agreement with mpwmd to irrigate the 4th avenue pathway 04-02-13.pdf

8/23/2019 Agreement with MPWMD to Irrigate the 4th Avenue Pathway 04-02-13.pdf

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TO:THROUGH:DATE:SUBJECT:

CITY OF CARMEL-BY-THE-SEASTAFF REPORT

MAYOR BURNETT AND COUNCIL MEMBERSJASON STILWELL, CITY ADMINISTRATOR2 APRIL 2013AUTHORIZE THE CITY ADMINISTRATOR TO EXECUTEAN AGREEMENT WITH THE MONTEREY PENINSULAWATERMANAGEMENT DISTRICT FOR THE SALE OFRECYCLED WATER FOR IRRIGATION OF THE 4THAVENUE PATHWAY

RECOMMENDED MOTIONAuthorize the City Administrator to execute a recycled water agreement with theMonterey Peninsula Water Management District to irrigate the 4thAvenue Pathway.BACKGROUNDIn 2009, the City completed the 4th Avenue Riverine Habitat Restoration project, whichincluded a pedestrian path and native riparian landscaping. The Pathway provides a safeand aesthetically pleasing pedestrian link to the north end of Carmel Beach, otherneighborhood pathways along San Antonio Avenue, and into the residentialneighborhoods to the northeast of 4th Avenue. The Pathway is currently hand watered byCity staff with potable water. The proposed agreement would allow the City to use up to0.5 acre-feet of surplus non-potable recycled water for irrigation of the Pathway.The Monterey Peninsula Water Management District, the Carmel Area WastewaterDistrict, the Pebble Beach Community Services District, and the Pebble Beach Companydesigned, financed, built and operate the wastewater reclamation project that suppliesrecycled water to golf courses and other recreational open space areas of Del MonteForest. The City approved an encroachment permit for the pipeline in 1992 that requiredthe installation of a turn out capable of supplying five acre-feet/year of surplus recycledwater to Rio Park. The City would use up to 0.5 acre-feet of the allocation for the 4thA venue Pathway as part of the proposed agreement. The City is working with the PebbleBeach Community Services District on permitting requirements.STAFF REVIEWStaff recommends that Council authorize the execution of the agreement.FISCAL IMP ACTThe City will pay the same price per unit of recycled water as the golf courses and otherrecreational areas of the Del Monte Forest, which is currently $3,727 per acre-feet($1,864 for 0.5 acre). In addition, the City will be required to install a water meter,estimated to cost about $20,000, which is recommended for funding for fiscal year 2013-14 within the 2013-2018 Capital Improvement Program.ATTACHMENTAgreement


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CITY OF CARMEL-BY-THE-SEACITY COUNCIL

RESOLUTION 2013-A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF

CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE ANAGREEMENT WITH MONTEREY PENINSULA WATER MANAGEMENT DISTRICT FOR THESALE OF RECYCLED WATER FOR THE IRRIGATION OF THE 4 AVENUE PATHWAY

WHEREAS, the Monterey Peninsula Water Management District, the Carmel Area WastewateDistrict, the Pebble Beach Community Services District, and Pebble Beach Company (collectively, thesefour entities are the "Project Proponents") designed, financed, built, and operate a wastewater reclamationproject (the "Project") that supplies high quality recycled water to irrigate the golf courses and otherecreational open space areas of the Del Monte Forest area ofMonterey County, California; and,WHEREAS, as part of the approvals for the Project, the Project Proponents obtained anencroachment permit from the City of Carmel-by-the-Sea for a portion of the recycled water pipeline thapasses through the City limits. One of the conditions of approval for the encroachment permit required the

Project to install a recycled water turn-out capable of supplying up to 5 acre feet/year of surplus recycledwater to irrigate property owned by the City commonly known as Rio Park; and,WHEREAS, the City has requested that the Project Proponents allow the City to use a portion of itsfuture supply of up to 5 acre feet/year to irrigate landscaping next to a walking path installed by the City, andthe Project Proponents are willing to do so; and,WHEREAS, the Monterey Peninsula Water Management District will sell the City up to a maximum

of 0.5 acre feet of recycled water to be used by the City to irrigate landscaping adjacent to a trail owned andmaintained by the City and commonly known as the 4th Avenue Pathway, pursuant to an agreement for thesale of recycled water.NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OFCARMEL-BY-THE-SEA does hereby:

