HomeMy WebLinkAboutSolamar Mobil Estates & Carlsbad Industrial Develo; 1958-04-11;WATER MAIN EXTENSION AGREEMENT
AGREEMENT made in triplicate this llth day of April, 1958,
4 between SOLAMAR MOBIL ESTATES, a California corporation, sometimes
5 hereinafter referred to as "Solamar"; CARLSBAD INDUSTRIAL DEVELOPMENT
6 a California corporation, sometimes hereinafter referred to as "CID"; and
7 the CITY OF CARLSBAD, a municipal corporation of the State of California,
8 sometimes hereinafter referred to as the "City".
9 WHEREAS, Solamar owns that real property in the City of Carlsbad
10 as the same is more particularly described in Exhibit "A1?, attached hereto,
11 and by reference made a part hereof as if fully set forth herein; and
12 WHEREAS, CID owns that real property in the City of Carlsbad as
13 the same is more particularly described in Exhibit "B", attached hereto, and
14 by reference made a part hereof as if fully set forth herein; and
15 WHEREAS, the above described real properties are not served by
16 any public water system and the owners thereof desire to secure the delivery
17 of domestic water supply to the properties described in Exhibit "A" and
18 Exhibit "B"; and
19 WHEREAS, the City is obliged by the terms of that certain contract
20 dated February 18, 1958, between the City of Carlsbad, Terramar Water
i
21 Company, W. D. Cannon, and Paul Ecke and Magdalena Ecke to install
22 certain water distribution facilities; and
23 WHEREAS, it is proposed that the City join with Solamar and CID
24 for the construction of the facilities required to be installed by the City and
25 the facilities required for the delivery of water to properties described in
26 Exhibit "A" and Exhibit "B"; that the total installation to be made by all
27 parties hereto is more particularly shown on Exhibit "C", attached hereto
28 and by reference made a part hereof as if fully set forth herein; and
29 WHEREAS, the City Engineer has estimated that the total cost of
30 materials and installation of Exhibit "C" will be in the amount of $16, 101.00;
31 that the installation of Exhibit "C" should be charged to the respective parties
32 in accordance with the following percentage proportions of actual cost of
I . /-T'<V'~-> a
1 installation:
2 City .40.5%
3 Solamar 25.1%
4 CID 34.4%,
5 now, therefore,
6 WITNESSETH:
7 1. Solamar agrees to deposit with the City within thirty (30) days
8 of date hereof the amount of $4,041.00 as Solamar's proportionate share of
9 the estimated cost of materials and installation of Exhibit "C", and in
10 addition to said sum of money any further sums of money that may be required
11 for the installation of water meters at the point of service to Solamar.
12 2. CID agrees to deposit with the City within thirty (30) days of
13 date hereof the amount of $5,544.00 as CID's proportionate share of the
14 estimated cost of materials and installation of Exhibit "C", and in addition
15 to said sum of money any further sums of money that may be required for the
16 installation of water meters at the point of service to CID.
17 3. The City agrees to purchase the materials and to install and
18 construct the distribution facilities as set forth in Exhibit "C", and to allocate
19 towards the cost of such project the amount of $6,516.00. The City agrees
20 to keep accurate records of material, labor, equipment rental, and sub-
21 contractors that are required by Exhibit "C"; and that within thirty (30) days
22 after completion of Exhibit "C", the City agrees to render an accounting to
23 each of the parties hereto. In the event the estimated cost exceeds the actual
24 cost, the City shall refund to Solamar and CID from the deposited funds such
25 proportionate excess funds as have been heretofore estimated by the City
26 Engineer. In the event the cost of Exhibit "C" exceeds the estimated cost
27 of the City Engineer, the City shall demand from Solamar and CID their
28 proportionate share of such excess cost; Solamar and CID agree to pay such
29 proportionate excess cost within ten (10) days from the date of demand; and
30 in the event such funds be not paid the City shall have the right, in addition
31 to all remedies of law, to refuse to furnish water to Solamar or CID until
32 such funds are paid.
** £+ **
1 4. It is understood and agreed by all the parties hereto that Exhibit
2 "C", upon construction, shall be the sole property of the City and shall
3 constitute a part of the municipal water works system, of the City.
