HomeMy WebLinkAbout2500 Navarra Investments; 1975-05-13;AGREEMENT
THIS AGREEMENT, made this \j ^ day of
1975, between CARLSBAD MUNICIPAL WATER DISTRICT, a'municipal water
district, hereinafter for convenience referred to as "DISTRICT",
and 2500 NAVARRA INVESTMENTS, A LIMITED PARTNERSHIP, hereinafter
for convenience referred to as "NAVARRA".
WITNESSETH
WHEREAS, NAVARRA has constructed a public water system facility
for Carlsbad Tract No. 72-33 in accordance with the plans and speci-
fications identified as "Water System Plan for 2500 Navarra", pre-
pared by Toups Engineering, Inc., approved April 16, 1973, said
plans signed by Richard G. Grabhorn, R.C.E. 19375, said plans and
specifications incorporated by reference; and
WHEREAS, the construction of said public water system facilities
extends from the existing facilities of DISTRICT along the property
line of property not belonging to NAVARRA; and
WHEREAS, the construction of said public water system facilities
results in excess capacity for future water service to properties
which are not part of Carlsbad Tract No. 72-33; and
WHEREAS, under Ordinance 26 - Article VI, the DISTRICT and an
applicant can enter into a reimbursement agreement for the recovery
of expenses for excess capacity; \
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. The parties agree that the public water system as outlined
in Exhibit "A" is subject to reimbursement in the total
potential amount of $5,200.00.
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2. Pursuant to Ordinance No. 26 - Article VI, Section 13,
the DISTRICT has determined that a connection fee of One
Hundred Dollars per living unit for any new construction
upon the properties as identified in Exhibit "A" is appropriate
for the benefits to be received.
3. The DISTRICT has collected a sum total of $3,400.00 and
therefore shall pay that sum to NAVARRA.
4. The DISTRICT shall reimburse NAVARRA the sum of $1,800.00
as received by the DISTRICT from time to time until such
time as one of the following events has occurred:
a. NAVARRA has received the sum of $1,800.00, or
b. Ten (10) years has expired from the date of acceptance
of the certification of dedication of said pipeline by
the DISTRICT Board of Directors.
The following conditions shall apply to the reimbursements
by the DISTRICT:
a. Payments shall only be made to the applicant or designee,
at such address as shall have been filed with DISTRICT,
by NAVARRA for such purpose.
b. No interest shall accrue to NAVARRA on any sums unreimbursed.
c. Any applicable terms of Ordinance 26 of DISTRICT shall
apply to this agreement.
5. This agreement shall be binding upon the assigns of the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment the day and year first above written.
DISTRICT
CARLSBAD MUNICIPAL WATER DISTRICT
NAVARRA
250 IMITED PARTNERSHIP
Fred W. Mae/lfie, President
By.w.D. Carmchael , Secretary
By
Praver Br^os. Investments, A
Partnership - General Partner
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