Authorize the City Administrator to execute an agreement for the sale of recycled water with theMonterey Peninsula Water Management District.PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEAthis 2"d day ofApril 2013 by the following roll call vote:

AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS:ABSENT: COUNCIL MEMBERS:

ATTEST: SIGNED,

Heidi Burch, City Clerk JASON BURNETT, MAYOR


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AGREEMENT FOR SALE OF RECYCLED WATER

between theMONTEREY PENINSULA WATER MANAGEMENT DISTRICTand the

CARMEL-BY-THE-SEADated as of April 1, 2013

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AGREEMENT FOR SALE OF

RECYCLED WATER

This Agreement for Sale of Recycled Water (Agreement) is entered into and effective as ofApril 1, 2013, by and between the MONTEREY PENINSULA WATER MANAGEMENTDISTRICT, a California public agency (MPWMD), and CARMEL-BY-THE-SEA, aCalifornia City (City),

RECITALS

A. MPWMD, Carmel Area Wastewater District (CAWD), Pebble Beach CommunityServices District (PBCSD), and Pebble Beach Company (PBC) (collectively,these four entities are the Project Proponents) designed, financed, built, and operatea wastewater reclamation project (the Project) that supplies high quality recycled

water to irrigate the golf courses and other recreational open space areas of the DelMonte Forest area of Monterey County, California.

B. As part of the approvals for the Project, the Project Proponents obtained anencroachment permit from the City for a portion of the recycled water pipeline thatpasses through the City limits. One of the conditions of approval for theencroachment permit required the Project to install a recycled water turn-out capableof supplying up to 5 acre feet/year of surplus recycled water to irrigate propertyowned by the City commonly known as Rio Park.

C. The City has requested that the Project Proponents allow the City to use a portion ofits future supply of up to 5 acre feet/year to irrigate landscaping next to a walkingpath installed by the City, and the Project Proponents are willing to do so.

D. This Agreement is intended to implement the terms of the Citys request.AGREEMENT

NOW, THEREFORE, in consideration of the foregoing, the parties have agreed as follows:

1. SALE OF RECYCLED WATER.

1.1 Quantities of Recycled Water. MPWMD will sell the City up to a maximum of0.5 acre feet of recycled water to be used by the City to irrigate landscaping adjacent to a trailowned and maintained by the City and commonly known as the 4th Avenue Walkway. The trailand adjacent landscaping that will be irrigated with recycled water pursuant to this Agreementare shown on Exhibit A attached to this Agreement. In the event the Project cannot produceenough recycled water to meet the demand of all purchasers of recycled water within the DelMonte Forest, then the Citys right to up to 0.5 acre feet/year of recycled water may be reducedto the amount of surplus recycled water available.

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1.2 Charges for Recycled Water Use. The City shall pay the same price per unit ofrecycled water used that is paid by the golf courses and other recreational areas in the Del MonteForest that purchase recycled water for irrigation.

1.3Payment for Recycled Water.

MPWMD will bill the City twice per year for itsrecycled water use. The City shall pay each such invoice within 60 days of receipt. Allrevenues from the sale of recycled water shall be applied by MPWMD in the same manner asrevenues received from the golf courses and other recreational areas in the Del Monte Forest.

1.4 Measurement of Use of Recycled Water. The actual use of recycled water bythe City shall be measured by a water meter installed by the City pursuant to specificationsprovided by MPWMD for the purpose of measuring such use. The measurement of such usedetermined by MPWMD (or its agent for purposes of billing and collection) by reading suchwater meter shall be deemed to be conclusive and binding on the parties, absent manifest error.

2. TERM.

2.1 Term. This Agreement shall commence and be effective and binding on theparties on the date stated in the opening paragraph herein. The initial term shall continue andremain in effect until December 31, 2020. Thereafter, this Agreement may be extended by theCity for additional terms of ten (10) years each, by providing written notice to MPWMD at leastthirty (30) days prior to the end of each such term.

2.2 Termination by City. The City has the right to terminate this Agreement at anytime for any reason on thirty (30) days written notice to MPWMD. MPWMD has the right toterminate this Agreement only for cause.

3. IRRIGATION SYSTEM.

3.1 Recycled Water Irrigation Area Ownership and Operation. The City is the

owner of the irrigation system, the trail, and the adjacent landscaping. The City shall beresponsible for the operation, including, without limitation, maintenance and repair, of theirrigation system and for all related costs and expenses.

