HomeMy WebLinkAboutCarlsbad Municipal Water District; 1969-03-19; (5)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".
WITNESSETH
WHEREAS, CITY has previously applied for a wholesale water
.connection known as "May Company Shopping Center - Wholesale Water
Connection", by letter of June 28, 1966, said application and ex-
hibits incorporated herein by reference; and
WHEREAS, CITY has prepared plans and specifications for the
construction of certain pipelines and metering stations, identified
as "CITY OF CARLSBAD - WHOLESALE CONNECTION, Drawing No. 67-002,
Rancho Line 10 x 4 and 10" Regulating and Metering Stations",
hereinafter for convenience referred to as "Plans"; and
WHEREAS, DISTRICT has approved said application and Plans;
and
WHEREAS, CITY has constructed the improvements set forth in
said Plans, with the exception of the underground electrical service
to the metering station set forth on said Plans; and
WHEREAS, DISTRICT has approved the construction of the said
improvements made by the CITY; and
WHEREAS, CITY desires to transfer the said improvements to
DISTRICT, under certain terms and conditions; and
WHEREAS, DISTRICT desires to accept the said improvements and
the obligation for the maintenance and repair of said improvements,
under certain terms and conditions.
NOW, .THEREFORE, IT IS AGREED:
1. CITY transfers to the DISTRICT all right, title and interest
of CITY in the improvements installed by CITY under the Plans
1 -
c
2. CITY certifies that any and all claims -for any labor,
material or any construction costs connected with said
improvements have been paid, so that there are no encum-
brances on said improvements.
3. DISTRICT agrees, to accept said improvements installed
by CITY under the Plans.
4. DISTRICT agrees, after the date of this Agreement, to be
responsible for all repairs, maintenance or replacement
of any of said improvements installed by CITY under the
Plans.
5. DISTRICT agrees, after the date of this Agreement, not to
remove the existing service or discontinue permanently the
said service without prior consent of CITY. In making this
commitment DISTRICT reserves the right to determine that
CITY is meeting all the requirements of DISTRICT in refer-
ence to water being served through the said service.
6. It is also agreed that if at any time in the future the
CITY or any governmental agency determines that it is
necessary for the present overhead electrical service to
the metering station be replaced with an underground elec-
trical service, any costs connected with said underground
electrical service shall be paid by the CITY.
IN WITNESS WHEREOF, each of the parties hereto has caused this
instrument to be executed by their respective officers theretofore
duly authorized as of the date first above written.
CITY OF CARLSBAD
By i
Mayor
City Clerk
CARLSBAD MUNICIPAL WATER DISTRICT.
- 2 -
Secretary