HomeMy WebLinkAboutAyres, Frank H & Olton, Gordon D & Escota, Jesus; 1961-03-07;1
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AGREE ME NT
THIS AGREEMENT made and entered into this 7th day of March, 1961,
by and between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district organized under the Municipal Water District Act of 1911, as amended,
of State of California, hereinafter referred to as "District" and FRANK H. AYREJS
& SON, a corporation, GORDON D. OLTON, JESUS ESCOTA, RUEHLING A.
PARCHEN, PATTY, ro, TITiH", JOHN E. ARNOLD and RANCHO LA COSTA, a
limited partnership, hereinafter referred to as "Owner".
WITNESSE TH
WHEREAS, Owner has ««nstructed a certain water pipeline extension for
the use and delivery of water with the boundaries of District; and
WHEREAS, Owner has requested that District accept ownership of said
water pipeline and Owner has complied or hereby agrees to comply with all con-
ditions required by said District; and
WHEREAS, the Board of Directors has approved the construction of said
water line, has approved the District Engineer's recommendations, and has
determined that said pipeline will constitute a portion of the District's primary
or basic distribution system, and
WHEREAS, the parties hereto desire to enter into an agreement for re-
imbursement to Owner for cost of said pipeline or a portion thereof, as provided
by the ordinances, rules and regulations of District.
NOW THEREFORE, it is agreed between the parties hereby as follows:
1. The said pipeline and all improvements and appurtenances connected
therewith, hereinafter called "pipeline", are described in detail on the plans
and specifications for said pipelineon file with the District and entitled "Mesa
Line Extension", said plans and specifications incorporated herein by reference.
The center line of said pipeline is described in Exhibit A attached hereto and
incorporated herein.
2. The ownership of said pipeline and all improvements and appurtenance
connected therewith is hereby vested in District.
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9 of said pipeline as constructed.
10 3. Valid easements for pipe line purposes in favor of the
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3. Owner states that all the costs connected with the installation of said
pipeline are fully paid and Owner hereby agrees to hold District free and harm-
less from any claims, demands, or costs arising out of or in connection with the
construction of said pipeline.
4. Owner states that he has supplied to the District or herein agrees to
supply to the District the following:
1. Three copies of the "as built" drawings of the said
pipeline endorsed by a registered civil engineer of
the State of California.
2. Three copies of the legal description of the center line
District over and across the land that said pipeline is
constructed.
12 5. District hereby agrees to pay to Owner fifty per cent (50%) of the
13 actual water consumption charges received by the District from the sale and de-
14 livery of water through said pipeline, between the en d of this particular pipe-
15 line installation, as described above or as shown in the plans and specifications
16 thereof and on file in the office of the District and the connection of said line with
17 the District's main transmission line, subject to the following terms and con-
18 ditions:
19 a. The sum to be paid to the Owner in any one year shall not
20 | exceed twenty per cent (20%) of the total actual cost of the
said pipeline as set forth in this agreement.
21 b. The District shall continue to make said payments to Owner,
22"
23..whichever event occurs first.
24 c. There shall be no obligation on the part of District to pay
25"
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for a period of ten (10) years from completion of the
installation of the pipeline or until the actual cost of the
said pipeline as set forth in this agreement has been paid,
any sum of money to Owner except from the sale of water
sold and delivered through meters connected to the line as
hereinbefore described.
d. No interest on any sum or any other charge shall be payable27by District.
28 Said payments shall be made by the District annually on July 20th of each year
29 until termination of the obligation of the District to pay as hereinbefore set forth;
30 except that the first payment covering the period from the completion of the
31 installation of the pipeline to the first day of the month in which this contract is
32 executed shall be paid by District upon execution of the agreement and submissior
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and acceptance of the items to be supplied by Owner as set forth in 4 above.;
6. The agreed t»tal actual cost of said pipeline to be reimbursed in
accordance with the terms and conditions of this agreement and the ordinances ,
rules and regulations of the District is the sum of Seventeen Thousand Eight
Hundred Sixty-Eight and 72/100 Dollars ($17, 868. 72).
7. It is understood that by all parties constituting the Owner that ordin-
ance 10 of the district provides that in the event there is more than one owner
that contributes to a line, the contract shall be joint as to the obligation of the
District to make repayment and it shall be the obligation of the Owners to divide
the yearly payment from the district as between themselves. The parties con-
stituting the Owner have entered into an agreement whereby all payments due
from the district are to be paid to FRANK H. AYBES & SON, a corporation,
which corporation has accepted the responsibility on behalf «f all parties con-
stituting the Owner to make the division of the proceeds under this agreement
to all parties constituting the Owner. By execution of this agreement, all parties
constituting the Owner authorize and direct the District to make all payments
due under this agreement from the District to Owner to FRANK H. AYRES &
SON, a corporation and further relieve the District of any further responsibility
for payment of proceeds under this agreement upon payment of the proceeds as
hereinbefore set forth.