3.2 Permits. If determined to be necessary by MPWMD, CAWD, or PBCSD, theCity shall (a) timely execute and file applications for any permits necessary to use the recycledwater on the Citys property, and (b) timely satisfy and comply with all terms and conditions ofall such permits. The City shall at all times maintain the Permits in full force and effect at its ownexpense.

4. MISCELLANEOUS.

4.1 Standard of Reasonableness for Approvals. Whenever in this Agreement any

party has the right to approve or consent to any matter, such approval or consent shall not beunreasonably withheld or delayed.

4.2 Further Assurances. Each of the parties agrees to execute, and deliver to theother parties, such documents and instruments, and take such actions, as may reasonably berequired to effectuate the terms and conditions of this Agreement; provided, however, suchcovenant shall not have the effect of increasing the obligations of any party pursuant to thisAgreement or require any representations and warranties by any party in addition to those of

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such party set forth herein.

4.3 Relationship of the Parties. Nothing in this Agreement shall create a jointventure, partnership or principal-agent relationship between or among any of the parties.

4.4 Notices. Whenever any matter herein provides for notice or other communication

to be given to any of the parties, such notice shall be in writing and given to the persons, and atthe addresses, designated below for such party, or to such other person or other address as suchparty shall provide, in writing, to the other party. All notices may be given by being personallydelivered or placed in the United States mail, postage prepaid, certified or registered mail, sentby facsimile transmission, or sent by overnight delivery service, addressed to the party to whomnotice is to be given. Each such notice shall be deemed to be effective upon receipt, if personallydelivered, sent by facsimile transmission or sent by airfreight, or five (5) days after being somailed.

If to MPWMD: If to Buyer:

Monterey Peninsula Water Carmel-By-The-SeaManagement District PO Box CC

5 Harris Court, Bldg. B Carmel-By-The-Sea, CA 93921Monterey, CA 93940 Attn.: City ManagerP.O. Box 85Monterey, CA 93942-0085Attn.: General Manager

4.5 Exhibits. All exhibits referenced in and attached to this Agreement are herebyincorporated herein and made a part of this Agreement, for all purposes, by this reference.

4.6 Assignment. This Agreement shall be binding upon, and inure to the benefit of,

the successors and permitted assigns of the parties.4.7 Severability. If any provision of this Agreement is declared invalid or

unenforceable in any jurisdiction by a court of competent jurisdiction, then such portion orprovision shall be deemed to be severable, to the extent invalid or unenforceable, from thisAgreement as to such jurisdiction (but, to the extent permitted by law, not elsewhere) and shallnot affect the remainder hereof.

4.8 Waiver. No waiver of any right or obligation of any of the parties shall beeffective unless in a writing, specifying such waiver, executed by the party against whom suchwaiver is sought to be enforced. A waiver by any of the parties of any of its rights under thisAgreement on any occasion shall not be a bar to the exercise of the same right on any subsequentoccasion or of any other right at any time.

4.9 Headings and Titles. The designation of a title, or a caption or a heading, foreach section of this Agreement is for the purpose of convenience only and shall not be used tolimit or construe the contents of this Agreement.

4.10 Amendment or Modification. This Agreement may be amended, altered, ormodified only by a writing, specifying such amendment, alteration or modification, executed by

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all of the parties hereto.

4.11 Counterparts. This Agreement may be executed in two (2) or more counterparts,each of which shall be deemed an original, but all of which shall constitute one (1) and the sameinstrument.

4.12Entire Agreement.

This Agreement constitutesthe entire agreement between theparties regarding the subject matter hereof and thereof, and supersedes all prior or

contemporaneous negotiations, understandings or agreements of the parties, whether written ororal, with respect to such subject matter.

IN WITNESS OF THE FOREGOING, this Agreement has been executed by the officersof each of the parties effective the date first shown above.

Monterey Peninsula Water Carmel-By-The-Sea, a

Management District, a California CityCalifornia public agency

By: _____________________ By: __________________________

Name: David Stoldt Name: Jason StilwellIts: General Manager Its: City Manager

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Exhibit ACity of Carmel-by-the-Sea 4th Avenue Walkway Project

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PAGE TITLESite LayoutMonte VerdeLopez Ave

4th Avenue RiverineHabitat RestorationCity of Cann el-by-the-SeaPreliminary

~ andscap ees1gn582. ig thousefi l:t;J u_a n W c ~ ArchitectsPac1 tc rove Ca YJ )0(831 fax


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agreement with mpwmd to irrigate the 4th avenue pathway 04-02-13.pdf

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