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CONTRACT WITH OPTION
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1 This Agreement,Made and entered into this__15th day of November,2005
2 by and between the City of Redlands,a municipal corporation of the Sixth Class,Party of the first part,
3 and R.H.Paxton and Frances J.P4,ton husband and wife
part ies of the
4 second part,
5 WITNESSETH:
6 1. Party of the first part in consideration of the surrender and cancellation to it of its
contract dated October 21,2003 where in the first party therein and herein is required
to deliver to the Gene Belk Fruit Packing Company one hundred(100)day inches of
7 water each thirty days under the terms and conditions therein recited.
10 does hereby covenant and agree with second par-Lies to perpetually sell and deliver water to second part ies
I I and does hereby grant to second part ies the perpetual right to have and receive water from the water system
12 of the first party,upon and subject to the following terms and conditions:
13 (a)QUANTITY OF WATER
14 The irrigating season of each year shall commence on the first day of May and extend to the 3 1 st
15 Day of October,which season shall be divided into periods of thirty days each,the surplus days to come onto
16 the last period.The maximum quantity of water which the first party shall be required to deliver in
17 each irrigation period of thirty days shall not exceed the equivalent flow of
18 ONE HUNDRED(100) day inches of
19 water for a period of twenty-four hours. (For the purpose of this contract,one day inch of water
20 is hereby described as a one-fiftieth part of a cubic foot per second constant flow throughout a period of
21 twenty-four hours.)
22 (b)PLACE OF DELIVERY
23 Said water shall be delivered to second par(ies at any regular diversion point on the Mill Creek
24 Zanja which second part_io, their assigns or nominees may direct,excepting that
25 delivery of such water cannot be required East of Texas Street in the City of Redlands,nor West of the
26 Mountain View Avenue in the Mission District,which District lies immediately West of and adjacent to
27 the City of Redlands,San Bernardino County,and such delivery point may be changed from time to time
28 upon reasonable notice being given to first party,such changes to be subject to the capacity of a pipeline
29 which may be constructed from the Texas Street wells of the first party,Westerly and in general following
30 the course of the present Mill Creek Zanja,to or approximately to,said Mountain View Avenue.
31 Water to be measured at delivery point,There shall be no responsibility upon first party for the control
32
CONTRACT WITH OPTION"B'
EXHIBIT"A"
I manner herein provided.
2 Provided further,that the rate at which such water shall be charged by first party from
3 month to month to second parties as water is used by second partis,shall,during each irrigation
4 season,be either one or the other of the rates hereinbefore specified,but that at the close of each irrigation
5 season,first party shall definitely determine what its total cost has been during the irrigation season just
6 closed of producing and delivering all water produced from said Texas Street wells or wells in that vicinity
7 and delivered to users within the area or district herein described as place of use and first party shall
8 also determine the number of day inches delivered from said wells to users within said area or district.From
9 these two figures the average season cost of one day inch of water so produced and delivered shall be
10 determined,and if such determination discloses that said average cost exceeds or is less than the charge of
11 thirty cents per day inch imposed during said irrigation season,then said rate of thirty cents per day inch
12 shall be increased or decreased accordingly. At the close of each irrigation season when first party shall
13 have definitely determined what the average cost during such season has been of producing and delivering
14 one day inch of water hereunder to second part ies as herein provided,if there be an increase in the price
15 over the base price of thirty cents as herein provided,the number of day inches of water delivered by
16 first party to second part ies during such season shall be multiplied by such increased price over and
17 above thirty cents per day inch,and first party shall bill second part ies for such additional sum,and
18 second part ies shall pay the same within thirty days after presentation of statement,or should there
19 be a decrease in such price,then first party shall,in the same manner determine the total amount of
20 such decrease and shall,within thirty days after making such determination,refund to second part ies
21 the difference to which said second park les,are entitled over the amount thus determined as the cost
22 of production and delivery and the amount actually paid by secondpar_e_s. For the purposes of this
23 contract,the term"cost of production and delivery"of water from said Texas Street wells or wells in that
24 vicinity owned or operated by first party to furnish water hereunder,shall be the proportion of production
25 and delivery cost that the quantity of water famished from said wells to second part ies hereunder bears
26 to the total quantity of water produced fi`(Mi all wells owned or operated by first party at said Texas
27 Street plant,from which any water whatsoever is furnished to users within said area or district and to first
28 party as a common source,such proportionate cost to be based on the following cost items:
29 (A) All power costs and charges.
