HomeMy WebLinkAboutCosta Real Municipal Water District; 1986-03-25;AGREEMENT FOR INSTALLATION, CONVEYANCE,
MAINTENANCE AND OPERATION OF IMPROVEMENTS
THIS AGREEMENT, made and entered into this 3^ T/l day of ^igftcK • 1986, by
and between the CITY OF CARLSBAD, CALIFORNIA (hereinafter called "Agency"), and the
COSTA REAL MUNICIPAL WATER DISTRICT, (hereinafter called "District").
WHEREAS, Agency is considering proceedings pursuant to the provisions of the "Munici-
pal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of
the State of California, for the construction and installation of certain improve-
ments, including utility improvements, within a special assessment district, and to
assess the costs and expenses of such improvements against properties benefiting from
said improvements, said special assessment district known and designated as
ASSESSMENT DISTRICT NO. 85-2
(SOUTH COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"); and,
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;
and,
WHEREAS, the improvements to be constructed under the Assessment District include the
installation of certain public improvements, together with utility improvements, all
as will be shown on the plans and specifications as set forth in the Engineer's
"Report", and the improvements proposed for this Assessment District which will be
under the ownership, management and control of District are herewith described as the
construction and installation of water improvements to serve and benefit properties
within the boundaries of ASSESSMENT DISTRICT NO. 85-2 (SOUTH COLLEGE BOULEVARD).
WHEREAS, Agency and District desire at this time to enter into this Agreement
pursuant to the provisions and authorization of Section 10110 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.
PROCEEDINGS
SECTION 2. Agency shall continue to conduct proceedings and install improvements
proposed for the above-referenced Assessment District, including those
facilities to be under the ownership, management and control of District,
and for a full and complete description of the works of improvement to be
under the control, management and ownership of District, reference is
hereby made to the plans and specifications, all of which will be incor-
porated in the Engineer's "Report" for the above-referenced Assessment
District.
PLANS AND SPECIFICATIONS
SECTION 3. District shall review and approve all plans, specifications and drawings
for the works of improvement, as well as provide administration and
inspection as necessary and required for the construction and installation
of the above-referenced utility improvements.
IMPROVEMENT FUND
SECTION 4. Upon the confirmation of an assessment to pay the costs and expenses of the
works of improvement and the ordering of the work, the Agency shall estab-
lish a special Improvement Fund, into which shall 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 the construction and installation of all
public facilities.
PAYMENT
SECTION 5. All payments required to be made by Agency for the Assessment District
shall be made solely and exclusively from the special Improvement Fund, and
Agency shall not be obligated to make any such payment from any other funds
or monies of said Agency. 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.
OWNERSHIP OF FACILITIES
SECTION 6. Upon completion of the installation of the facilities, District will own,
operate and maintain said improvement facilities, and will continue to
provide service to the property owners within the boundaries of the
Assessment District in accordance with all valid laws, regulations and
ordinances in force. Said facilities shall become part of the system of
District and shall thereafter be used, operated and maintained as part of
said system.
AUTHORIZATION
SECTION 7. 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 8. 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 funds are available
to carry out all 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
cancelled.
NOTICE
SECTION 9. Any notices authorized or required by this Agreement shall be deemed to
have been given when deposited in the United States mail, postage pre-
paid, address to the persons below listed:
TO AGENCY:CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
ATTENTION: CITY MANAGER
TO DISTRICT:COSTA REAL MUNICIPAL WATER DISTRICT
5950 EL CAMINO REAL
CARLSBAD, CA 92008
ATTENTION: GENERAL MANAGER
SECTION 10.
SPECIAL TERMS AND CONDITIONS
For any particular terms and conditions as they relate to this Assess-
ment District and these proceedings, reference is made to Exhibit "A"
attached hereto and incorporated herein. For particulars as to the
improvements proposed to be constructed and thereafter accepted by the
District, reference is made to Exhibit "B" attached hereto and incor-
porated herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first hereinabove written.
"AGENCY"
CITY OF CARLSBAD
£/ . \- <L«Z--<J2^l_-—
ATTEST:
"DISTRICT"
COSTA REAL MUNICIPAL WATER DISTRICT
By:
EXHIBIT A
SUPPLEMENTAL TERMS AND CONDITIONS
It is further agreed between Agency and District, under
the "Agreement for Installation, Conveyance, Maintenance and
Operation of Improvements" ("Agreement") of rho>v^JL 3S~ i
1986 that:
Section A-l. Pursuant to Sections 3, 4 and 5 of the Agreement,
Agency shall pay District for: (1) costs reasonably incurred
by District for furnishing, supplying, and/or approving all
plans and specifications, drawings, or other documents as neces-
sary and required for the construction and installation of
the referenced utility improvements; (2) the reasonable costs
of administering, supervising and inspecting such construction
and installation; (3) the costs of any relocations of District
facilities required by reason of the construction or installation
of the referenced utility improvements; (4) major facilities
charges based upon the estimated requirements of the area bene-
fited and the charges in effect at the time the assessment,
if any, is confirmed.
Section A-2. The Engineer's Report described in Section 2
of the Agreement shall contain estimates of the costs reasonably
anticipated pursuant to Section A-l hereof.
Section A-3. Agency shall notify District promptly of
the confirmation of assessments, letting of construction con-
tracts hereunder, issuance of any bonds for the improvements,
and abandonment of the proceedings. Upon the occurrence of
each of these events, Agency shall reimburse District for all
costs incurred hereunder prior to the date of notice, notwith-
standing any contrary provisions in the Agreement including
provisions for termination of the Agreement. In addition,
upon sale of the bonds, if any, the major facilities charges
shall be paid to District. The District shall also be reimbursed
for its costs under this Agreement within 30 days of billing
by the District for costs incurred after award of construction
contracts hereunder.
Section A-4. Agency agrees that no property owned by
District, or hereafter acquired for construction of water facili-
ties thereon shall be subject to any assessment by Assessment
District No. 85-2.
Section A-5. District shall have no obligation to accept,
operate or maintain any improvement facilities not constructed
in accordance with the plans, specifications, rules or regula-
tions of the District, or other laws or regulations applicable
to such facilities at the time of acceptance.
CtASS /SO AC* WAT&
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EXHIBIT ~8"
COLLEGE BLVD. ASSESSMENI
DISTRICT A/o.85-2
WATER S£#WC£
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EXHIBIT "B"
COLLEGE BLVD. ASSESSMENT
DISTRICT No.85~2
WATER MA/A/S t APPURTENANCES
HED.fONDA
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SITE LOCATION
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COLLEGE BOULEVARD ASSESSMENT DISTRICT
DATE: February 19. 1986 _
LOCATION: PALOMAR AIRPORT ROAD TO EL CAMINO REAL