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HomeMy WebLinkAboutContracts & Agreements_7-1965i i 2 i i 31 4 1 51 i 6° 7 8! 9 i 101 i1 l 12 13j 14 15 E 16` 171 i 18 E 191 i 201 211 22 23 i 241 25� 261 271 281 i 291 30� 311 32 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 121 1 131 141 151 1 161 17 ii 181 IE 191. 20 21 p 22 231. 24 25;1 li 26 2711 28 29' 30 1i 31 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. -2-