30 (B) The cost of all labor used in operation of pumping plants and wells,
31 (C) Cost of all supplies used in operating plant and wells,
32 -4-
CONTRACT WITH OPTION"B'
EXHIBIT"A"
I the said water user desirSs_to put under the thirty cent rate class herein provided for.
2
3 (e)PERIOD OF CUMULATION.
4 If,during any irrigation period of thirty days,second part��ies shall fail to take and use the
5 full quantity of water to which_ then are entitled hereunder and such failure does not arise from any fault
6 or negligence of first party,then,and in that event,such failure shall not entitle the said second
7 part-to receive,at any time thereafter any such deficiency of water,to the end that no right to cumulate
8 any water deliverable hereunder shall accrue to said second parties beyond any thirty day period
9 hereinbefore designated. Provided further,if said second part ies should,at any time receive water from
10 first party in excess of the quantity first party is obligated to deliver hereunder,said second
11 part ies agree that they shall not acquire,nor will LheL ever assert any claim to any right to the
12 continued use or delivery of such excess water,and any such use or delivery of such excess water shall
13 always be deemed permissive and not adverse to first party.
14 (f) WINTER WATER.
15 Second part ies may in the winter months or non-irrigation season of each year,demand and
16 receive from first party water to be used for irrigation purposes in the district hereinbefore described
17 upon second part j�es giving to first party notice in writing not less than five days before the date on
18 which delivery of such water is required,the place of delivery to be limited to place or places designated
19 in paragraph letter(b)of this contract and the maximum quantity of water which second part ies can
20 require in any one period of thirty days shall not exceed the maximum quantity specified in paragraph
21 lettered(a)of this contract. The price which second part ies shall pay to first party for such
22 water delivered in the non-irrigation season shall be determined on the base rate hereinbefore designated,
23 with the allowance for increase or decrease from such base rate as said water rate has been increased or
24 decreased to second part-ies for the water delivered during the irrigation season immediately preceding
25 the time of delivery of such water during the winter season or non-irrigation months. (Excepting as amended
26 in paragraph J,page 9 hereof).
27 (g) ORDERING WATER AND FIXING SCHEDULE OF DELIVERY
28 Second part ies shall,yearly,on or before April I'of each year,notify the Water Department
29 of first party in writing as to the second part ies estimated monthly requirements of irrigation water
30 for the ensuing irrigation season,also as to the approximate monthly date or dates of delivery best suited
the right to f
31 to second partjes need,and the points of delivery of such water,but first party reservesix
32 -7-
CONTRACT WITH OPTION"B'
EXMIT l3 l
1 the irrigation schedule of all of its water users in the above described area in order to accommodate the
2 delivery of water to its delivery system,but that the dates and periods of delivery shall be stat as near
3 those designated by second part ie as possible. Provided further,that all water delivered hereunder shall
4 be delivered on schedules of twenty-four hours or multiples of twenty-four hours,delivery to commence at
5 the hour of seven o'clock A.M.on the date of delivery during the irrigation season,and during the
6 non-irrigation or winter months delivery to commence at such daylight hour as first party may designate.
