1996-02 Reimb Fee Bukamier
ORDINANCE NO. 96-02
8 AN ORDINANCE OF THE CARDIFF SANITATION DISTRICT
ADDING SECTION 3.16.122 OF THE DISTRICT CODE
TO PROVIDE FOR REIMBURSEMENT FEE
FOR GARY BUKAMIER
The Board of Directors of the Cardiff Sanitation District does ordain as follows:
SECTION ONE:
That Chapter 3. 16 of the Cardiff Sanitation District Code is amended to add Section
3.16.122 to read as follows:
3.16.461 Reimb~t Fee - GaIy 8YkImim:. In addition to any other fees for
connections to sewer lines within the District, there is established a, reimbursement, fee of
$16,723.56 plus 6% IWI\Ual simple interest computed from the,effective date of Ordinance
No. 96-02 until paid for equivalent dwelling units connecting individuallatera1(s) directly
to the sewer facility known. as CS121 running easterly in Fortuna Ranch Road, thence
northerly and thence easterly. inBukamada Lane in Olivenhain, as more fully set forth in
the agreemmt filed in the Office of the District Clerk. This section shall have no further
effect on and after 20 years from the effective date of Cardiff Sanitation District Ordinance
No. 96-02.
8. SECTION TWO:
This Ordinance was introduced on November 20, 1996.
SEC1J;ON ~:
This 9rdinance shall take effect and be in force thirty (30) days after the date of its
passage, and.before the expiration of fifteen (IS) days after its passage it shall be published once,
with the names of the members voting for and against the same, in the Eneinitas Sun, a newspaper
of general circulation published in the County of San Diego.
PASSED. AND ADOPTED by the Board of Directors of the Cardiff Sanitation District on
the 18th of December .1996, by the following vote, to wit:
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.8 AYES: Aspell, Bond, Cameron, Davis, DuVivier
NAYS: None
ABSTAIN: None
ABSENT: None
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10 s, ChairPerson
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ATTESTATION, AND CERTIFICATION:
I hereby certify this is a true and correct copy of Ordinance No. 96-02 which has been published
pursuant to law.
8 By:~, .~~
rah Cervone, Clerk of the Boarcr--
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REIMBURSEMENT AGREEMENT
81 (SEWER CONSTRUCTION BY PROPERTY OwNER)
GARY B UKAMŒR.
The Cardiff Sanitation District ("DISTRICT" hereinafter) and the persons listed on
Attachment A which is attached to this agreement and incorporated herein as though fully set
forth at length ("PROPERTY OWNER" collectively hereinafter) enter into this agreement in
reference to the following facts:
A. PROPERTY OWNER have, at their own cost, constructed a sewer facility known
as CS121 running easterly in Fortuna Ranch Road and thence northerly and thence westerly in
BlIh'1'ada Lane in Olivenhain ("SEWER FACILITY" hereinafter) described as follows:
See Attachment B, which is attached to this agreement and incorporated herein as
though fully set forth at length.
.B. The SEWER FACILITY will benefit the property described as follows
("BENEFITED PROPE&TY" hereafter):
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See plat of area benefited, Attachment B which is attached hereto and '
incorporated herein as though fully set forth at length.
C. Contained within the area of the BENEFITED PROPERTY are nine (9) potential,
equivalent dwelling units (tlEDU"s hereinafter) that may connect to the SEWER FACILITY.
D. DISTRICT is authorized to enter into an agreement whereby the PROPERTY
OWNER have constructed a sewer facility and dedicated.it to the publi~; and District will collect
a reasonable reimbursement fee from persons connecting individual laterals directly to the
proposed sewer facility and reimburse PROPERTY OWNER for a proportion of the costs of
. constructing the sewer facility.
NOW lHEREFORE, IT IS AGREED as follows:
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ATTAHMENT 4
8' 1.1 DISTRICT shall enact an ordiDance that will provide for the imposition and
collection of a reimb\J1'SCment fee established in accordance with this Agreement; in a form
substantially similar to Attachment C which is attached hereto.
