HomeMy WebLinkAbout1981-10-26; City Council; Resolution 67011
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RESOLUTION NO. 6701
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
MENT FOR THE OPERATION AND MAINTENANCE OF AN OCEAN FAILSAFE TREATED EFFLUENT OUTFALL PIPELINE
OF CARLSBAD, CALIFORNIA, APPROVING AN AGREE-
WHEREAS the San Marcos County Water District and certain property
owners within the City of Carlsbad have entered into a memorandum of
understanding to provide for the enlargement of a treated effluent dis-
posal line, and;
WHEREAS the memorandum of understanding provides for the transfer of
ownership of capacity rights in the treated effluent disposal line from
the property owners to the City of Carlsbad, and;
WHEREAS a condition precedent to the transfer of capacity rights is
an agreement between Carlsbad and San Marcos for the operations and main-
tenance of said treated effluent disposal line, and;
WHEREAS the operations and maintenance agreement for the treated
effluent disposal line is necessary to determine the respected agencies
capacity rights within said treated effluent disposal line and for the
distribution of operations and maintenance costs for the line;
NOW THEREFORE BE IT RESOLVED that the City Council of the City of
Carlsbad approves the operations and maintenance agreement identified
as Exhibit A and attached hereto and made a part hereof and authorizes
the Mayor of the City of Carlsbad to sign said agreement on behalf of the
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held the 26th day of October ,
1981, by the following vote, to wit:
AYES: Comcil Menhers Packard, Casler, hear, Lewis and Kulchin
NOES: Nme
ABSENT: None
4 RONALD C. PACKARD, Mayor
ATTEST :
(SEAL )
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TELEPHONE:
e e .-- P. '
1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 (71 4) 438-5535
Office of fhe City Clerk
November 2, 1981 .-
Mr. James F. McKay General Manager San Marcos County Water District
San Marcos, CA 92069
The Carlsbad City Council, at its meeting of October
agreement for the operation and maintenance of an ocean failsafe treated effluent outfall pipeline.
. 788 San Marcos Boulevard
26, 1981, adopted Resolution No. 6701, approving an ..
Per your letter, dated September 29, 1981, enclosed are three executed copies of the Agreement between San Marcos County Water District, Buena Sanitation District and the City of Carlsbad.
As soon as they have been fully executed, please - return one to this office.
Thank you for your assistance in this matter.
City Clerk
ALR: krs
Enclosures
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.' DISTRICT AND THE CITY OF CARLSBAD AGREEMENT FOR THE . OPERATION AND MA1 NTENANCE OF AM OCEAN FA1 LSAFE
t 1 .. . . THIS AGREEMENT is made and entered into by and between the
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'> i .' SAN MARCOS COUNTY WATER DISTRICT (SAN MARCOS), the BUENA SANITATION DISTRICT
(BUENA) and the CITY OF CARLSBAD (CARLSBAD) , collectively referred to as
PARTIES . \.
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.. RECITALS --------
THIS AGREEMENT between the PARTIES is entered into' in view of . .
.. the fol1 owing facts and purposes.
. 1. SAN MARCOS is a public entity organized and functioning pur- s-
suant to the COUNTY WATER DISTRICT LAW, California Water Code 30000 et seq,;
BUENA is a.pub1ic entity organized and functioning pursua'nt to the COUNTY
SAMITATION DISTRICT ACT, Health and Safety Code 4700 et seq,; CARLSBAD is a
General Law City, Government Code 341 02, organized an$ functioning pursuant to
the provisions of the California Constitution, Article XI '2 (a) and Government
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Code 36500 et seq, . . I. .
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2. The SAN MARCOS COUNTY IJATER DISTRICT, pursuant to an agreement
dated March 3, 1980 (Basic Agreement) .. with DAON' CORPORATION, a Delaware Corpora-
tioh, authorized to do business in California (DAON), is having an ocean outfall.
