HomeMy WebLinkAboutShapiro, Arthur M; 1967-04-18;1 AGREEMENT
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- PARTIES: The parties to this Agreement are City of Carlsbad,o __________
. California, a municipal corporation, hereinafter referred to as
c CITY; and Arthur M. Shapiro, an individual doing business as The
g Sintarosa Golf Course, hereinafter referred to as SHAPIRO.
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RECITALS; Tnis Agreement is made with reference to the fol-
lowing facts:
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1. CITY owns certain water rights outlined in an Agreement
between CITY and Carroll R. Kelly and Alice C. Kelly, dated June 1,
19b4. CITY has certain wells, pumps, motors and appurtenant equip-
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ment in place for use in exercising said water rights. Said water
13 rights, wells, pumps, motors and appurtenant equipment are herein-
14 after referred to as iYELLS.
15 2. SHAPIRO wishes to be allowed to produce water from WELLS
ana to use tne City electrical system to power surface water pumping
17 from the adjoining Agua Hedionda Creek, with which to irrigate Tne
18 Sintarosa Golf Course.
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20 COVENANTS: It is mutually agreed between the parties nereto
21 as follows:
22 1« GU a month-to-month basis from and after the date hereof,
•23 SHAPIRO may produce water from WELLS and use the City electrical
24 system to power surface water pumping from the adjoining Agua Hed-
25 ionda Creek for use in irrigating The Sintarosa Golf Course and
2g for no other use. SHAPIRO may not resell, assign or give away
27 any water produced from WELLS to any other person.
28 2' SHAPIRO snail pay to CITY Fifty Dollars ($50.00) per
29 calendar montn on the tenth day of eacii month in which tnis Agree-
20 ment remains in force.
31 3. During eacn calendar month, SHAPIRO may pump seven and one-
32 half (7 1/2) acre feet of water from WELLS without making any
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additional payment to CITY therefore. If during any calendar
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montn SHAPIRO pumps more tnan seven and one-half (7 1/2) acre feet
of water from WELLS, ne snail pay CITY therefore at the rate of
4 Fifteen Dollars ($15.00) per acre foot for each additional acre
foot of water pumped. Payments made pursuant to the provisions
of tnis subparagraph snail be made on the tenth day of each
calendar montn for the water pumped in the immediately preceding
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montn. Tne amount of water pumped shall be determined by com-
Q putation based on the amount of electric power used oy the well
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4. SHAPIRO shall pay for electric power used in pumping water
12 at CITY'S usual rates and pursuant to CITY'S usual billing pro-
13 ceaures.
14 5. SHAPIRO accepts WELLS in their present condition and agrees
15 to maintain tnem in proper working order so long as this Agreement
16 remains in force. Payments required to be made nereunder shall be
17 prorated proportionately in the event that a portion of a calendar
18 montn or a portion of an acre foot becomes involved.
19 o. Upon prior written approval from CITY as to the scope of the
20 worK and tne cost tnereof, SHAPIRO may rehabilitate WELLS. SHAPIRO
may ueuuct from his montiily payments of Fifty Dollars ($50.00) per
montn provided for in paragraph 2 of tne Covenants above, the amoun-t
of sucn approved costs, in reimbursement thereof. In the event CITY
terminates this Agreement prior to the time SHAPIRO has been re-
imbursed, tiie said renabilitation costs, CITY shall pay to SHAPIRO
tne tnen remaining unreimbursed amount of said costs. SHAPIRO shall
nave no ownership interest or vested rigiits in WELLS by reason of
sucii renabilitation, other tnan as herein stated.
7. Tnis Agreement is entire and no representations not herein
contained shall be of any effect.
8. SHAPIRO may not assign or sublease any portion of his
rignts nereunder witnout tne prior written consent of CITY.
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9. Tiiis Agreement shall be binding upon tae heirs, executors,
and assigns of eacn. of the parties.
10. Anytning to the contrary herein contained not withstanding,
CITY may at any time use WELLS for the purpose of providing emer-
gency water supply to the City of Carlsbad. This right, retained
Dy CITY, may be so exarcised so as to totally deprive SHAPIRO of
any water whatsoever, and CITY may exercise said right without
any notice wnatsoever to SHAPIRO.
•^7 11. Tnis Agreement may be terminated by eitner party hereto
upon tne giving of tnirty (30) days written notice of termination.
Notices snail conclusively be presumed to have been received
twenty-four (24) nours after their deposit, postage prepaid, in
the United States mails addressed either to SHAPIRO at 2780 Sunny-
creek, Carlsbad, California, or to CITY at 2960 Pio Pico Drive,
Carlsbad, California.
DATED;//, /f/7
CITY OF CARLSBAD
Mayor
L
ARTHUR M. SHAPIRO
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