Loading...
HomeMy WebLinkAboutTerramar Water Company; 1956-12-26;EXHIBIT "B" AGHKEMEMT THIS AGREEMENT, made and entered into as of the 20th day of December, 1956, by and between CAKLoBAD MUNICIPAL WATKR DISTRICT, a nuniolpal water district organized and incorporated tinder the Municipal Water District Act of 1911, as amended, herein- after referred to as "The District", and CARLSBAD MUTUAL WATLR G MPANI, a California corporation, hereinafter referred to as "The Mutual", and TERHAMAR WATER COMPANY, a California corporation, hereinafter referred to as "Terraaar", WITNESSETH: WHEREAS, Terraaar is desirous of purchasing water from The District, said water to be transported through the facilities of The Mutual; and WHEREAS, The id.strict is willing to sell water to Terraaar, upon the term* and conditions hereinafter stated} and WHEREAS, The Mutual is willing to transport said water through its facilities froa the connection installed under a contract entered into by and between the City of Ooeanside and The District, dated December 26, 1956; and WHEREAS, The District and The Mutual entered into a certain agreement as of the 26th day of December, 1956, which set forth the terms and conditions whereby Th~ Distrlct agreed to sell and The Mutual agreed to purchase water received by The District from the San Diego County Water Authority and The Metropolitan Water District of South- ern California}, said agreement attached hereto as "Exhibit A" and incorporated herein by reference hereto with same force and effect as though set forth fully herein; NOW, THEREFORE, in consideration of One Dollar and other valuable considera- tions, and the covenants and agreements hereinafter contained, the parties agree as follows I (1) All parties agree that all covenants and agreements of "Exhibit A" are incorporated herein by reference hereto with same force and effect as though set forth fully herein, unless specifically modified or amended hereinafter* (2) Terraaar shall and hereby agrees to pay The District at the rate of Twenty-three and Fourteen One-hundredths Dollars ($23.14.) an acre foot, for any and all waters received from The District. In addition thereto, Terraaar agrees to pay to The District Fifteen Dollars ($15.00) per acre foot as a transmission charge for the use of the facilities of The Mutual. If the ban Diego County Water Authority shall, during the terms of this contract, change the per-acre-foot charge for water delivered best copy - 1- to the District, then and in that event Terramar and The District agree that the price per acre foot specified, to be paid by the terns of this paragraph, shall be changed by a like amount, (3) *ny and all water delivered uy The District to Terramar shall be billed to Terrainar by The District on the fifth day of each and every succeeding month during the torn of this contract, All bills or charges shall be due and payable at the office of The District on the 15th day of the month in which they are billed. Mils not paid on or before the 22nd of such month will thereupon becone delinquent and a penalty of ten per cent (10$) will be added thereto, charged to and collected from Terranar. If the bill and added penalty is not paid by the 25th day of the month, water may be turned off by The District without further notice, and a further charge of One-hundred Dollars ($100.00) nay be nade, and shall be paid before water service is reestablished to Terramar. If Terranar shall fail to pay its water bill prior to delinquency, The District may, as a condition for further service, require a cash deposit equal to the amount of the average monthly bill of Terramar, to guarantee the prompt payment of its i account in the future« 00 If any question or dispute arises as to the amount of water delivered to Terranar by The District, the decision of The District shall be final and conclusive as to the amount of water delivered to Terramar. The District is also authorized and -~ powered to fix and apportion the loss of water, if any, incurred in the transportation of water from the facilities of the City of Oceanside to the point of delivery to Ter- ramar* (5) The District shall not be obligated to pay or advance any sums to the San Diego County itfater Authority for water used by Terramar, or to the Mutual for trans- mission of water to Terramar by the Mutual, except from funds advanced by or paid by Terramar to The District. (6) The obligation, if any, which The District may have for the delivery of water to Terramar under this agreement; under the Municipal «rfater District Act of 1911, as amended, or otherwise, shall at all times be subject to any and all conditions, strictions, rules or regulations which The Metropolitan Water District of Southern Cali- fornia or the San Diego County Water Authority may from time to time lawfully impos« upon The District .n connection with the delivery of Colorado River water to or through The District. It is further agreed that The District, by the execution of this contract, does not have and does not incur any obligation whatsoever to Terramar or its stockhold— - 2 - era and consumers to deliver water to Terramar in any quantity in excess of that which is delivered to The District by The San Diego County Water Authority through the tempor- ary connection installed on the facilities of the City of Oceanslde, and that The Dist- rict shall not be liable for damages by reason ef The District's inability or failure to deliver to Terramar the amount of water requested or the failure to be able to deliver any water At all* The District does agree, subject to the aforementioned conditions and available transmission facilities, to deliver to The Mutual for the use of Terramar an mmommt of water hereafter set forth in Paragraph (H) of this agreement, said water for the use of Terramar to be delivered at the temporary connection installed on the facili- ties of the City of Oceanside as provided in Paragraph (1) of the Agreement