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HomeMy WebLinkAboutContracts & Agreements_4-19671 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -WATER SALES AGREEMENT THIS kGREEMENT, executed by and between the CITY OF IREDLANDS, hereinafter called CITY, and COUNTY SERVICE AREA 90. 2, a California county service area, hereinafter called AREA O. 2, is entered into this day of 19 1. AREA NO. 2 desires to acquire a water supply for reasonable beneficial use by its inhabitants, landowners, and Iwater users, who are entitled to receive service. 2. CITY presently has certain water which may be supplied to AREA O. 2 on a temporary basis, 3. CITY owns the lawful prescriptive right to produce and extract water for reasonable, beneficial use, and has a portion of such supply available for sale to AREA NO, 2 at the .price of 15.00 per acre-foot. COVENANTS_ For and in consideration of the mutual covenants set 1forth herein, the parties hereto agree as follows: 1. WATER SALE: CITY agrees to sell and AREA NO. 2 hereby agrees to buy from CITY during each year of the term hereof 400 acre-feet of water, provided that, by mutual written agreement of the parties, the amount of the maximum delivery of water here- under may be increased. 2. PRICE: The price for all water received by AREA O. 2, in accordance with this agreement, shall be $15.00 per acre-foot, provided that 400 acre-feet shall be paid for by AREA NO. 2 at such rate whether or not AREA NO. 2 takes delivery of all of such water offered to it by CITY. 3. STATEMENTS: All sums of money owed to CITY by AREA NO. 2 shall be paid promptly upon receipt by AREA No. 2 of a statement of the water delivered during the preceding month. CITY shall render to AREA NO. 2 a statement on the first day of 1. i!! I I ; 1 MUMMI]w 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 during the preceding month. 4. TERM: The term of this agreement shall be four (4) years, beginning the lst day of May, 1967, and ending the 30th day of April, 1971, such term may be ext. ended by mutual agree- ment of CITY and AREA NO. 2, in writing, and duly executed by the parties prior to expiration of the term. Either party may request of the other for an extension of this agreement at any tree. 5. CONDITIONS OF DELIVERIES: The conditions under which the CITY shall rake deliveries to AREA NO. 2 as provided herein i are as fol.l.ows : (a) The maximum rate of delivery shall be 500 gallons per minute. (b) CITY shall make water deliveries to AREA NO. 2 at the normal pressure of the CITY water system. (c) The quantities of water delivered hereunder shall_ be determined by a measuring device to be installed by CITY at Richardson Street and Redlands Boulevard in the County of Sian Bernardino. no. (d� Installation by ARE U0. 2 of facilities and e tensi.ors necessary to take delivery of any and all water purchased. 6. WATER RIGHTS: This agreement shall not have the effect of transferring any right owned by the CITY;, whether over- lying, riparian, appropriative, or prescriptive, to ARF.A MCA. 2, or any other person, including but not limited to any water user, landowner, or inhabitant of AREA NO. 2. 7. LIABILITY; Y; If any unforeseen act of God, natural causes, repairs, enactment and operation of law prevents the delivery of eater by CITY to AAA NO. 2, in accordance with this agreement, CITY shall not be required to continue such water service until the cause of such cessation of delivery shall be at an end. No liability for any damages resulting to AREA No. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 County Service Axea No. 2 11126 Anderson Street Loma Linda, California City Clerk City of Redlands city Hall Redlands, California WITNESS IN WHERSOF, the parties have hereunto ub cr d their names theday and year hr ive written. COUNTY SZRVICE AREA 90. 46 WALDO F . BURRO UGH a , ' yo r City , , Cif of RU nd 3 .