HomeMy WebLinkAboutContracts & Agreements_4-1926_CCv0001.pdf 1
THIS AGRirLtii :i1T , rade and en::e::ed into this 1st daY or Do,,m;jcr ,
f
1926 by and betwcon the City of Redlands, a municipal corporation
1
of the sixth class, party of the first part, and Sunset Orangc Co=
a corporation, and Gertrude A. Moore, parties of the second part,
1
W!Ti4T-SSZTH
i
FIRST: tRELiIINAR"'
it STATEMENT Or FACTS':
I
(1) At and during the times hereinafter mentioned, second
f
' parties ;.ere, and they now are, the owners of, and in the possession
j and use o- those certain tracts of land, comprising approximately
fifty acres, situate in said City of Redlands; and described as
blocks thirty_tWo (;2) , thirty-five(35) and thirty--six (36) or:
i Redlands Heights as per Mi p No. eight (S) or Redlands Leig_c is of
f -
1
record in the office o':: the County Recorder of San Bernardino County.
f
(2) In the year 1913 second parties sur.,k a well on said block
thirty-six (36) and insta li led a purping plant on said :vel1, for the
purpose of o'o taini_.g there y a supply of water for the wrr iga tion OS
said lands, and did thereby obta_n a sufficient supply of mater for
the proper irzigation of said lands, and did thereupon use such supply
•oi water upon said lands for such irzigation thereof ; and second par tie;
did thereafter continue so to obtain and use such supply of water until
about july 1925 at which I-L-ne the water in said well became so lowered
and depleted that they could no longer purip or obtain water therefrcm,
and such co ditio n has continued until the present brie and stili con -
.-n ues a
(3) At or about the time that second parties sunk their said well
as aforesaid, first party also sunk, successively, sevcray v;e21s (corri
prising a tsgroup" of wells) situate westerly fro.a and near to said v:ell
-1-
of second parties ; and each and all of- said wells of First party are
so sa.tuat:e that they derive their canter largely or wholly, frc�z the
same underground source that: sup-plied and which only can supply said
well, of second parties.
(41 First party, fxo:ji the time that it sunk its said wells , has
been (and stili is) pumping and taking large quantities of water
therefrom and diverting and delivering such water "Co various localities,
in part outside of the corporate limits of said city, for use at such
localities for various purposes, including in part the irrigation of
agricultural lands.
(5) At the time of the depletion and failure of said wall of
second paArtieS as Gfozesaid, they clai.aied and they have ever since
claimed and do s t-i':l clair, that such depletion and .failure was due
to the taking of Trate✓✓ by first party, by means of its said yells in
excess 0. tC2e proportionate qua.nt:i.ty Of water that first party, as
againS% second art .es -might J-aStly or Iai=rful?y farce from said co-mason
underground source O1C Supp_y; that by such taking and the consequent
depletion of their said Jye-11, they, second parties, were deprived of
any available sup ply of tija ter for �.c_-Cessary ;rriga tion of their said
lands or any part thereof., which lands were largely planted to citrus
fruit orchards; t'rat by such depsiv�.tIOn of water they, second parties,
,:Tould suffer great and corti�•�i rg dc,.m;ge, and that first; party Was
legally and justly liable for such da age.
(6) Second parties, upon the failure of their said well as afore-
said, also threatened to bring and were about to bring, suit against
first party, for jud,�.ment defining and fixing the quantity oz wat:::
that might be taIken by first party frc:i its said wells, ��ri shout causing.
depletion of said well of second parties, and enjoining first party
from -Laking any via ter from its said wells in excess of such limited
quantity, and also for damages that has been substained, or should
be sustained, by seco':d parties , by reason of the previous taking ox
water by first party in excess of such limited quantity ; except and
provided that second parties offered and pro wised to forego the bringing
of such suit, upon condition that first party should legally bind
itself", by contract or otherwise, thenceforth to furnish and deliver
to second parties, upon reasonable and satisfactory tern's, such supply
of water as they should need for the proper irrigation of their said
lands, and should also compensate second parties for such damage as
they should theretofore have sustained by reason of the depletion cf
their said Well,.
