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HomeMy WebLinkAbout1981-09-22; City Council; Resolution 6680RESOLUTION NO. 6680 A RESOLUTION OF TFE CITY COUNCIL OF THE CITY OF CWRLSBBD AUTHORIZING EXECUTION BY VISTA SANITATION DISTRICT OF AN AGREEMEXT WITH THE SAJY DIEGO GAS AND ELECTRIC COWIF" ON BEHALF OF T)3E ENCINA JOINT POWERS WHEREAS, the Vista Sanitation District, City of Carlsbad, Leucadia County Water District, San Marcos County Water District, Buena Sanitation District and Encinitas Sanitary District, are parties to a Joint powers agreement (ii~~~~~ AGREEMERT~~), which provides for the ownership, operation and maintenance of a joint sewer system commonly known as tRe ENCINA WATER POLLUTION CONTROL FACILITY, (EWCF); and WHEREAS, pursuant to an agreement of all members of the Joint Powers, the Vista Sanitation District is the Administrator of the Phase I11 unpgrading and enlargement of said EWPCF presently in progress; and WHEREAS, as part of said Phase I11 upgrading and enlargement it is necessary for the Joint Powers to enter into an agreement with the San Diego Gas G Electric Company for the installation of a gas line extension, as well as for service to the EWCF; and WEREAS, the Vista Sanitation District is tRe proper entity to execute such agreement on behalf of the Encina Joint Powers; and WHEREAS, it is necessary that each member of the Encina Joint Powers provide specific authorization to Vista Sanitation District to enter into the aforesaid agreement; and WEREAS, a copy of said agreement is attached hereto and incorporated herein by reference; and WHEREAS, execution of said agreement is for the best interest of this City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CWFPLSBWD as follows: 1. That the City of Carlsbad hereby authorizes the Vista Sanitation District to execute the agreement with the San Diego Gas & Electric Compay, a copy of which is attached to this Resolution and incorporated herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Coun- cil on the 2- day of -er , 1981, by the following vote, to wit: AYES : NOES: None Council Mers Packard, CAsler, hear, Lewis and Kulchin ABSENT: None ATTEST : - City Clerk 1 -2- .. . -* 0 Submitted to Applicant By: KIRK P. FINK AGREENXNT FOR GAS EXTENSION To AND WITHIN NEW SUBDIVISIONS OR DEXELOPbENTS This Agreement is made and entered into, by lnnd between Sh DIEGO GpS & ELECTRIC COMPANY, a corporation, hereinafter called "Utility", and Encina Joint Powers , hereinafter called "Applicant". Whereas, Applicant requests Utility to furnish Gas Service to the premises known as Encina Water Pollution Control Facility located at 6200 Avenida Encina, Carlsbad, CA 92008 , therefore, In consideration of the mutual promises herein, the parties agree as follows: 1. Utility shall construct, own, operate, and maintain a gas extension, more particularly delineated upon the map attached hereto. 2. Applicant shall advance cash in the sum of $ 97 ,000 for the extension hereunder, as computed in Appendix A, receipt of which is hereby acknowledged by utility. Utility agrees to refund any refundable advanced made fn accordance with its Extension Rules in effect as of the date of this Agreement, 3. If within 60 days after the effective date of the Contract Documents the Applicant has not started to perform the work required by the Contract Documents, the Contract Documents shall terminate and become void, In that event, Utility shall return the above cash advance and all of Utility's obligations under the Contract Documents shall cease. Once Applicant has started to perform the work required by the Contract Documents, Applicant agrees to exercise reasonable diligence in pursuing such work to completion within one yeas after the effective date of the Contract Documents. 4. If such work has not been completed within 106- 18 140C 11 Qc. tc 5. 6. 7. 8. 106-1814OC 11-2 6-7 5 * one year after the effective date of the Contract Documents, Utility shall have the right, upon giving written notice to Applicant, to cancel and terminate the Contract Documents. If Utility elects to cancel and terminate the Contract Documents, Utility shall return to Applicant an amount equal to the above cash advance minus Utility's costs. "Utility's cost" is defined as the actual cost (including but not limited to labor, materials and overhead) incurred by Utility prior to such cancellation and termination in connection with work done in furtherance of Applicant's project, plus the actual cost of removing any of the Utility installed facilities which Utility desires to salvage, minus the salvage value of such facilities. costs exceed the above cash advance, Applicant agrees to pay Utility EL sum equal to the amounL by which the Utility's costs exceed the advance. right to cancel and terminate and upon payment to Appli- cant, all of Utility's obligations under the Contract Document 8 shall cease. In the event Utility's Upon exercise of its Applicant shall, upon Utility's request, execute Utility's standard form easements for the conslruction, service, presence, maintenance or inspection of Utility's facilities as may be required hereunder. No refund payment will be made by Utility in excess of the refundable amount advmced by Applicant, nor after a period of ten years from the date the Utility is first ready to render service from the extension, amount remaining at the end of the ten-year period will become the property of the Utility. Any unrefunded This Agreement may be assigned by Applicant only upon the assignee's written acceptance of said assignment, and the prior approval of Utility as evidenced by witten endorse- ment thereon; however, such approval shall not constitute a release of Applicant's obligation hereunder unless expressly so provided in said endorsement. Utility may refuse to accept an assignment of this Agreement unless ,executed on a forin furnished and approved by Utility. Applicant ahall be governed by Utility's applicable Rates and Rules on file with the California Public Utilities Commission, which Rates and Rules are made a part hereof by reference, and a copy of which will be furnished to Applicmt an request. This Agreement shall at, all times be subject to such changes or modifications as said Commission may, from time to the, direct in the exercise of its Jurisdiction. 2 of 3 -* 0 9. If Applicant is a corporation, partnership, joint venture or a group of individuals, the subscriber hereto repre- sents that he has the authority to bind said corporation, partners, joint venture OF individuals, as the case may be. The Contract Documents shall become effective only u;pon the date signed by the authorized representative of Utility . 10. ' IN WITHESS WHEREOF, the parties hereto have caused this Agreement to be executed for and on behalf of each, by their duly authorized agents, partners, or corporate officers. APPLICANT: SAN DIEGQ GAS & EXECTRIC COMPANY, a corporation rry BY Authorized Signature-Utllity Address: Date: June 15, 1981 Date : 106-1814OC ,, -,- -IC 3 of 3 '* 0 APPENDIX A I. Data Pertaining to This Installation ~~~li$~ Encina Joint Powers Date of Agreement Order No. Date Utility Ready to Render Service Summer Ig8* 1, Total Estimated Cost Advanced for This Installation $97,000 11. Record of Advances for This Installation Refundable Amount Per cen E Name Address Advanced of Total Total $ x 1x1. Record of Refunds Made Under This Agreement Date Lot Refunds Set No. Address Added Individual Total Date Balance - -_I_ $ -- - ___. -- - .$- _I_- II_ us___ .. 1 \