4 5. It is understood and agreed between the City and Solamar that
5 the installation of Exhibit ,"C? shall constitute a permanent and adequate
6 service for the needs and use of Solamar.
7 6. It is understood and agreed between the City and CID that the
8 installation of Exhibit "C", though permanent in its construction and nature,
9 is not an adequate and permanent water supply for the needs and demands
10 of that real property described in Exhibit "B", and in the event that a more
11 adequate water transmission service be hereinafter installed by the City,
12 which will serve any or all portions of Exhibit "B", then in such event CID,
13 its successors or assigns shall pay to such newly installed water transmission
14 lines their proportionate share of cost as the same may be computed by the
15 City of such newly installed water main, less such sums as may be paid by
16 the term of this agreement to the City.
17 7. It is recognized by the parties hereto this agreement is for the
18 construction of a water main which will bring water to a point on the exterior
19 boundary of properties described in Exhibit "A" and Exhibit "B", and that
20 in the event Solamar or CID desire to extend said water lines into, within or
21 through Exhibit "A" and Exhibit "B", such extension shall be at the sole
22 cost respectively of Solamar and CID.
23 8. Solamar and CID agree to pay the City for all waters received
24 through Exhibit "C" at such rates as may hereafter be fixed by the City.
25 9. This agreement shall be binding upon the heirs, successors
26 and assigns of the parties hereto, and shall be appurtenant to the properties
27 described in Exhibit "A" and Exhibit "B".
28 10« This agreement shall be in force and effect from and after
29 ( the llth day of April, 1958.v..
30 IN WITNESS WHEREOF Solamar has by resolution of its Board
31 of Directors, a copy of which is attached hereto as Exhibit "D", caused its
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President and Secretary to sign this agreement for and in behalf of the
corporation on the day first above set forth.
SOLAMAR MOBILE ESTATES
President /
^?ecretary
IN WITNESS WHEREOF CID has by resolution of its Board of
Directors, a copy of which is attached hereto as Exhibit "E", caused its
President and Secretary to sign this agreement for and in behalf of the
corporation on the day first above set forth.
CARLSBAD INDUSTRIAL DEVELOPMENT
President
Secretary
IN WITNESS WHEREOF the City by motion of its City Council
adopted on the 1st day of April, 1958, ordered its City Manager to sign this
agreement for and in behalf of the City of Carlsbad, and ordered its City Clerk
to attest his signature and affix the seal of the City of Carlsbad, with such
signatures and seal being affixed on the llth day of April, 1958.
CITY OF CARLSBAD
ATTEST:
IERBERT ITT NELSON
City Manager
M. O. EWALD, City Clerk
(SEAL)
Stltl If CALIFORNIA )
CQIlty Of SAM DIEGO | SS.
On ..April..llth ........................ . ........ , 19..58....,
before me, the undersigned, a Notary Public in
and for said County and State; personally appeared
known to me to be the ................................ President, and
....MORGE..S.....CHAJMBB.RS ................................. ,
known to me to be the. ................................... Secretary of
the corporation that executed the within instrument, and
known to me to be the persons who executed the within
instrument on behalf of die corporation therein named,
and acknowledged to me that such corporation executed
the within instrument pursuant to its By-Laws or a
Resolution of its Board of Directors.
WITNESS my hand and official seal.
(Seal)
Notai^r Publit'A and for said County and State.
Stlto Of CALIFORNIA )
Goiifyof SAN DIEGO > $S.
On ...-.April ..llfch ( 19..5.8...,
before me, the undersigned, a Notary Public in
and for said County and_Sute, personally appeared
known to me to be the. President," and
-GLBNML.FEiSX...
known to me to be the "Secretary"0f
the corporation that executed the within instrument, and
known to me to be the persons who executed the within
instrument on behalf of the corporation therein named,
and acknowledged to me that such corporation executed
the within instrument pursuant to its By-Laws or a
Resolution of its Board of Directors.
WITNESS my hand and official seal.
(Seal) ...
Not.ly Pubtfc/u, .nd (or Mid County and S»t«".