HomeMy WebLinkAboutMiholich, Bill; 1982-10-11;REIMBURSEMENT AGREEMENT
WATER MAIN EXTENSION IN EL CAMINO REAL
BILL MIHOLICH -- COMMERCIAL-INDUSTRIAL CENTER
THIS AGREEMENT is made this llth day of October , 1982,
between COSTA REAL MUNICIPAL WATER DISTRICT, hereinafter called
"District", and BILL MIHOLICH, hereinafter called "Property Owner",
in view of the following purposes:
(a) Property Owner has constructed a public water system
facility for the rental/equipment/storage buildings on El Camino Real
in Carlsbad, California, and said facilities were accepted by the
Board of Directors on February 6, 1980.
(b) The construction of said public water system facilities
extends from the existing facilities of the District along the property
line of property not belonging to Property Owner, and the construction
of said public water system facilities results in the availability
for future water service to properties which are not a part of Property
Owner's property.
(c) Property Owner has requested and the District has agreed to
the preparation and execution of this agreement for the reimbursement
of certain amounts for specific water system facilities pursuant to the
rules and regulations of District Ordinance No. 26.
IT IS, THEREFORE, AGREED:
I. The District will reimburse Property Owner a total of One
Thousand and No/100 Dollars ($1,000.00) for the construction of the
public water system facilities. The reimbursement shall be made
pursuant to the following terms and conditions:
(a) District hereby establishes a "Potential Service Area"
of the public water system facilities as set forth in Exhibit "A"
/-\
attached herewith and made a part hereof;
(b) District will collect $1,000.00 for any new construc-
tion of pipeline facilities extending the existing pipeline that
benefits any property as identified in Exhibit "A";
(c) The District shall reimburse Property Owner the sum of
$1,000.00 as received by the District from time to time until such
time as one of the following events has occurred:
1. Property Owner has received the sum of $1,000.00.
2. Ten (10) years has expired from the date of accep-
tance of the certification of dedication of said pipeline by
the District Board of Directors.
II. This Agreement shall inure to the benefit of and the obliga-
tions created hereby shall be binding upon the successors and assigns
of the parties hereto.
III. The invalidity or illegality of any provision of this Agree-
ment shall not be deemed to affect the validity or legality of any other
provision of this Agreement.
IV. This Agreement and any amendments hereto shall be governed
by and construed and enforced in accordance with the laws of the State
of Cali fornia.
V. This Agreement sets forth the entire agreement and under-
standing of the parties with respect to the transactions contemplated
hereby, and supersedes all prior agreements, arrangements, and under-
standings relating to the subject matter hereof.
VI. This Agreement may be amended, modified, superseded or
cancelled, and any of the terms, covenants or conditions hereof may be
waived, only by a written instrument executed by the parties hereto
or in the case of a waiver, by the party waiving compliance.
VII. If any action at law or in equity is necessary to enforce
or interpret the terms of this Agreement, the prevailing party shall
be entitled to reasonable attorneys' fees, costs and necessary disburse-
ments in addition to any other relief to which he may be entitled.
IN WITNESS WHEREOF, this Agreement has been executed by Property
Owner and on behalf of the District by the President of its Board of
Directors on the day and year first above written.
COSTA REAL MUNICIPAL WATER DISTRICT
SEAL
Donald A. MacLeod, President
Board of Directors
"PROPERTY OWNER"
SEAL
Bill Miholich
CARLSBAD
RESEARCH CENTER
PALOMAt?
A If?POP T
NO SCALE
AREA OF POTENTIAL INDIRECT BENEFIT
(SUBJECT TO REIMBURSEMENT)
AREA OF DIRECT BENEFIT
EXHIBIT "A CMW.P. 78-Z07
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A
RUTHERF/DRD RD.
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