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HomeMy WebLinkAboutCosta Real Municipal Water District; 1988-07-08;1 0 , *. e AGREEMENT FOR INSTALLATION, ACQUISITION, CONVEYANCE, MAINTENANCE AND OPERATION OF IMPROVEMENTS 4p-i t: THIS AGELEEMENT, made and entered into this 1% day of and betxeen CITY OF CARLSBAD CALIFORNIA (hereinafter calle REAL WmICIPAL WATER DISTRICT (hereinafter referred to as "District"). WHEREZZS, Agency is considering proceedings pursuant to the provisions of the pal Improvement Act of 1913", being Division 12 of the Streets and Highways the Sate of California, for the construction and installation of certain . ments, including utility improvements, within a special assessment district, assess the costs and expenses of such improvements against properties bel from said improvements, said special assessment district known and design ASSESSKEHT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred tc "Assessrsent District") ; and, WHEREAS, District is a public agency, organized and existing under the laws State of California, and is authorized and obligated to provide service territory and property within the boundaries of the proposed Assessment D and , WHEREZiS, the improvements to be constructed under the Assessment District the installation of certain public improvements, together with utility impro. all as vi11 be shown on the plans and specifications as set forth in the Enc "Report", and the improvements proposed for this Assessment District which under tke ownership, management and control of District are herewith desci the construction of certain water improvements to serve and benefit prc within the boundaries of ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD). WHEREZZS, Agency and District desire at this time to enter into this AI pursuant to the provisions and authorization of Section 10110 of the StrE Highways Code of the State of California. NOW, THEX3FORE, 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 for financ construction of improvements proposed for the above-referenced ment District, including those facilities to be under the ow management and control of District, and for a full and complete tion of the works of improvement to be under the control, ma and ownership of District, reference is hereby made to the p: specifications, all of which will be incorporated in the En "Report" for the above-referenced Assessment District. . 0 0 PLANS AND SPECIFICATIONS SECTION 3. District shall furnish and supply, and/or approve, all plans, SpE tions and drawings, as well as provide administration, supervis inspection as necessary and required for the construction and ir tion of the above referenced improvements, IMPROVEMENT FUND SECTION 4. Upon the confirmation of an assessment to pay the costs and exy: the works of improvement, the Agency shall establish a special ment Fund, into which shall be deposited all payments made 1 assessment, as well as the proceeds from the sale of bonds. T shall be used exclusively for the payment of the costs and exp the proceedings and to reimburse costs for the the construc installation of all public facilities. PAYMENT SECTION 5. All payments required to be made by Agency for the Assessment L shall be made solely and exclusively from the special Improvemen and Agency shall not be obligated to make any such payment f other funds or monies of said Agency. This Agreement is subject power of the legislative body to abandon the proceedings at a prior to the effective date of this Agreement. OWNERSHIP OF FACILITIES SECTION 6. Upon completion of the installation of the facilities, Distri own, operate and maintain said improvement facilities, a continue to provide service to the property owners witk boundaries of the Assessment District in accordance with al laws , regulations and ordinances in force. Said facilitie become part of the system of District and shall thereafter b operated and maintained as part of said system. AUTHORIZATION SECTION 7. This Agreement is made pursuant to the authorization of Sectio of the Streets and Highways Code of the State of California, thc cipal Improvement Act of 1913". EFFECTIVE DATE OF AGREEMENT SECTION 8. Pursuant to Section 10110 of the Streets and Highways Code, this ment shall become effective after proceedings have been taken a ordered, pursuant to the "Municipal Improvement Act of 1913" ar are available to carry out all of its terms. In the event the I ings for the formation of the special Assessment District B abandoned, enjoined or held by a court of competent jurisdictic illegally or improperly conducted, or if for any reason the pro( are not consummated, or if consummated and funds are not suffic available, then this Agreement shall be terminated and any A< between the parties shall be, cancelled. m 0 e 0 NOTICE SECTION 9. Any notices authorized or required by this Agreement shall be de have been given when deposited in the United States mail, prepaid, addressed to the persons below listed: TO AGENCY: CITY OF CARLSBb 1200 ELM AVENUE CARLSBAD, CA 92008 ATTENTION: CITY MANAGER TO DISTRICT: COSTA REAL MUNICIPAL WATER DISTRICT 5950 EL CAMINO REX& CARLSBAD, CA 92008 ATTENTION: GENERAL MANAGER SPECIAL TERMS AND CONDITIONS SECTION 10. For any particular term8 and conditions as they relaee to this ment District and these proceedings, reference is made to Exhi attached hereto and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year first hereinabove written. ATTGST : l2/4z&Lk@y City Clerk "DISTRICT " COSTA REAL MUNICIPAL WATER DISTRICT By : ATTEST : - 0 e EXHIBIT A SUPPLEMENTAL TERMS AND CONDITIONS It is further agreed between Agency and District, under thc "Agreement for Installation, Conveyance, Maintenance and Operation of Improvements/! ( "AgreementN ) of h ,f that: # , 1988 Section A-1. Except as provided in the May 27, 1988 contract between the City of Carlsbad and District, entitled "Agreement for Reimbursement To Construction 16" Waterline and Pressure Reducing Station in Palomar Airport Road West (Assessment District No. 86-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/( approving plans and specifications, drawings, or other document! as necessary and required for tne construction ana installation of the referenced utility improvements; (2) the reasonable cost 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 installati of the referenced utility improvements; (4) major facilities charges based upon the estimated requirements of the area benefited and the charges in effect at the time the assessment, if any, is confirmed. Section A-2. The Engineerrs Report described in Section 2 of the Agreement shall contain estimates of the costs reasonabl anticipated pursuant to Section A-1 hereof. Section A-3. Agency shall notify District promptly of the confirmation of assessments, letting of construction contracts 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, notwithstanding any contrary provisions in the Agreement including provisions f termination of the Agreement. In addition, upon sale of the bonds, if any, the major facilitiee charges shall be paid to District. The District shall also be reimburses 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 facilities thereon shall be subject to any assessment by Assessment District No. 86-1. Section A-5. District shall have no obligation to accept, operate or maintain any improvement facilities not constructed accordance with the plans, specifications, rules or regulations of the District, or other laws or regulations appdicable to suc facilities at the time of acceptance. (ET31:GMCOST.I)