HomeMy WebLinkAboutRancho La Costa; 1961-03-07;-, ;j AGREEMENT
"*" i i
i
2
3 THIS AGREEMENT made and entered into this 7th day of March, 1961, by
4 and between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
5 district organized under the Municipal Water District Act of 1911 of State of
g California, as amended, hereinafter referred to as "District", and RANCHO
7 LA COSTA, a limited partnership, hereinafter referred to as "Owner"
8 WITNE SSE T H
g WHEREAS, Owner has constructed a certain water pipeline extension for
10 the use and delivery of water within the boundaries of District; and
11 WHEREAS, Owner has requested that District accept ownership of said
12 water pipeline and Owner has complied or hereby agrees to comply with all con-
13 ditions required by said District; and
14 WHEREAS, the Board of Directors has approved the construction of said
15 water line, has approved the District Engineer's recommendations, and has
15 determined that said pipeline will constitute a portion of the District's primary
17 or basic distribution system, and
lg WHEREAS, the parties hereto desire to enter into an agreement for re-
19 imbursement to Owner for cost of said pipeline or a portion thereof, as provided
20 by the ordinances, rules and regulations of District. j
21 NOW THEREFORE, it is agreed between the parties hereto as follows: I
22 1. The said pipeline and all improvements and appurtenances connected i
23 therewith, hereinafter called "pipeline", are described in detail on the plans j
I
24 and specifications for said pipeline on file with the District and entitled "Lyman
i
25 Pipe Line Extension", said plans and specifications incorporated herein by |
P5 reference. The center line of said pipeline is described in Exhibit "A" attachedj
i
27 hereto and incorporated herein.
i
28 2. The ownership of said pipeline and all improvements and appurtenance^
i
29 connected therewith is hereby vested in District.
30 3. Owner; states that all the costs connected with the installation of said
31 pipeline are fully paid and Owner hereby agrees to hold District free and harm-
32 less from any claims, demands, or costs arising out of or connection with the
construction of said pipeline.
1
3
4
5
of said pipeline as constructed.
6
3. Valid easements for pipe line purposes in favor of the
7
29
30
31
32
4. Owner states that he has supplied to the District or herein agrees to
to the District the following:
1. Three copies of the "as built" drawings of the said
pipeline endorsed by a registered civil engineer of
the State of California.
2. Three copies of the legal description of the center line
District over and across the land that said pipeline is
constructed.
8
5. District hereby agrees to pay to Owner fifty per cent (50%) of the
9
actual water consumption charges received by the District from the sale and de-
10
livery of water through said pipeline, between the end of this particular pipeline
11
installation, as described above or as shown in the plans and specifications
12
thereof and on file in the office of the District and the connection of said line with
13
the District's main transmission line, subject to the following terms and con-
14
ditions:
15
a. The sum to be paid to the Owner in any one year shall not
16 exceed twenty per cent (20%) of the total actual cost of the
said pipeline as set forth in this agreement.
17
b. The District shall continue to make said payments to Owner,
18 " "
19 M
whichever event occurs first.
20
c. There shall be no obligation on the part of District to pay
21
22
23 H by District.
24
Said payments shall be made by the District annually on July 20th of each year
25
until termination of the obligation of the District to pay as hereinbefore set forth;
26
except that the first payment covering the period from the completion of the
27
installation of the pipeline to the first day of the month in which this contract is
28
executed shall be paid by District upon execution of the agreement and submission!
for a period of ten (10) years from completion of the
installation of the pipeline or until the actual cost of the
said pipeline as set forth in this agreement has been paid,
any sum of money to Owner except from the sale of water
sold and delivered through meters connected to the line as
hereinbefore described.
d. No interest on any sum or any other charge shall be payable
and acceptance of the items to be supplied by Owner as set forth in "4" above.
6. The agreed total actual cost of said pipeline to be reimbursed in
accordance with the terms and conditions of this agreement and the ordinances,
rules and regulations of the DistrL ct if the sum of Nine Thousand One Hundred
-2-
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Forty-Four and 61/100 Dollars ($9, 144. 61)
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 tokeep
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 a period of three years from the date of said
deposit or repayment is due to any individual, shall revert to the District, as
payment of expense 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 its execution by all parties hereto.
9. This agreement is binding upon the parties hereto, their heirs, execu-
tors, legal representatives, assignees, or transferees, and its provisions, other
than repayment provisions, shall be subject to the rules and regulations, ordin-
ances and resolutions of the District as adopted from time to time.
IN WITNESS WHEREOF the parties hereto have executed this agreement
as of the day and year first above written.
CARLSBAD MUNICIPAL WATER
DISTRICT
1/1/////
By
President of the 'Carlsbad j
Municipal Water District and of the
Board of Directors thereof.
ATTEST:
,/? •X: <
Secretary of Carlsbad Municipal
Water District and of the Board
of Directors thereof.
(SEAL)
-3-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
RANCHO LA COSTA,
A limited partnership
General Par
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On MAY 1 0 1961
ss
, before the undersigned., a Notary
Public in and for said County and State personally appeared ALLAN O. KELLY
known to me to be the President and RICHARD R. COE, known to me to be the
Secretary of the CARLSBAD MUNICIPAL WATER DISTRICT and of the Board
of Directors thereof, the District that executed the within instrument, and known
to me to be the persons who executed the within instrument on behalf of the
CARLSBAD MUNICIPAL WATER DISTRICT and acknowledged to me that such
CARLSBAD MUNICIPAL WATER DISTRICT executed the within instrument pur-
suant to a resolution of its Board of Directors.
WITNESS my hand and official seal.
/%^^ /~ •>&'-"'Notary Public in and for said County
and State
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES :
On April 27,1961
ss.
, before me, the undersigned, a
Notary Public in and for said County and State personally appeared DONALD
B. AYRES, known to me to be one of tEe partners of the Partnership that
executed the within instrument and acknowledged to me that such Partnership
executed the same.
WITNESS my hand and official seal.
Notar Public in and for said County
and State.
MILDRED D. GETMAN
My Commission Expires Aug. 27, 1961
-4-