7 The maximum quantity of water which second part kes shall have the right to demand from first party in any
8 one irrigation period of thirty days is fixed in paragraph(a)above,but should second part'eA in any
9 one irrigation period,desire more water for use than has been ordered for that particular period and
10 should second part ies be entitled to additional water under the provisions of paragraph(a),than that
11 ordered,then such additional water may be ordered from first party and delivery thereof shall be made by
12 first party to second parties during such period of time if the delivery system of first party be of
13 sufficient capacity to make such delivery. Provided,that such order shall be given in writing to said
14 Water Department at least 24 hours prior to time of required delivery. The only excuse which will permit
15 non-delivery of such additional water,up to the maximum quantity herein specified,by first party to second
16 part ies shall be the lack of capacity in such delivery system to accommodate such water,or inability to
17 produce the same owing to broken machinery or pipeline or shortage of power. Second parties may at any
18 time by giving at least 24 hours written notice to said Water Department;reduce to any extent any such
19 monthly requirement.
20 (h) SOURCE OF SUPPLY
21 First party reserves the right to furnish said water from any available water which it may have
22 Or which may now or hereafter be at its disposal and only covenants and agrees that said water shall
23 Be reasonably free from detritus,but does not agree to furnish water sufficiently pure for drinking or
24 household purposes.
25 (1) i'NFORSEEN CONDITIONS OR ACTS
26 In the event of storms,washouts,earthquakes or any otber unforeseen contingencies over which.
27 first party has no control,taking place,which results in damage to first party pumping plant or {
28 delivery system or in the event of shortage of power,any of which events at any time interfere with,hinder
29 or stop the delivery of water hereunder teMPOrarilY,first Party not be field resPonstlile or liable for the
4 30 non-delivery of water on scheduled time as herein specified,nor shall first party be held liable or
a
Y 1 responsible for accident,labor strikes,walkouts,b1cakdOwn,
breakage,sanding of wells or any other unfre-
32
-8-
CONTRACT WITH OPTION"B'
EXHIBIT"A"
I see,condition resulting in inability of first party to make delivery of water hereunder on schedule time,
2 but first party shall,no matter what may be the cause Of such interference with the Pumping and
3 delivering of water,with all due diligence endeavor to repair the damage and to re-establish its pumping and
4 delivery system and first party shall,as soon as such breakdown or interference can be remedied and
5 repaired,re-established its water pumping and delivery system and recommence the delivery of water to
6 second part jeA. In the event of delivery of water ceasing hereunder from some unforeseen cause over
7 which first party has no control,the schedule of delivery under which second part-je—s are receiving
8 water shall be advanced the number of days or fractions of days required by first party to re-establish
9 its system and recommence the delivery of water hereunder,but no liability shall rest on first party
10 for any interference with such delivery to second partjes,excepting failure to use reasonable diligence
I I to reestablish its pumping and delivery system. (See Page 9,paragraph K).
12 This Agreement and every covenant herein contained to be performed by first and second
13 part Jes respectively,are expressly made for the benefit of and shall insure to,the benefit of and
14 binding upon the successors and assigns of first party and to and upon the heirs,administrators,executors,
15 successors and assigns of second part.ies
16 (J) Provided,however,that whenever during the winter months or non-irrigation season,there is
17 a surplus of water running in Mill Creek,irrigation water,limited to quantity and points of delivery
18 as herein defined,shall on demand of second parCies,be delivered to second part�ies at the rate of
19 10 cents for each and every day of water so delivered.
20 (K) Provided,that should said wells or any source of supply from which water is being furnished
21 hereunder,fail to function and delivery of water hereunder cease for a period of more than five days,
22 the delivery from some other source must be recommended by first party no later than five days after
23 the cessation of delivery. The purpose of this provision being that irrigation shall not be suspended at
24 any time,when water is demanded hereunder for a longer period of time than five days from any cause
25 whatsoever.
