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HomeMy WebLinkAbout1975-05-06; City Council; Resolution 36391 2 3 4 5 6 7 E s 1c 13 1; 1; Id 11 1( 1' 1; 1' 21 2 2 2 2 2 2 2 2 2 RESOLUTION NO. 3639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE COUNTY OF SAN DIEGO RELATING TO SEWER SERVICE AT THE PALOMAR AIRPORT AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT The City Council of the City of Carlsbad, California, does iereby resolve as follows: 1. That that certain agreement between the City of Carlsbad md the County of San Diego relating to sewer service at the lalomar Airport, a copy of which is attached hereto as Exhibit A md incorporated herein by reference, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorize and directed to execute said agreement for and on behalf of the Zity of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 6th day of May , 1975, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and Councilwoman Casler NOES : None ABSENT: None ATTEST : ROBERT C. FRAZEE, Mayo@ 1'. . ' .' AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF CARLSBAD lU3LATING TO SEWER SEXVICE AT THE PALOMAR AIRPORT .. This Agreement, made and entered into this 6th day of May ~ , 19 - 75, by and between the County of San Diego, a political subdivision of the State of California (hereinafter S0l"timeS referred to as "County") and the City of Car-sbad, a municipal corporation (hereinafter sometimes referred to as "Carlsbad), w I T N E S S E T €3: WHEREAS, Carlsbad and the Vista Sanitation District entered into an agreement for the construction and ownership of a Joint Sewer System including a'treatment plant and ocean. outfall, said agreement being .. entitled "Basic Agreement Between Vista Sanitation District and the City of Carlsbad for the Acquisition and Construction of a Joint Sewer System", dated July 13, 1961, and bearing County of San Diego Contract No. 1858-21293; and WHEREAS, that "Basic Agreement" ha5 been amended and supplemented by several agreements including the agreement entitled "Second Supple- ment to Basic Agreement Between Vista Sanitation District and the City * of Carlsbad for the Acquisition and Construction of the Joint Sewer System", dated January 6, 1964, by which the Buena Sanitation District (hereinafter sometimes referred to as "Buena") became a party to said "Basic Agreement", said "Basic Agreement" as so amended and supplemented being hereinafter sometimes referred to as "Basic Agreementw; and \ WHEREAS, pursuant to Section 6 of the Second SuppZement to the "Basic Agreement, Buena was auchorized TD construct, reconstruct, maintain, repair and opexate a transmission system known as the Buena Sewer, which 'was desigfiated "Encinas Outfall Sewer" on Exhibit .. E to the "Basic Agreement"; and WHERE-!S, pursuant to Section 6 of the Second Supplement to the "Basic Agreement", Buena agreed to sell to Carlsbad capacity in the "Encinas Outfall Sewer" to facilitate service to the populations in "Area 'A'" and "Area 'B'" in the Carlsbad Service Area; as shown on said Exhibit E; and WHEREAS, in accordance with the terms and provisions of said Section 6, Buena leased to Carlsbad, with option to purchase, capacity in said Encinas Outfall Sewer, under the terms and conditions set out in the agreement entitled "Agreement Between the Buena Sanitation 'District and City of Car.lsbad for the Lease by CarLsbad of Capacity in the Encinas Outfall of the Buena Sanitation District", dated July .. 20, 1966,-and bearing County of San Diego Contract No. 3405-2103-R; and WHEREAS, the Palomar Airport, owned and operated by County, is within the Carlsbad Service Area and is included within the area served by the Encinas Outfall Sewer; and WEREAS, County, through operations on the Palomar Airport property, has made use of the aforementioned sewer system and the trunk sewer, treatment plant and ocean outfall since December. 13, 1966 without making any payment therefor; and WHEREAS, Carlsbad has iAdicated that County 'should pay Carlsbad for County's past and future use of the sewer system, and the County desires to make payment to Carlsbad for such use in order to settle or compromise any and all past, present or future claims which Carlsbad may have against the County for such use. -2- 3014 TIEREFORE, the parties hereto agrce as follows: Section 1. Provision of Sewer Service. I Carisbad agrees to provide Colclnty Seiqti?r service for Paloinar Airpcrt cnder the terns and - conditions set out below. Section 2. -- Past Use. In order to settle or compromise any claims which Carlsbad may have now or in the future against the County €or County’s past list3 of the sewer system, County shall pay Carlsbad within 30 days of the effective date of this Agreement the sum of $695.00 for the following uses: ’ a. January 1, 1967 to December 31, 1968: $53.00 (based on ’a flow ‘of 1,720 ga.llons per day) or. two years *at 87,500 cubic feet per year at $.03 per 100 cubic feet. b. January 1, 1969 to June 30, 1971: $162.00 (based on a flow of 4,400 gallons per day) or two and one-half years at 216,000 cubic feet per year at $.03 per 100 cubic feet. c. July 1, 1971 to June 30, 1975: $480.00 (based on a flow of 4,100 gallons per day) or 4 years at 200,000 cubic feet per year at $.06 per 100 cubic feet .) Section 3. Sewer Connection Charge- County sha.11 pay to - Carlsbad within 30 days of the effective date of this Agreement, a one-time sewer connection charge in the amount of $1,000,00 for County’s use of the trunk sewer, the treatment plant and the ocean outfall. on the airport site as of the date this agreement is approved by the Carlsbad City Council shall be considered as having paid the \ Upon payment