HomeMy WebLinkAboutHughes Aircraft Company; 1973-12-20;AGREEMENT
THIS AGREEMENT, made this 20th day of December, 1973,
between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district, hereinafter for convenience referred to as "DISTRICT",
and HUGHES AIRCRAFT COMPANY, INDUSTRIAL PRODUCTS DIVISION, a
corporation, hereinafter for convenience referred to as "HUGHES".
WITNESSETH
WHEREAS, HUGHES has constructed a water line to its faci-
lity on El Camino Real in accordance with the plans and specifi-
cations identified as "Improvement of El Camino Real South of
Palomar Airport Road", prepared by Rick Engineering Company, ap-
proved March 9, 1973, said plans signed by William B. Rick,
R. C. E. 9416, said plans and specifications incorporated by re-
ference; and
WHEREAS, the construction of said water line extends from
the existing facilities of DISTRICT along the property line of
property not belonging to HUGHES: and
WHEREAS, at the request of DISTRICT, the said water line
installed is larger than the water line would have to be installed
for water service to HUGHES property; and
WHEREAS, DISTRICT has agreed to reimburse HUGHES for the
cost involved in installing a larger pipe line than would be re-
quired by HUGHES property; and
WHEREAS, the parties have agreed that the amount to be
paid by DISTRICT to HUGHES for the oversized pipe line is the
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sum of $19,198.00; and
WHEREAS, DISTRICT is willing to enter into an agreement
with HUGHES to reimburse HUGHES for any connection fees collected
for water connections to the water line constructed by HUGHES
along the property line of property not belonging to HUGHES,
under certain terms and conditions.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. HUGHES shall furnish to DISTRICT a certificate of
dedication in substantially the form attached as Exhibit "A",
dedicating to DISTRICT the water lines and appurtenances con-
structed by HUGHES.
2. Upon receipt of the said certificate of dedication
and acceptance by the Board of Directors of DISTRICT, DISTRICT
shall pay to HUGHES the sum of $19,198.00 as settlement of
DISTRICT'S share of contribution for the oversized pipe line in-
stalled by HUGHES, at request of DISTRICT, according to the said
plans and specifications hereinabove referred to.
3. The parties agree that the cost of the installation
of the pipe line and appurtenances along the property line of
property not belonging to HUGHES is the sum of $4,293.00. The
pipe line so installed is identified on the sketch attached
hereto as Exhibit "B".
4. DISTRICT agrees that it will charge to any water
user, connecting to the pipe line described on Exhibit "B", a
connection fee, which shall be determined by DISTRICT, and
said connection fee shall be forwarded to HUGHES within thirty
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(30) days after receipt of same by DISTRICT, until such time as
one of the following events has occurred:
a. HUGHES has received the sum of $4,293.00.
b. Ten (10) years has expired from the date
of acceptance of the certification of
dedication of said pipe line by DISTRICT
Board of Directors.
5. The following conditions shall apply to the reimburse-
ments by the DISTRICT:
a. Payments shall only be made to the appli-
cant or designee, at such address as shall
have been filed with DISTRICT, by HUGHES
for such purpose.
b. No interest shall accrue to HUGHES on any
sums unreimbursed.
c. Any applicable terms of Ordinance 26 of
DISTRICT shall apply to this agreement.
6. This agreement shall be binding upon the assigns of
the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
DISTRICT HUGHES
CARLSBAD MUNICIPAL WATER DISTRICT, HUGHES AIRCRAFT COMPANY
a municipal water district Industrial Products Division,
a corporation
FRED W. J^ERKLE, President
By_
W. D. CARMICHAEL, Secretary
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OFFER & ACCEPTANCE OF
WATER SYSTEM FACILITIES\
DATE: December 20. 1973
Carlsbad Municipal Water District Project: 7247
5780 El Camino Real
Carlsbad, California 92008
We hereby declare that the public water system which includes pipe-
lines, valves, and appurtenances constructed in:
El Camino Real
Under Private Contract No. 4082 and agreement dated 3-5-73
in accordance with the plans filed with the Carlsbad Municipal
Water District are built for public use and that upon their accept-
ance by the said District, all right, title and interest of the
undersigned in and to said facilities shall vest in said District.
We further certify that any and all claims for labor, material,
or any other construction costs have been cleared so that there
are no encumbrances. The total cost of pipeline construction
amounted to $ 41,135.00. *
. tostr'acc'o
Systems Capital Ctfrp.
Subscribed and acknowledged to before Acceptace by Distrit:
me this _ day of _ , 19
Fred W. Maer/tfYe, President
Notary Public in and for the County of Board of Directors
NOTE:
If the above instrument is executed by a
corporation or partnership, appropriate
notary acknowledgements are to be attached.
Exhibit "A1
31C
CO^3dd
B
A
D
38A
CDRTE DE LA iPINA
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