26
27
21
29
30
I
32 -9-
CONTRACT WITH OPTION"B'
EXHIBIT"A"
1
2 IN WITNESS WHEREOF the duly constituted officers of first party,thereunto duly authorized
3 by proper resolution of its board of Trustees,have hereunto set their hands and seals and the second
4 parties have hereunto subscribed their names the day and year first herein written;
5
6
7 CITY OF REDLANDS R.H.Paxton and Frances J.Paxton
8
9
10 By —
Mayor
12
13
14 Attest:
15
16 City Clerk
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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CONTRACT WITH OPTION"B'
EXHIBIT"A"
I This Agreement,Made and entered into this- 15th day of November,2005
2 by and between the City of Redlands,a municipal corporation of the Sixth Class,party of the first part,
3 and R.H.Paxton and Frances J.Paxton,husband and wife part ies of the
4 second part,
5 WITNESSETH:
6 1. Party of the first part in consideration of the surrender and cancellation to it of its
contract dated April 18,2003 where in the first party therein and herein is required to
7 deliver to the Gene Belk Fruit Packing Company one hundred(100)day inches of
water each thirty days under the terms and conditions therein recited.
8
9
10 does hereby covenant and agree with second part ies to perpetually sell and deliver water to second part ies
11 and does hereby grant to second part ies the perpetual right to have and receive water from the water system
12 of the first party,upon and subject to the following terms and conditions:
13 (a)QUANTITY OF WATER
14 The irrigating season of each year shall commence on the first day of May and extend to the 31 st
15 Day of October,which season shall be divided into periods of thirty days each,the surplus days to come onto
16 the last period.The maximum quantity of water which the first party shall be required to deliver in
17 each irrigation period of thirty days shall not exceed the equivalent flow of
18 ONE HUNDRED(100) —day inches of
19 water for a period of twenty-four hours. (For the purpose of this contract,one day inch of water
20 is hereby described as a one-fiftieth part of a cubic foot per second constant flow throughout a period of
21 twenty-four hours.)
22 (b)PLACE OF DELIVERY
23 Said water shall be delivered to second part ies at any regular diversion point on the Mill Creek
24 Zanja which second part_ig, their assigns or nominees may direct,excepting that
25 delivery of such water cannot be required East of Texas Street in the City of Redlands,nor West of the
26 Mountain View Avenue in the Mission District,which District lies immediately West of and adjacent to
27 the City of Redlands,San Bernardino County,and such delivery point may be changed from time to time
28 upon reasonable notice being given to first party,such changes to be subject to the capacity of a pipeline
29 which may be constructed from the Texas Street wells of the first party,Westerly and in general following
30 the course of the present Mill Creek Zanja,to or approximately to,said Mountain View Avenue,
31 Water to be measured at delivery point.There shall be no responsibility upon first party for the control
32 4-
CONTRACT WITH OPTION"B'
EXHIBIT"A"
I and handling of said water below and beyond such delivery point after the same has been measured
2 out to second parCies at any delivery point designated in this paragraph of this contract.
3 Second part_lLes rights hereunder are hereby declared to be assignable in whole or in part,and the
4 use of water shall be transferable from one place to another within the area or district hereinafter described.
5 (c) PLACE OF USE
6 The place or places of use of all water delivered hereunder shall always be restricted and confined
7 to that certain area or district situate in the County of San Bernardino,State of California,and the boundaries
8 of which are particularly described as follows,to-wit:
9 PARCELI
10 Beginning at the intersection of the center line of Texas Street and Mill Creek Zanja;thence north
11 along the center line of Texas Street to the center line of Redlands Storm Water Drain;thence westerly along
12 the center line of said storm water drain to its intersection with a line passing north and south through the
13 center of Block 26,Barton Ranch;thence south along said line passing north and south through the center
14 of said Block 26 to its intersection with the center line of Citrus Avenue;thence west along the center line
15 of Citrus Avenue to its intersection with California Street;thence north along the center line of California
16 Street to its intersection with Colton Avenue;thence west along the center line of Colton Avenue to
17 its intersection with Mountain View Avenue;thence south along the center line of Mountain View
18 Avenue to its intersection with San Timoteo Creek;thence easterly along the center line of San Timoteo
19 Creek to a point 1320 feet east of the west line of Section 32,Township I South,Range 3 West;thence
20 North 1320 feet from and parallel with the west line of said Section 32 to a point 660 feet south of the
21 centerline of Barton Avenue;thence cast 660 feet from and parallel with the center line of said Barton
22 Avenue,330 feet,thence north 1650 feet from and parallel with the west line of said Section 32,to the
23 centerline of said Barton Avenue;thence east along the center line of Barton Avenue to its intersection with