(7) Tn response to such claLrls and threat of second parties ,
first party clail-'ed that i . had not, vrronglully or unreasonably,
caused any deplet?on o:� failure of said i3:ell , or any damage t0 SGCoild
parties, but, at the Saute -f�--s-� party realized that such t:ireat4'n�?
litigation would be 'l—o*:b .eso e and expensive tofrSt party, and thall-
i
the final result Ltle roof could not, be foreseen With any certainty, and
might be se--j o:zsly advets e and datrimental to first party, and there-
ore lirs t party deemed it best to avoid such litigation, if prat ti--
cable by S:,LZe reasonable co�^pYomwse a-d ser-tic-Meeh t ci7ith seco':d par tics.
(8} Therefore i`irs 'Tarty entered into negotiations With second
par ties v i.th a vier to effecting such settle.P:ent; and in order to meet
the immediate need of second parties for Iv ater .fox their said use, and
thus ensure a reasonable period or: time for a peaceful and care:eul
consideration o. the terms for such settlement , zirst party entered
into an informal and temporary arrangement with second parties whercby
pending such negotiations, first party should lurnish and deliver to
second parties their required supply of water, subject to a reasonable
and :fixed charge :Cor the same, to be paid by second parties from
time to time upon deliveries o= such water ; and such temporary
arxangement has continued and been complied with by both parties to
the present time.
(9) in the meantime negotiations for such settlement have beer
conducted involving the adjustment of various matters and details as
to which there has, for a time been more or less conflicting views
and disagreement, until finally the terms for such settlement have
been agreed upon as hereinafter stated.
SECOND : TE'R'MS AND
PROVTSiCi�dS OF r.GR3EEtiT
By reason of the facts and conditions hereinbefore stated or--
referred
rreferred to, and in full sat"i-e=:.en. o- all rights o- claims as to
such ratters, it is hereby agreed by and bet-ween each and all of the
parties hereto, as fol-lows :
:
Party of the .first part, in cons iderat-i.on of the covenants and
agreene:ts herein a�tet conLaine d, which are to be strictly kept and
perforr,ed by parties of the second part, does hereby covenant and
agree with said second parties, to perpe�ually furnish and deliver
water to second parties to be used fo"r irrigation puxposes only upan
and subject to the :ollc;,.i ng terms and co di Lions :
(a) Quantity o:C Water :
First party w7 k 1 w'uxnish arz-d deliver to second parries not to
exceed six hundred miners inches of water per month during each and
every month of the year that second parties may require and demand
delivery of such ijatc- or such 'Lesser quantity than six hundred -m-incrs
inches per month as second parties may reauir.e and demand, said water
to be delivered in irrigation AIjgaA,s_ of approximately tweniy--five miners
inches per day as the same may be ordered by second parties. There
-4-
shall be no right of cu-�ulat4 on ox said grater fro
one month to
the maxi-mum, quantity Of water of which second
' another, that is to say, q
parties can deu and delivery in any one ronth is hereby limited to six
hundred miners inches, ' (For the purpose of this contract, one miners
inch of cr:atcr is hereby described as a one-yifticth part of a cubic
foot per second, cons-01-ant flour, throughout a period of twenty-four hours)
(b) Place of Delivery:
Said %vater is to be delivered to second parties by first party at
the hydrant, wier boy; or po4.nt of delivery situate at the high elevation
on that eertai}: real proper41 herei.�oe-Lare described as lands ovrred by
second parties, a- vrh ic;z point the said first party has heretofore been
r
den J.iveriIg water to second parties, or such other point as may be agreed
upon.
(c) Place of use
Said Fval-er shall. be used on that certain real property herein bel ore
described as lands ovnaed by second pa.»ties , S 1.Cuate nGia@ Of said vra ter
sh�,.x be i.tCiiiio nal 5 y conduc ted eyond or away
from the said real pro-
puxiy or used o_a any other prop eL Ly. Should said water or any portion
thereof, be L ansported Ol cond.-acted away from said property, ZOr use
el.seviilere than thereon, or used elseSvhere th an an Su'tid real pr Cy t?-=ty,
r;; -phis cont-ac-"- shall have the right 'Co, upon notice
�,hcn 'Aizs L pa: y o
t0 SvO.C2?d pu.t't,:.eS, disc G'ctt3YiLZe the furnishing and dr^.I7.vG-'.�ry to second
par"L�Xes O! that propor tiOn Of ";,he flow Of si:+. hundred -miners inches
per nGntzz he3aizi provided Which has been transported and conducted to,
and used on, of used on -real property other than that above described,
unless and until. 5eCc:Gpa=ties shall discontinue the delivery or use
of any of such crater upon such outside land, and in addition to paying
to first party the regular charge or rate, as hereina: ter sp�eci f Cad,
for all coater furnished by first party, shall. also pay to first Party
wSa
an extra charge of twenty_:Cive ( 25) cents Der mincrs inch Gr all
water that stall have been delivered or used upon such ours: 6% ;.and.
