HomeMy WebLinkAboutFrazee, Edwin H; 1961-04-07;1
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AGREEMENT
THIS AGREEMENT made and entered into this 7th day of April, 1961, by
and between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district organized under the Municipal Water District Act of 1911 of State of
California, as amended, hereinafter referred to as "District", and EDWIN H.
FRAZEE, a married man, hereinafter referred to as "Owner"
WITNESSETH
WHEREAS, Owner has constructed a certain water pipeline extension for
the use and delivery of water within 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 •£ District.
NOW THEREFORE, it is agreed between the parties hereto as follows:
1. The said pipeline and all improvements and appurtenances connected
therewith, hereinafter called "pipeline", consists of an undivided one-half
interest in a 117 foot extension to the Westerly end of main transmission main
of improvement district No. 2, of Carlsbad Municipal Water District.
2. The ownership of said pipeline and all improvements and appurtenanc
connected therewith is hereby vested in District.
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 connected with the
construction of said pipeline.
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4. District hereby agrees to pay to Owner fifty per cent (50%) of the
actual water consumption charges received by the District from the sale and de-
livery of water through said pipeline, between the end of this particular pipeline
installation, as described above or as shown in the plans and specifications
thereof and on file in the office of the District and the connection of said line with
the District's main transmission line, subject to the following terms and con-
ditions :
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hereinbefore described.
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d. No interest on any sum or any other charge shall be payable
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a. The sum to be paid to the Owner if any one year shall not
exceed twenty per cent (20%) of the total actual cost of the
said pipeline as set forth in this agreement.
b. The District shall continue to make said payments to Owner,
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,
whichever event occurs first.
c. There shall be no obligation on the part of District to pay
any sum of money to Owner except from the sale of water
sold and delivered through meters connected to the line as
by District.
Said payments shall be made by the District annually on July 20th of each year
until termination of the obligation of the District to pay as hereinbefore set forth;
except that the first payment covering the period from the completion of the
installation of the pipeline to the first day of the month in which this contract is
executed shall be paid by District upon execution of the agreement.
5. The agreed total 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 Five Hundred Fifty Three and
54/100 Dollars ($553.54).
6. 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 a period 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.
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7.. This agreement may be recorded in the office of the County Recorder
of San Diego County upon its execution by all parties hereto.
8. This agreement is binding upon the parties hereto, their heirs,
executors, legal representatives, assignees, or transferees, and its provisions,
other than repayment provisions, shall be subject to the rules and regulations,
ordinances 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
Municipal Water District and of
DISTRICT
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the Board of Directors thereof
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ATTEST:
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of Directors thereof
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(SEAL)
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^ .^
EDWIN M. FRAZEE £J>
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Secretary of Carlsbad Municipal
Water District and of the Board
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On
ss.
1 ±, 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.
Notary Public in and for saidCpunty
and State
t
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
ss.
, before me, the undersigned, a
Notary Public in a&a for said County and State, personally appeared EDWIN H.
FRAZEE, known to me to be the person whose name is subscribed to the
within instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
County and State~
My Commission Expires Mar. 30, 19 d> \o
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