HomeMy WebLinkAboutSan Diego, County of; 1962-11-07;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
AGREEMENT
THIS AGREEMENT made and entered into this 7th day of November, 196:
by and between CARLSBAD MUNICIPAL WATER DISTRICT, a municipal water
district organized under the Municipal Water District Act of 1911 of State of
California, as amended, hereinafter referred to as "District", and COUNTY OF
SAN DIEGO, State of California, hereinafter referred to as "County".
WITNESSETH
WHEREAS, County has constructed a certain water pipeline extension
for the use and delivery of water within the boundaries of District; and
WHEREAS, County has requested that District accept ownership of said
water pipeline and County has complied or hereby agrees to comply with all
conditions required by said District; and
WHEREAS, the Board of Directors of the District has approved the con-
struction of said water pipeline and the District Engineer's recommendations,
and has determined that said pipeline will constitute a portion of the Districts
primary or basic distribution system; and
WHEREAS the parties hereto desire to enter into an agreement for re-
imbursement to County for cost of said pipeline or a portion thereof, as provided
by the ordinances, rules and regulations of the 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 "Palomar
Airport Water Pipeline", said plans and specifications incorporated herein by
reference.
2. The ownership of said pipeline and all improvements and appurten-
ances connected therewith is hereby vested in the District.
3. County states that all the costs connected with the installation of said
pipeline are fully paid and County hereby agrees to hold District free and harm-
less from any claims, demands, or costs arising out of or in connection with the
construction of said pipeline.
w
1 4. County states that it has supplied to the District or herein agrees to
2 supply to the District the following:
3 1. Three copies of the "as built" drawings of the said pipeline
endorsed by a registered civil engineer of the State of California.
4 2. Three copies of the legal description of the center line of said
5 pipeline as constructed.
5 3. Valid easements for pipeline purposes in favor of the District
over and across the land that said pipeline is constructed.
7 4. Certified copies of action takem by ihe Board of Supervisors of
8 County of San Diego authorizing the execution of this agreement
and granting of necessary easements required by this agreement.
9 5. In consideration of the acceptance of the pipeline by the District and
10 the agreement of the District to reimburse the County for costs of the pipeline
11 as hereinafter set forth County agrees to do the following:
12 1. County shall remove the existing meter on the pipeline located
13 at El Camino Real and replace with a suitable section of pipe.
The removed meter shall be the property of the County.
14 2. County agrees to install, at County expense, on the pipeline a
15 standard blow-off (according to specifications of the District)
approximately 1100 feet west of El Camino Real.
16 3. County agrees to install a one-inch meter at the end of the pipe-
17 line to service the Airport Building.
18 4. County agrees to maintain the existing fire hydrant on the pipeline
and to pay an annual service charge of $50. 00 to the District for
19 any water which may be used from said fire hydrant.
20 6. District hereby agrees to pay to County fifty per cent (50%) of the ac-
21 tual water consumption charges received by the District from the sale and
22 delivery of water through said pipeline, between the end of this particular pipe-
23 line installation, as shown in the plans and specifications thereof and on file in
24 the office of the District and the connection of said line with the District's main
25 transmission line, subject to the following terms and conditions:
26 a- The sum to be paid to the County in any one year shall not exceed
twenty per cent (20%) of the total amount to be reimbursed under
27 this agreement.
28 b. The District shall continue to make said payments to the County,
for a period of ten (10) years from/completion of the installation
29 of the pipelin^or until the actual aniount to be reimbursed under #*\^L._
this agreement has been paid, whichever event occurs first. *§
30 c. There shall be no obligation on the part of the District to pay any
31 sum of money to the County except from the sale of water sold
and delivered through meters connected to the line as hereinbefore
32 described.
BEST
ORIGINAL
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
d. No interest on any sum or any other charge shall be payable by
the District.
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 the District upon execution of the agreement and
submission and acceptance by the District of all the items required to be suppliec
or performed by the County as hereinbefore set forth.
7. The agreed amount to be reimbursed to the County in accordance with
the terms and conditions of this agreement and the ordinances, rules and regula-
tions of the District is the sum of Twelve Thousand One Hundred Sixty Six and
no/100 Dollars ($12, 166. 00).
IN WITNESS WHEREOF, the parties hereto have executed this agreement
as of the day and year first above written.
CARLSBAD MUNICIPAL WATER DE3TRIC
ALLAN O. KEtyLY
President of the Carlsbad Municipal
Water District and of the Board of
Directors thereof.
ATTEST:
RICHARD R. COE
Secretary of Carlsbad Municipal
Water District and of the Board of
Directors thereof.
COUNTY OF SAN DIEGO
By
ATTEST:
Clerk of the Board of Supervisors
of County of San Diego
-3-