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HomeMy WebLinkAbout1980-11-18; City Council; Resolution 637227 28 RESOLUTION NO. 6372 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS COUNTY WATER DISTRICT FOR THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE ENCINITAS SANITARY DISTRICT AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT AND DISPOSAL OF SEWAGE AND WASTEWATER, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT. The City Council of the City of Carlsbad, California, does hereby resolve as follows: 1. That that certain Agreement between the City of Carlsbad and the San Marcos County Water District for the assignment of the agreement between the Encinitas Sanitary District and the City of Carlsbad for interim treatment and disposal of sewage and wastewater, a copy of which is attached hereto marked Exhibit A and made a part hereof, is hereby approved. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute said agreement for and on behalf of the City of Carlsbad. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the -day of Nnvp,,-,hpp , 1980 by the following vote, to wit: AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin NOES: None ABSENT: None ATTEST : ~ (SEAL) EXHIBIT A TO CITY COUNCIL RESOLUTION NO. 6372 0 AGREEMENT BETWEEN THE CITY OF CARLSBAD AND THE SAN MARCOS COUNTY WATER DISTRICT FOR THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE ENCINITAS SANITARY DISTRICT AND THE CITY OF CARLSBAD FOR INTERIM TREATMENT AND DISPOSAL OF SEWAGE AND WASTEWATER THIS AGREEMENT is made and entered into to be effective January 1, 1981, by and between the SAN MARCOS COUNTY WATER DISTRICT ("San Marcos") and the CITY RECITALS OF CARLSBAD ("Carlsbad") . 1, Encinitas and Carlsbad have entered into an agreement for the interim treatment and disposal of sewage and wastewater ("the Agreement"), a copy of which is attached hereto and made a part hereof. 2. Carlsbad has not utilized the leased capacity provided by the Agreement and is not in a position to do so prior to the September 30, 1982 expiration date when the capacity must be returned to Encinitas, 3. San Marcos has a need for additional wastewater treat- ment capacity and wishes to acquire all of Carlsbad's rights and assume all of Carlsbadps obligations under the agreement, NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the parties agree as follows: 1. Carlsbad hereby assigns to San Marcos all of Carlsbad's rights under the Agreement, 2. San Marcos agrees to assume all of Carlsbad's obli- c gations to Encinitas under the Agreement, including but not limited to: A. The obligation to to commence with the payment due B. The obligation to to Encinitas. make the quarterly payment January 1, 1981; and return the leased capacity IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. ATTEST : City Clerk H SAN MARCOS COUNTY WATER DISTRICT President Secretary CITY OF CARLSBAD The Encinitas Sanitary District consents to the assignment of Carlsbad's rights and obligations under the Agreement to San Marcos e ENCINITAS SANITARY DISTRICT President VI~CENT 9'. BV i I ~ - -- ----. City Attorney .. yhis Agreement is made and entered into ts be effective October 1, 1977, by and between / the ENCINITAS SAEITARY DISTRICT a sanitary district, and the CITY OF CARLSI3AD ("Carlsbad"), a municipal corporation. 1. * RECXTALS: Enchitas has wastewater treatment capacity in the Encir,a b'later Pollution Contxof Fzcifity ("Encina") . A portion of this t.rastewater treatme?t capacity 2s temporarily available for lease sooner terminated as set forth below in Paragraph (2.). - .. 2,: Encha 2s presently in the process of enlarging its wiistc- wat.er treatment facility. It is conteinpfated -by the paxties to- this Agreement that said enlargement will be completed within 2. sixty (60) months. &?? 3 3. - Carlsbad acknowledges thdt the future ceeds of Encinitas will weqllire that the wastewater treatment capacity leased herein be returned 'to Encinitas no later than September 30, 1982, the event Carlsbad does not return said wastewater treatmellt capacity as 1:erei.n requj-red, then Carlsbad ajrees to provide ,075 BIGD (75,000 In .. . gsflons) of alternate wastewa-ter treatment processes, as providcd . by law, solely at the cost of Carlsbad, 4. _--- Caxlsbad agrees to pay all costs for transpcxtation, txeittnicnt and disposal of was tewatcrs which are incurrc+i because of leased capacity rights granted in this Acjxccment . -1- i ;a- * t 0 t- NO:~ THEREFORE, in consideration of the rmtual covenants and co2ditLons fierein contained, the parties agree as follo;>Ts: (1) Encipitas hereby leases to Carlsbad, and Cazlsbad hereby ?_eases from ~ncinitas, a portim of Enchitas * s surplus wastewater txeatraent capacity in Encina of -075 KD (75,000 gallons per day) / fl for the period from October 1, 3.977 to September 30, 1982, except that tflis lease shall automatically terminate upan the completion of the current enlargement program now taking place at Encha knawn as Phase IXI, if said program is conpleted before September 30, 1982, ._ (2) Carlsbad agrees t~ pay Encinitas Sixteen Thousand Two Hundred Fifty ($16,250.00) Dollars per year for said leased czpacity xights.;The zmorznt due shall be paid quarterly, in advance, commencing - .. with a Four Thuuaand Sixty 3Vo and 50/l00 ($4,062.50) Dollar pa$tc:lt .. 3 October 1, 1977. . . (3) Any notice or payment to be given here-mder may be given by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: Enchitas Sanitary District P, 0. Box 99 1200 Eln Street Enchitas, CA 92024 Carlsbad, CA 92008 It? WITNESS F.?HF:REOF Ci"ty .of Carlsbad the parties hereto have executecl tllis AyrL-eeiiieiiC the day and year first hereinabove written - C3