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HomeMy WebLinkAboutCC Reso 2022-75 - Approving Submittal of Out-of-Agency Services Agmt to LAFCo RESOLUTION NO. 2022-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH APPROVING THE SUBMITTAL OF AN OUT OF AGENCY SERVICES AGREEMENT TO THE MENDOCINO LOCAL AGENCY FORMATION COMMISSION (LAFCO) WHEREAS: 1. The City of Ukiah ("City") and Ukiah Valley Sanitation District ("District") provide sewer services within their respective jurisdictions and have received requests to extend sewer service to various properties outside of their jurisdictional boundaries; and 2. Under Government Code Section 56133, the Mendocino Local Agency Formation Commission ("LAFCo") may authorize a district to provide services outside its boundaries and Sphere of Influence ("SOI") pursuant to a written C'ut of Agency Service Agreement ("OASA"); and 3. On June 1, 2022, the Ukiah City Council approved an Agreement between the District and City regarding provision of interim sewer services and out of area (agency) service agreements; and 4. On June 8, 2022, the District Board of Directors approved said Agreement; and 5. The City and District desired to enter into said Agreement regarding (i) the provision of interim sewer services for properties requesting out of agency service until (1) the area upon which those properties are situated are annexed by the City or(2)the City annexes sufficient additional portions of the District to qualify the District for reorganization as a subsidiary district of or merger with the City under applicable provisions of the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000 ("CKH Act"), including Government Code 57105 and (ii) the terms under which both the City and District are willing to support City annexation; and 6. Certain landowners outside the jurisdictional boundark s of the City and District but within the SOI of the City have approached the District about serving their properties with municipal sewer services; and 7. Said parcels ("territory") are more clearly delineated within the Exhibit A-Territory Map to this Resolution; and 8. Due to existing development pressures within the territory, failure to provide municipal sewer service to territory may result in such properties being developed with individual private septic systems, which due to existing environmental and site conditions within the territory, may pose a future threat to health and safety in the territory; and 9. The City has developed an OASA application ("Project') for review and approval by LAFCo and such Project is included within Exhibit B- OASA Application in Substantial Form to this Resolution; and 10. The Project consists of the interim provision of sewer service by the District to parcels Page 1 of 2 within the territory until such time that the City annexes the territory or the City annexes sufficient additional portions of the District to qualify the District for reorganization as a subsidiary district of or merger with the City under applicable provisions of the; and 11. On November 9, 2022, the District Board of Directors approved the Project at their regular board meeting; and 12. On November 16, 2022, the Ukiah City Council approved the Community Development Director's determination that the Project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15320, Changes in Organization of Local Agencies. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Ukiah hereby adopts Resolution No. 2022-75, approving submittal of the Out of Agency Service Agreement identified in Exhibit B and authorizes the Mayor and/or the City Manager and/or his designee to execute all necessary corresponding documents and agreements for the Application and implementation of the Out of Agency Services Agreement if approved by LAFCo. PASSED AND ADOPTED this 161"day of November, 2022, by the following roll call vote: AYES: Councilmembers Orozco, Crane, Rodin, Duenas, and Mayor Brown NOES: None ABSENT: None ABSTAIN: None Brown, Mayor ATTEST: Kristine Lawler, City Clerk Page 2 of 2 i Exh bit A-Territory Map X t. f A` l� it JJ ~% r l = " •'�.. y-,k,. aQ �� �. aP •. Inc• rSc •� } �b�. $fit �~�� � P: 9y, Ca . _ .� •,I. �. � t—, ... � -. 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DO NOT USE THIS MAPTO DETERMINE LEGAL PROPERTY BOUNDARIES Exhibit B-OASA Application in Substantial Form MENDOCINO Local Agency Formation Commission Ukiah Valley Conference Center 1200 South School Street I Ukiah,California 95482 Telephone:(707)463-4470 1 E-mail: eo@mendolafco.org I Web: www.mendolafco.org Application Out-of-Agency Services Agreement Please complete the following information to process an application for Out-of-Agency Services under Government Code Section 56133. Please do not leave information blank on this form;specify N/A if a portion is not applicable. A. Applicant Information 1) Agency Name:City of Ukiah/Ukiah Valley Sanitation District 2) Agency Contact Information: Name&Title Craig Schlatter,Community Development Director,City of Ukiah Wing-See Fox,General Manager, Ukiah Valley Sanitation District Phone Craig: (707)463-6219 Wing-See:(6S0)503-1500 Email Craig: cschlatter@cityofukiah.com Wing-See:wingseef@urbanfuturesinc.com Address City:300 Seminary Ave. Ukiah,CA 95482 UVSD: 151 Laws Ave.