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1999-01 Reimb Fee-Marasco , ORDINANCE NO. 99-01 AN ORDINANCE OF THE CARDIFF SANITATION DISTRICT ADDING SECTION 18.12.341 OF THE DISTRICT CODE TO PROVIDE FOR REIMBURSEMENT FEE C. SAMUEL AND ANNE MARASCO The Board of Directors of the Cardiff Sanitation District does ordain as follows: SECTION ONE: That Chapter 18.12 of the Cardiff Sanitation District is amended to add Section 18.12.341 to read as follows: 18.12.341 Reimbursement Fee - C. Samuel and Anne Marasco. In addition to any other fees for connections to sewer lines within the District, there is established a reimbursement fee of $9,466.05 plus 6% annual simple interest computed from the effective date of Ordinance No. 99-01 until paid for equivalent dwelling units connecting directly to the sewer facility known as CS073 located in Cole Ranch Road, generally south of Lone Jack Road in Olivenhain, as more fully set forth in the agreement 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. 99-01. SECTION TWO: This Ordinance was introduced on May 26, 1999 , SECTION THREE: This Ordinance shall take effect and be in force thirty (30) days after the date of its passage and before the expiration of (15) days after its passage it shall be published once, with the names of the members voting for and against the same, in the Encinitas 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 ~ day of June, 1999, by the following vote to wit: AYES: Bond, Cameron, Guerin, Holz NAYS: None ABSTAIN: None ABSENT: DuVivier ~ Christy Gueri, hair Cardiff Sanita. n District ATTESTATION AND CERTIFICATION , ] hereby certify that this is a true and correct copy of Ordinance No. 99-01 which has been published pursuant to law. By: J£JJ,.... .~...cP... ~~ Deborah Cervone, Clerk of the BoàTå Book , ø2 Page , ~3 ATTACHMENT 3 , , , AGREEMENT FOR REIMBURSEMENT OF COST OF CONSTRUCTION OF SEWERS (CONSTRUCTION BY OWNER) "C. SAMUEL AND ANNE MARASCO" THIS AGREEMENT, made and entered into this - day of , 1999, by and between C. Samuel and Anne Marasco, hereinafter called "OWNER" and the Cardiff Sanitation District, hereinafter called the "DISTRICT." WITNESSETH: WHEREAS, the OWNER has advised the DISTRICT that he has constructed a sewer line running northerly in Cole Ranch Road in between El Camino del Norte and Lone Jack Road, within the area shown in Sewer Improvement Plan CS073, as more specifically delineated and depicted in Exhibit A, hereto attached and incorporated herein; and WHEREAS, the OWNER further advises that said sewer line has been constructed in such a manner as to provide for its use by property and person, other than and in addition to the OWNER, and said sewer line has been dedicated by the OWNER to the public and has become the property of the DISTRICT; and WHEREAS, said OWNER has requested that the DISTRICT enter into a contract pursuant to the authority granted by Section 4742.3 of the Health and Safety Code to provide for reimbursement to the OWNER ofthe maximum amount of $83,394.48 plus simple interest per annum, out of actual costs of construction totaling $94,660.53 for the sewer line. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: SECTION 1. SEWER CONNECTION. The OWNER has installed the sewer line in Cole Ranch Road, Olivenhain, within the area shown on Sewer Improvement Plan CSO73, as more specifically delineated and depicted on Exhibit A attached hereto and incorporated herein. Such sewer line was constructed in strict accordance to the design and specifications as approved by the DISTRICT. SECTION 2. COST OF DESIGN AND CONSTRUCTION OF SEWER. The entire cost of the design, construction and installation of said sewer line has been paid by the OWNER at no cost or expense to the DISTRICT. The OWNER has submitted a complete statement of the actual in-place cost of construction and installation of such sewer line and shall, upon request by the DISTRICT, supply the original or copies of any and all billings, invoices or other data or material upon which such statement of cost is based. SECTION 3. DEDICATION OF SEWER LINE. The OWNER agrees that said sewer line shall be dedicated to the public use and shall become the sole property of the DISTRICT and OWNER shall have no rights whatsoever therein. SECTION 4. CONNECTION FEES. Upon dedication to and acceptance by the DISTRICT of the sewer line constructed in the manner herein provided, the DISTRICT agrees to impose an additional connection fee in the sum of$9,466.05 plus 6% simple interest per annum for each E.D.U. that flows directly through the sewer described in Exhibit A sewer line. Interest charges will be computed from the effective date