'fail-safe pipel ine sewer constructed from SAN MARCOS MEADOHLARK treatment plant
' to the coast to transport treated sewage into the Encina Ocean Outfall, by-passing
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I the Encina Treatment Plant; the contemplated
forth in Exhibit "A" to this agreement which ,is made a part hereof,
-* 3. Pursuant to the Basic Agreement, DAOM and SAN MARCOS agreed ... .. .. to permit an enlargement of portions of the pipeline, the cost To be borne il 1 . by the PARTIES requesting the enlargement.
4, SAN MARCOS has entered into a MEMORANDUM OF UNDERSTANDING
?**- wiih a number of owners of real property,' collectively referred to as
"DEVEiOPERS", dated June 16, 1980, .(MEE!ORANDUM) whereby developers have re- '.
.. 7 queited and agreed to pay for the enlargement of portions "of the pipeline.
.. . 5, The enlarged sections of the pipeline are desi&ated to .. ..
handle treated sewage generated'in lands served by BUENA and CARLSBAD and .-
- . .'to be treated in plants operated and dt3ned by BUENA and CARLSBAD. The point
*of connection of the treated sewage transmission 1 ines of. BUENA and CARLSBAD
* at the proposed point of joining with the SAN MARCOS outfall is depicted on
€xhi bi t "A". :. .z ' . -,
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* 6. The MEMORANDUM provides for the assignment by developers of
,_ .- their ownership of the right. to use the 'capacity of the enlarged pipeline to m ...
.. : 4 . - BUENA and CARLSBAD. *. .. .
7, BUENA wishes to accept the assignment of capacity in the pipe- , '.
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line to serve both a separate project of DAON 'known as Shadowridge, located
wi:h-it? the BUENA service area' and the BUENA service area in general.
arrangements between BUENA and DAON-Shadowridge for such assignment are matters
of. separate agreement .to be.reached between DAON and BUENA and are not a part
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The ..
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* . of this Operation and Maintenance Agreement.
8. CARLSBRD wishes to accept the assignment of capacity in the
pipe1 ine to serve proposed developments known as Roll, Calavera, and others ;
the arrangements between CARLSBAD and the participating developers for such
assignment are matters of separate agreement between developers *and CARLSBAD
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.' .;p .. - ..and are not a part of this Operation and Maintenance Agreement. .r
* 9. SAN MARCOS, BUENA and CARLSBAD are entering into this Agreement.
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r' in order 'to delineate their respective rights and duties with respect to joint
ownership of capacity in the cnlarg2d portions of the pipeline i. which are to.
serve the respective parties and the operation and maintenance of those portions
. of the pipeTine which are subject to said ownership, when construction is com-
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. pleted and the assignment by developers.to BUENA and CARLSBAD is complete and .-
c .- .. . . IT Is, THEREFORE, AGREED BY AND BEWEEN -. THE PARTIES, SUBJECT TO THE
-_ ... 'MUTUAL COVENANTS AN5 CONDITIONS AS SET FORTH HEREIN, AS FOLLOGIS: <"
IO. GENERAL PROVISIONS I.
.. '10.3 SAN MARCOS shall be the lead agency and shall be resbonsible ' - .. ..
' for supervision of tie construction of the pipeline as enlarged and for the opera-
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The percentage of capacity owned by each party in the
. tion and maintenance of the pipeline after construction. ..
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. project is. set forth inthis section. The final capacity will be determined by
.. . ' applying*the percentages of this secti
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on to the pipeline as finally construc ted.
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! .. . CARLSBAD . r ~,
BUENA .- . .c
$AN MARCOS
San 'Marcos Reach 100% -0-% .' -0-%. .*
. Buena Peach 503 * 50% . r -0-% *?
67.4% \ Carlsbad Reach 16.3% i6.3~ ..
Capacity is defined as the maximum instantaneous flow rate in millions of
.. . ... . b . r' gallons . per day. ..
.. 11 CONSTRUCTION
11.1 DAON is responsible for construction of the outfall as 8. ... .'
*.. enlarged pursuant to the Basic Agreement and the .MEMORANDUM.
.. .. -. .. . . 11.2 -SAN MARCOS shall administer the construction contract,
.. . DAON shall notify SAN MARCOS of the total amount and basis for each progress
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.. -*. payment.