#13 Ukiah,CA 95482 B. Location of Territory to be Served (Use the Supplemental Property Sheet for multiple properties) Assessor Parcel Size Current Use Proposed Use Number See attached list of APNs in Attachment 1. Landowner Name See attached list of landowners in Attachment 1. Mailing Address Email C. Type of Out-of-Agency Services Agreement 1) ❑ New ❑ Extended 2) ❑ Water X Sewer ❑ Other(please specify): 3) X A copy of the agreement between the agency and affected landowner(s)to be served has been attached. Note: a copy of this agreement can be found in Attachment 2. D. Justification 1) Is the subject territory located within the agency's Sphere of Influence? X Yes ❑ No Note: the area is located within the City of Ukiah's Sphere of Influence but not the Ukiah Valley Sanitation District's Sphere of Influence. 2) Is the reason for the application a threat to the health and safety of the public or the affected residents? ❑ Yes -Provide documentation from the Public Health Officer. X No-Explain the reason for the application at this time. In recent months, the area of the subject parcels (the "territory") has faced considerable development pressure. Although landowners prefer municipal sewer services, given these existing pressures failure to provide municipal sewer will likely result in the development of septic systems within the territory.Because of existing environmental and other site conditions within the territory,septic service provision for Rotential large-scale development projects could pose a future threat to health and safety. Additionally,without the efficient and coordinated provision of municipal sewer services, there may be increased potential for piecemeal development and urban sprawl. 3) Explain why a jurisdictional change (e.g., annexation) is not being considered at this time as an alternative to providing services outside the agency's boundaries. With this Out of Area Service Agreement application,the City of Ukiah ("City") and Ukiah Valley Sanitation District ("District") propose interim municipal sewer service provided to the territory by the District until such time that the City annexes the territory. At its March 7, 2022, regular meeting, the Mendocino Local Agency Formation Commission ("LAFCo"1 agreed by consensus to this approach. Since this time, the City and District have develo ed an Agreement Attachment 31 for providing interim sewer services through Out of Area Service Agreements. Per the—Agreement, interim sewer services would be provided for properties requesting out of area service until "M the area upon which those properties are situated are annexed by the City: or (2) the City annexes additional sufficient portions of the District to qualify the District for reorganization as a subsidia district of or merger with the City under applicable provisions of the Cortese- Knox-Hertzberg Local Government Reorganization Act of 2000..." The territory of the subiect parcels is within the Sphere of Influence("SOl")of the City of Ukiah adopted by LAFCo in 1984.The territory is also located with the proposed SOI of the City's draft 2040 General Plan (see below). In 2021 the City submitted a pre-a0plication to LAFCo to annex an area north of the City that includes the territory. 4) Is annexation of the subject territory or affected property anticipated in the near future? X Yes ❑ No Please describe the agency's plans and timelines, or provide other relevant information. LAFCo staff,working closely with City and District staff,are currently preparing updated Municipal Service Reviews and Spheres of Influence for the City and District. Concurrently, the City is updating its General Plan (Ukiah 2040). At such time as the General Plan is adopted by the City Council-and LAFCo adopts the updated Spheres of Influence for the District and City-the City will apply for annexation of the territory. The Ukiah General Plan is anticipated to be adopted by the City Council by December 2022.Provided LAFCo adopts the S01 forthe District and City in December,an annexation application could be submitted to LAFCo as early as Spring 2023. E. Service Information 1) Describe how the agency would provide the proposed new or extended service to the subject territory. Please identify any onsite and offsite infrastructure or facility improvements, any permits required from regulatory agencies,and associated funding requirements to provide service to the subject territory. The City rovides