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HomeMy WebLinkAbout1998-10-06; City Council; Resolution 98-3210 0 1 RESOLUTION NO. 98-321 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 3 4 THE VALLECITOS WATER DISTRICT FOR THE INSTALLATION, CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH ACQUISITION AND MAINTENANCE OF A SEWER LINE, ASSESSMENT NO. 96-1, RANCHO CARRILLO. 5 WHEREAS, the City Council of the City of Carlsbad, California, on June 23, 1998, adopted Resolution No. 98-210 approving a Resolution of Intention to Order the Acquisition of Certain Improvements for Assessment District No. 96-1, Rancho Carrillo; and 6 7 8 WHEREAS, the developer is constructing sewer line facilities to be owned and operated 9 by the Vallecitos Water District; and 10 WI IEREAS, the sewer line facilities were included in the Acquisition Agreement approved 11 by the City Council; and 12 WI-IEREAS, the Installation, Acquisition and Maintenance Agreement with Vallecitos 13 Water Disl:rict will not take affect until after proceedings have been taken and funds are available pursuant lo the "Municipal Improvement Act of 1913". 14 11 NCIW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 15 I I California, as follows: 16 1. That the above recitations are true and correct. 2. That the Agreement for Installation, Acquisition, Conveyance, Maintenance and 17 l8 hereby authorized and directed to execute said agreement. 19 Operation of Improvements, a copy of which is attached, is hereby approved and the Mayor is 1 20 /It 22 111 21 tll 23 24 25 26 Ill Ill Ill Ill Ill 27 Ill 28 Ill l a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 0 0 3. Following the execution of the agreement, the City Clerk is further authorized and directed to forward originals of the agreement to the Engineering Department and to the Vallecitos Water District. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of October , 1998 by the following vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, and Hall NOES: None ATTEST: AL!&Ek$t?E (SEAL) 0 0 AGREEMENT FOR INSTALLATION, ACQUISITION, CONVEYANCE, MAINTENANCE AND OPERATION OF I"ENTS THZS AGREEMENT, made and entered into this 10th day of October 1998, by and between the CITY OF CARLSBAD (hereinafter calf "City "), the VALLECITOS WA%ER DISTRICT (hereinafter called "District"), and CONTINENTAL RANCH, INC. (hereinafter referred to as "Property Owner"). WHEREAS, City is considering proceedings pursuant to the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the acquisition of certain improvements, including certain sewer improvements, within a special assessment district, and to assess the costs and expenses of such improvements against properties benefitting from said improvements, said special assessment district known and designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter referred to as the "Assessment District"); WHEREAS, District is a public agency organized and existing under the laws of the State of California, and is authorized and obligated to provide service to the territory and property within the boundaries of the proposed Assessment District; WFEREAS, Property Owner is an owner of property within the boundaries of the proposed Assessment District, and said Property Owner is constructing and installing the facilities prior to sab of bonds for said Assessment District; WHEREAS, the improvements to be acquired under the Assessment District include the installation of public improvements, together with certain facilities that will be under the ownership, management and control of District and a general description of such "facilities" is as foliows: The relocation of sewer facilities as necessary for the construction of Melrose Drive beween Palomar Airport Road and its northerly termination within the Assessment District; WWEREAS, City, District and Property Owner desire at this time to enter into this Agreement pursuant to the provisions and authorization of Section 101 10 of the Streets and Highways Code of the State of California. NOW, THEREFORE, IT IS MUTUALLY AGREED between the parties as follows: RECITALS SECTION 1. That the above recitals are all true and correct. 1 0 e PROCEEDINGS SECTION 2. City shall continue to conduct proceedings for financing the acquisition of improvements proposed for the above-referend Assessment District, including those facilities to be under the ownership, management and control of District, and for a full and complete description of the facilities to be under the control, management and ownership of District, reference is hereby made to the plans and specifications as previously approved, all of which will be incorporated in the Engineer's "Report" for the ahve-referenced Assessment District. PLANS AND SPECIFICATIONS SECTION 3. District shall hrnish and supply, and/or approve, all plans, specifications and drawings, as well as provide administration, supervision and inspection as necessary and required for the construction and installation of the above referenced facilities. PROPERTY OWNER CONSTRUCTION SECTION 4. In order to expedite the prodigs and to initiate the construction of the facilities, Property Owner is constructing and installing said facilities. Upon a successfUI sale of bonds, the City shall then pay to Property Owner the costs and expenses of the facilities pursuant to the terms of that certain Acquisitioflinancing Agreement by and between Property Owner and City, which is on file and open to public inspection. IMPROVEMENT FUND SECTION 5. Upon the confirmation of an assessment to pay the costs and expenses of the works of improvement, the City shall establish a special Improvement Fund, into which shdl be deposited all payments made upon any assessment, as well as the proceeds from the sale of bonds. This Fund shall be used exclusively for the payment of the costs and expenses of the proceedings and to reimburse costs for the construction and installation of the sewer facilities. PAYMENT SECTION 6. All payments required to be made by City for the Assessment District shalt be made solely and exclusively from the special Improvement Fund, and City shall not be obligated to make any such payment from any other funds or monies of said City. This Agreement is subject to the power of the legislative body to abandon the proceedings at any time prior to the effective date of this Agreement. 2 e 0 OWNERSHIP OF FACILITIES SECTION 7. Upon completion of the installation of the facilities, District will own, operate and maintain said facilities. Said facilities shall become part of the system of District & shall thereafter be used, operated and maintained as part of said system. AUTHORIZATION SECTION 8. This Agreement is made pursuant to the authorization of Section 10110 of the Streets and Highways Code of the State of California, the "Municipal Improvement Act of 1913". EFFECTIVE DATE OF AGREEMENT SECTION 9. Pursuant to Section 10110 of the Streets and Highways Code, this Agreement shall become effective after proceedings have been taken and work ordered, pursuant to the "Municipal Improvement Act of 1913" and hnds are available to carry out alt of its terms. In the event the proceedings for the formation of the special Assessment District shall be abandoned, enjoined or held by a court of competent jurisdiction to be illegally or improperly conducted, or if for any reason the proceedings are not consummated, or if consummated and funds are not sufficient or available, then this Agreement shall be terminated and any Agreement between the parties shall be Canceled. SECTION 10. Property Owner, its successors and assigns agree to indemnify and hold harmless the City, the District, and their respective officers, officials, employees and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein caused by any willEul misconduct, or negligent act, or omission of the Property Owner, any contractor, any subcontractor, anyone directly or indirectly employed by any ofthem, or anyone for whose acts any of them may be liable. Property Owner, its successors and assigns also agree to indemnify and hold harmless the District, and their respective officers, officials, employees and voIunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of this Agreement. NOTICE SECTION 11. Any notices authorized or required by this Agreement shall be deemed to have been given when deposited in the United States mail, postage prepaid, addressed to the persons below listed: TO CITY: City of Carlsbad 1200 Carlsbad Village Drive CarIsbad, CA 92008 3 e 0 TO DISTRICT: ValIecitos Water District 201 ValIecitos De Or0 San Marcos, CA 92069 TO PROPERTY OWNER: Continental Ranch, Inc. 12636 High Bluff Drive, Suite 300 San Diego, CA 92130 IN Wl'lNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first hereinabove written. e VALLJXITOS WATER DISTRICT By: t William W. Rucker General Manager CONTINENTAL RANCH, INC. By: b4z &> ITS .' I/[& f%GS 4