HomeMy WebLinkAboutMcMillin Development Inc; 1981-05-18;REIMBURSEMENT AGREEMENT
FOR
TRI-AGENCIES PIPELINE EXTENSION '
CARLSBAD TRACT 74-14A
TEMPLIN HEIGHTS, UNITS NO. 2 AND NO. 3
THIS AGREEMENT, made this 18th day of May
1981, between COSTA REAL MUNICIPAL WATER DISTRICT, a municipal water
district, hereinafter for convenience referred to as "DISTRICT", and
McMILLIN DEVELOPMENT, INC., a corporation, hereinafter for convenience
referred to as "SUBDIVIDER".
WITNESSETH
1. WHEREAS, Subdivider and District have entered into an
agreement dated May 18, 1981 for construction of the public
water system for Carlsbad Tract 74-14A, Templin Heights Unit No. 2,
and the responsibility to provide public water service to Templin
Heights Unit No. 3, said agreement incorporated by reference; and
2. WHEREAS, the construction of said public water system
includes the construction of pipelines which have, in fact, been
oversized to accommodate the capacity requirements for the Tri-
Agencies Pipeline Extension, as shown on Exhibit "A" attached hereto
and made a part hereof; and
3. WHEREAS, District has agreed to reimburse Subdivider
for the cost involved in installing a larger pipeline than would be
required by Subdivider's property and is necessary for the Tri-Agencies
Pipeline Extension; and
4. WHEREAS, Subdivider has agreed to submit complete account-
ing records of the actual costs of ^onstruv. Lion uf all facilities
and has obtained a cost estimate and bids for the construction of the
public water system that would serve the subdivision only; and
5. WHEREAS, District is willing to enter into an agreement
with Subdivider to reimburse Subdivider for the additional cost to
the Subdivider for the oversizing of the water system facilities,
under certain terms and conditions:
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Subdivider shall fulfill all obligations for the con-
struction of the public water system as set forth in the Agreement
of May 18, 1981 .
2. Subdivider shall submit to District complete accounting
records for the entire public water system construction project.
The District shall evaluate all information as submitted and make
a determination as to the total value of work performed by the
Subdivider that is eligible for reimbursement from the District.
3. District shall present to Subdivider the total cash
valuation as determined by the District and upon concurrence by the
Subdivider, payment shall be made to the Subdivider within thirty
(30) calendar days of formal notification by the Subdivider.
IN WITNESS WHEREOF, this Agreement has been executed by
Subdivider and on behalf of the District by the President of its
Board of Directors on the day and year first above written.
COSTA REAL MUNICIPAL WATER DISTRICT
SEAL
SEAL
Donald A. MacLeod, President
Board of Directors, "District"
"SUBDIVIDER"
McMILLIN DEVELOPMENT, INC
By:.
By:.
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no scale
TRI-AGENCIES
PIPELINE EXTENSION
5/12/81
EXHIBIT A
REIMBURSEMENT AGREEMENT
TEMPLIN HEIGHTS, UNITS NO. 2 g