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HomeMy WebLinkAboutHarbor Villas; 1956-02-20;/s THIS AOaEEMEHT made this 20th day of February, 1956, between the CARLSSAO miTUAL WATEI cmPMTf^ a corporation, hereinafter called th© First Party, and HARBGa VII.I.AS, a co»partn@rehip, 3S1B Bendini Boulevard, Los Angeles 23, California, hereinafter called the Second Party, vdtnesseth that W^EAS, First Party is engaged in the business of furnishing water to its shareholders at cost? and Second Party is the owner of 6.425 shares of First Partys and Second Party desires First Party to furnish water to and for use on the land owned by Second Party which land is described on the appended description, which appended description is made a part hereof as if fully set forth herein; and on Certificate NOo 11698; and WERBAS in order for First Party to furnish and supply adequate water to said land, it will be necessary for First Party to construct and install a pipeline of a size in a location described as follows, toswitt As per attached drawing approved by the City of Carlsbad: Approximately 620 feet 6" C150 RT Pipe in Harbor Drive © $3.50 per ft, $2170.00 16 1" Copper Services © $72.00 each 1152.00 1 Standard Fire Hydrant @ $350.00 each 350.00 Total $3672.00 ;VH£REAS, First Party is willing to construct and install said pipeline, services and hydrant upon the conditions and for the consideration hereinafter set forth; THEREFORE, in consideration of the premises and the mutual .1- 4^ covenants and agreements of the parties hereto, herein con» tained, said parties hereby agrees 1. That the estii^ated cost of the construction and instdll« ation of said pipe line, services and meters is the sum of $3672.€K). 2. That Second Party upon the execution of this agreesnent will deposit Vidth the First Party the aiount of said estimated cost. 3. That upon receipt of said suiJ! from Second Party, First Party will construct and install said pipe line, and thereafter will maintain same et its own e^cpensei and will deliver water to Second Party, through service connections and meters to be installed at the expense of Second Party, as hereinbefore set forth, said delivery of water to be at the rates and subject to all the terms and conditions provided in the Rules and Regulations of the First Party^ as the saiae may exist from time to time. 4« That if the cost of the construction and installation of said pipe line shall exceed the amount of said estimate of cost so deposited by Second Party, Second Party within ten days after demand of First Party wiil pay to First Party th© amount of such excess; if the cost of such construction and installation is less than the amount so deposited by Second Party, First Party will within thirty days after completion of such construction and installation, refund to Second Party the sum by which the ateeunt deposited by Second Party shall exceed the cost of construction and inatallation. 5. Said pipeline and all materials used in connection therewith shall at all tisie® remain the property of the First Party and shell at all ti^es remain under the jurisdiction and control of First Party* 6. First Party agrees to provide and maintain an adequate •2* water pressure for domestic purposes at the premises herein* before described, subject to the ability of the First Party to supply such pressure, in view of the water available and the demands of its other shareholders. 7o For ten years from and after the dat© hereof. First Party agrees to impose a charge upon th© owners of every pro- perty which may be hereafter served by said pipe line herein described, said charge to be based upon installation and con- struction charges of the pipeline herein provided for, in accordance with the rules and regulations of First Party as they may exist from time to time; that when such funds are so collected by First Party, First Party will refund the amount 00 collected and received to Second Party; provided that First Party shall not be liable to Second Party for such refund in the event that the collection of the charge is prevented by judgment or order of court, or in the event that such inonies are not collected due to inadvertence and neglect of the employees of the First Party, By /^^^ " 'feecre'^ary w coeoartnership •3«