1.2 For each EDU which connects to the SEWER FACILITY within 20 years from
the effective date of the ordinance providing for the imposition and collection of the
reimbursement fee, DISTRICT shall impose a reimbursement fee calculated as follows: base
amount of S16,723.56/EDU plus simple interest at the annua1 rate of 6% from the effective date
of the ordinance imposing the reimbursement fee until the date of paYment of such
reimbursement fee.
2.0 Distribution of CoUeded Reimb,rse--~Dt Fee
2.1 Each reimbursement fee received by the DISTRICT will be distributed as follows:
a. As compensation' for the expenses ~curred in administering this
Agreement after the effective date of the reimbursement fee ordinance,
DISTRICT shall retain 5% of the gross amount of each reimbursement fee
8 received;
b. Semi-annually after each reimbursement fee is received. by DISTRICT,
DISTRICT shall deliver to PROPERTY OWNER the pro rata share of the
remaining amount.
2.2 The total reimbursement to PROPERTY OWNER shall not exceed the total sum
ofSI30,444 plus allowable interest, as determined in accordance with this Agreement.
2.3 PROPERTY OWNER agrees that there is no assurance that PROPERTY
OWNER will receive the full amount of the maximum, potential reimbursement or any portion
thereof.
3.0 ln4emIJiQr.
3.1 Geqeral. PROPERTY OWNER agrees to indemnify and hold DISTRICT and
DISTRICT'S officers, officials, employees and agents harmless from, and against any and all
liabilities, claims, demands,' causes of.action, 'loøses, damages and costs, including all costs of
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defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or
8 omissions of PROPERTY OWNER or PROPERTY OWNER'S agents, employees,
subcontractors, officials, officers or representatives. Upon demand, PROPERTY OWNER shall,
at its own expense, defend DISTRICT and DISTRICT'S officers, officials, employees and
agents, from and. against any and all such liabilities, claims, demands, causes of action, losses, .
damages and costs.
3.2 Plans. Specifications and Desi&Jl. PROPERTY OWNER'S obligation herein
includes, but is. not limited to, alleged defects in the plans, specifications or design of the
SEWER FACILITY; but does not extend to liabilities, claims, demands, causes of action, losses,
damages or costs that arise out. of a defect in the plans, specifications or design that is a result. of
a change required by DISTRICT to the PROPERTY OWNER'S proposed plans, specifications
or design so long as the DISTRICT-required change is objected to, in writing, by PROPERTY
OWNER, and the writing is filed with the DISTRICT more than ten days prior to the
commencement of work.
3.3 Constructi on. PROPERTY OWNER'S obligation herein includes, but is not
8° limited to, alleged defects in the construction of the SEWER F ACIUTY; alleged defects in the
materials furnished in construction; and any accident, loss or damage, happening or occuning
during the construction of SEWER FACILITY.
3.4 Ilü11Q' orDam~eto Perso~. PROPERTY OWNER'S obligation herein
includes, but is not limited to, alleged injuries to persons or damage to property resulting fÌ'om
the design or construction of the SEWER FACILITY.
3.5 Inverse Condemnation. PROPERTY OWNER'S obligation herein includes, but
is not limited to, any alleged inverse condemnation of property as a consequence of the design or
construction of the SEWER F ACIUTY.
3.6 Deferwe of A¡veement/ordiDIDQC. In the event"~ a third party commences a
lawsuit challenging this Agreement or the reimbursement fee ordinance, PROPERTY OWNER
agrees to defend and hold DISTRICT harmless therefrom.
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3.7 ~&. ApproviQ¡ or AccqtiQ¡. By approving the SEWER FACILITY
8 improvement plans, specifications or design or by inspecting, approving or accepting the
SEWER FACILITY, DISTRICT shall not have waived the .protections afforded herein to
DISTRICT and DISTRICT'S officers, officials, employees and agents or diminished the .
obligation of PROPERTY OWNER who shall remain obligated in the same degree to indemnify
and hold DISTRICT and DISTRICT'S officers, officials, employees and agents, harmless as
provided herein.