wastewater services to about two-thirds of City residents; the District provides wastewater services to one-third of City residents.The District also provides wastewater services outside of City limits to the north,south, and east.See Attachment 4 for a map of District wastewater services. In 199S,the City and UVSD entered into a participation agreement whereby the City agreed to operate and maintain the UVSD sewer collection system andd-orovide UVSD wastewater treatment services at the City's Wastewater Treatment Plant (WWTP), and UVSD agreed to share the costs based on the number of Equivalent Sewer Service Units. Costs for operation and capital are budgeted in City funds and shared by the City and District based on an agreed-upon apportionment. Because no new development is proposed in the subject territory, future proposed or extended service cannot be determined at this time.The District has sufficient capacity to serve the entirety of this area. 2) If the proposed new or extended service involves water or sewer,identify the anticipated demand in terms of use (i.e.,gallons, acre-feet) and frequency of delivery (per day/month/etc.) associated with serving the subject territory. For extended service, please estimate the difference in comparison to existing demand. Because no new development is proposed in the subject territory. future proposed or extended service cannot be determined at this time.The District has sufficient capacity to serve the entirety of this area. 3) Describe compensation for the proposed service(i.e.,fee/household,fee/truck/tank,etc.). The fee will be determined based on the number of ESSUs needed to serve the future development project(s),once those projects are proposed.This in turn will determine the fee to be charged. 4) Does the agency have sufficient capacities to provide the proposed new or extended service to the subject territory without adversely effecting existing service levels? Yes.The City's Waste Water Treatment Plan(WWTP),operated bethe City,serves both the City and District. The WWTP has an average dry-weather flow capacity of 3.01_ million gallons per day (MGD), an average wet-weather flow capacity of 6.89 MGD, and a peak wet-weather flow capacity of 24.S MGD. The WWTP includes primary, secondary, and tertiary treatment, as well as solids handling facilities. The WWTP was significantly upgraded twelve years ago and remains in good working order.Based on the available capacity data in the below table, there is sufficient capacity remaining for expansion of sewer services into the subiect territory without adversely effecting existing service levels Summary of ESSUs by Agency City oi Ukiah Total$' Current Usage(May 2022) _ _ 5,688 _ 6,833 12,521 Percent of Total ESSUs 45.43% 54.57,% 49.84% New WWTP Agreement _ 65% 35% 100% New WWTP Capacity _ 1,560 840 2,400 New WWTP ESSU's Used 618 406 1 1,024 New WWTP ESSU's Percent Used 39.63% 48.33% 42.68% New WWTP ESSUs Remaining 942 434 1,376 5) What services, if any,are currently provided to the subject territory? There are currently no known sewer services provided to the subiect territory. 6) Are there any alternate service providers or other service options available to the subject territory? As indicated above,there are no known alternate service providers in the subiect territory.The only other potential sewer service option Is individual septic. F. Land Use Information 1) Identify the subject territory's land use designation,zoning,and minimum parcel density requirements and clarify whetherthe proposed provision of service(s)will increase onsite development potential or be growth inducing for the area. The entirety of the subiect territory is located within the Ukiah Valley Area Plan of Mendocino County.With the exception of APNs 169-130-76 and 170-210-01, the subiect parcels carry a General Plan Land Use Designation of Industrial (1) and are zoned Inland General Industrial (12). The intention of the 12 zoning designation as described in the Mendocino County Zoning Code is "to create and loreserve areas where a full range of industrial uses with moderate to high nuisance characteristics may locate. Typically.this district would be applied to locations where large land acreages were available and where the impacts associated with the unsightliness noise,odor,and traffic and the hazards associated with certain industrial uses, would not impact on residential and commercial areas." The 12 zoning designation, which lists a broad range of permitted civic commercial industrial and agricultural use types not subject to the securing of a use permit,does not list a minimum parcel density requirement.There is no minimum lot area.There is also no minimum side and rear yard requirement,except that any side or rear yard contiguous to any district other than commercial or industrial shall have a minimum side yard of five(5)feet