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Reso 0228-02/1965 RESOLUTION NO. 228 AGREEMENT The San Marcos County Water District of San Diego County, a public agency, hereinafter referred to as the water district, and the San Marcos Fire Protection District of San Diego County, a public agency, hereinafter referred to a sthe Fire District, WITNESSETH: Whereas, the Water District is authorized to supply water to the inhabitants of the territory comprising the San marcos County Water District within the areal commonly known and referred to as the San Marcos Valley; and Whereas, theFire District is authorized to provide fire protection for the inhabitants of the territory comprising the San Marcos Fire Protection; and Whereas, the Fire District has installed certain fire hydrants on the water distribution system of the water District; and Whereas, it is the intent of the parties hereto to provide for the usage of water through said fire hydrants, and for the maintenance and repair of said fire hydrants and their replacement in the event of destruction or obsolesence; NOW THEREFORE THE PARTIES DO HEREBY MUTUALLY AGREE AS FOLLOWS: 1. The title and ownership of all fire hydrants installed by the Fire District shall remain and be the property of the Fire District. 2. The fFire District shall not install any addioional fire hydrants upon the water distribution system of the Water District without first obtaining the consent of the Water District. 3. The Fire District shall maintain and keep in good repair all fire hydrants now installed and any which shall subsequently be installed on the water distribution system of the Water District. 4. The Fire District shall bear all costs for the installation or replacement of fire hydrants except as herein otherwise provided. 5. All water used by the Fire District through said fire hydrants for fire fighting purposes including but not limited to actual fire fighting operations, drills and exercises shall be without cost to the Fire District and the Water District shall make no charge therefor; provided; that the Fire District shall obtain the consent of the Water District before conducting any fire hydrant tests or blowoff. 6. The Fire District shall be responsible for the repair of damage to any fire hydrant from whatever cause including damage to the water distribution lines of the Water District where such damage results from damage to a fire hydrant; provided, that the Fire District shall not be responsible for any damage to fire hydrants proximately caused by the Water District. Dated: 02/01/65 SAN MARCOS COUNTY WATER DISTRICT OF SAN DIEGO COUNTY SAN MARCOS FIRE PROTECTION DISTRICT OF SAN DIEGO COUNTY San Marcos Fire Protection District July 20, 1965 AMENDMENT REPLACING ARTICLE 6 OF THAT AGREEMENT BETWEEN THE SAN MARCOS FIRE PROTECTION DISTRICT AND THE SAN MARCOS COUNTY WATER DISTRICT, DATED FEB. 1, 1965, OUTLYING OWNERSHIP AND MAINTENANCE RESPONSI BILITIES OF FIRE HYDRANTS WITHIN THE SAN MARCOS FIRE PROTECTION DISTRICT AND CONNECTED TO SAN MARCOS COUNTY WATER DISTRICT MAINS. ARTICLE 6 IS AMENDED TO READ AS FOLLOWS: The responsibility of the San Marcos Fire Protection District for the repair or damage to any fire hydrant is limited to the hydrant head and break-off spool in the case of six inch or larger hydrants. In the case of four inch hydrants, the Fire District's responsibility is limited to the fire head and riser above ground level. The Fire District shall not be responsible for any damage to fire hydrants proximately caused by the Water District. SAN MARCOS COUNTY WATER DISTRICT SAN MARCOS FIRE PROTECTION DISTRICT.