3.8 Limitation.. PROPERTY OWNER'S obligation herein does not extend to liabilities,
claims, demands, causes«;>f action, losses, ~es or costs that arise out of tbe DISTRICT'S
intentional wrongful acts, DISTRICT'S violation oflaw, or DISTRICT'S sole active negligence.
3.9 Duration. Provisions of this section shall remain in full force and effect until 20
years following the date of acceptance of the SEWER FACILITY by DISTRICT.
4.0 EXPIRATION ofR...bunem~Dt ProvisiolU.
The imposition of the reimbursement fee together with any obligation on the part of
DISTRICT to reimburse PROPERTY OWNER shall be termin~ 20 years from the effective
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date of the ordinance providing for the imposition and collection of the reimbursement fee.
5.0 ~ipmeDt.
This Agreement shall not be assigned or otherwise transferred without the prior written
approval of the DISTRICT;.provided, however, such consent shall not be unreasonably withheld
. and shall be limited to a determination of the financial ability and reputation of the transferee to
effectively satisfy the obligations of this Agreement.
6.0 Severab.lity.
If any section, subsection, sentence, clause, or phrase of this Agreement is for any reason
held to be invalid or unenforceable, such determination shall not affect the validity of the
remaiTting portions of this Agreement. The parties declare that they would hàve agreed to the
remaining portions of this Agreement.
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7.0 No..
. .7.1 All notices required or provided for under this Agreement shall be in writing and
delivered in person or sent by certified mail, postage prepaid.
7.2 Notice required to be given to DISTRICT shall be
addressed as follows:
Cardiff Sanitation District
505 South Vulcan Avenue
Encinitas, CA 92024
Attention: District Manager
7.3 Notices required to be given to PROPERTY OWNER shall be addressed as
presented in Attachment A.
7.4 A party may change the address by giving fifteen days notice in writing to the
. other party and thereafter notices shall be addressed and transmitted to the new address.
8.8 Entire J\areemeDt. Waive... and J\¡reements.
This Agreement constitutes the entire understanding and agreement of the parties. This
Agreement integrates all of the tenns and conditions mentioned herein or incidental hereto, and
supeI$Cdes. all negotiation or previous agreements between the parties with reSPect to all or any
part of thê subject matter hereof.
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ACCEPTED AND AGREED:
81 PROPERTY OWNER
by Date
Gary B ukami er
(Notarization of PROPERTY OWNER signature is attached.)
8 CARDIFF SANITATION DISTRICT
byÆ~
Datelt-11-f t
District Manager (Notarization not required)
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8i ATTACHMENT A
GARY B UKAMlER REIMBURSEMENT AGREEMENT
PROPERTY OWNER TO RECEIVE FULL AMOUNT (AFTER ADMINISTRATIVE COSTS)
OF THE REIMBURSABLE AMOUNT TO BE DISTRIBUTED BY THE DISTRICT
Mr. Gary Bukamier
P.O. Box 2009
Y Qrba Linda, CA 92686
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Cardiff'S.aitation District Bukamier Reimbursement Agreement
13 Potential EDU Connections: 265-030-35 (The westerly portion of this lot could possibly be
served. With a subdivision of the property, it can be calculated as two potential EDU), 265-030-
52,265-030-53,265-030-54,265-030-55,264-101-35,264-101-63, and 264-101M. Parcel Nos.
264-030-82, 264-030-83, 264-030-84, and 264-030-85 were also used in calculating the EDU
connection rate; however, all four parcels are owned by Gary Bukamier and tberefOTe exempt
from the reimbursement.
Existing Sewer Main: ........................................
8 Sewer Main Extension (CSI21): "L.............
Parcels Subject to the Reimbursement Agreement Fee: ~\ XX \ ,t
F:/o:CIdIOJ.l96O.doc Book' ., ".,~.
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