and a minimum rear yard of twenty 20 feet. There is a minimum front yard re uirement-of 10 feet and a maximum height for structures of 65 feet. APN 170-210-01 carries a General Plan Land Use Designation of AG 40 and is zoned Agriculture. AG 40 reflects a minimum lot area of forty M)acres and maximum dwelling density of one�1)unit per 40 acres. Minimum front,rear,and side yards must be fifty{50j feet each.Farm employee housing is permitted upon issuance of an administrative permit. The Agricultural Zoning district permits a variety of uses including, single-family residential, civic uses, agricultural use types, and.accessory uses. APN 169-130-76 carries a General Plan Land Use Designation of MUNS and is zoned Agriculture.The MUNS(Mixed Use North State) General Plan Land Use Designation is intended to encourage mixed-usie development with commercial uses encoura ed at street level retail and service businesses residential usesprocessing, monufacturing and assembiv. All properties within the subject territory are vacant except for APN 169-130-76 (251 Carter Ln), which is underutilized, and 170-200-03 (410 Ford Rd), which currently is the location of the Big Daddy agricultural supply business. Although there are no known development proposals at this time,the provision of wastewater services by the District in cooperation with the City through the out of area service agreement represents the best, most efficient approach to serving these parcels as opposed to private septic systems. The provision of sewerservices is not expected to increase development potential beyond what is currently Pursuable under existing zoning and land use constraints. As noted previously. currently properties in this territory can be developed for a broad range of permitted civic,commercial, industrial,and agricultural use types. A mao of the subject territory,with overlaid zoning and general plan land use designations, is included in Attachment 5. 2) Are there any proposed or approved,but not yet built,development projects involving the subject territory? 0Yes XNo If yes,describe the proposed projects or land use entitlements and the timeline for implementation. 3) The Commission's action regarding this request by the agency to provide new or extended services outside its jurisdictional boundary is subject to the requirements of the California Environmental Quality Act (CEQA). Has the agency conducted any CEQA reviews for any projects associated with this application? X Yes ❑ No If yes, please provide copies of the environmental documentation, including the Notice of Exemption or Notice of Determination and proof of payment of applicable California Department of Fish&Wildlife fees. See Attachment 6 for copies of the environmental documentation. FEE AGREEMENT AND VOLUNTARY INDEMNIFICATION AGREEMENT All applications must include signed Fee Agreement and Voluntary Indemnification Agreement forms, which are located at www.mendolafco.org/aoplic.ation-materials. FEES V - Per the Mendocino LAFCo Fee Schedule,deposits toward the actual cost of processing proposals must be paid at the time an application is submitted. All deposits are initial payments toward the actual costs of processing proposals, including staff time and materials (e.g., noticing, postage, copying). In signing the Fee Agreement and Voluntary Indemnification,the applicant consents to reimburse LAFCo for all costs incurred in processing,including pre-application assistance. CERTIFICATION The undersigned hereby certifies that all LAFCo filing requirements will be met and that the statements made in this application are complete and accurate to the best of my knowledge. (Signature) (Date) Print or Type Name: Daytime Telephone: Email: City of Ukiah OUT OF AREA SERVICES AGREEMENT APPLICATION Attachment 1 List of Properties and Landowners APN Address Landowner Size Proponent Current 1 Proposed Acres Use 170-210-01 401 Ford Rd LS Fields LLC t8.32 John Stran io Vacant/Unknown 170-200-03 410 Ford Rd Miguel Merino t4.60 Richard Ruff Commercial 1 Commercial 170-200-04 420 Ford Rd Miguel Merino t5.00 Richard Ruff Vacant/Unknown 170-200-05 430 Ford Rd Miguel Merino t5.00 Richard Ruff Vacant/Unknown 170-200-06 440 Ford Rd Miguel Merino t5.10 Richard Ruff Vacant/Unknown 170-200-07 450 Ford Rd Miguel Merino t3.80 Richard Ruff Vacant/Unknown 170-200-08 460 Ford Rd Miguel Merino t4.20 Richard Ruff Vacant/unknown 170-200-09 470 Ford Rd LS Fields LLC t5.60 John Stran io Vacant I Unknown 170-200-18 550 Ford Rd William Resnick ±10.63 Andrew Green Vacant/Unknown 170-180-08 780 Ford Rd Michael Milovina ±13.20 Michael Milovina Vacant/Unknown 170-180-13 585 Kunzler Ranch Rd Daniel Thomas ±17.21 Edie Lerman; Vacant/Unknown Thomas Carter 170-180-14 611 Kunzler Ranch Rd Daniel Thomas ±24.00 Daniel Thomas Vacant/Unknown 169-130-76 1 251 Carter Ln Andrew Nicoll ±17.90 Andrew Nicoll Underutilized/Unknown