8. Owner understands and agrees that in accordance with the provisions
of Section 17B9 of Ordinance 10 of the District, it is the duty of Owner to keep
the District informed of any change of address and of his correct address at all
times. Any deposit left unclaimed with the District, or any repayment due from
the District and left unclaimed for aperiod of three years from the date of said
deposit or repayment is due to any individual, shall revert to the District, as
payment of expense of bookkeeping and overhead and shall be deposited in the
general fund of the District.
9. This agreement may be recorded in the office of the County Recorder
of San Diego County upon its execution by all parties hereto.
10. This agreement is binding upon the parties hereto, their heirs, execu-
tors, legal representatives, assignees, or transferees, and its provisi®ns, other
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than repayment provisions, shall be subject to the rules and regulations, ordin-
ances and resolutions of the District as adopted from time to time.
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
CARLSBAD MUNICIPAL WATER
DISTRICT
ATTEST:
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof.
(SEAL)
WITNESS:
resident of ttie Carlsbad
Municipal Water District/and of th
Board of Directors thereof.
RANCHO LA COSTA,
a Limited Partnership
LDB.
General Partner
FRANK H. AYRES & SON,
a corporation
GORDON D. OLTON
e f> c^'&ff&&Ai (^^
f) p* ^r? /° P
/\~**-^^V*-s£*l-<t*4*'(f V_^ A / CXxt_ C^ pt-4-^nfc^
RUEHLING^A. PARCHEN
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nv\ ^t^-^^s.
JOHN ET ARNOLD
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STATE OP CALIFORNIA
COUNTY OF SAN DIEGO
ss.
On MAY 1 0 1961 before the undersigned, a Notary
Public in and for said County and State personally appeared ALLAN O. KELLY
known to me to be the President and RICHARD R. COE, known to me to be the
Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT and of the Board
of Directors thereof, the District that executed the within instrument, and known
to me to be the persons who executed the within instrument on behalf of the
CARLSBAD MUNICIPAL WATER DISTRICT and acknowledged to me that such
CARLSBAD MUNICIPAL WATER DISTRICT executed the within instrument pur-
suant to a resolution of its Board of Directors.
WITNESS my hand and official seal.
t-Notary
and State
STATE OF CALIFORNIA
COUNTY OF LOS,'ANGELES:
<J (_0, ^ ^..^_^
blic in and for said County''
ANN E. DANES
CCM.YuvCION EXPIRES OCT. 17,
ss.
On April 27,1961 before me, the undersigned, a Notary
Public in and for said County and State, personally appeared DONALD B. AYRES,
known to me to be one of the partners of the Partnership that executed the
within instrument and acknowi edged to me that such Partnership executed the
same.
WITNESS my hand and official seal.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
Notary Public in and for said County
and'State
MILDRED D. GETMAN
My Commission Expires Aug. 27, 196l
SS.
On April 27,1961 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Donald B.Ayres
known to me to be the President and Ellis A. Burae
known to me to be the Secretary of the corporation that
executed the within instrument, and known to me to be the persons who executed
the within instrument on behalf of the corporation therein named, and acknowledg
to me that such corporation executed the within instrument pursuant to its By-
Laws or a Resolution of its Board of Directors.
WITNESS my hand and official seal.
Notar¥ Public in and for said County
and State.
MILDRED D. GETMAN
My Commission Expires Aug. 27, 1961
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
On this 2nd day of May, 1961, before me, a Notary Public in and for said
County and State, residing therein, duly commissioned and sworn, personally
appeared LYLE E., BONN known to me to be the person whose name is sub-
scribed to the within instrument, as a Witness thereto, who being by me duly
sworn, deposes and says:
That he was present and saw GORDON D. OLTON, JESUS ESCOTA,
RUEHLING A. PARCHEN, and JOHN E. ARNOLD, personally known to him to be
the same persons whose names are subscribed to the within and annexed
Instrument, execute and deliver the same, and they acknowledged to said affiant
that they executed the same; and that said affiant subscribed his name thereto
as a Witness.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
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<f-
Notary Public in and for said County
and State.
ANN E. DANES
i/N COMMISSION EXPIRES OCT. 17,