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This Agreements executed In duplicate, dated
this day. of 1916$.by and #
betteeh the West RedDinds- water CoLpatq* a corpgration
party of the first part , sand the City of Redlands, a �.
Municipal j;gxporation of the sixth class, party of the
second dart
witnesseth; In consideration of the performance
on the part of said seconk,party of the provisions of
,this contract hereinafter provided to be performed by ;
it, said first party hereby grants to said second party
the sole right and privilege to extract from the sub-
surface of all of Lots i, 21 3 and 4 of Block 14 of Map
No. 2 of Redlands Heights, and all of bots 1 and 2 of
Block 41 Of Map No. 8 of Redlands Heights, according to
such maps of record in the office of the County Recorder
of San Bernardino CountyO California, au and all'water
t therein contained or that may in the Future exist as
against the said party of the first part, its successors
or assigns., and to take from said pots and use the same _ w
in any manner and in any place that second party may de-
sire so to do, and said party of the first part, its
successors and assiE,ns shall henceforth have no right to R
take or extract any wat,:?r or Waters vthatsoever from be-
heath the surface of any or said 'lots,
" - said first party fii Vii `. ran 9 to,_.8ald seconci
party the right at all times during the existence of
tills agreement to enter upon any or all of said lots for
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the purpose of developing ary of said sub-surface water
that may exist beneath the surface thereof in any',manner
that said second party may, from time to time, during
the existence of this contract, deem advisable, and to
erect, construct and maintain thereon any and all wells,
pumping plants, machinery, appliances and equipment that
said second party may deem necessary or dea,irable for the -
purpose of extracting such water, and to maintain t1te
sasme, including the rigxit to use and maintain the wells,
pumps, pumping planta and machinery, appliances and ecrilp—
ment now situated thereon. together with all tools and
appliances and other personal property now used by first
party in connection with its pumping system; furtLer, in-
cluding the right of way to enter upon any or all of said
lots for the purpose of ingress and egress therefrom in
connection with the extraction of water therefrom, and
the right to erect poles thereon for the purpose of main—
taining
in—
taining telephone and electric wires thereon, provided,
however, that said second party in the exercise of the
right herein granted shall not unnecessarily damage air
property or exersise its said rights in such a manner
as to unnecesarily interfere with the use of the surface
thereof by first party, .it being understood that first
party reserves to itself the right to use the eu rface
of said lots for any and all purposes that will not In-
te '*ith trie 1.hta herein granted to second pza-ty. Y It is further' reserved to said first party, its
successors and 'assgns, subject to the provisions he.reiLn-
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after contained, the right perpetuaiV to have and re—
ceive use of the Yater which will be produced or raised
to the surface of said land by second party from the wells
now located thereon or otlier wells or means that may be
hereafter constructed by said second party, its succes—
sors and assigns, a quantity of water necessary to make -
up and completely furnish to said first party which in
the aggregate (together with the mater received by it
from the Bear Valley Mutual water Company) will amount
to a continuous flow of 180 inches under a four inch (491
pressure, subject to the provisions hereinaf'tex•..contained,
(the inch herein an hereinafter mentioned being one fif—
tieth of a cubic foot per second flow. ) The grater which
first party is to receive from the Bear Valley Mutual _
Water Company .under its present owners}lip of such eater'
or of stock in said compare* shall, for the purpose of
this contract, be taken at a minimum of of ty-five -'one
hundredths of an inch (55/100 ) per share. _ /)GIAI
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The amount to be furnished first party by said
second party, its successors or assigns during the months Y
of`arV year beginning with the month of April and contin—
uing for all the succeeding months of each year respeo—
tively, to and including the month of October and for
and during each of the other months of each year, shall
make up to the amount of 180 inches app deficiency In the f
supply. of the West Redland Water. Company which. may occur
whenever its available supply from the Bear Valley JTutual
water CompaW is a quantity less than 180 inches same
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measurement ) continual flop, provided that such or arw
deficiency to be made up by the City in no event -to ex-
teed 145 inchesx measured as aforesaid between the period
from April 1st to October let, of each year, and not ex-
ceeding -eo l el es ( so measured) between the period from
October lot and April 1st, next following of each year,
provided, further thaw then the general irrigating
season is extended beyond October 1st of any year by
reason of a dry season, then the period for the fur-
nis)ing of such larger Quantity of grater shall be exten—
ded to the end of such irrigating season.