dated June 16, 1954, with such sale by The iftstrict to continue during the continuation of the current contract entered into by the City of Oceanside and The Jistrict, dated December 26, 1996, as extended and modified. (7) It is understood that t is contract will terminate June 25, 1957, and that there is no obligation on The District to renew or extend this contract or to enter into any arrangements with Terramar for further delivery of water; that this contract is being entered into as a matter of aooomodation to Terramar by reason of the emergency which exists* (8) It is understood that Terramar has furnished without cost to The District or The Mutual all facilities including any rights-of-way, pipe lines, or meters or other measuring devices, valves, vaults, facilities and equipment for the delivery and transport- ation of water from the temporary service connection, installed or to be installed to the distribution system of The Mutual, said connection to be made at a point on The Mutual's distribution system to be mutually agreed upon by The Mutual and Terramar. Terramar will also pay all and every cost, charge or expense in any way incurred in connecting its lines to, maintaining its lines to and disconnecting its lines from the temporary connection to The Mutual1s distribution system. Terramar shall also furnish, operate and maintain its own lines and distribution system for the distribution of any water received by Ter- from The District and The district shall not be under any duty relative thereto or obligated to install or pay for any distribution or storage facilities to be used in distributing water to be delivered by The District to Terramar* (9) It is understood and agreed that all water delivered by The District to Terramar may be raw or untreated water, except as may be chlorinated by The Mutual for - 3 - its own use, and that there is no obligation on The District to chlorinate said water. (10) Terraaar promisee and agrees that it will at all times indemnify and save harmless The Jistrict from any and all loss, cost, damage and expense and from and against any and all claims or demands on account of injury to person or pmmpprty, including reasonable engineer*s and attorney's foes, which «ay be incurred by or asserted against The District, growing or arising out of Terraraar'e operation or the attachment, maintenance and operation of its facilities to or the removal of its facilities from the facilities of The Mutual. (11) The execution of this contract does not give Terramar any greater right or impose any greater obligation, if any obligation there now be, upon The District with regard to the delivery of water to Terramar or its stockholders, and The District is to have no responsibility whatsoever with regard to the quality or the amount of water delivered or made available to Terramar. (12) If for any reason there is insufficient water available to The District to meet the demands of Terramar and its stockholders and consumers and to meet the de- mands of other corporations, public agencies and individuals purchasing water from The District for use within its corporate area, then and in that event the water available to The District shall be pro-rated among its consumers in accordance with the terms of the Act under v ich it is organized; and if for any reason there is insufficient water available to Terramar to meet the demands of its stockholders and consumers, Terramar agrees that any and all water delivered to it by The District under and pursuant to this agreement shall be delivered and rationed to its stockholders and users in accordance with the rules and regulations duly adopted by The D^stri t. It is further agreed that in the event it becomes necessary for the District in connection with the rationing of water, to limit water to use for domestic purposes, the quantity of water to Le delivered to Terramar under the provisions hereof shall be such proportion of the total quantity delivered into the facilities of The Mutual by or for The ^strict, including quantities intended for Terramar, as the total use of water for domestic purposes in the a rea sup- plied by Terramar bears to the total use of domestic water in the area served by The Mutual and the area served by Tarraraar. (13) It is definitely understood and agreed that water so to be delivered to Terramar is limited to a quantity of water equal to the quantity delivered to The Mutual for that purpose by The District, and that The Mutual will not deliver to Terramar any water developed or rttoeivod by The Mutual from any source other than water delivered into The Mutual1 s facilities by or for The District for tliat purpose. (14.) The hfcitual agrees, to t,ht. best of its a. ill ty to operate i .u system so as to provide the greatest possible amount of excess capacity for transportation of water to Terramar. The Mutual further agrees that unless restrained by order of court, or prevented from so doinr by failure of ;.ny of its Tac Cities, or oth r 3au.se beyond its c ntrol, it will provice capacity sufficient to transport water to Terramar in the minimum aiiount at t 'M rate of one (l) acre foot per day; subject to the provision Ui&t if there exists a of water in the area served i.y fhe Mutual, then in T-oat event the water delivered to Terranar by The District through Mutual facilities may be reduced to an aacunt a' not lees than ten per cent (10/6) of the water being received by The District pursuant to the c.-ntvaet between i"hf ^i^trlct an- ta<- Gity o,' Uceant5ide dated December 26, 1956, as modified and extended. (15) Terramar agrees io 1-ake not less than ten p;-r cent (10JI) of the water re ceived by The District. Terramar agrees to notify The of the amount of water de- sired from time to time, and that it will accept all such wat*..