HomeMy WebLinkAbout1984-07-24; City Council; Resolution 7684*
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RESOLUTION NO, 7684
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA APPROVING A FIFTH SUPPLEMENT TO THE WATER SERVICE AGREEMENT BETWEEN THE CITY OF
CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT
PROVIDING FOR FUNDING OF WATER PROJECT
WHEREAS, the City of Carlsbad and Costa Real Municipal Water District
have reached an agreement regarding Supplement No. 5 to the Water Service
Agreement which provides for the construction of replacement water trans-
mission lines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad as follows:
1. The Fifth Supplement between the City of Carlsbad and Costa Real
Municipal Water District for the construction of water transmission lines
marked Exhibit A, attached hereto and made a part thereof 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/re@k?i?!@ting of the City Council
held on the 24th day of July 1984, by the following vote, to wit:
AYES: Council&Q&ers Casler, Lewis, Kulchin, Chick and Prescott
NOES: None
ABSENT: None
/I MARY H. PSLER, Mayor
ATTEST :
(SEAL)
SUPPLEMENT NO. 5 TO WATER SERVICE AGREEMENT BETWEEN CITY OF CARLSBAD AND COSTA REAL MUNICIPAL WATER DISTRICT IN REFERENCE TO APPOINTING COSTA REAL MUNICIPAL WATER DISTRICT TO ADMINISTER WATER TRANSMISSION FACILITIES CONSTRU€TION ON FUNDED CITY OF CARLSBAD WATER TRANSMISSION FACILITIES PROJECTS
This agreement made and entered into by and between CITY OF
CARLSBAD ("CITY") and COSTA REAL MUN,ICIPAL WATER DISTRICT ("DISTRICT").
Recital s :
1. CITY and DISTRICT have previously entered into a Water
Service Agreement, executed on May 25, 1983, providing for the alloca-
tion of functional responsibilities for the provision of water serv-
ice within the DISTRICT, said Agreement for convenience hereinafter
referred to as "AGREEMENT".
2. Section 9 of the AGREEMENT provides, in part, that "the
DISTRICT will be responsible for the planning, financing and construc-
tion of all major capital facilities necessary to provide potable water
service within the DISTRICT. I'
-1- EXHIBIT A
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3. At the time of the execution of the AGREEMENT, CITY had
planned some water projects within the City Service Area of DISTRICT,
wherein CITY served retail water and was responsible prior to the exe-
cution of the AGREEMENT for maintenance, repair and replacement of
water transmission facilities within the City Service Area.
4. A water project approved by the CITY, and included by the
CITY in the 1983-84 Capital Improvement Budget which was adopted by
the CITY is known as follows:
Project No. 82-55 - Replacement of Deteriorating pipeline on Pi0 Pico-Las Flores Avenue to Easement and Highland
Drive-Pine Avenue to Basswood Avenue,
hereinafter for convenience referred to as "the water project".
5. CITY is willing to turn over completion of the water pro-
ject and the funds necessary to complete said water project to
DISTRICT under certain terms and conditions.
6. DISTRICT is willing to accept the completion of said water
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project and the funds necessary to complete the water projects
under certain terms and conditions.
NOW, THEREFORE, in consideration of these recitals and the
mutual covenants contained herein, CITY and DISTRICT AGREE as follows:
1. CITY will deliver to DISTRICT all of the files, plans and
specifications on the water project in the possession of CITY.
2. DISTRICT accepts the responsibility to complete the plans
and specifications of the water project and to take all other necessary
steps for completion of the water project.
3. CITY shall deliver to DISTRICT the funds necessary to
complete the water project as follows:
Construction Costs Construction $1 36.697 Construction contingency 13,700 Subtotal Construction $ 150,397 Other Costs Engineering Design $ 6,000 Contract Administration & Construction Inspecti on 9,000 Right of Way Proceedings 2,500 Soils Engineering and Construction Surveying 2,000 Project Contingency Subtotal Other Costs 5,000
24 , 500
Total Project Costs $ 174,897
The funds shall be delivered to DISTRICT by the CITY, upon demand
of the DISTRICT.
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4. CITY shall have the right to review any final plans
and specifications and contract documents for bids on the con-
struction of the individual water project.
5. CITY shall have the right to review the financial records
in connection with the individual water project at any time.
6. This Agreement may be amended at any time by the mutual
agreement of the parties and such amendment shall become effective
only when reduced to writing and signed by the parties.
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This agreement is executed on the
1984.
day of Y
CITY OF CARLSBAD
BY MARY H. CASLER
Mayor
ATTEST:
ALETHA L. RAURENKRANZ
City Clerk
APPROVED AS TO FORM:
VINCENT F. BIONDO, JR.
City Attorney
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COSTA REAL MUNICIPAL WATER DISTRICT
BY
N. M. ALMACK
President
ATT%ST :
FRED W. MAERKLE
Secretary
. APP3OVED AS TO FORM:
PAUL S. SWIRSKY
General Legal Counsel
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