HomeMy WebLinkAboutContracts & Agreements_7-1965i
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AGREEMENT AND LEASE
This Agreement and Lease, made and entered into the
1st day of February, 1965, by and between the MILL CREEK
WATER OWNERS ASSOCIATION, hereinafter called "Association"
and STANLEY B. SCHWARTZ, doing business as the California
Trout Company, hereinafter called"Trout Company", provides as
follows:
1. TERM: The term of this lease shall be from
February 1, 1965, to June 1, 1965, and there shall be no ex-
tension hereof under any circumstances.
2. RENT: Trout Company agrees to pay rental of
$41.67 per month for the months of February, March, April and
May of 1965.
3. TERMINATION: If the Trout Company fails to com-
ply with the terms of this lease, or operates its hatchery
business or allows any other person to use the flow of Mill
Creek in an unreasonable manner which causes waste, or is in
any way detrimental to the water supply of the Association or
the City of Redlands, or there is a material change in the City
of Redlands' water system or the flow or transmittal of water
from Mill Creek, the Association may cancel this lease by
giving written notice to the Trout Company thirty days prior
to termination. Notice may be given by delievery to the person
in charge of the hatchery.
4. WATER SUPPLY: Association shall not be required
to deliver or supply water from Mill Creek in any quantity or
rate of flow, or in any quality or form.
5. LICENSE: Association shall permit Trout Company
to use water from Mill Creek for the purpose of operating a
fish hatchery business at the following location: Mentone
Boulevard and Newport Avenue, County of San Bernardino, Calif-
ornia. This license may be revoked by Association if trout
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company makes any unreasonable or wasteful use of water which
is detrimental to the public water supply, or which unreason-
ably pollutes it, or reduces its quantity; or which prevents
its use for municipal, domestic, commercial or agricultural
purposes.
6. LIABILITY: Trout Company shall hold Association
and the City of Redlands harmless from liability in damages
for any injury to persons or Property caused by any act of the
Trout Company, its employees, its agents, or any other person
under its control.
7. WATER RIGHTS: Trout Company shall acquire no
right to the use of water under this agreement. The license
to utilize water for fish hatchery purposes shall not confer
upon Trout Company the ownership of a water right of any nature
whether riparian, overlying, appropriative or prescriptive,
and Trout Company shall claim no surface or underground right
to water from Mill Creeh or the Santa Ana River Watershed under
this Agreement.
MILL CREEK WATER OTWINERS ASSOCIATION
BY
IM'd—aEgbr Crafto,111, Water 'Company
City M6xTa_qei _- Cityr of Redlands
CALIF -1& TROUT COMPANY-
M��.
BY.
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