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HomeMy WebLinkAbout1974-03-06; City Council; Resolution 33712( t 0 21 2: 22 24 2: 2€ 27 2E 29 3c 31 32 does RESOLUTION NO. 3371 A RES UTION OF THE CITY COUNCIL OF THE CITY MENT BETWEEN THE CITY OF CARLSBAD AND SOUTH SHORES DEVELOPMENT CORPORATION FOR REIMBURSE- MENT OF COSTS FOR CONSTRUCTION OF SEWER PIPE- LINE IN LA COSTA BOULEVARD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE- The City Council of the City of Carlsbad, California, hereby resolve as follows: 1. That that certain agreement between the City of Carlsbad and South Shores Development Corporation for reimbursement of costs for construction of sewer pipeline in La Costa Boulevard dated the 6th day of March , 1974, a copy of which is attached hereto and incorporated herein by reference is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on be- half of the City of Carlsbad. adjourned PASSED, APPROVED AND ADOPTED at mfegular meeting of the Zity Council of the City of Carlsbad, California, held on the 6th day Of March , 1974, by the following vote, to wit: AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee NOES: None STTEST : /-- (SEAL) AGREENENT FOR REIMBURSEMENT OF COSTS FOR CONSTRUCTION OF SEWER PIPZLINE IN LA COSTA BOULEVARD This agreement is made this 6th day of March I 1974, by and between the CITY OF CARLSBAD, a municipal corpora- tion, hereinafter called "City", and the SOUTH SHORES DEVELOP- MENT CORPORATION, a California corporation, hereinafter called "South Shores". RECITALS : WHEREAS, the SOUTH SHORES DEVELOPMENT CORPORATION owns"ana operates the Lanikai Lane Mobile Home Park located in the City of Carlsbad; and WHEREAS, South Shores wishes to connect to City's sewer system and make sewer service available to all tenants occupying .~ mobile homes in said park; and k7EEREAS, in order to secure the connection South Shores would have to bear the costs of a trunk fine from the park to the nearest City sewer main,and said costs are sub- stantial ; and WHEREAS, the Leucadia County Water District and Encinitas Sanitary District are in the process of constructing an 18-inch sewer pipeline in La Costa Boulevard from a point in the east right-of-way of the Atchison, Topeka and Santa Fe Railroad Company in the City of Carlsbad to a point approxi- mately 660 feet westerly of the easterly right-of-way line; and WHEREAS, it is possible €or Leucadia County Water District and Encinitas Sanitary District to redesign the pipe- line from the point on the east right-of-way to a point ap- proximately 275 feet west of the easterly right-of-way line so as to increase the size of the pipeline from 18 inches to 21 inches to provide additional capacity which could be made available to serve the area occupied by Lanikai Lane Mobile Home Park; and WHEREAS, Leucadia and Encinitas will only agree to the redesign of the pipeline and the construction of the larger pipeline pursuant to a contract with the City of Carlsbad; and .1 WHEREAS, City has no interest in and of itself in .said redesign or construction except as an accommodation to South Shores in order to assist South Shores to secure sewer service for Lanikai at the lowest possible cost to them; and WHEREAS, the cost to redesign and construct the larger pipeline, including engineering and all incidental expenses, is estimated to be $5,500.00 which is substantially less than the cost of constructing the trunk line which would otherwise have to be borne by South Shores; and WHEREAS, South Shores has reviewed and approved the contract prepared by Leucadia and Encinitas and is desirous of having City execute said contract with the Leucadia County Water District and Encinitas Sanitary District to accomplish the construction on behalf of South Shores; and 2. WHEREAS, South Shores is willing to pay any and all costs in connection therewith; and WHEREAS, City is amenable to said arrangement provided it involves no liability or cost to City, NOW, TEEREFORE, it is agreed between the parties as follows: 1. City shall execute a contract with Leucadia County Water District and Encinitas Sanitary District for construc- tion of the oversized line as described above. 2. Prior to execution of said contract South Shores will deposit with City the sum of $5,500.00 to be held by City and paid to Encinitas Sanitary District and Leucadia 4 County Water District as payment for the redesign and over- sizing of the pipeline pursuant to said contract. 3. South Shores agrees to pay any additional charges which may he necessary for engineering changes and/or change orders and/or unexpected conditions necessary to accomplish said construction in accord with said contract. 4. South Shores agrees to deposit such additional sums as are required upon receipt of written demand therefor by City. 5. South Shores recognizes that City in entering into said contract with Leucadia and Encinitas is doing so on behalf of South Shores and agrees to hold City harmless from any liabilities in regard thereto. 6. City agrees to use its best efforts to secure a 3. sewer reimbursement agreement in favor of South Shores in the event other individuals in the area of Lanikai desire to utilize the oversized line in order to secure sewer service for themselves. Details regarding the timing, benefited areas and reimbursement formula shall be settled pursuant to a future agreement between City and South Shores. IN WITNESS WHEREOF the parties hereto have executed this agreement on the date first above written. CITY OF CARLSBAD, a Municipal Corporation .. . M. Dunne, Mayor SOUTH SHOfiES DEVELOPMENT B STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ) ss. /4 On this 35 day of -, 1974, before me, a Notary Public in and for the State, p'ersonally appeared David M. Dunne, known to me to be Mayor of the City of Carlsbad, California, and known to me to be the person who executed the within instrument on behalf of said municipal corporation, and acknowledged to me that such City of Carls- bad, California, executed the same. WITNESS my hand and official seal. STATE OF' CALIFORNIA ) COUNTY OF 3&S I3ZEGQ ) Lo; Ayles ) ss. On the 9Y'' day of .,-v , 1974, before me, the undersigned Notary Pubkic in and for said State, person- ally appeared 3acK G. /i L b,; j-2 to be the j;)z-<si~~<~P , and ~~~, known to ~~,' me of the corporation that executed the " t- , known to me to be the S'~C.,-~~~~~' 03u -r-r-.t ?- within instrurrent, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or a resolution of its board G€ directors. WITNESS my hand and official seal. @?.JXJ&- Notary Public 5.