- . 17.3 Change orders in or amendments to €he approved plans
and specifications and change orders or extra items - ... , will be authorized by con- 0
. current action of DAON and SAN MARCOS. .. .. .. .~ . .. .3. . *' . :
L 11.4 SAN MARCOS shall monitor' the construction.of the project
to insure compliance by the contractor with the approved plans and specifications
or approved changes or amendments to the approved plans and specifications. -'
. ,. 5 11.5 Under the basic agreement DAON, with the assistance 4 of
SAN MARCOS, shall take any and all steps necessary to acquire easements of rights
*. Of way for the project; in the event eminent domain proceedings I are necessary,'
then SAN MARCOS shall take any necessary legal proceedifigs; all PARTIES agree to
adopt any necessary resolutions connected with said leegal proceedings; the cost ..
of all such legal proceedings shall be part of the construction cost..
r ! 12. ROUTINE MAINTENAGCE AND OPERATION OF THE PROJECT
12.1 On coniplction of the project, SAN MARCOS shall own the
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12.2 This when executed by SAN MARC0 a d CARLSBAD, shall
be effective as to CARLSBAD, upon acceptance by CARLSBAD.of the assignment of -_ . q
ip. '3
.. -2 capacity right in the enlarged pipeline from Kgil, Calavera, and others. CARLSBAD . . =
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I '5 '< :r shall provide to 'SAN MARCOS a copy of the executed assignment. This agreement
when executed by SAN MARCOS and BUENA, shall be effective as to BUENA upon -.
acceptance by BUENA of the assignment of capacity rights in the enlarged pipeline
from Daon-Shhdowridge. ,. .. BUENA shall provide to SAN MARCOS a copy of the executed .
assignment.
'BUENA,and CARLSBAD in proportion to their respectiLe capacity rigkts on a reach
Costs of maintenance and. operation shall be shared between SAN MARCOS,
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by reach basis and as specified in Section 10.2 hereof. -<
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. 12.3 Costs of expendables for all PARTIES, such as, but not limited to,
power, chemicals, etc.., will be borne and paid by each of the PARTIES in a ratio
of their flow to the total flow of water transported through the project for each
of the PARTIES for the preceding calendar year;
L. until 'such time as a preceding -- .. ' calendar year ;'s available, the period of time shall be the cumulative preceding
months of operation.
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Costs of expendables benefitting less than all PARTIES shall
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. - be borne by the PARTY or PARTIES concerned. 3.:
12.4 SAN MARCOS shall bill BUENA and CARLSBAD periodically (but not less -. .
. .- than annually) for that PARTY'S share of such costs and maintenance; 5UENA and
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CARLSBAD shall pay such. statement within sixtyy'(60) days after receipt of the. billing. .
. . . 12.5 SAN MARCOS shall keep and maintain proper books of account and ..
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records in which complete and current entries shall be made of all transactions,
including all receipts and disbursements, relating to the administration, maintcn-
ance, operation and repair of the project; BUENA and CARLSBAD shall have the right,
at reasonable times, from time to time, during regular business hours to inspect
all sucfi books and r'ecords io verify any statement rendered by SAN HARCOS to BUENA
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or JARLSBAD for charges payable by those PARTIES to SAN PIlARCOS. SAN MARCOS shall
utiitze the "Uniform Accounting Program" of the- State Cont&llcr's office for
this purposc, *,
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*, .. '. C .' :, 1.2.6 BUENA *e consent to'the common use of i)l NA'S right of way,
fr attached hereto and made a part hereof as Exhibit "B", is conditioned on payment
of special costs to BUENA for maintaining BUENA'S existing pipeline due to the
close proximity of the joint use .. pipeline until July 7, 2000. This cost, if
incurred, shall .be allocated as a maintenance and operation expense based on the
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percentage of ownership of capacity on a reach by reach basis in the affected
area * - .. ..
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percentage of ownership of capacity on a reach by reach basis in the affected
area - * .. ..
12.7 It is acknowledged and'agreed by the PARTIES that it is t*
difficul't to establish in advance a detailed plan .for .accounting and allocation .' .