24 Mill Creek Zanja at or near TennesseeStreet;thence along the center line of said Mill Creek Zanja to the
25 Point of beginning.
26 PARCEL H
27 Also upon that certain real property situate within said County and described as follows:
28 The south 60 acres of Lot 2,Block 72,Rancho San Bernardino,as per plat thereof recorded in the
29 Office of the County Recorder of said San Bernardino County,
30 Wherever in this contract,the word"area"or"district"are used,the same shall in all cases apply
31 to and mean the property described in parcels I and H in this paragraph and none of said water shall be
32 -2-
CONTRACT WITH OPTION"B'
EXHIBIT"A"
I conducted beyond or away from the two parcels of land herein described-
2 Should said water or any portion thereof be transported or conducted out of said area or district for
3 use elsewhere than in said area or district,then first party to this contract shall have the right to suspend
4 the furnishing of any further water to second part ies hereunder without notice.
5 Should second part_ies,at any time after any such suspension of delivery of water under the
6 above restriction,bring an action against first party to compel delivery of water to second part ies
7 under this contract,first party shall be entitled in such action as a matter of right,to a permanent in-
8 junction of the court restraining second partie-4from transporting and conducting any water
9 delivered hereunder out of said area or district for use elsewhere than in said area or district;and in addition
10 to such restraining order or injunction,second part-Les-shall pay to first party reasonable attorney's fee
11 to be fixed by the court for defending against said action,nor shall the furnishing of water hereunder
12 be recommended until the cost of suit,including attorney's fee,shall have been paid by second
13 part ies,provided that upon such costs and attorney's fee being paid,second part ies shall be entitled
14 to have the delivery of water by first party recommended,subject to said injunction.
15 (d) PRICE AND PAYMENT
16 Charges for the delivery of all such water shall be based on whether or not the user_pays its
17 proportionate share of the cost of building,construction and maintaining a certain proposed pipeline
18 extending from the Texas Street pumping plant belonging to the City of Redlands,westerly and in
19 general following the course of the present Mill Creek Zarij a to,or approximately to,Mountain View
20 Avenue,through which such water shall be delivered.
21 FIRST: To the user�_s who pay ..their proportionate share of the cost of and maintenance
22 of said pipeline as above mentioned,first party will deliver said water as aforesaid on a base price of
23 thirty cents per day inch,but if the cost of producing and delivering water from wells now or hereafter
24 owned by first part in the vicinity of said Texas Street pumping plants of first party,shall increase or
25 decrease from the base price of thirty cents per day inch hereinbefore designated,there shall be an increase
26 or decrease of the price from thirty cents per day inch,as the caw may be,such increase or decrease to be
27 determined in the manner hereinafter specified, in-
28 SECOND: To those users who have not paid their proportionate share of the cost of any ma
29 tenance of said pipeline as above mentioned,first party will deliver said water as aforesaid on the base
for the use of
30 price of thirty cents per day inch,plus an additional charge of five centsda
per y inch as rental
31 said pipeline,but said base price of thirty cents per day inch shall be subject to increase or decrease in the
32 -3-
CONTRACT WITH OPTION`B'
EXHIBIT"A"
I manner herein provided.
