HomeMy WebLinkAboutCarlsbad Municipal Water District; 1969-03-19;1
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AGREEMENT
THIS AGREEMENT made this 19th day of March , 1969,
between CITY OF CARLSBAD, hereinafter referred to for convenience
as "CITY", and CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter
referred to for convenience as "DISTRICT".
YflTNESSETH
WHEREAS, there is pending a proposed annexation to CITY, being
a portion of Lots E, F, and I of Rancho Agua Hedionda and identified
as CA 69-2, Proposed "East Carlsbad Annexation No. 2.9" to City of
Carlsbad, by the Local Agency Formation Commission, San Diego
County, hereinafter referred to for convenience as "THE ANNEXATION"
and
WHEREAS, a public hearing on THE ANNEXATION was held at the
regular meeting of the Local Agency Formation Commission, San Diego
County, on March 4, 1969; and
WHEREAS, the action of the said Local Agency Formation
Commission, was to continue the matter until the next meeting of
the said Commission in April, 1969, to allow time for CITY and
DISTRICT to try to settle the. matter of conflict of water service;
and
WHEREAS, both parties to this agreement are desirous of
working out a satisfactory agreement to settle any and all possible
conflicts on water service by either party; and
WHEREAS, all parties to this agreement, the developer and
Sellers of the real property involved, would like for THE
ANNEXATION to be approved by the said Local Agency Formation"
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Commission to allow the property involved to be developed as
planned as soon as possible; and
WHEREAS, the parties to this agreement will not have sufficient
time before the next meeting of"the said Local Agency Formation
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commission to work out a satisfactory agreement to settle any and
2 all possible conflicts on water service between the parties; and
5 WHEREAS, the parties to this agreement desire to settle the
4 problem on THE ANNEXATION, to the satisfaction of the parties to
5 this agreement, the developer, the sellers of the real property
g involved and the Loc.al Agency Formation Commission; and
7 WHEREAS, the parties to this agreement desire that the action
3 agreed to for THE ANNEXATION does not and will not constitute a
9 precedent for any negotiations to work out a satisfactory agreement
10 to settle any and all possible conflicts on water service between
11 the.parties^ and
12 WHEREAS, the parties to this agreement desire that the action
13 agreed to for THE ANNEXATION does not and will not constitute a
14 waiver by either of the parties of any of their rights during any
15 negotiations to work out a satisfactory agreement to settle any
16 and all possible conflicts on water service between the parties.
17 NOW, THEREFORE, IT 1^ AGREED AS FOLLOWS:
18 1. CITY agrees that water service to THE ANNEXATION shall be
19 supplied by DISTRICT from existing water system facilities
20 of DISTRICT.
21 2. CITY agrees to supply any and all other available municipal
22 services to THE ANNEXATION.
23 3. DISTRICT will advise the Local Agency Formation Commission
24 that the terms and conditions of this 'agreement will satisfy
25 the policy objectives of the DISTRICT, stated in their prior
26 letter of February 25, 1969 to the said Commission.
27 4. Both parties will proceed diligently to work out a satis-
28 factory agreement to settle any and all possible conflicts.
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29 on water service between CITY and DISTRICT.
30 5. This Agreement shall not constitute a precedent for any
31 negotiations between the parties to work out a satisfactory
32 agreement to settle any and all possible conflicts on water
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1 service between the parties.
2 6. This Agreement shall not constitute a waiver by either of the
3 parties of any of their rights during any negotiations to work
4 out a satisfactory agreement to settle any. and all possible
5 conflicts on water service between the parties.
6 7. Each party to this agreement will take any other necessary
? action to carry out this agreement.
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9 IN WITNESS WHEREOF, each of the parties hereto has caused this
1-0 agreement to be executed by their respective officers theretofore
3-1 duly authorized as of the date first above written.
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13 CITY OF CARLSBAD CARLSBAD MUNICIPAL WATER DISTRICT
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15 ^^.^.^ .,, ...^
Mayor16
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tQ y * f/__ L f^~^f~*'JL L^r t-^-"" >•" fj • L_^-l--£~**^*J*.t*'-*v~^' " y " s '' ^ "~—"> \ .s ^ ^ ~ *- "-'„..'AO (~fl^Clerk Secretary
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