of this Agreement, monthly to the time that charge is collected. Such fee shall be in addition to any other fee or charge otherwise imposed for the connection of a parcel to a DISTRICT sewer line and shall be collected for the purpose of providing reimbursement to the OWNER of the portion of the cost of construction of the sewer line provided for in Section 5 thereof. Book ,e2- Page' ,,;t( ATTACHMENT 4 , , - As compensation for the expenses incurred in administering this Agreement after the effective date ofthe reimbursement fee ordinance, DISTRICT shall retain $200 per E.D.U. of the gross amount of each reimbursement fee received and the remaining amount of each reimbursement fee received will be distributed to the OWNER. SECTION 5. REIMBURSEMENT TO OWNER. From the connection fees, if any, collected by the DISTRICT as provided for in Section 4, the DISTRICT shall reimburse to the OWNER the maximum amount of $83,394.48, plus 6% simple interest per annum, out of actual costs of construction totaling $94,660.53. The total reimbursement to OWNER shall not exceed the maximum amount allotted plus allowable interest, as determined in accordance with this agreement. OWNER agrees that there is no assurance that OWNER will receive the full amount of the maximum potential reimbursement or any portion thereof. Such reimbursement payments, if any, shall be made to the OWNER semi-annually commencing on July 1st, following the effective date of this Agreement, and shall continue semi-annually, on July I and January 1, until the OWNER has been reimbursed the amount hereinabove provided for, or until the expiration of a period of 20 years from the effective date of this agreement, whichever shall first occur. The DISTRICT reserves the right to mail payments within 15 days of semi-annual payment dates. SECTION 6. NOTICE. Notice required or permitted under this Agreement shall be sufficiently given if in writing and if either serviced personally upon the party to whom it is directed or by deposit in the United States mail, postage prepaid, certified, return receipt requested, addressed to the parties at the following addresses: A. DISTRICT: District Manager Cardiff Sanitation District 505 S. Vulcan Avenue Encinitas, CA 92024 B. OWNER: Mr. C. Samuel Marasco 710 Cole Ranch Road Encinitas, CA 92024 SECTION 7. INDEMNITY. 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, losses, damages and costs, including all costs of defense thereof, arising out of, or in any manner connected directly or indirectly with, any acts or omissions of OWNER or OWNER's agents, employees, subcontractors, officials, officers or representative. Upon demand, OWNER shall, at his 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. SECTION 8. SUCCESSORS. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors-in-interest to the parties to this Agreement. SECTION 9. ASSIGNMENT. 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 and safely satisfy the obligations of this Agreement. BooIII :¿ ;(5 Page , , , . SECTION 10. SEVERABILITY. If any section, subsection, sentence, clause, or phrase ofthis Agreement is for any reason held to be invalid or unenforceable, such determination shall not affect the validity of the remaining portions of this Agreement. The parties declare that they would have agreed to the remaining portions of the Agreement. SECTION 11. EFFECTIVE DATE. This Agreement shall become effective 30 days after the date of an ordinance adopted by the Board of Directors ofthe DISTRICT, providing for the imposition and collection of the connection fees herein provided for. SECTION 12. ENTIRE AGREEMENT. WAIVERS AND AGREEMENTS. This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiation of previous agreements between the parties with respect to all or any part of the subject matter hereof. SECTION 13. TERMINATION OF AGREEMENT. This Agreement shall automatically terminate upon the expiration of a period of 20 years from the effective date and the DISTRICT shall thereafter be under no obligation to collect any connection fees or to pay to the OWNER the reimbursement payments therein provided for. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date first above mentioned. By Deborah E. Cervone, Clerk of the Board Cardiff Sanitation District By C. Samuel Marasco, Property Owner By Anne Marasco, Property Owner State of California County of San Diego )SS ) On this _th day of ,1999, before me, , a Notary Public in and for said State, personally appeared C. Samuel and Anne Marasco, personally known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that they executed the same. Signature of Notary Public Book . :¿ ~(P Page .