2
Provided further,that the rate at which such water shall be charged by first party from
_
3 month to month to second part les as water is used by second part ies,shall,during each irrigation
4 season,be either one or the other of the rates hereinbefore specified,but that at the close of each irrigation
5 season,first party shall definitely determine what its total cost has been during the irrigation season just
6 closed of producing and delivering all water produced from said Texas Street wells or wells in that vicinity
7 and delivered to users within the area or district herein described as place of use and first party shall
8 also determine the number of day inches delivered from said wells to users within said area or district.From
9 these two figures the average season cost of one day inch of water so produced and delivered shall be
10 determined,and if such determination discloses that said average cost exceeds or is less than the charge of
11 thirty cents per day inch imposed during said irrigation season,then said rate of thirty cents per day inch
12 shall be increased or decreased accordingly. At the close of each irrigation season when first party shall
13 have definitely determined what the average cost during such season has been of producing and delivering
14 one day inch of water hereunder to second part ies as herein provided,if there be an increase in the price
15 over the base price of thirty cents as herein provided,the number of day inches of water delivered by
16 first party to second part ies during such season shall be multiplied by such increased price over and
17 above thirty cents per day inch,and first party shall bill second part ies for such additional sum,and
18 second part ies shall pay the same within thirty days after presentation of statement,or should there
19 be a decrease in such price,then first party shall,in the same manner determine the total amount of
24 such decrease and shall,within thirty days after making such determination,refimd to second part ies
21 the difference to which said second parties are entitled over the amount thus determined as the cost
22 of production and delivery and the amount actually paid by second part ies. For the purposes of this
23 contract,the term"cost of production and delivery"of water from said Texas Street wells or wells in that
24 vicinity owned or operated by first party to furnish water hereunder,shalt be the proportion of production
25 and delivery cost that the quantity of water furnished from said wells to second partigs_hereunder bears
26 to the total quantity of water produced from all wells owned or operated by first party at said Texas
27 Street plant,from which any water whatsoever is furnished to users within said area or district and to fust
28 party as a common source,such proportionate cost to be based on the following cost items:
29 (A) All power costs and charges.
3 ($} The cost of all labor used in operation of pumping plants and wells.
31 (C) Cost of all supplies used in operating plant and wells.
32 11
CONTRACT WrrH OPTION"B'
EXMIT"A°'
I efficient state of production;and in general any and all proper expenditures required to maintain said
which does not properly enter into or become an item of capital expenditure.
2 plant,wells and equipment
3 (1) Provided further,that in the event of any disagreement arising between the first party
4 and second parties as to any item of said production and delivery cost of said water each party to
5 this contract shall select an arbitrator and the question in dispute shall be submitted in writing by each of the
6 two part_je_s to this contract to the said arbitrators. Any decision regarding said dispute matter arrived
7 at and determined upon by the said two arbitrators shall be final and shall be accepted by both part ies
g to this contract,but in the event the the arbitrators are unable to decide said matter,then they(the arbi-
9 trators)shall select a third,and after reviewing said question in dispute,the decision of any two of said
10 arbitrators shall be final and conclusive upon the parties to this contract.
I l Bills for water delivered are to be rendered monthly by first party,and payment thereof made
12 within thirty days after presentation of statement,and if not so paid,such bills shall become delinquent.
13 First party reserves the right to discontinue service to second parties during such delinquency,but
14 upon payment of all delinquent bills,together with interest of balance due from date of delinquency to date
15 of payment at the rate of one per cent per month,service shall be re-established until another delinquency
16 occurs.
17 In addition to all other rights reserved herein by first party to enforce payment for water
18 delivered to second parties hereunder,first party shall have the right to bring suit against said
19 second part ies for the amount of such delinquent bill or bills and interest thereon as herein specified,
20 together with costs,including a reasonable attorney's fee to be fixed by the Court in which such suit may
21 be brought.
