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HomeMy WebLinkAboutKelly, Allan O; 1964-04-07;PIPELINE REFUND AGREEMENT THIS AGREEMENT, made and entered into this /Xx^ day of April, 1964, by and between the CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water district, organized under the Municipal Water District Act of 1911, as amended, of the State of California, hereinafter referred to as "District" and ALLAN O. KELLY, hereinafter for convenience re- ferred to as "Owner". WITNESSETH: WHEREAS, Owner has constructed a certain water pipeline extension for 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 conditions 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 District's primary or basic distribution system; and WHEREAS, the parties hereto desire to enter into an agreement for reimbursement to Owner for costs of said pipeline or a portion thereof, as provided by the ordinances, rules and regulations of 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" are described in detail on the plans and specifications for said pipeline on file with the District and entitled "Kelly Water Main Extension", said plans and specifications are incorporated herein by reference. The center line of said pipeline is described in Exhibit "A" attached hereto and incorporated herein. 2. The ownership of said pipeline and all improvements and appurtenances 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 harmless from any claims, demands or costs arising out of or in connec- tion with the construction of said pipeline. 4. Owner states that he has supplied to the District or herein agrees to supply to the District the following: (1) Three copies of "as built" drawings of said pipeline endorsed by registered civil engineer of the State of California. (2) Three copies of the legal description of the center line of said pipeline as constructed. (3) Valid easements for pipeline purposes in favor of the District over and across the land that said pipeline is constructed. 5. District hereby agrees to pay to Owner fifty percent (50%) of the actual water consumption charges received by the District from the sale and delivery of water through said pipeline, between the end of this particular pipeline installation, as described above, or as shown in the plans and specifica- tions thereof in the offices of the District file, and the connection of said line with the District's main transmission line, subject to the following terms and conditions: a. The sum to be paid to the Owner in any one year shall not exceed twenty percent (20%) of the actual total costs 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 the completion of installation of the pipeline or until the actual cost of 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 hereinbefore described. -2- d. No interest on any sum or any other charge shall be payable by District. e. 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 and submission and acceptance of the items to be supplied by Owner as set forth in Paragraph 4 above. It is hereby agreed by and between the parties hereto that said pipeline was completed and accepted on January I, 1960. 6. The agreed total actual cost of said pipeline to be reimbursed in accordance with the terms and conditions of this Agreement and ordinances, rules and regulations of the District, is the sum of Ten Thousand Three Hundred Fifty-five Dollars and Fifty-four Cents ($10, 355. 54). 7. 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 three years from the date of said deposit, or repayment is due to any individual, shall revert to the District as payment of expenses of bookkeeping and overhead and shall be deposited in the general fund of the District. 8. This agreement may be recorded in the office of the County Recorder of San Diego County, upon the execution by all parties hereto. 9. 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 -3 - and regulations, ordinances and resolutions of the District as adopted from time to time. IN WITNESS WHEREOF, the parties hereto have executed this agree- ment as of the day and year first above written. CARLSBAD MUNICIPAL WATER DISTRICT Vice President of CARLSBAD MUNICIPAL WATER DISTRICT and of the BOARD OF DIRECTORS thereof "District: ATTEST: RICHARD R. COE Secretary of the Carlsbad Municipal Water District and of the Board of Directors thereof (SEAL) '"Vner" -4-