CONTRACT 0640 OtherA G R E E M E N T
THIS AGREEI,ZENT, made and entered into this 5th day of
Ngvember
b ax, 1918, by and between WEST BASIN MUNICIPAL 'WATER DISTRICT,
a municipal water district organized under the Municipal Water
District Act of 1911, hereinafter styled West Basin, CITY OF EL
SEGUNDO, a municipal corporation, hereinafter styled El Segundo,
CITY OF MANHATTAN BEACH, a municipal corporation, hereinafter
styled Manhattan, and CALIFORNIA WATER SERVICE COMPANY, a corpor-
ation, hereinafter styled California,
W I T N E S S E T H:
WHEREAS, West Basin was annexed to The Metropolitan Water
District of Southern California, a metropolitan water district
organized under the Metropolitan Vlater District Act, and herein-
after referred to+as Metropolitan, upon the terms and conditions
of such annexation fixed by the Board of Directors of Metropolitan
by its Resolution Ido, 3705,and which said resolution provided,
among other things, for the provision by Metropolitan of a main
lateral pipe line from its Palos Verdes feeder to Aviation
Boulevard in the vicinity of Manhattan Beach Boulevard and for not
more than five turnouts to be located on said main lateral pipe
line and all meters required in connection with said turnouts
to be provided at the expense of Vilest Basin, but upon installation
to become the property of Metropolitan; and
WHEREAS, El Segundo, Manhattan and California are entitled
to receive water furnished by Metropolitan to West.Basin through
said main lateral pipe line as consumers of gest Basin; and
WHEREAS, El Segundo, Manhattan and California have hereto-
fore requested West Basin to provide for the extension of said
main lateral pipe line from the vicinity of Manhattan Beach Boule-
vard and Aviation Boulevard to the vicinity of Center Street and
Redondo Avenue in the City of Manhattan Beach and agreed to pay
the cost and expense of such extension; and
WHEREAS, West Basin requires that the consumers who are
to be served with water through meters located at the turnouts
to be provided by Metropolitan under said Resolution No. 3705
of the Board of Directors of Metropolitan pay for such meters
and the installation thereof; and
WHEREAS, pursuant to said request of El Segundo, Manhattan
and California, West Basin has entered into an agreement with
Metropolitan for an extension of said main lateral pipe line
from the vicinity of Manhattan Beach Boulevard and Aviation
Boulevard to the vicinity of Center Street and Redondo Avenue,
a true and correct copy of which said agreement is annexed hereto,
marked Exhibit A, and by this reference incorporated herein as
though herein set forth at length; and
WHEREAS, said agreement likewise provides for procuring
and installing meters for El Segundo, Manhattan end California,
respectively, at the turnouts to be provided for the furnishing
of water to each of them; and
WHEREAS, said extension of said main lateral pipe line
and the three turnouts at the end of the extended line can be
constructed more quickly and at less cost if constructed by
Metropolitan under the terms and provisions of said agreement,
Exhibit A, and it is to the best interests of the parties hereto
that said extension and said three turnouts, together with the
meters therefor, be constructed and installed as provided under
and pursuant to said agreement;
NOW, THEREFORE, in consideration of the promises and of the
mutual covenants herein contained, the parties do agree as follows:
1. El Segundo, Manhattan and California shall deposit with
West Basin the estimated cost of constructing said extension of
said main lateral pipe line in the following proportions:
El Segundo,
50
%
of said estimated cost;
Manhattan,
25
of said estimated cost;
California,
25
a
of said estimated cost;
-2•-
and each of said parties shall likewise deposit the estimated
cost of the meter to be procured and installed by Metropolitan at
the turnout provided to serve it, all as provided in said agreement,
Exhibit A, and shall likewise promptly deposit with West Basin
any additional sums which may be required of West Basin by
Metropolitan under the terms of said agreement, with the same
distribution among them as herein provided for the original deposit:
2. West Basin shall use said deposits solely for the
purpose of performing its obligations to Metropolitan under the
terms of said agreement, Exhibit A, and shall promptly deposit
the same with the Controller of Metropolitan for the purposes
set forth in said agreement.
3. In the event any money is returned to West Basin under
the provisions of paragraph 24 of said agreement, West Basin
shall thereupon return the same to El Segundo, Manhattan and
California, respectively, in accordance with their respective
shares of the deposits made under the terms hereof.
4, El Segundo, Manhattan and California shall have no
right, title, or interest in or to said extension, turnouts,
meters, equipment or appurtenances, but title thereto shall vest
in West Basin and Metropolitan, respectively, as provided and
set -forth in said agreement, Exhibit A.
5. West Basin shall utilize, said extension, turnouts, meters,
and other works acquired by it under the terms of said agreement,
Exhibit A, and the provisions hereof, solely for the purpose of
furnishing water from Metropolitan to its said consumers, El
Segundo, Manhattan and California, during the next forty year
period, and they shall not be used for any other purpose during
said period without the consent of all parties hereto.
6. This agreement relates only to the extension of said
main lateral pipe line and the turnouts and meters for service to El
Segundo, Manhattan and California and does not relate to or bind
the parties with respect to the turnouts and meters at Inglewood
Avenue and Arlington Avenue referred to in said agreement, Exhibit A.
-3-
7- El Segundo, Manhattan and California acknowledge that
West Basin entered into said agreement, Exhibit A, insofar as it
relates to the extension of said main lateral pipe line and
the turnouts at the and thereof and the rooters therein required'
for the service of water of each of them solely at their request
and upon their promise and agreement to perform each rn d all of the
obligations provided for herein, and full and prompt compliance
with the conditions hereof shall be a condition precedent to the
furnishing of any water by West Basin to then, or any of them.
In the event West Basin should institute action to recover any sums
which may be due It from any of them hereunder, such party against
whom such suit shall be brought agrees to pay a reasonable attorney's
fee to be fixed by the court in such action.
8. This agreement may be executed in counterparts,
I
and when so executed shall be doonod a single agreement, bind—
Ing upon each of the respective parties.
IN WITNESS THEREOF, tho parties hereto have caused this
agreement to be executed by their officers theretofore duly
authorized, the day and year first horoinabove written.,
Attest:
e
WEST BASIN IVIUNICIPAL IPTATER DISTRIC'71
asident
CITY OF EL SEGUNDO
By
AlayorYL-,,'
Attost;,,
CITY OF MANHATTAN EACH
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X
By Mayor---
At t o s t
-e.
df CALIFORNIA WATER SERVICE COMPANY
By
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