HomeMy WebLinkAboutContracts & Agreements_8-1964AMEENENT
MS A,reement is mace this -1
day of June
1 1 ---
by and awon6 the City of aedlands, a municipal corporation, herein
called "City", hentone Acres Lutual dell Company, a corporation,
herein called "Company", and Ro8er S. obeeler and aobert
Anderson, herein called "Developers".
RECITALS
1. Company is a mutual water company servin6 irrQation water
to certain lands within the boundaries of City,
2. Developers are Qe owners of land being served irri8ation
water b, Company and the holders of share of Company's capital
stock.
3. Developers desire to develop their property for residential
uses and to fulfill City 's requirements for domestic water service.
4. City desires to acquire the means to take deliveries of
water produced by Company.
NOW TAEREFORE !T 1S AEREBY AGREED among tne parties as follows:
A. Developers hereby a8ree at nair sole expense to cause to
be constructed upon the real property hereafter described a booster
pumpin; station inaccordance with plans and specifications prepared
by Edward Fitzgerald Dibble, consulting; engineer, wKicu said plans
and specifications are hereby accepted and approved by all parties.
The real property hereinabove mentioned is describdd as follows:
All that portion of tLe Southeast � of Section 13,
Township 1 South, Range 3 West, San Bernardino Base
and Neridian, in the County of San Bernardino, State
of California, according to Government Survey described
as follows:
C011,,-ENICING at tae Soutteast corner of said Section 13;
thence along, tae centerline of 66 foot wide San Bernardino
Avenue; thence South 00' 32' aest 409.0 feet to an iron
pipe; thence continuing South 06' 32' Rest 26.30 feet to
an iron .pipe; thence North ? 20' test 33.00 feet to the
true point of beginning; can North line of said San
Lernardino Avenue; thence from the true point of beginninz�
continuin8 North Y 20' hest 9.30 feet to an iron pipe;
M=H
thence continuing -North 10 26' West 5.00 feet; thence
North 360 32' East 26.00 feet; thence South Y 28'
East 5.00 feet to an iron pipe; thence continuing South
1' 26' East 9.00 feet to a apoint on the aforesaid north
line of San Bernardino hyenue; thence along said line
South 86' 32' West 26.00 feet; to the true point of
beginning.
B. Upon completion of the booster pumping station City
agrees that for tine purpose of receiving shares of Qqp;pyVs
capital stock in meeting City's requirements for furnishing
domestic water service, each share shall be rated as delivering
10.9 miners day inches per month (subject to any change which may
result from an ad3udication affecting company's water rights)
and the purchase price of each share sold to City sAall be at
a price as may be set by resolution of the City Council of City
based upon said council's estimated value of tiie capital asets
of company.
C. Company agrees that water deliveries to City by virtue
of its stock ownership in Company small be through Company's
lines to tae booster pumping station upon delivery schedules
mutually arranged between City and Company.
D. Company shall own the booster pumping station and all
equipment and appurtenances thereof and all replacements and
additions thereto.
E. City shall assume and pay for all care, maintenance,
repair and operation of the booster pumping station including the
valves and lines between the aforesaid parcel of real property and
the transmission line of Bear Valley kutual Water Company and to
pay the cost of electrical or other power consumed by the booster
pumping station in connection wito deliveries of Company's water
to City. In the event Company shall commence the use of the
booster pumping station and lines aforesaid for the purpose of
delivering Company's water to persons or entities other than City,
the cost of said care, maintenance, repair and operation shall be
-2-
apportioned between Company and City and paid by each in
proportion to the respective use of said station and lines
and Company shall pay the cost of power consumed in connection
with its said use of said station.
In the event City should cease to use the booster pumping
station for the purpose of receiving deliveries of Company's
water, its obligations in this Paragrapa E shall terminate;
provided however, temporaty cessation of deliveries of such
water to City shall not operate to terminate City's right to the
use of said booster pumping station andlines and termination of
aid right shall occur only upon written notice from City to
Company of City's intention to cease receiving deliveries of water
from Company.
F. ;developers agree to indemnify and hold Company and City
Aarmless from all costs, expense, liabilities or other obligations
arising from or in connection with the construction of the booster
pumping station.
G. City agrees to grant an easement to Company for the instal-
lation, maintenance and repair of a water pipe line on San
Bernardino Avenue commencing at Wabash Avenue approximately 436
feet Westerly to a point Southerly of the Westerly boundary of the
aforesaid real property.
H. Developers agree to pay to Company the sum of $100.00 in
full reimbursement for any damages sustained to citrus trees located
upon the aforesaid real property as a result of the construction
of said booster pumping station and appurtenances.
IN WITNESS WHEREOF parties hereto have executed this Agreement
the day and year first above appearing.
CITY OF REDLANDS MENTO AUffs gLyl�COMPANY
M B y :P W�
ByYt,�
/ 7 a l t s 7�6'1
p y "Company"
"Developers"