Attachment 2 After recording, return to: Exempt from fees per Gov Code 6103 Mendocino Local Agency Formation Commission 200 S School Street Ukiah,CA 95482 LANDOWNER OUT OF AREA SERVICE AND ANNEXATION CONSENT AGREEMENT AND COVENANT Address being served: Assessor Parcel No.: ( "the Property," Legal description in Attachment 1.) Owners: Parties to Agreement: Owners Ukiah Valley Sanitation District (District) City of Ukiah (City) Mendocino County Local Agency Formation Commission (LAFCO) By this Agreement: 1. Owner agrees to apply to District for sewer service to the Property. Owner agrees to comply with District's ordinances and policies governing the extension and provision of such service, including applicable costs and fees. 2. District agrees upon approval of this Agreement by LAFCO to provide sewer service to the Property in compliance with its duly adopted policies and ordinances. 3. Owner consents to and agrees to support the City's annexation of the Property in compliance with Attachment 2. 4. Term of Agreement. This Agreement remains in effect until annexation of the Property by the City is final at which time this Agreement is terminated. AGREEMENT EFFECTIVE UPON LATEST NOTARIZED SIGNATURE DATE ON PAGE 2. 1 SIGNATURE PAGE OWNER(S) The undersigned hereby certify to be all the Owner(s)of the Property described in Attachment 1,the only person(s)whose consent is necessary to pass title to said real property, and to have consented to the annexation of said real property to the City of Ukiah. Signature: Printed Name: Dated: Signature: Printed Name: Dated: Signature: Printed Name: Dated: UKIAH VALLEY SANITATION DISTRICT By: Dated: Ernie Wipf,Chairman CITY OF UKIAH By: _-- __-- -- Dated: Sage Sangiacomo,City Manager MENDOCINO LOCAL AGENCY FORMATION COMMISSION Executed by: Printed Name: Dated: *Signatures to be acknowledged 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy,or validity of that document. State of California County of 1 On before me, (insert name and title of the officer) personally appeared Who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s).or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 3 ATTACHMENT 1 [LEGAL DESCRIPTION OF PROPERTY] a ATTACHMENT Z CONSENT TO ANNEXATION a) Consent Petition to Future Annexation. Owner consents to and petitions for the annexation of the Property by the City of Ukiah, understanding that upon annexation, the Property and its Owners will become subject to City ordinances and other duly adopted regulations and policies, including the taxes, assessments and fees that the City imposes on property in the City. 2) Binding on Successors in Interest. This consent shall be a covenant running with the land that is binding on anyone acquiring an ownership interest in the Property. 3) Tenants to be Bound. All existing or future leases, rental agreements, or other agreements providing a right to use or occupy the Property shall contain the following covenant: "This agreement and the right of lessee or tenant to possess and occupy the property is subject to the Annexation Agreement recorded as Mendocino County Document No. on , 202 . By its terms that agreement is binding on tenants or anyone else with a right to use or occupy the property under this lease." 4) Consequences of Breach. Owner and LAFCO agree that if Owner or anyone succeeding to Owner's interest in all or any portion of the Property protests annexation of all or any portion of the Property by the City, LAFCo and the City shall be entitled to take the following actions: a) LAFCo shall treat this consent as the binding decision and action of the Owner for all purposes under the Cortese Knox Hertzberg Act (Government Codes Section 56000 et seq.) and any objection or protest shall be null and void and may be disregarded by LAFCO in determining objections and/or the value of all protests to such annexation. b) In addition to the above, if deemed necessary, LAFCO and the City may specifically enforce this agreement and covenant against Owners or their successors in the state courts of Mendocino County. 5 Attachment 3 COU No.2122-243 AGREEMENT BETWEEN THE UKIAH VALLEY SANITATION DISTRICT AND THE CITY OF UKIAH REGARDING PROVISION OF INTERIM SEWER SERVICES AND OUT OF AREA SERVICE AGREEMENTS This Agreement Regarding Out of Area Service A reernents and Interim Sewer Services ("Agreement") is made and entered into this Jbm day of JUW , 2022, by and between the UKIAH VALLEY SANITATION DISTRICT, a county sanitation district organized under the laws of the State of California ("District") and the CITY OF UKIAH, a California municipal corporation ("City"). District and City are individually referred to as a "Party" and together as the "Parties." RECITALS WHEREAS, the Parties provide sewer services within their respective jurisdictions and have received requests to extend sewer service to