:. oi operation and maintenance costs. Kaintenance and operating costs shall mean
the necessary costs of maintaining .. and operating the outfall based on generally
accepted accounting principles, including, but not limited to, expenses necessary
td maintain and preserve the outfall in good repair and working order, as well .
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aS insurance, taxes, administration, and any costs attributable to its maintenance
.. .r; . and operation. .I
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.. ' .13, *REPAIRS OR REPLACEMENT . :. .I
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13.1 Except in cases of emergency repairs, prior to making any - -
repairs to any part of the pipeline in which BUENA or CARLSBAD have capacity
- : .. rights which are estimated to cost in excess of-Ten'Thousand Dollars, SAN MARCOS
. . ': . shall obtain prior approval of BUENA and CARLSBAD for any such expenditures. .
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I 13.2 The expenses of repaiq shall be charged to each PARTY on tpe 1 basjs of percentage of capacity in the reach involved and shall be substanfiaeed
. by customary accounting procedures and shall be paid by BUENA and CARLSBAD within
' sixty (60) clays after bill'ing; provided, however, such costs benefitting less
than all PARTIES shall be borne by the PARTY or PARTIES concerned. ..
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I 13.3 The cost of replacing any portion of the pipeline shall *. t.
' be allocated on the basis of the percentages of capacity as set forth herein 'EB
' for the-respective reach of the outfali being replaced. ..
.I t . 13.4 SAN MARCOS shall undertake any necessary repairs or- ..I I
replacement at the earliest possible date.
* ,. 14. METERS ..
,. 14.1 SAN I.IARCOS, BUENA and CARLSBAD shall maintain meters to .. 4'
. measure the flow of their treated effluent into the pipeline. Any PARTY removing
tfeated effluent from the pipeline shall maintain meters to measure the amount of
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.* . effluent being removed. 7 - -i t 14.2 Each PARTY shall bear the full cost of the water meter . *. .. -. .
and appurtenances installed for the use of that PARTY in measuring the amount of
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' .-water discharged into or removed from the pipeline.. .,
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2 -. . 15. SPECIAL PROVISIONS
15.1 In the event that the Ca1i.fornia Regional Water Quality
. Control'Board, San Diego Region, its successor, or any other Agency having . *--
.jurisdiction over the operation, maintenance and use of the outfall other than .
the PARTIES' requires that additional facil ties be constructed as a condition of.
.. -- . .. ... pipeline use or that the pipeline be modified, the costs thereof shall 'be 'borne
' . by the PARTIES on the basis of percentage of capacity for the particular reach .. b
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for which the expense is required to be 'incurred.
' 15.2 No structural change.or modification of the outfall lying
outside the boundary of 3P.N NARCOS shatf occur without first obtaining the
written consent of all of the parties to this agreement involved in that joint .
. use. Said consent shall not be unreasonably withheld.
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16. TECHMI CAL REQUX REMENTS
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.. . ' : .' 16.1 The PARTIES shall norially maintain a quality of effluent . .-I
that complies with'standards established in the National Pollution Discharge
Elimination Systen (NPDES) Permit of Encina or the provisions thereof as amended
from time to time by the California Regional Water Quality Control Board, San
Diego Region, on behalf of the State of California and the Environmental Protec-
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"' . 4 tion Agency. The PARTIES further agree that they will not deliver to the pipeline
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%* * / any paterial or substance which directly or indirectly or .in combination with .-
other material or substance delivered to the pipeline by others to this Agreement .. -. . . .- .. which would prevent Encina from complying with said perm'it.
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16.2 The PARTIES may mutually agree to maintain a quality of
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effluent that complies with standards for reuse of said effluent as defined by
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Title 22 California Administration Code 60001 ,. et seq. as amended from time to .*
* time, provided the modified standard of quality of effluent complies with the
.. .. effective discharge permit for the Encina Outfal'i'. ..
16.3 . During the period of temporary connection to the ..
Leucadia-Carlsbad 'by-pass of the Encina Treatment Plant, the PARTIES shall CO-
operate to insure that the lnaximun hydraulic head at !hat point is less than
13.0 psi.'
