HomeMy WebLinkAboutContracts & Agreements_12-1971WATER SALES AGREEMENT
THIS AGREEMENT, executed by and between the CITY OF REDLANDS, hereinafter
called REDLANDS, and THE CITY OF LOMA LINDA, hereinafter called LOMA LINDA, is
entered into this 1st day of May 19 71 .
1. Loma Linda desires to acquire a water supply for reasonable beneficial
use by its inhabitants, landowners, and water users, who are entitled to receive
service.
2. Redlands presently has certain water which may be supplied to Loma Linda
on a temporary basis.
3. Redlands 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 Loma Linda at the price of $30.00 per acre-foot.
COVENANTS
For and in consideration of the mutual covenants set forth herein, the
parties hereto agree as follows:
1. WATER SALE: Redlands agrees to sell and Loma Linda hereby agrees to
buy from Redlands during each year of the term hereof, 100 acre-feet of water,
provided that, by mutual written agreement of the parties, the amount of the maximum
delivery of water hereunder may be increased.
2. PRICE: The price for all water received by Loma Linda in accordance with
this agreement, shall be $30.00 per acre-foot, provided that 100 acre-feet shall
be paid for by Loma Linda at such rate whether or not Loma Linda takes delivery
of all of such water offered to it by Redlands. In the event any tax or charge
is levied by the San Bernardino Valley Municipal Water District for water extracted,
this charge per acre foot shall be added to the $30.00 charge to be paid by
Loma Linda.
3. STATEMENTS: All sums of money owed to Redlands by Loma Linda shall be
paid promptly upon receipt by Loma Linda of a statement of the water delivered
during the preceding month. Redlands shall render to Loma Linda a statement on
the first day of each month showing the amount of water delivered to Loma Linda
during the preceding month.
4. TERM: The term of this agreement shall be one (1) year, beginning the
lst day of May, 1971, and ending the 30th day of April, 1972, such term may be
extended by mutual agreement of Redlands and Loma Linda, 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 time.
5. CONDITIONS OF DELIVERIES: The conditions under which Redlands shall
make deliveries to Loma Linda as provided herein are as follows:
(a) The maximum rate of delivery shall be 500 gallons per minute.
(b) Redlands shall make water deliveries to Loma Linda at the
normal pressure of the Redlands water system.
(c) The quantities of water delivered hereunder shall be determined
by a measuring device installed by Redlands at Richardson Street and
Redlands Boulevard in the County of San Bernardino.
(d) Installation by Loma Linda of facilities and extensions 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 Redlands, whether overlying, riparian, appropriative, or
prescriptive, to Loma Linda, or any other person, including but not limited to
any water user, landowner, or inhabitant of Loma Linda.
7. LIABILITY: If any unforeseen act of God, natural causes, repairs,
enactment and operation of law prevents the delivery of water by Redlands to
Loma Linda, in accordance with this agreement, Redlands 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 Loma Linda from
such causes shall be imposed upon Redlands.
8. NOTICES: Any notice or statement required by this agreement shall be
complete and sufficient upon depositing it in the United States mail, postage
prepaid, to the following addresses:
City Clerk
City of Redlands
City Hall
Redlands, California
City Clerk
City of Loma Linda
P. 0. Box 965
Loma Linda, California
IN WITNESS WHEREOF, the parties have hereunto subscribed their names the
day and year hereinabove written.
ATTEST:
City Clerk, City o£ Loma Linda
CITY OF LOMA LINDA
d 4 - , C F A 5;;
DOUGLAS F. WELEBIR
Mayor, City of Loma Linda
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ATTEST:
Cit Vrk, Cit of Re�nds
CITY OF REDLANDS
ACK B. CUMMINGS
i
Mayor, City of Redlands
Water Sales Agreement -
Rediands & Loma Linda
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