various properties outside of their jurisdictional boundaries; and WHEREAS, under Government Code section 56133,the Mendocino Local Agency Formation Commission ("LAFCo") may authorize a district to provide services outside its boundaries and sphere of influence ("SOI") pursuant to a written out of area service agreement ("OASA"); and WHEREAS, the Parties desire to provide sewer service to those properties; and WHEREAS, the City has submitted an annexation application to the Mendocino Local Agency Formation Commission (LAFCo) to annex City-owned properties in five areas within Mendocino County and a pre-application for the proposed annexation of areas north of Ukiah (Masonite/Ford Road area), and desires to annex other areas within the County, including the District (collectively referred to in this Agreement as "City Annexations"); and WHEREAS, LAFCo is developing the Municipal Service Review (MSR)/SOI Update Study for LAFCo consideration of City and District proposals for annexations and/or extensions of service; and WHEREAS, the Parties desire to enter into this Agreement regarding (1) the provision of interim sewer services for properties requesting out of area service until (1) the area upon which those properties are situated are annexed by the City or(2)the City annexes sufficient additional portions of the District to qualify the District for reorganization as a subsidiary district of or merger with the City under applicable provisions of the Cortese—Knox—Hertzberg Local Government Reorganization Act of 2000 ("CKH Act"), including Government Code §57105 and (ii) the terms under which both Parties are willing to support City annexation. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, and subject to the terms, conditions, and provisions hereof, the Parties hereto agree as follows: AGREEMENT 1. Incorporation of Recitals. The recitals set forth above are hereby Incorporated Into this Agreement as if set forth herein in full. 2. Term. The term of this Agreement shall commence on June, 2022 ("Commencement Date") and continue in effect until (1) the District becomes either a subsidiary district within the City or the District is merged with the City pursuant to Government Code Section 57105 or other applicable provisions of the CKH Act or state law, (2) the entire District is annexed by and detached from the City, (3) either the City or the District cancels this Agreement on 5 year's prior written notice to the other party, or(4) both the City and District mutually agree to terminate this Agreement. 3. Sewer Service. Until such time as the earliest of the following occurs, District shall have first rights of refusal to provide, at its sole discretion, sewer service to the areas outside the City's and District's jurisdictions: (1) the area is annexed to City; or (2) the Parties mutually agree otherwise. Said sewer service shall be at the same level of service as that provided throughout the District. 4. Mutual Cooperation A. Out of Area Service Agreement (OASA). The City, as the applicant for annexation, shall prepare OASAs at the direction of the District to serve areas where development could occur with sewer services. The City shall submit sewer service related OASAs to the District for review and approval prior to filing with LAFCo. This Agreement and any OASA related tax sharing agreement with Mendocino County shall be attached to and incorporated by reference into any OASA submitted to LAFCo under this Agreement. The District shall reimburse the City for costs the City incurs to file the OASA, and the District may recover those costs from the property owners that request and receive out of area sewer service. For OASAs approved by LAFCo under this Agreement, the District shall collect all fees associated with providing such services from sewer customers of the affected parcels. During the term of this Agreement, the District shall be responsible for all costs associated with providing such services. B. The City agrees that it will not apply to LAFCo for detachment of District territory from the City's jurisdictional boundaries as those boundaries currently exist or as they are changed by future City Annexations. L C. District agrees to support City Annexations and to work cooperatively with City regarding revisions to the City's General Plan, Municipal Service Review and Sphere of Influence necessary or advisable to enable City Annexations and not to propose or seek LAFCo approval for or support proposed provisions in the District's MSR or SO[ that would inhibit, conflict with, or prevent such City Annexations andlor reorganizations, as described in this Agreement. D. Pursuant to Government Code Section 57105 or other applicable provisions of state law,the District will support and urge LAFCo to approve either designating the District as a subsidiary district of the City or merger of the District with the City at such time as 70% or more of registered voters in the District are within the City limits and 70% of the area of land within the District is within the City's jurisdictional boundaries or when those reorganizations are otherwise authorized by state law. E. The District will support and cooperate with the City in seeking special legislation to amend the CKH Act to authorize merger of the District with the City when 70% or more of registered voters in the District are within the City limits without regard to the area of District land that is within the City, subject to reasonable conditions that are agreeable to both parties. 