16.4 Each PARTY agrees to exert its best efforts on a con-
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tinuing basis to enforc? regulations prohibiting the dischsrge of toxic materials
to Eficina. Each PARTY agrees to enforce rules and regulations relative to the
. ..discharge of sewage and waste water to the pipeline to insure that anything .
introduced into the pipeline is consistant with the' Encina NPDES discharge permit. .
16.5 Any PARTY failing to comply with the provisions of
Section 16 shall pay any costs directly or indirectly resulting therefrom, -.
,... . ~ *#* Snctuding, the cost and establishing such did occur as well .
.. as any fines, penal ties, engineering, accounting, administrative and legal costs, - %
as well as any resulting increased operating,'. maintenance and replacement or c
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..' repair costs that are incurred.
, .I .- ... .17. OWNERSHIP, USE -liND SALE OF RECLAIMED WATER *_
-- 17.1 BUENA, CARLSBAD and SAN MARCOS, individually, shall be
' solesand exclusive owner of the treated effluent which they discharge into the
pipeline and shall be the sole judge of the manner of distribution or sale of
the treated effluent owned, respectively, by each of the parties within the
territory of such PARTY; no other PARTY shall have any right, title or interest
or claim with respect to any other PARTY'S use or disposition of the treated
effluent which is owned by that individual party within the territory of such
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.. .. 17.2. Each PARTY now or may in the future reuse or' reclaim its
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i sewage and wastewater. Neither execution of this Agreement nor use of the SAN
MARCOS outfall. shall be construed as a dedication of any sewage, wastewater- or
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resulting effluent or reclaimed water for public use. Ownership of such sewage,
wastewater or resulting effluent or reclaimed water shall remain in its proper
_: * 'quantity as to the PARTY delivering or causing such to be delivered to SAN MARCOS
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outfall until it is discharged from the Ocean O.utfall.,
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. _-. . .. .. - 18. ZI4DEMNITY OF BUENA AND CARLSBAD .- -_
Y .. 18.1 SAN I4ARCOS shall indemnify; assume the defense of, and .,
hold free and harmless, BUENA and CARLSBAD, their office&, directors, agents and
employees from any and all obligations, liabilities, liey, claims, demands,
losses,
limited to, attorney's fees and all litigatibn costs arising out of SAN MARCOS'
.
damages and expenses, of whatever type or nature, including, but not.
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'* . e .. .. e -. .' .. .. ' operation or maintenance of the pipeline or any other act or omission to act
f by SAN MARCOS, its agents, servants, employees, invitees, or independent .
. , contractors relating to' the operation *and maintenance of the pipeline. '1 .. , .. .. 78.2 Notwithstanding the foregoing, the indemnity agreement
created by this Paragraph 18 shall not indemnify .. BUENA or CARLSBAD, their
firectors, agents dr employees against any liability arising from the negligence 8 .' or willful misconduct of BUENA or CARLSBAD, their officers, directors, agents,
. empl ' oq'ees .' . or i ndependent contractors. . (r .*
.. .. 19. . SAN MARCOS TO t4AIFlTAIN INSURANCE
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19.1 SAN MARCOS shall maintain in force during the full period ..
'. of this agreement a full comprehensive public liability and property damage
insurance policy insuring against any and all' claims for injuries or death of
dersons or damage to property occurring in, upon, or..about the *property Subject
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.. *to this agreement. ..
.. _. , _: 19.2 The insurance contract shall have limits of not less than
, $f,000,000.b0 single-limit coverage, BUENA and CARLSBAD, their officers, directors,
. agents and employees, shall be listed as additional insureds, and it shall pravide
.. - '- for 'at least forty-five (45)'days notice of. canceilation or modification of
. coverage or limits. Said insurance shall be indluded as an operating and main-
tenance expense as provided in Section 12.7. . ,
20. . NOTICES .. ..
'. 20.1 Notices which any PARTY is required to give or desires to
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, give hereunder may be served upon another PARTY by personally delivering a copy
' * thereof; or by mailing any
postage prepaid, addressed ..
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such notice by
as follows:
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ccrti fi ed
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mail, return receipt requested, ..