(d) Subdivision of said Proper ty:
Subject to the 'provisions con t-wined in paragraph lettered (i)
hereof, it is provided further, that this Contract may be divided,
that is to say, teat upon sale of Por tions ox said premises and the
COnt7 T'•l.anCt' Gf uSC' O' tt2L' 5�`me w or aG�'r:cul tura i Or horticu's lural pur-
poses, then an assigr:;�1c nt of the proportion Of tete maXimun- f;ow of
water herein provided on the ratio or: twelve miners inches per acre
per month, may be1ade, and first party will recognize a transfer from
second parties o F a portion cf to the grantees
their rights hereunder
taking i it:-e .o such Ddr Lice:� of said real pro�, erty as they may sell or
othertjise dispose Of so lona. as such .rarjsierred y ortio:l of said real
propey-4y is used fo_ agricultui:al or ho
rtAcultural purposes. In the
- bein reques=ced to c:o so, it will 'sake, execute
event of rirs- par �ty g
and deliver i0 Such grant-ees a d transferees, a neva cO'.. a Ct or now
COiitr�.C'�S CQi3tu:i i2w iag '-.a sam. 0 p;-Ovi sl S, cJVGerae^ti�LS and CO=di�i,10:1S as
here-i.11 contained On the rat'-0 O. twelve miners inches per acre per
mG:1th, but COiCi:-rGntiy I;Y:C'�G'LV2'cF1, first party LL=ill reduce and dC?CieaSc
the -1:1axi%uLL-La quant_ ;y G:i Water d iOr ;xna2r this COI2txaCt in the
same ar-culat thc.i: is being i c�ud,-d as the maxi-alum quant1 L, 1n S�^:d ?7E3 13
Con:tra cit O.i CO t1=acts d
(e) Pr ice and Payment:
First party wi-1 furnish and d.aliver said water as aforeScl. to
thirty-five
parties or their assig:ls at the rate of ,nix ty.-wive CC:1i S
W h first
; miners i:1a•1 fQ- each and every mi:�crs inc:7 of v.�.,ter delivered b'✓ -
party to second parties at the delivery point horein design atcd P
ing that in the event of sccOzzd parties changing said dclivery poi1 t t
this
a higher point than the one heretofore: used and conte, plated in L
-6-
contract, then the addi tional cost of delivering the :rater to such
: higher point shall be added to said thirty-give cent rate. Provided
further, tiZr:t said Chir ty--five ccr:t rate is based on the electrical
poti'rer rates, labor and material costs for the irrigation season of
1925, and the event that, and as of ter. as , power rates or material
or labor costs in
snffi_ciently to increase said thirty'-five cents
per miners inch rate herein specified, ;hen such raise shall be increased
directly to such costs of ourpi.ng shah, have increased. It is specifi .-
tally provided that said thir-y-five cart rate is based on the cost of
deliver=ng :Tater from the 135 foot eater level in the yells of the City
of Redlands and thz;t the only increase in charges against second par-
ties fo".: wa er so delivered shall be an. increase caused by higher
charges for power labor ow materials and that there shall be no in-
creased cos is on account Os. w4 ter 'lowering in the wells and the cost
i_ncreasir:g because of the higher lift.
Sills �:or Igarer do- ivered are to be rendered monthly by first
party and payL-Lent the eol „jade VJ".er"i n "i.l:ir ty days of presentk a :ion and
i.i not so paid, such bilis sha" beccne delinquent. First party re-
serves the righ L to discon t1.1C�r. e s.^ V�Ce ;;O second pas"i ieS dun a:ag such
deling7aency, but on paym.en t of all delinquent bills, togeth er laith
interest on balance due frau (fate of delinquency to date of paymc t,
at the rate o•f one per cen per month, service shall be re--established
until �.
