. The e�penses of the third arbitrator
net tlle administra.tive ,coats of the arbitration proceediriJU shall be
1ared equally •
. Any contrpvetsy which can he determined by an engineer's findings an�
,ich under this section could he submitted to tr!:iitration· ma,, if the
�rties thereto agree in writing to do so, be submitted to a named
naineer who shall be the sole arbitrator.
·Ruch en�ineer shall be � member of the Am�rican Socie�y of Civil
�ineers and shall be diaintereeted aa he�einbefore in thie section
!auired of arbitrators on an arbitration hoard. Re shall proceed in the
ame manner and shall �ake findings, conclusions and an award in the
�nner provided herein for an arbitration board.'
Section 15. NOTICE: Noticee required �r permitted under this
greement shall be sufficiently �iven if in writin� and if either served
gsonally u�on or mailed by registered or certified mail to the clerk o�
�cretary of the �overnin� body of the affected patty to this n�reement.
·section 16. LIABILITY: Nothing heretn··c�ntained shall operate·to
�lieve Carlsbad of anj liability for dama�es to p�rsons or property
risin� from or out of the installation, construction, operation,
aintenance, repair, replacement or·'re.construction of the aforesaid sewer
o�n�ctions and appurtenances or from anv �ction or inRction of Carlsbaqd
r of its officers, a�ents or employees in connection therewith.
8
R-8
June 22, 2021 Item #3 Page 29 of 31
And I operate
except as provided in Section 16 nothin� he�ein contained shalt
to relieve Huena o� any_ liability f9r dama�es to per�ons orIproperty arising from or out of the installation, construction, ope ra·t ion,
ll'Jaint.enance, repair, replacement and/or reconstruction of the aforesaidliHtwer.,connectiona .and appurte.nance.s -or frora an.y a:cti.on or inaction of
lluena or of it11 office-rs, agents or employees in connection therewith.
Section 17. INDEMNITY: To the extent it·may leially do
Carlsbad shall defend ant save and hold free ind harmless Buena and its
a ,zP. n-t s • officers and em�loyees from any_claiau1, liabilities. penalties or .·
Lfines for injury to or dama�e to any person or p�operty or for the death of
any person arising from ?r out of any act or omission of Carlsbad. its
a�P.nts. officers, employees or contractocs, arising from or out of any
ctefects in the installation� consr:ruction, operat:ion; maintenance, repair,
\r dcement or reconstruction of said sewer connections or appurtePances, I
Section 18.TI ME OF F.SSEN CE: Time is of the essence of this
areement.
If any section, subsec 1 ion, sentence,
cl�use, phrase or word of this agreement, or tKe application thereof, to
Section 19. SE VE RAB IL tTY:
any Party, or to any other person or circumstance is for any reason held
invalid. it shall be deemed severable and the validity or the re�aindcr of
th!! a,:reement or the application of such provision ·to the other parties or
Each
part� hereby declared that it would ha·ve entered into this agreement and
each section, subsection, sentence, clause. phrase and work thereof
ir-respecti11e of the fact that one or-'more sections, subsections,
�p- nces, clauses, phrases or words, or the a.pplication thereof to any
p�rtv or any other person or circumstance be held invalid,
q
B-9
June 22, 2021 Item #3 Page 30 of 31
Seccion 20. This agreement shall be binding upon the partiea
ereto and the successors and assigns of each pf them.
IN WITNESS WHEREOF, each party nereta has pursuant to resolution duly
tssed and-adopted by its respective �overning body caused this agreement
• • • .i. _. • ) be executed the dat� ftrs11�h�v� vr1tten. -�--
)
BUENA SANITATION DISTRICT
·'ay �/J.)'�-.
Ass'c.ci;rk �r� of D1.rectors
APPROVED BY THE DISTRICt IOARO OF DIIIECTO!tS
DEC 15 t981 '!F/_d,,.,-..., CITY-OF CARLSBAD
�/4[� CUIIK 06 TIii: DlmllCT IIIWI 0, Dlll&CJOlls B� £..£/ ,,<�✓
Mayor
'
;
• � I
10�
APPf:flVF.0 rs (0 I Ohl,\ l\fl;)LE GAU n
cou«TI comm.L
BY/j/,·
June 22, 2021 Item #3 Page 31 of 31