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I SAN MARCOS COUNTY WATER DISTRICT 788 W. San Marcos Boulevard
San Marcos, California 92069 . -. BUENA SANITATION DISTRICT
.County of San Diego
San Di ego, Cal i forni a
CITY OF CARLSBAD
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c/o Department of Sanitation & Flood. Control (0384) -_
- County Operations Center ._ .' 5555 Overland Avenue ..
.. .. 921 23
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-. 1200 Elm Avenue
-. . I Carlsbad, California 92008
20.2 Any PARTY may from time to time designate a different a.
. ':address for notice by notifying the other PARTIES; any notice mailed by regular
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mail shall be'deemed received by the PARTY to whom such notice is addressed
Porty-eight (48) hours after ;he mailing thereof; any- notice mailed by certified
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... . mail, return receipt requested, shall be deemed receivead by the PARTY to whom
c . such'notice is addressed on the date of the return receipt. -.
21 . MODIFICATION **
This Agreemeht may not beealtered in whole or in part except
. . -.by modification in writing, executed by all PARTXES to this agreement. '
22. ATTORNEY'S FEES c ..
c * 22.1 In the event any arbitration procecdings, administra!ive
proceed.ing or litigation in law or in equity, including an action for declaratory
reli$f, is brought to enforce or interpret the provisions or performance of this
agreeinent, the prevailing PARTY shall be entitled to the award of a reasonable
attorney's fee and the costs of the proceeding, which sh'all' be determined by the
Court or €he presiding officer having authority to make this determination.
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.. 22;2 If any PARTY to this agreement becones a party to any _. litigation, administrative proceeding or arbi.tration concerning the enforcement
or interpretation of the provisions of this Agreement 6r ,the performance of this
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Agreement by reason of any act o_r omission of another party or Buthorized repre-
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sentatives of another party to this Agreement and not by any act or omission of L
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the party thdt becomes a party to that proceeding or any act'or omission of its .i
-*authorized representatives, the party that causes another party to become involved
in the proceeding shall be liable to that party for reasonable Attorney's.fees
t le and 'costs of the proceeding incurred by that party in the proceeding. The award
. of reasonable attorney's fees and costs shall be determined as provided above.
22.3 In the event opposing. PARTIES have each prevailed on one
. or more causes of action actually contested or admitted by pleadings or pre- .
" . hearing.documents on file, the presiding officer shall mate an award of attorney's
, fees and costs, but the presiding officer may prorate such fees and costs between
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. . prcvailr'ng parties based on the necessity of the proceeding and the importance
of the issue upon which each party has prevailed. .
._ .. .* . 23. . ENTIRE AGREEhENT
-- : -- . . . This Agreement, together with the exhibits hereto, contains all
representations and 'the entire ,understanding between the PARTIES with respect to
the subject matter of this Agreement. Any prior correspondence, memoranda or
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.. .. agreements are replaced in total by this Agreement and exhibits hereto.
. . 24. NO NERGER
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.a ; The.obligations herein contained shall not merge with transfer
! of title but shall reixain in effect until fulfilled. -\ e.
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. .* *25. ASSaENT
No party to this Agreement shall be entitled to assign all or I
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any portion of their rights or obligations contained in this AgreemeRt without
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obtaining the prior written consent of the other PARTIES, .. --
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I-. 26. BINDIN EFFECT ..
. This Agreement shall jnwre to the benefit of and be binding
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, upon partjes hereto and their respective successors, heirs, and assigns.
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.. 27. APPLICABLE LAW
. This Agreement and any disputes relating to this Agreement .( . ..
shall be construed under the laws of the State of Califonia, a% -3 .- 6 .. 28, UNENFORCEABLE PROVISIONS . %.
28.1 The terms, conditions, and covenants of this Agreement . . should be construed, wherever possible-, -consistent with applicab'ie laws. and .. .
.- regulations.
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28.2 To the extent that any provision of the Agreement violates '
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any applicable law or regulation, the remaining provisions shall nevertheless be
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carried into 'full force and effect and remain enforceable,
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-29. ARRXTRATION OF DISPUTES ... .. 29.1 Any controver'sy or claim between the parties to this .. ..