22 Provided,however,that those water users who have not pard their proportionate share of the cost
23 of said pipeline,may at any time,purchase an interest in said pipeline from the first party herein which
24 will entitle them to delivery of water under this contract at the thirty cent rate for production and delivery by
25 paying to the said first party their proportionate share of the cost of said pipeline,such proportionate
26 share to be determined upon an acreage basis,that is to say,the total cost of constructing said pipeline shall
27 be divided by the number of irrigable acres within the area or district hereinbefore described,thus fixing
28 the cost per acre building said pipeline;and in the event such water user determines to come under the thirty
29 cent rate class herein provided for they shall pay to fust party the initial acreage cost of
a 30 constructing said pipeline(less a depreciation allowance of 2%per year of the total cost of construction,
y
31 from date of construction to date of payment)multiplied by the number of acres of irrigable land whit
32 -6-
w
CONTRACT WITH OPTION"B'
EXHIBIT"A"
Put cent rate class herein provided for.
} the said water user desir es to ut under the _
2
3 (e)PERIOD OF CUMULATION-
4 If,during any irrigation period of thirty days,second part ies shall fail to take and use the
5 full quantity of water to which then are entitled hereunder and such failure does not arise from any fault
6 or negligence of first party,then,and in that event,such failure shall not entitle the said second
7 parties to receive,at any time thereafter any such deficiency of water,to the end that no right to cumulate
g any water deliverable hereunder shall accrue to said second partes beyond any thirty day period
9 hereinbefore designated. Provided further,if said second part ies should,at any time receive water from
10 first party in excess of the quantity first party is obligated to deliver hereunder,said second
11 parties agree that shall not acquire,nor will they assert any claim to any right to the
12 continued use or delivery of such excess water,and any such use or delivery of such excess water shall
13 always be deemed permissive and not adverse to first party.
14 (f) WINTER.WATER.
15 Second parties may in the winter months or non-irrigation season of each year,demand and
16 receive from first party water to be used for irrigation purposes in the district hereinbefore described
17 upon second parties giving to first party notice in writing not less than five days before the date on
18 which delivery of such water is required,the place of delivery to be limited to place or places designated
19 in paragraph letter(b)of this contract and the maximum quantity of water which second part ies can
20 require in any one period of thirty days shall not exceed the maximum quantity specified in paragraph
21 lettered(a)of this contract. The price which second part ies shall pay to first party for such
22 water delivered in the non-irrigation season shall be determined on the base rate hereinbefore designated,
23 with the allowance for increase or decrease from such base rate as said water rate has been increased or
24 decreased to second partes for the water delivered during the irrigation season immediately preceding
25 the time of delivery of such water during the winter season or non-irrigation months. (Excepting as amended
26 in paragraph J,page 9 hereof).
27 (g) ORDERING WATER.AND FIXING SCHEDULE OF DELIVERY
25 Second part ies shall,yearly,on or before April 1'of each year,notify the Water Department
rri29 of first `in writing a to the second part ies estimated monthly requirements of igation water
AS 30 for the ensuing irrigation season,also as to the approximate monthly date or dates of delivery best suited
ERE 31 to second part Les need,and the points of delivery of such water,but fust party re-serves the right to fix
32
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CONTRACT WITH OPTION"B'
E)GIIBIT"A"
I the irrigation schedule of all of its water users in the above described area in order to accommodate the
2 delivery of water to its delivery system,but that the dates and periods of delivery shall be set as near
3 those designated by second part ies as possible. Provided further,that all water delivered hereunder shall
4 be delivered on schedules of twenty-four hours or multiples of twenty-four hours,delivery to continence at
5 the hour of seven o'clock A.M.on the date of delivery during the irrigation season,and during the
6 non-irrigation or winter months delivery to commence at such daylight hour as first party may designate.
7 The maximum quantity of water which second part-ies shall have the right to demand from first party in any
8 one irrigation period of thirty days is fixed in paragraph(a)above,but should second parties in any
9 one irrigation period,desire more water for use than has been ordered for that particular period and
10 should second part ies be entitled to additional water under the provisions of paragraph(a),than that
I I ordered,then such additional water may be ordered from first party and delivery thereof shall be made by
12 first party to second part ies during such period of time if the delivery system of first party be of
13 sufficient capacity to make such delivery. Provided,that such order shall be given in writing to said
14 Water Department at least 24 hours prior to time of required delivery. The only excuse which will permit
15 non-delivery of such additional water,up to the maximum quantity herein specified,by first party to second
16 part ies shall be the lack of capacity in such delivery system to accommodate such water,or inability to
17 produce the same owing to broken machinery or pipeline or shortage of power. Second part ies may at any
18 time by giving at least 24 hours written notice to said Water Department;reduce to any extent any such
19 monthly requirement.