The water that is to be delivered to said first
party hereunder by said second party Shall be delivered
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into the pipe line of first party at arty point where the
same passes` through the land of said second party now
held by it in Reservoir Canyon, oar at the point where
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said wat ?r is now delivered into the pipe line of first
pgrty, upon first party's paying to said' second party the
sum of twenty cents per inch for each and every inch of
water delivered to first party, to be measured as here-
inafter provided; provided that when the water in any of
the malls upon any of said lots shall, Wien water is
being pumped therefrom, 'measure more than one hundred
and twenty--five feet below the surface of such well, then
the price to be paid for any mater, furnished first party-
shall be thirty cents per inch during such time. Payment
for all, grater furnished first party to be made upon demand
; of second party on presentation of a statement therefor,
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such statement to be presented not oftener than once
In thirty days. If arty. uncertainty shall arise as to
the surface of aroy such well, then in that .event the
surOace shall be deened the surface of the water as at
present maintained on the measuring weir of first party
now located on Lot 1 and 2 in said Block 41. -
First party shall give second party at least
three days notice whenever it desires water furnished to
It by second party hereunder and must specify the amount
of water it is receiving from said Bear Valley Mutual
Fater Company. The quantity of water so delivered to first
party by second party shall be measured by a self regis-
tering wibir or meter which shall be installed and main-
tained at the expense of second party and be under its
control but- subject to reasonable inspectioh or .test for
accuragr by first party.
If said first party shall sell or in any manner
dispose of any of its said water or water rights coming
to it from said Bear Valley Mutual .Water Company, or di-
minish the quantity of water to be furnished to It from
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said souroe, then such sale, disposal or diminuition.
shall not operate to increase the quantity of -rater said
second party is required to furnish first party hereun-
der, and for the purpose of tills instrument said first
party shall be deemed to be at all times the owner
such Rater and entitled4$9 the w4ter represented thereby`
for the
purpose of arriving .at the quantity of grater
to be supplied by said second party hereunder. ;
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Said first party shall use all reasonable efforts
and means to have furnished to it the full amount of
water it is entitled to reoeive from said Beam valley
3ttual water Company and to take whatever action or pro-
3eedinW.s, legally or otherwise$ that maty be necessary
- to take to enforce its right to receive and have furnish-
ed to it said quantity of water, and shall keep its pipet-,
lines or other conduits through rhich it receivbd such K
grater in good condition and free from unnecessary leak-
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age to the end that the quantity of grater to be received
by it from said other source racy not be diminished by its
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failure to keep the means of canuey�ng ,such water to it
in good order and Condition.~ ..
It is expressly understood and agreed, notwith-
standing arty otherprovision of this agreement# that second
party shall not be required to furnish or deliver said .
quantity of water or arty of it until the Toasonable needs p
and requirements of the stockholders of the first party
for irrigation purposes exhaust the supp],v received by
It from said Bear valley Mutual water mmparW.
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It is expressly understood and agreed ghat all said
water delivered to first party V said second party shall
be used onV upon the lands upon x)iich the water now pumped
from the wells of first party situated upon the property
herein described has heretofore been or is now being used,
The Quantity of water to be used by each stockholder
of first party shall be confined (in so far as it affects
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the obligation• of second party to furnish any' water here- Ax
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under) to his proportionate share, based upon ]lis
respective (present or future ) holdings of Stock in
sa).d Company, and confined to lands upon u+hich the
grater from said wells is now or has Heretofore been
used or upon other lands of such stockholders now
owned by them.
Whenever any stockholderof of said first party
sells or rents his stock so as to require delivery of
water enurine, to his EtocX for use on other lands than
4 that included in the area above referred to, then for
the period of such lease, or forever, if the stock is
sold, the right to demand such pumped water shall not
exist as to such stock and the Quantity furnished to
�, first party shall be proportionately diminished.
if said second party shall fail or neglect for
a period of ten days, after written notice served upon
It by firstparty, to furnish or supply such water to
first ,party (there being no default on the part of
first party In payment for water heretofore furnished),
then first party shall have the Aght at any time during
such default ori the part of second party after such ten
daps to cancel and rescind this agreement by serving
a written notice on second party of such cancellation
and reeision, and upon such-service being made all rights
of second party Hereunder silail d.e deemed cancelled and
rescinded,, and it shall, thereaftert have no right to
enter upon said premises or to extract any water there-
from or to operate any of the wells or appliances in-
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stalled thereon and all appliances and equipment that are
permanently affixed to the soil shall thereupon revert to
and belong to first party, or said first party may, at its
option, ,elect to take over temporariV the operation of the
pumping plants established or constructed upon said property
and operate the same and In thi Lt case no payment 15IM1 , be
made to second party so long as it - continues in such default.
Zt is understood and agreed between the parties that
said second party may furnish and supply to First party said,
quantity of water from any source of supply in the possession
of said second party and that it shall not be required to fi
furnish such water or any of it, or to operate or maintain
the pumping plant or plants or second party, provided, how-
ever., that at the termination of this agreement either by
resision, cancellation or otherwise, said second party shall
surrender said lots to firtit party" and turn back to It a
pumping plant with appliances upon said property In as good
condition as the plant and appliances that now exist thereon,
having, a capacity of producing one hundred (100 ) finers
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Inches ofL water, constant flow.
Both panties hereto reserve the Sight to cancel and
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rescind this contract during tAe month of November of any
year upon giving- thirty days previous notice In writing
to the other*
ties edlands Water Company,
And
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Cl dlandsCa Iform
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� res of ULC? Boardof Trusts
of the City of Badlands
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_ , Calif Orn18.
._ • , Attest; .. .. L ,•
Y - City Clerk,
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