Agreement including, but not limited to, any claims, disputes, demands, differences,
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. controversies, or misunderstandings arising under, out of, or in relation to this
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... . Agreement, or any alleged breach of this Agreement, shall be submitted to and .^ .
determined' by arbitration in accordance with the California Arbitration provisions
. contained in Civil Procedure 1280 et seq., as amended from time to time. .-
5 29.2 The arbitrator or arbitrators shall determine the rights . I
of the PARTIES in accordan'ce with the law and the award shall be subject 'to review
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*4 -4 .as to the arbitrator's application of the law by any court having. jurisdiction -..
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.i of the matter, whether or not any mistake of the law shall appear upon the face '
., . 3; 'of the award. As to all question - of fact, however, the determination of the *.a ..$ <
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?. arbitrator or arbitrators shall be binding upon all PARTIES and shall be deemed
final and conclusive. Each PARTY shall be entitled to written findings of faci a :.
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and conclusions of law as io all issues determined by the award. Subject to the
above limitations, the award granted by the arbitrator shall be binding upon all
PARTIfS to the arbitration and judgement upon the award rendered by the arbitrator
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.. - .or arbitrators may be entered in any court having jurisdiction over the matter. .. .. -i -0
, '+ . -, * 30. *VENUE. - For the purpose of litigation or arbitration, venue shall
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'.s .lie in the North County Judicial District, County of San Diego, State of Cafif- .. 1 .- ornia, or, if such venue cannot be exercised, in the Federal or State Court
nearest to the North County Judicial District, County of San Diego. i $4
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.- 31. TERM This Agreement is executed and is to be performed in the .a __.
North County Judicial District, County of San Diego, State of California, and
consists of 7 22 pages (including exhibits),-and shall continue in effect until - **
terminated by mutual agreement of the PARTIES. . -.
__ . IN WITNESS WHEREOF the respective PARTIES have caused this instrument ..
to be executed by their respective officials and'to be sealed by the offici-a1
: . * seal pursuant to motions duly adoptgd by the Board of Directors of each PARTY.
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. Signature 'page to Agament titled "San'Marcos wer District, Buena ' .
Sanitation District and the City of Carlsbad Agreement for the Operation 1 . t and Maintenance of an Ocean Failsafe Tfeated Effluent Outfall Pipeline.
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(SEAL)
DATED : , .SAN MARCOS COUNTY WATER DISTRICT
By:
"' Approved as to form: Margaret E, Ferguson, President
.. .f . By: c *'
Vernon A. Peltzer, District Counsel James F. McKay, Secretary
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(SEAL)
DATED : - BUENA SANITATION DISTRICT
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... :-e- ... .. , >. i ... .... ._ . -. .. .the following easement documits: . .. ...,,.. .- .. ..
... ... ..... ... ......... .. . .... .. ... .. , . -- .% a:; *::: .: ... .. -* : ,.>--* ..
. Fiie/?age No, 126660 recorded July 14; 1964 and' by Super& Co&'.'Case '285258
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. .: . .. -. - . . recorded as File/Paye No', 212228 on November 20, 1964; FilefPage.ko, 126851 ............. .* ..
--.- ,. recorded . July 14, 2964 . and : by' .Superior 1 Court.. Case' .288258:;.rec&ded as'' . ,., .. -. .
........ .File/Page No. 672 .. on. January 4; 1965; .. Fik/Page No, . 28063 recorded' : . *
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.. .... .. a. '. .. .. - .- f -. February 16 1965 'and Superior Court Case 286258' recorded as Fiiejpige !lo, . * . .. .. : .. .. -. .. .. * :.
27924 recorded February 16, 1365; File Page/flo, 1288 recdrded January 5, -1965 ... .. .. ....... and Fife/Page No- 17135 recorded September 21, 1965; all in the official *i .- ...... .. .. ...... ..
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.. . ' records of San Diego County.
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..a end * ..
' Ithereas, San Blarcos has acqitired certain 'lands for reclaimed se'wage pur-
poses in. the .vicinity of San I4arcos, County of Ssn Diego, near Palomar Air-
port' Road, hereinafter 'referred 'to as ?&n folarcos R/\J,'* and .