Gn0 Ld1er CC'':t.iigl:.Gy:«Cy OCC:=r3•
In addition to all other rights reservod herein by first party to
enforce payraent :ior water delivered to second parties hereunder, first
party shall haves tine right to bring suit against said second parties
for the amount of such delinquent': bill or bills and interest thereon
as herein specified, together iTil th costs , including a reasonable
-7-
attorneys s fee to be fixed by the Court in wizic:~l such sui nay be
brought.
(f) Ordering Water and Fixing Schedule of Delivery:
second parties yearly, on or before April lst of each
year, notify Water Department of first party, in writing, as to
second parties estina ted monthly require:�ents of irrigation water 'Lo--
the
orthe ensuing irrigation season, to-,.,;it : From %gay to November of such
year, also as to the approxi-,,late monthly dates of delivery best suited
to second partiesreed and the schedule of delivery and quantities to
be de'llivered shall hold throughout the ensuing irrigation season, unless
change therein -s m.0 lualyy agreed upon beCween the parties to this
a gree zien t.
Second parties ,aY 7 in the winter months of non-irrigation season
Of each year, doina�'d and receive from. firs , Party, water t0 be used
for i r1.gatio:a p-a pose_s Lipo.-3 the Teal propertNhexeinbefOra deSCrlbG'd
upon second parties g-;V4g to first party notice in viritzng not less
than t.vo days before the date on which delivery of such .nater is re-
quired, the place of dei=very being that hereinbefore specifier:, and
the maximtun 0,7uan.titY a= Water vahich second parties can secure in any
one month being "i--ail ted as herein nbezore provided. The price vinich
second parties sha-11 lay to f rst party for such [Vater delivered in
ti1C n0'n_4 rr-Cgai:ion season shall be determined on the base rate herein-
before d sig:�ated with tre sage allo.vance for increase or decrease fro:,
said base rate as said .?later rate has been increased or decreased to
second parties for the water delivered during the irrigation season nex•
preceding the time o' da'?ivory of such water during the vjinter season
or non-J.rr i gation mon the.
(g) Source of Supply:
First party reserves the riCht to furnish said water from any
-8-
available water which it may have or which may now or hereafter be
at its disposal, and only covenants and agrees that said water shall
be free from detritus, but does not agree to furnish water sufficiently
pure for drinking or household purposes.
(h) Unforeseen Conditions or Acus :
In the event of storms, viashouts , earthquakes or any other unfore-
seen contingencies over vfnich Eris t party has no control, taking place
which result in damage to first party's puivoing plant or delivery sys-
tem or in the event of shortage or poo=ler any of Nvhich events at any
time inter:+ ere wi-th, hinder or stop the delivery of water hereunder
temporarily, first party shall not be held responsible or liable for
the none-delivery of water on scheduled time as herein Specilied nor
shall firs- party be held 1^.able or responsible for accident, break-
L,
down, breakage, saridi,ng of wells or any other up-foreseen condi tion
result'i;g in inability of .fess- party to make delivery of :'.rater here-
under o. scjiediL=ed ti—ine, but first pzrty shall., no matter what may be
the cause of such interfe=erce vqith the pumping and dalzvering o.L L'Jater ,
Wi th all. due C-Tideavo3 to repair the danage and to re--establish
its puapi.ng and delivery sys-Cern a:d first party shall, as soon as such
breakdovr.-, or in-a fere_ ce can be rcmaedied and repaired, re-establish
its and delivery system and recorumence the delivery of
Water to second :p�artie s. in the event of delivery of %'.rater ceasing
hereunder f roii some unforeseen cause over which first party has no
control, the schedule- o'� delivery under which second parties are re-
ceiving water shall be advanced the number of days or fractions of days
required by first party to re-establish its system and rccoMr.(_1,ce ?he
delivery of vlater hereunder, but no liability shall rest on firs TparLy
for any such interference with sucil delivery -:o second parties,
.Lng failure to use reasonable diligence to re-cstablish its pumping
. r
and delivery system and prevent such interference. In no event
shall first party be Liable to second parties or to any person
cla:.Hing under this contract by reason of any failure to furnish cuter
hereunder, unless such failure be wilful or intentional or shall con-
tinue for a period of ten days after written notice thereof from said
second parties or any person claiming under this contract, has been
received by first party, nor shall first party be deemed to have made
default in any agreement to furnish such mater hereunder unless failure
to furnish such gra ter shall be yr iful or intentional or shall continue
for a period of ten days after c�ritten notice thereof from said second
parties or the pesso'.a cla4-nin.g under this contract has been received
by first party.
