HomeMy WebLinkAboutOceanside, City of; 1956-12-26;EXHIBIT "A"
AGREEMENT EXTENDING, MODIFYING hliJ G^LIR. ISE C-A«IKG TERMS OF WRITTEN AGREEMENTS
DATED JUNE 16, 1954 A1E) JTJ1IE 17, 1955 AiJD JUKE 17, 1956, BETWEEN THE CITY OF OCEAN-
SIDE AND THE CARLSBAD MUNICIPAL WATER DISTRICT GRAuTiijG FIiR,iI_SION TO THi, CARLSBAD
•nCIPAL WATER DISTRICT TO TR&liSMIT WATIR T'LHOuGH AQUEDUCT SUPPLY PIPE LINE OUNH)
AND OPERATED 8! THi- CITY OF GCEkhSIDE.
This agreement made and entered into as of the 26th day of i)ecaaber, 1956,
between CITY 0 ' OCYIW^IDE, a municipal corporation, located in San i>iego County, Cal-
ifornia, party of the first part, hereinafter referred to as "CITY", and Ck^tuSBiiD MUN-
ICIPAL WATEi, JISTRICT, a municipal corporation, also located in the County of San Diego,
California, party of the second part, hereinafter referred to as "DISTRICT",
AiITNESoETHs
WhEREAS, the parties hereto, under date of June 16, 1954, executed a written
agreement effective for a period of one year from the date thereof tinder the terms of
which DISTRICT, for certain considerations, was permitted to use the CITY'S Aqueduct
Supply Pipe Line for the purpose of conveyi/ip and transporting water purchased by
DISTRICT from San Diego County ^ater authority, and
WiiEREAS, the parties hereto, under date of June 17, 1955, executed a second
written agreement effective for the period of one year from the date thereof under the
terms of which DISTRICT, for certain considerations, was permitted to use the CITY'S
Aqueduct Supply Pipe Line for an additional period of one year for the purpose of con-
veying and transporting water purcliased by DISTRICT from San t>iego C runty ' ater Author-
ity under terms and conditions appearing in said contract, which differed from the
terms and conditions set forth in the original agreement dated June 16, 1954, and
WHEREAS, the parties hereto, under date of June 17, 1956, executed a third
written agreement effective for the poriod of six months fron the d ate thereof under
the terms of which DISTRICT, for certain considerations, was permittee! to use the CITY'S
Aqueduct Supply Pipe Line for an additional period of six months for the purpose of
conveying and transporting water purchased by DISTRICT from San Jiego County *ater Au-
thority under terms and conditions appearing in said contract, which differed from the
terms and conditions set forth in the original agreement dated June 16, 1954* and
WHERJ&AS, it is the desire of said parties to extend for a period of six (6)
months only, that is to say, from the 26th day of December, 1956, to and inclusive of the
25th day of June, 1957, the privileges and obligations ol said written agreements of
June 16, 1954» and June 17, 1955, and June 17, 1956, subject however to the following
additional modifications and changes herein stated,
NOW, THEREFORE, in consideration of the mutual promises of the parties herein
undertaken and agreed upon and the fulfillment of such promises, the CITY and the
DISTRICT agree that said written agreements of June 16, 1954 and of June 17, 1955, and of
June 17, 1956, as said agreements are herein modified and changed, are extended for the
period of six (6) months from the date hereof, that is to say, from the 26th day of
December, 1956, to and inclusive of the 25th day of June, 1957, it being specifically
understood and agreed to and by the parties hereto that said six (6) months1 extension
in addition to the terms, conditions, modifications and changes set forth in the said
three agreements, is subject to the: following and additional terms, conditions, modi-
fications and ahanges,
1. The consideration for the privilege extended said DISTRICT of transporting
water through the CITY'S Aqueduct Supply Pipe Line shall be in the amount of Six Dollars
and Fourteen Cents ($6,14) for each acre foot of water so transported,
2. The City of Oceanside agrees that the water of said DISTRICT so transported
through the said Aqueduct Supply Pipe Line shall be delivered at the points of delivery
agreed upon to the Carlsbad Mutual Water Company that contains a chlorine concentration
of not to exceed one-half of one part per million,
3. In the event of meohanioal failure of the CITY'S eight-inch meter, located
at Hunsaker and California streets in said City, or in the event said meter becomes
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congested with debris and the DISTRICT'S check meter, also located near laid Hunsaker
and California Streets, records for any calendar day less water than said CITY'S
meter, the DISTRICT'S check meter reeding shall be used for recording purposes. The
CITY and the DISTRICT immediately, upon the execution of this agreement, shall cause
their respective meters, above identified, to be tested by the meter manufacturers and
•hall exchange copies of the written report of such teats,
4. The DISTRICT, on or before Muj 15, 1957, shall impound and/or cause to
be impounded, in the Calaveras Reserroir owned by Carlsbad Mutual &ter Co-npany and
located in the vicinity of the City of Carlsbad, an amount of water sufficient to fill
said reservoir to its ultimate capacity and shall maintain said reservoir filled to
its ultimate capacity to and until May 15, 1957. The purview of this provision of
this agreement require* said reservoir to b« filled to oapacity on May 15, 1957 regard-
less of whether the water impounded therein is discharged into said reservoir artific-
ially or is the result of run-off froa rainfall on the water-shad of the reservoir.
The Superintendent of the Vater Department of said City shall be permitted at all times
to inspect said reservoir for the purpose of determining the amount of water impounded
therein,
5, To betxxM effective, this agreasient, o; tending, modifying and changing
aaid written agreements of June 16, 1954 and June 17, 1955 and June 17, 1956, must be
approved by the San Diego County Vater Authority within a period of thirty (30) days
from the date hereof.
tiae.
This agreetieoat sUall not be subject to renewal for any additional period of
On behalf of the CITI, t'.J.s agreement in. sigaad and executed by its Mayor
and its City Clerk pursuant to ile solution of its City Council,
On behalf of the DISTRICT, this agreement is signed and executed by its
President and its .secretary pursuant to resolution of its Beard of Directors,
DATED at Caeanside, OSalifomie. this 26tii day of Dec^-ber, 1956.
3ITI OF
YIKGE
i-kyor
City Clerk
STHICT
SILLY. C. FRI
Preoideat
Secretary