of this fee, all equivalent units existing sewer connection fee required by the City of Carlsbad. All equiva- . -3- lent units constructed or added on the airport site afcer the date this agreement is approved shall be required to obtain a sewer connection permit from the City and pay all fees which may be required by current City ordinafice. Section 4'. Annual Sewer Service Charge, County shall pay to Carlsbad 'an annual sewer service charge to be calculated as follows: For the year ending December 31, 1975, the rate shall be $.OS per 100 cubic feet and thereafter, on or before December 1 of the year prior to the calendar year for which the sewer system is ta be used by County, Carlsbad shall advise Coimty of the rate to be charged. Said rate shall in. no event be grea,ter than that to be charged by Carlsbad to other commercial and industrial users, not within the City limits, during that year. each'year, determine .. from the records of the Carlsbad Municipal .." Water Distri.ct, the amount of water usage by each user on the Palomar Airport'property and shall so advise Carlsbad not later than February 1 of the following year. the sewer service charge due and shall submit to County a statement County shall, after December 31 of Carlsbad shall calculate of that amount due. County shall remit to within 60 days of receipt of the statement Section 5. Maintenance and Repairs. responsible for any additional payment for tenance to the sewer system. c Carlsbad the amount due from Carlsbad. County shall not be any repairs or for main- -4- Section 7. Termination. Either party may terminate this Agreement upon ninety (90) days' written notice to the other party; provided, however, either party may terminate this Agreement at any time if the other party fails to meet or fulfill its obligations or violate any of the covenants, agreem-ents, or skipulations as set forth in this Agreement. In the event of termination by either party, County's liability hereunder will be limited to the pro rata share of the annual amount due for the sewer service used prior to the effective date of termination. Section 8. Administration of - Agreement, The Public Works Administrator,.?ounty of San 'Diego, or his designated representative 'shall represent County in all matters pertaining to this Agreement and shall administer this Agreement on behalf of County. The City .. Manager, or nis designated representative, shall 'represent--Carlsbad in all matters pertaining to this Agreement and shall administer this Agreement on behalf of Carlsbad. Section 9. Notices. All notices frbm one party to the othex under this Agreement shall be mailed to the following addresses: a. To County in care of Public Works Administrator, County of San Diego, at County Operations Center,-5555 Overland Avenue, San Diego, California 92123. b. To Carlsbad in care of City Manager, City of Carlsbad, at City hall, 1200 Elm Avenue, Carlsbad, .. California 92008, Section 10. Inspection ,- of Records- . Garlsbad shall maintain accurate books and accounting records relative to this Agreement, Such books and/or records shall be open at.any reasonable time for inspection and/or copying by' the Public Works Administrator of the -5- County of San Dieyo, the Auditor of the County cf San Diego or their designated representative. Section 11. Indemnification. . . a. County, its agents, officers and employees, shall not be held liable for any claims, liabilities, penalties, fines or for damage tu any goods, properties or effects of any person whatsoever, nor for personal injuries to or death of them, or any of them, caused by or resulting from any negligent acts or omissions of Carlsbad, or its agents, employees, or representa- tives, not including liability by reason of acts or omission caused by .County, its agents or employees. Carlsbad further .agrees to indemnify, and save free and harmless County and its authorized agents, officnrs and employees against any of the foregoing liabilities, not including liability by reason of acts or omissions caused by County, its agents or empfoyees, and any cost and expenses incurred by County on account of any claim ... therefor: b. Carlsbad, its agents, officers, and employees, shall. not be held liable for any claims, liabilities, penalties, fines or fo; any damages to persons or property caused by'or resulting from any negligent acts or omissions or' County, its agents, = employees, or representatives. County agrees to indemnify and save free and harmless Carlsbad and its authorized agents, officers or employees against an; and all the foregoing liabilities and any costs incurred on account.of any claim therefor. Section 12. Modification, This Agreement may be modified at ' any time by mutual written consent of.the parties. In the event of annexation of the airport site to the City of Carfsbad, Section 4 of this Agreement shall be deemed to be modified -6- , ^I , , . to provide for a rate established on the same basis as for other commercial and industrial users within the City limits, Section 13. Integrated Document. This document fully expresses all understandings of the parties concerning the matters covered "Ie'rein. No addition to or alteration'of the terms of this Agreement and no verbal understanding of the parties, and.officers, agents or em21oyees shall be valid unless made in the form of a written amendment to this Agreement and duly approved and executed by the parties' authorized representatives. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the date first above written. JUN 1 0 1975 . -7 Approved as to form: * City Attorney City of Carlsbad \ COUNTYAF SAN .DIEGO . Clerk bf tho Board or" SunervTsors CITY OF CPF$LSBAD .