HomeMy WebLinkAboutCarlsbad Municipal Water District; 1970-04-03;__.._ ...„_„ _
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:• AGREEMENT
THIS AGREEMENT made this 3rd day of April, 1970, between CITY
OF CARLSBAD, hereinafter referred to for convenience as "CITY", and
CARLSBAD MUNICIPAL WATER DISTRICT, hereinafter referred to for con-
venience as "DISTRICT". .
WITNESS.ETH
WHEREAS, there is pending a proposed annexation to CITY, of
approximately 293 acres identified as Proposal 70-5 CA, "H.B. DEVELOP-
MENT CO. ANNEXATION" 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 is to be held at the
regular meeting of the Local Agency Formation Commission, San Diego
County, on April 7, 1970; and
WHEREAS, the said Local Agency Formation Commission desires an
agreement on the water service for said annexation; and
WHEREAS, the CITY has previously adopted Ordinance No. 9245
that adopts specific plans for THE ANNEXATION and provided in part that
water service shall be provided by the DISTRICT; and
WHEREAS, both parties have been and are now diligently attempt-
ing to work out a satisfactory agreement to settle any and all possible
conflicts on water service by either party; and
WHEREAS, all parties' to this agreement and the developer would
like for THE ANNEXATION to be approved by the said Local Agency
Formation 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
Commission to work out a satisfactory agreement to settle any and all
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possible conflicts on water service between the parties; and
WHEREAS, the parties to this agreement desire to settle the
problem on THE ANNEXATION, to the satisfaction of the parties to
this agreement, and the developer of the real property involved and
the Local Agency Formation Commission; and
WHEREAS, the parties to this agreement desire that the action
•agreed to for THE ANNEXATION does not and will not constitute a pre-
cedent for any negotiations to work out a satisfactory agreement to
settle any and all possible conflicts on water service between the
parties; and
WHEREAS, the parties to"this agreement desire that the action
agreed to for THE ANNEXATION does not and will not constitute a
waiver by either of the parties of any of their rights during any
negotiations to work out a satisfactory agreement to settle any and all
possible conflicts on water service between the parties.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
.1. CITY agrees that water service to THE ANNEXATION shall be
supplied by DISTRICT from existing water system facilities
of DISTRICT.
2. CITY agrees to supply any and all other available municipal
services to THE ANNEXATION.
3. Both parties will proceed diligently to work out a satis-
factory agreement to settle any and all possible conflicts
on water service between CITY and DISTRICT.
4. This Agreement shall not constitute a precedent for any
negotiations between the parties to work out a satisfactory
agreement to settle any and all possible conflicts on water
service between the parties.
5. This Agreement shall not constitute a waiver by either of
the parties of any of their rights during any negotiations
to work out a satisfactory agreement to settle any and all
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.possible conflicts on water service between the parties.
6. :Each party to this agreement will take any other necessary
action to carry out this agreement.
IN WITNESS WHEREOF, each of the parties hereto has caused this
Agreement to be executed by their respective officers theretofore duly
authorized.
CITY OF CARLSBAD
By:
By •~7/f,/&*.*04,
CARLSBAD MUNICIPAL WATER DISTRICT
Mayor 'f-President
Clerk Secretary
Date of execution y7;Date of execution:
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