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.. tlhereas, the San f*?wcos r-ig'nt: of way occupies a portion of .BvEtna's ease-
. mznt and is subject to said easement which said portion is hereinafter re-
ferred to as #'area of cclmon use," and is described as follows: a portion of
t;he existing easement from station 10+50 to station 1474-33.79. . . .
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?(ow, Therefore, Buena dd San Marcos, hereby mutually agree as fo7lows:'
tenance or use by San Marcos of a reclaimed swage failsafe line, over, along .
and upon Buena's easement in the area of common use upon' and subject 'to the
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!. 2. San Warcos acknowledges Euena's title Eo Buena's easement in said .
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. :* area of comon use and the priority OS ~uena's title over the title of San ** . .. e. - .+
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. -+ *a* Marcos therein.
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Buena has and' reserves the right and easement"t0 use, '.in
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corirnon dith San fh-cos's use of said failsafe line, said area of comon use . ' * .. 'a . for all of t'ne purposes for which 8uena's easement was acquired, without need . . . .. .
'r .:9 .. (:. *'for my further permit or permission, frorn San ijarcos. Except in emergencies, . ' 'i
: .. c .. 1 -4. Buena shall give reasonable notice to San' Marcos befork performing any work
I on Euerra's facilities in said aria of comon use.'
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' 3. a) TV Inspection of Existing Buena Outfall
expense, a TV inspection of the sewer will be made
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Sewzr. At Ssn Marcos
prior to .the ,start of
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construction, along the length of sewer that placement. of the proposed
.pipeline will occur, to establish the existing condition 'of said sewer. Upon,
cozpletjon of construction, a second TV' inspection will be madc to cfetdrminc:
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Shorrld the second inspection reveal any damage to outfall sewer, San Marcos
will be responsible for th? reoairs necessary €0 restore the sewer to its
previcusly existing condition.
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b. Excess Cost of Future Mainteqnce to Outfall SeLlrer, San Marcos .
ag-recs to reimburse &na for excess 'costs, both direct and indirect, for . .
excavation, shoring, or bracing incurred during maintenance or repair. work to
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the Buena' outfall sewer, 2s a result of the presence 'bf the failsafe .
.pipeline. The term of this excess cost reinbursement agreement shall b2 20
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.e others due to construction of 'the San .Marcos failsafe 'line; damages inciude
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such rearrangernst shall require the relocation of any'of Buena's facilities '
otitsidn, of said area of corrimon use, Sag. 14artos will (1.) enter into a standard
'icm of joint use agreenent cover-ing th? new locatio; of Buen'h's easement .'
within the San Marcos right of 'way, (2) 'provide exiuted document(s) granting
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.-- . to Buena a good and sufficient easezent &side of the San Marc~~ right of ,
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* my if necessary to replace Buena's easement or any part thereof, and (3)
rejmburse Buena fur any costs jt may k required to expend to acquire such
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easerdnt, provjded it is rcutuafly agr2ed in writing thzt Suena shall acquire . e.
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5.. Except as expressly set forth' herein; .this agreement shall not .in -:
any way alter, modify or terminate my provision of Buena's easement. 'Both.
Sm Marcos and Buena shall use said. area of common use in such a manner- as .
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.- : . not 'to inerfere unreasonably with the .rights of the other, Nothing herein ..
-.. . contained shal'l be construed as a release or' waiver of any claim for . .
coinpensation or damages which Buena or San 'Marcos may nov have or may
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.-- hereafter acquire resulting from the construction 'of additional facilities or
-the- alteration of existing facilities by either San i4arcos or Bkna in such a
ma" as to cause an unreasonab?e interference with .the use of said area of
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.. cor" use by the otber party. *. : . .. .. . . 0. *. . . . ... i. *. 6. THIS AGREEPIEFIT shall inurt? to thc? benefit of and be binding upon the
successors and assigns of both parties. .a
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Ill \WIIESS MIEREOF, the parties hereto have caused this agreement to !E
executed in duplicate by their respective officials thereunto duly
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' 0 author i zed. . .' si