is speci.'L ically provided that all not=ices to be served upon
first party by second party under the provisions of this section of
this paragraph, Taus t be served upon the City Clerk of the City of
Redlands, and that notice served upon any other official or upon any
agent or eri7"ogee of th-e City of Redlands o-:--her than the Said City
Clerk, shall not be s—L-*f icient for the pur,-poses of this contract.
(i) There shall be no use of any portion of such water to be
delivered under this contract for household or domestic use nor for
the irrigation of i a;SMS f lo- ers, shrubbery, ornamental treas or orr.•a-
:cental verdure of any c:Lscriptioz upon the premises here- Lore
described or on any portion thereof and no use made of said water for
any purpose other than that of irrigating for agricultural or horti-
cultural purposes ; it is speci.::ically agreed, however, that the use
as herein liriz:ite d does no-L-. apply to the use of a normal• amount of
waste water flowing from said property.
.It is further provided that upon the conversion of any portion of
the said real property by second parties or by their successors in
"10-
interest- or by t-ho assigns of second parties or by any person, firm
or corporati:�.1 .into use other than agriculture or :Horticulture, that
the portion of said prenises so convert-ed into such other use shall
not be furnished with such irrigation water further and the notal quan-
tity of water herein contracted to be furnished shall be reduced on
the ratio o: twelve miners inc es per acre per month for the total. of
said portions of the said property so converted into other uses.
Such reduction of the total quantity of :nater hereunder shall be
made fro,a time to C.Lae and at all of such times that the real property
herein described or any portion thereof is converted into use other
than that of agLicultcure or horticulture.
in consideration o-j! the execution of this agreement. by first party,
and of the due anda.'i.thful* perforu?ance hereof on the part of first
party, Second parties hereby recognize and concede Lhe right of f irs't;
party to hereafter take and divert water .from its said wells, to any
extent and in a,ny manner that first party may deem proper or desirable,
and do also hereby naive and abandon all .Y.ight or claia of right to
compensation for azy dal, age that has been or shall be sustained by
second parties by reason of any taking of water heretofore frorm said
a:e1�s; except and provided that, it first party shall cease to per;forr::
this agreemanit on its pa.xt, or if this agreement shall be terriina.ed
or annulled by decree of court upon action brought by or on behalf of
first party, then second puwties shall thereupon and thereby be res-
tored and reinstated as to all xialghts they had prior and L'.p t0 the date
hereof, as against -the taking of water by or under first party fro.-,,iits
said wells, and as to compensation for dzarage caused by such taking,
and the t:Lme that shall elapse f re x date hereof to date of suc;I cessa-
tion or perforriance or such ter-m-Ination or annullnent, shall not be
claimed, considered or allowed as any par-01 of the statutory period of
limitations , as against the assertion or enforcement of any or all
of such restored or reinstated rights by legal action that may be
brought by second parties or their assignees or successors in interest-
INN WIVZBSS V9-a.RS0F the duly authorized o�:iccrs o' f--.rst party
an}d of the said Sunset Orange COMIpany, a corporation and Gertrude A.
Moore, the parties of the second part have hereunto set their hands
and seals the day and date first herein written.
City of Redlands
By Allen President, Board of
Trus-cees
(Seal of the City of Redlands) Attest C. P. `nook, City Clerk
(Corporate Seal) Sunset Orange Company, a corporation
Authorized Dec„ w-1926 By L. L. ;•loore, Pres.
Boo: of D-1-Mutes No. 12
Page l.l, Att. F. W. Moore, Sec.
Ca, P. Took, City Clerl.
