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HomeMy WebLinkAboutCARLSBAD RESEARCH CENTER; 1983-09-07;,. SUPPLEMENT FOR TE MPORARY WATE R SYSTEM WATER SYSTEM IMPROVEMENTS AGREE MENT REGARD Ir~G CARLSBAD TRACT NO . 81-10 CARLSBAD RESEARCH CENTER, UNIT NO. 2 This Agreement Supplement is entered into o n September 7 1983, between COSTA REAL MUNICIPAL WATER DISTRI CT (hereinafter "DISTRICT") and CARLSBAD RESEARCH CENTER (hereinafter "DEVELOPER") with respect to the following: A. DEVELOPER is about to pre sent the .map identified as "Carlsbad Tract 81-10 -Carlsbad Re 2earch Center Unit No. 2" (the "subdivision") to the City of Carlsbad for final a pproval un de r the Subdivision Map Act of the State of California and in complia nce with the provisions of the City of Carlsbad's ordinanc es applicabl e to the filing and approva l of subdivision maps . The prop~rty e ncompassed by the subdi- vision lies within the b6undar i es of the DIST RICT. B. Rick Engineering Company of San Die go, California, is preparing plans and specificati on s fo r the constr uction of the water system necessary to pr ovide water servic e to the entire subdivision. The plans and s pec i fications a,~e identified a s "Plans for the Improve- ment of Carlsbad Tract No . 81-10 -Carlsbad Researc h Center Unit No . 2" consisting of 17 sheets. The DIST RICT Board of Di r e ctors has not approved the pl ans. C. ~lans and specifications for the construction of the public water system for said subdivis i on have been prepared and are currently being reviewed by the District. D. Ric k Engineering Company of San Diego , California, has prepared a plan for the construction of .a tempor a ry bypass pipeline which will accomodate the grading operations of the subdivision. The -1- .,_,, ·' / l . . ' » plan is entitled 11 Tempo r ary Waterline Relocation , Carlsbad Research Center No. 2" consisting of .four (4) sheets, an d dated August .31, 1983, and is incorporated herein by reference . E. DISTRICT has evaluated the proposal f or the ~onstruction of a temporary bypass line and has determined th at water service can be continued utilizing the proposed system. NOW, THEREFORE, in consideration of the conv enants and conditions set forth below, and of the approval of the pl an s by the DISTRICT, the undersigned agree as follows: 1 • D E V E L O P E R s h a l l c o n s t r u c t t h e 11 t em p o r a r y by p a s s p i p e l i n e 11 as set forth in the approved plans and specific at ions prior to the commencement of any work fo r removal of the e xi st i ng 16-inch waterline ("E" pipeline) that pr ovides water service to DI STRICT customers . After completion of all constructio n , pressur e te sting, and disinfection of the system , the DISTRICT shall permit the ac t i vation of the bypass system at such time there will be a minimum disru ption of service. 2. DEVELOPER shall be responsible for the maintenance and repair of the bypass pipeline during the entire peri od of utilization and upon conclusion of its need as determined by the DISTR ICT, shall completely d i smantle and remove the entire system . 3. DISTRICT sha l l exercise the control for water system operations a nd in the event of an em e rgency, t he DISTRI CT s ha ll also exercise the a uthority to re pai r the pipeline in order t o resto r e service. DEVELOPER s hall reimburs e the DIS TR.I CT for al l expenses incu r r ed for such emergency cond it i ons . CARLSBAD RESEA RCH CENTER, a California General Partnersh i p By: KOLL CARLSBAD ASSOCIATES, MANAGING PARTNER COSTA RE AL MUNI CIPAL WATER DISTRICT 41 · ~ . BJ r-~~~,~ ~ ~-Norman M. Almack, President ~ Board of Di re ctors -2- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss . On this 7th day of Septemb er , in the year 19§2__, before me Ma rla L. Wagner , a notary public in and for said County and State, personally appeared Bernard E . Fipp , personally known to me to be Vice President of The Koll Company, a California Corporation, the Corporation that executed the within instrument, and known to me to be the person who executed the within instrument on behalf of said Corporation, said Corporation being known to me to be Managing Partner of Koll Carlsbad Associates_, a California General Partnership, the Partnership that executed the within instrument, and acknowledged to me that said Partnership executed the same as General Partner of Carlsbad Research Center and that Carlsbad Research Center executed the same . In witness whereof, I have hereunto set my hand and affixed my nqtarial seal, the day and year in this certificate first above written. OFFICIAL SEAL •· MARLA L. WAGNER • ~ NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Moy 6, 198t'., ~£t~--- NOTYPUBLIC INF0R SAID COUNTY AND STATE