5. Indemnity. Neither Party, its officers, agents or employees, shall have any liability for intentional or negligent acts, by omission or commission, by the other party, or of any officer, agent or employee thereof. Each Party shall indemnify, defend and hold the other party, including their respective officers, agents, employees and independent contractors, harmless from any claim or action arising out of performance of this Agreement with respect to any work to be performed by or authority delegated to such party. 6. Modification and Termination. This Agreement may not be modified, terminated or rescinded, in whole or in part, except by a written instrument duly executed and attested by the Parties hereto or their successors or assigns. 7. Governinci Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8. Notices. All notices to be delivered hereunder, if personally delivered, shall be deemed received when delivered. If mailed in the United States mail, notices shall be mailed postage prepaid, registered or certified, with return receipt requested, and shall be deemed delivered on the date stated on the return receipt. If mailed in any other manner, including by email with acknowledgment of receipt, notices shall be deemed received on actual receipt. Notices shall be mailed in the above manner to the following addresses: UKIAH VALLEY SANITATION DISTRICT 151 Laws Avenue Ukiah, CA 95482 Attn: General Manager Email: aauvsd.org CITY OF UKIAH City of Ukiah Civic Center 300 Seminary Avenue Ukiah, CA 95482 Attn: City Manager Email: cityclerk(a)-cityofukiah.com Either Party may from time to time change its address for notice by notifying the other party of such new address. 9. Entire_ Agreement. This instrument and any authorized attachments thereto contains the entire Agreement between the Parties relating to the obligations of the City and District as described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. 10 Waiver. Failure of any Party to insist upon strict performance of any of the terms, conditions or covenants in this Agreement will not be deemed a waiver of any right or remedy that Party may have and will not be deemed a waiver of any right or remedy for a subsequent breach or default of the terms, conditions or covenants contained in this Agreement, nor will it constitute a precedent for interpretation of this Agreement. 11. �qeverability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction,the remainder to this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 12. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile or electronic signatures will be permitted. 13. Authority to Execute Agreement. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that, by so executing this Agreement, the parties hereto are formally bound to the provisions of this Agreement. 14. No Third Party Beneficiaries Intended. No person or entity not a named party to this Agreement is intended as a beneficiary of any provision of this Agreement or to have any standing or authority to enforce any provision of this Agreement. No such third-party beneficiaries are intended or created. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. UKIAH VALLEY SANITATION DISTRICT CITY OF UKIAH LX414�a VJ&Va4S4 .,, Ernie Wipf, Chair, rd of Directors r6n, Mayor ATTEST: ATTEST Maine Lawler(Jun 20,202214.04 POT) else eague oa7retary Kristine Lawler, City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: J na Gin, General Counsel David Rapport, City Attorney Attachment 4 I IR � .. �M 4aREEK ROM I _ £� 51 L / 4 `_ E -i-ta M•._ � •.. 'wc auRe RuaaN1910R S Talmage Ut CIIEKRa `L r•'`'i 1 L Ukiah Valley ©uwh V*Ney SanKetion Olsvla -Highways 04 of Ukiah -Rae& Sanitation District iwP by M b..e.Y�b G•+Rr R+wwnw a.�ww wa I+..,wi a.b:.Mz un>sa o 000 IbY TKY iwpb nol•wKwy gMutt�n/�hwM nal M wW b MYmiw YYM MnbM� ®Pwl Attachment 5 tr 4 r G cOYbi II ! 'O 9• Fii .'Eery • � _ , �� # [sgl f¢ DAM T `S sl R �• BfR�Sta 6�lLN!AY€46.VA7lQN r$1.it .AA iw QUIVILLE •`+ _ PARCELS PROPOSED = i; • �. ? "'t om ok FOR OUT-OF-AREA SERVICE AGREEMENT WITH +wee r e11 • - UKIAH VALLEY SANITATION DIST, �''r'' t• I 5 _ ���� } to `y4 r[1 ems, ti n Ln + . 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