Gertrude A. Moore {�)
STATE OF Cts LI M. IA, }
SS:
County of San Bernardino }
On this is t day of December A. D. 1926, before re V7alter J. Tartzel
a Notary Public in and for said County, personally appeared L. L. ;Moore
icnovnz to rue to be the President and F. W. "Moore knoana, to ne to be the
Secretary and -treasurer of the Sunset orange Co=pany, the corporation
that executed the vat thin instrument., kno7mn to me to be the persons who
executed the within instrument on behalf of the Corporation therein
named, and ac'k_ocYledge% to me that such corporation executed the same.
In Witness Whereof, I have here nt—.o set "":7y hand and affixed my
official seal the day and year in this certificate first above written.
Walter J. Hartzell
(notarial Seal.) rotary Public in and for the County of
San Bernardino, State of California
-12-
✓ 6 e
STATE OF CAT—Il-FOR. NIA, }
} SS :
County of San Bernardino }
On this is t day of December 1925, before me I alter ✓. llar tzell,
a Notary Public in and for said county, personally appeared GERTRLD
Ao MOORE known to rae to be the person described in and vfhose nave is
subscribed to the -Foregoing insL. .and acknowledged to me that She
executed the sale.
VrITNESS my hand and official seal.
(Notarial Seal) Walter J. Hartzell
Notary Public in and for the County or
San Bernardino, State of California
STIaTE G.� Cfi 5 FCZNlA , }
} SS:
Coun-Ly of San Bernardino }
On th-is 'Ist- day of Leccrber 1920, before ,-.e Walter J. Hartzell,
a Notary ublic in a-.d for said County, perso:jally appeared ALLEN
1%94BATON lc o it to e to be ti-e President of the Board of Trustees of
the City bf 't�edI.^.T?'�'•`�,, F d C. p. 17vv{ �<ro�]n to me to ✓e tC'te �`1t)1 Clerk
of the C.-ty o Rec- ands, a m,: :is .pa- corporation, and I nov t0 re to
be the persons Ivi—jo execta ted the vrit hi._zinstru:a:en t on behalf of said
City of Redlands, and ack.aoviledged io vele that such corporation executed
the sal+-le.
WITINESS ray hand and official seal.
(Notarial Seal) Walter J. Hartzell
Notary PL::014c in and for the County of
_ w
San Bernardino, State of California .
No. 80. "E-ndorsed" Recorded at Request of L. L. Moore, Oct. 18,
1927, .. Min„ past 12 Ni. in B001C 286, Page 159 of Official Records, San
Bernardino County, Calif. Fulton G. Feraud, County Recordor. By Eva
Renis, Deputy. Fee $x.80. Corlpared A. Clark G. Roxvsey
< � v
i ! B- 0042
n U
Z ,4 Q Ll
IAV
a�Y vuA L
3w z_ Q ~
W uia ylua. ,.Q z ti z
a L,
04 'y
Cz7 1p) J. Q
z3 �nz�w ru oer Ca> U
()f W
L16 LLI rb 0 x IS) Q
1 w
co
LL
co
url
ti ay
A � ;
b y
ti Nom✓ o w
' •lf�
O
2 U J
�o In - y
• .t� U
J ¢ o
v t (D ��P
Y
LQ
D
S d
k
c
..
D ^�
o `d • a (i�� ��S`�i11 y -p�
00
N
--1
m� D7�J Zv mV Uv �u 1-
16
n
2urri
y
`�(�Im / •�
G. .•O C•. (
in
YIrri
C� rti ra 11i4in4 y'�Id
t 1q
I
;OF
l J
ra;Ai-R-CleA&V d y
c'IA.YI./EZ/:C f•0:.y1r7� 1�- ea,16,Ac6.
pc\
3S Lond owned by Me
/ /5.02 Ac. \`\ 69 P°� \\ /� \': ;;. E/ Corme% Relreol House Inc.
'14 Awl
\ 36,,.E �\
\ QC.. \\
/ t
(5,66 Ac. 32
)
\
` 9.3/Ac. i �y.13 All
2 I \ \ 1
/ � ', �\ y Propared Frsewoy R�W
S£Ru10E AREA Of 1926 WATER CONTRACT - �l56AC)
Per Deed Recorded in 8k 523,Pg.375
Deeds, Officio/Records, So,? Bawo-ckw Co. � Z
x�
Dole-2-26 59 °r"•s'r y 1�sit
D--,,by: e&I j,,, E
'F