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HomeMy WebLinkAbout2014-05-20; City Council; Resolution 2014-0831 2 RESOLUTION NO. 2014-083 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, TO APPROVE THE FIRST AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR OWNERSHIP, 5 OPERATION AND MAINTENANCE OF THE VISTA/CARLSBAD INTERCEPTOR SEWER BETWEEN THE CITY OF CARLSBAD AND CITY 6 OF VISTA WHEREAS, on June 11, 2013, the City of Vista and the City of Carlsbad entered into a 7 8 9 master agreement titled "Amended and Restated Agreement for Ownership, Operation and 10 Maintenance ofthe Vista/Carlsbad Interceptor Sewer"; and ^ ^ WHEREAS, The City of Vista has applied to the Clean Water State Revolving Fund (CWSRF) 12 Program administered by the State Water Resource Control Board (SWRCB) to fund their share of 13 sewer improvements to the Vista/Carlsbad Interceptor Sewer; and 14 WHEREAS, The CWSRF program requires Vista to execute a CWSRF Installment Sales 15 16 Agreement with SWRCB. The CWSRF Installment Sales Agreement requires that Operations and 17 Maintenance of the Vista/Carlsbad Interceptor Sewer continue in effect for the term of the CWSRF 18 Installment Sales Agreement; and 19 WHEREAS, the term of the current Master Agreement expires December 31, 2032; and 20 WHEREAS, the Parties desire to extend the Master Agreement until December 31, 2042; 21 22 3nd 23 WHEREAS, the City Council ofthe City of Carlsbad, California, has determined it necessary 24 and in the public interest for the City of Carlsbad to enter into a First Amendment to the Amended 25 and Restated Agreement for Ownership, Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer, between the City of Carlsbad and City of Vista; and 27 28 4 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 NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the Mayor of the City of Carlsbad is hereby authorized and directed to execute the First Amendment to the Amended and Restated Agreement for Ownership, Operation and Maintenance of the Vista/Carlsbad Interceptor Sewer. // // // // // // // // // // // // // // // // PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. NOES: None. ABSENT: None. MATT HALL, Mayor ATTEST: ,N'^BA^£jMGLESO