-r so ordered, and agrees to give rorty-eight (48) hours' notice to The Mutual of intention to change thu atoount of water so desired, subject to the understanding that The rhitual, through iis Manap-er, can waive the required forty-eight (/+o) hours' notice, (16) It is furiJier agreed t'lat In the event The i^utual is prevented by auch cause or causes from delivery of such quantities c- water to Terraoar, The .iutual shall not be liable eithor to ler.-amar or to The District for failure to deliver such uuantities of water. (17) It is further agreed that in the event of any occurrence which, in the opinion of tho Manager .">f The rfutual, will prevent de-ivory of ouch quantity of water to Terramar, Thn Mutual will notify The District iraraediatolj of such occurrence, axid that in tho event it cnov.ld bu ieteniinod by a Court of competent jurisdiction tliat the discon- tinuance of the delivery of water to lerramar by The i-hitual was not justified under the provisions hereof, Tve Dieti-ivt hereupon, at itc option, may discontinue the sale of water to The Mutual. (18) Tlie District agrees to ailo-,v to The Mutual a credit on sums beeominf due to The District for water furnished to The Mutual under this agreement in an ar,iount equal fo Fifteen Dollars ($15.00) for each acre foot 01 Colorado River water delivered to Ter- raraar through stxid facilitioB oi' Tlie Mutual under the provisions hereof. (?_9) Any and nil water delivered through said connection from the City'a facil- ities, less such a ounts as: are ^'.e-ivered by The District for the use and benefit of Tea* - 5 - , shall be deemed to be delivered to The Mutual and shall be billed to The Mutual bj The District on the 5th day of each and every succeeding month during the tena of this contract. All bills or charges shall be due ana payable at the office of Hie Dist- rict on the 15th day of the month in which they are billed. Bills not paid on or before the 22nd of suoh month will thereupon become delinquent and a penalty of ten per cent (10JI) will be added thereto, charged to and collected from The Mutual. If the bill and added penalty is not paid by the 25th day of the month, water may be turned off by The District without furthei&iotice, and a further charge ox' One-hundred Dollars (|100,00) be aade, and shall be paid before water service is reestablished to The Mutual, If The Mutual shall fail to pay its water bill prior to delinquency, The District may, as a condition for further service, require a cash deposit equal to the amount of the average monthly bill of th* Mutual, to guarantee the prompt payment of its account in the future* (20) This contract may be revised or amended by mutual consent of the parties hereto at any time* (21) The Mutual agrees that, at any time or times when there is capacity in it* facilities in excess of that required to furnish water to its shareholders and others entitled to water service from The Mutual, and only at such tines, it will, at the re- quest of The transport through its facilities, for The District, water to be delivered to Terramar, and deliver such water into facilities furnished by The District or Terramar at a point on The Mutual's system which may be mutually agreed upon by The Mutual and Terramar. (22) All pipes, fittings, meters, valves and other facilities necessary fc.r the delivery of weter from the facilities of The Mutual into the facilities of Terraoar have been and »; all be furnished by Terramar at its own expense; the design thereof shall be submitted to, and shall be subject to the approval of, The Mutual) the work of making the physical connection vith the facilities of The Mutual shall be performed by The Mu- tual and the cost thereof shall be paid by Terramar upon demand* Both The Mutual and The District shall have access at nil times to said meter. The meter shall be read by The Mutual at the slose of each calendar raonth, and The Mutual immediately siiall notify The District of the amount of th? meter reading. The Mutual ahall have control of the valve controlling delivery of water from the facilities of The Mutual into the facilities of Terramar and may close enoh vaJve and Jiscontinue service to Terramar at any time when there is not capacity in The Mutual1 a facilities in excess of the capacity required to furnish water to The Mutual'a shareholders and others entitled to water service from The - 6 - (23) It ia specifically understood and agreed that The iiutual has and ex- ercises oho rigii*/ to extract, watur from the surface or subterranean flow of the San Luis iiey ittv«r for use oi' ito s'laroholders; that The Mutual is limited, und»r its Articles of Irioorporatiou, tD fumis'ila*; such wator for use on lands located within an area defined in said nrti^les} that the area served by 'lerramar is not located within said areaj that water from said -an Luis .iey stiver is of a different quality from that to be supplied to The i-i strict by The Authority; that The Mutual does not intend or agree to cUlivcr water from sai.i s-urce to Terramar, but only water supplied by i'ne , istrict, as herein prov-lded^ It is further understood and apreed, however, that thv: ^aci?uix.ies througi- which Trie i-iuLual intend, s and agrees to transport water delivered to it by i'he Jijtrict, for delivery to lerramar under thp provisions hereof, constitute a portion 01 ^he- sanne fac .lities through which The Mutual transports water from suid oan Luib -iey I-iver to i^s o\m service area, and thfit it will, or may be, necessary, in order to traati, ort water for ie"livery to Torraraar, for The Mutual to ruinpli water delivered t,o it for that pur one with water extracted by it from said San Luis iiey River s urce of j^pply, aui tbjat neither Tht; District nor Ten^am&r shall hare the right to demand. U«.:»t 'J.'iic Xututil transport or Terraraar water of the same aa th;..t 'ieli'/eraci into "he 'lutual's facilitiec through the aforesaid temporary service 'DISTRICT •osident Secretary ^'ATiui iii ANY, a best , President\ // , '.bYi ; ,/', ,f . . . becretary TERRAK/vR »i«TI-R COMPANY California , Corporation President