20 (h) SOURCE OF SUPPLY
21 First party reserves the right to furnish said water from any available water which it may have
22 Or which may now or hereafter be at its disposal and only covenants and agrees that said water shall
23 Be reasonably free from detritus,but does not agree to furnish water sufficiently pure for drinking or
24 household purposes.
25 (i) UNFORSEEN CONDITIONS OR ACTS
26 In the event of storms,washouts,earthquakes or any other unforeseen contingencies over which
27 first party has no control,taking place,which results in damage to first party pumping plant or
28 delivery system or in the event of shortage of power,any of which events at any time interfere with,hinder
29 or stop the delivery of water hereunder temporarily,first party not be held responsible or liable for the
30 non-delivery of water on scheduled time as herein specified,nor shall first party be held liable or
31 responsible for accident,labor strikes,walkouts,breakdown,breakage,sanding of wells I s or any other unfore-
32
CON ITLACTWITH OPTION"13'
EXHMrF"A"
I seen condition resulting in inability of first party to make delivery of water hereunder on schedule time,
2 but first party shall,no matter what may be the cause of such interference with the pumping and
3 delivering of water,with all due diligence endeavor to repair the darnage and to re-establish its pumping and
4 delivery system and first party shall,as soon as such breakdown or interference can be remedied and
5 repaired,re-established its water pumping and delivery system and recommence the delivery of water to
6 second pattjp-. In the event of delivery of water ceasing hereunder from some unforeseen cause over
7 which first party has no control,the schedule of delivery under which second partes are receiving
8 water shall be advanced the number of days or factions of days required by first party to re-establish
9 its system and reconmience the delivery of water hereunder,but no liability shall rest on first party
10 for any interference with such delivery to second parties excepting failure to use reasonable diligence
11 to reestablish its pumping and delivery system. (See Page 9,paragraph K).
12 This Agreement and every covenant herein contained to be performed by first and second
13 parties respectively,are expressly made for the benefit of and shall insure to,the benefit of and
14 binding upon the successors and assigns of first party and to and upon the heirs,administrators,executors,
15 successors and assigns of second parties
16 (J) Provided,however,that whenever during the winter months or non-irrigation season,there is
17 a surplus of water running in Mill Creek,irrigation water,limited to quantity and points of delivery
18 as herein defined,shall on demand of second parLies be delivered to second parties at the rate of
19 10 cents for each and every day of water so delivered.
20 (K) Provided,that should said wells or any some of supply from which water is being furnished
21 hereunder,fail to function and delivery of water hereunder cease for a period of more than five days,
22 the delivery from some other source must be recommended by first party no later than five days after
23 the cessation of delivery. The purpose of this Provision being that irrigation shall not be suspended at
24 any time,when water is devistided hereunder for a longer period of time than five days from any cause
25 whatsoever.
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27
28
29
30
31
32 -9-
CONTRACT WITH OPTION"B'
EXHIBIT"A"
1
2 IN WITNESS WHEREOF the duly constituted officers of first party,thereunto duly authorized
3 by proper resolution of its board of Trustees,have hereunto set their hands and seals and the second
4 parties have hereunto subscribed their names the day and year first herein written;
5
6
7 CITY OF REDLANDS R.H.Paxton and Frances J.Paxton
8
9 'D
f .
rx"
10 By '" 'f
Mayor
12
13
14 Attest:
15
16
City clerk
17
18
19
24
21
22
23
24
25
26
27
28
29
30
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