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HomeMy WebLinkAboutContracts & Agreements_0-1984_CCv0001.pdf ASM wV AGREEMENT AGREEMENT entered into by and between the CITY OF REDLANDS, a municipality of the State of California, and the following water companies , all California corpora- tions : BEAR VALLEY MUTUAL WATER COMPANY REDLANDS WATER COMPANY WEST REDLANDS WATER COMPANY EAST REDLANDS WATER COMPANY EAST LUGONIA MUTUAL WATER COMPANY LUGONIA PARK WATER COMPANY NORTH FORK WATER COMPANY 1 . Recitals 1 . 1 The following water companies are entitled to receive water from the Bear Valley Mutual Water Company either by reason of prior right agreements or by virtue of the companies owning shares of stock in the Bear Valley Mutual Water Company: LUGONIA WATER COMPANY REDLANDS WATER COMPANY WEST REDLANDS WATER COMPANY EAST REDLANDS WATER COMPANY EAST LUGONIA MUTUAL WATER COMPANY LUGONIA PARK WATER COMPANY NORTH FORK WATER COMPANY 1 . 2 The City of Redlands owns certain shares of stock in each of the above-named water companies , except- ing the North Fork Water Company, which receive water from the Bear Valley Mutual Water Company, and by virtue of said stock ownership is entitled to delivery of certain quantities of water from each of said water companies . AN 1. 3 By written agreement dated February 27, 1886 ("the 1886 Agreement") , the predecessors in interest of the Lugonia Water Company (the shareholders of the South Fork Division of the Santa Ana River, Sunnyside Division) and the predecessor in interest of the Bear Valley Mutual Water Company (Bear Valley Land and Water Company) agreed to the division and delivery of certain surface water from the Santa Ana River. Pursuant to the terms of said 1886 Agreement the predecessors in interest of Bear Valley Mutual Water Company agreed to supply water to the predeces- sors in interest of the Lugonia Water Company at a location described as the divide between the South Fork Ditch,, Sunnyside Division , and the Redlands Ditch, at or near the point known as the Sycamore Tree . 1. 4 All rights , title and interest in the 1886 Agreement have succeeded to the Bear Valley Mutual Water Company, to the Lugonia Water Company and to the Redlands Water Company, which are now bound by the provisions of that agreement regarding the delivery of water at or near the point known as the divide at the Sycamore Tree, except as modified by subsequent agreement dated August 24, 1983, be- tween Bear Valley Mutual Water Company and Lugonia Water Company. 1 . 5 By written agreement dated May 1, 1929 ("the 1929 Agreement") between Bear Valley Mutual Water Company and Lugonia Water Company, the provisions of the 1886 Agree- ment were modified to allow Bear Valley Mutual Water Company to supply Lugonia Water Company with underground water pumped 2- from wells , in lieu of surface water as contemplated by the 1886 Agreement, and to deliver said substitute water at a location below the point of delivery known as the divide at the Sycamore Tree. The 1929 Agreement altering the point of delivery for such pumped water by its terms required ratification by North Pork Water Company, and such ratification of the 1929 Agreement was subsequently provided. 1.6 By written agreement dated August 24, 1983 ("the 1983 Agreement") between Bear Valley Mutual Water Company and Lugonia Water Company, the 1886 Agreement was further modified to allow Bear Valley Mutual Water Company to supply Lugonia Water Company with water at a location above the divide at the Sycamore Tree , 1. 7 The City of Redlands anticipates the con- struction of a proposed water treatment plant and expansion of the City' s existing plant at locations higher in elevation than the point known as the divide at the Sycamore Tree, and wishes to take delivery of its entitlement to water from Bear Valley Mutual Water Company, Lugonia Water Company, Redlands Water Company, West Redlands Water Company, East Redlands Water Company, East Lugonia Water Company, and Lugonia Park Water Company at such higher locations , 1. 8 The purpose of this Agreement is to provide for the delivery of such water to the City of Redlands directly from the Bear Valley Mutual Water Company at locations higher in elevation than the point known as the divide at the Sycamore Tree. _ 3� 2 . Agreement , tel The parties hereto agree that all or any part of the City of Redlands ' entitlement to water from any of the water companies party to this Agreement, excepting the North Fork Water Company, by virtue of the City' s stock ownership in said companies or otherwise, may be taken by the City of Redlands directly from the Bear Valley Mutual Water Company at locations higher in elevation than the point commonly known as the divide at the Sycamore Tree. Although said locations for the delivery of water to the City of Redlands may not be specifically described as of the date of execution of this Agreement, it is anticipated that such locations shall be above the existing Mentone Reservoir at a point reasonably situated for convenient delivery of water to the City' s proposed treatment plant and/or the Henry fate Water Treatment Plant, Such deliveries shall be from gravity water and/or pumped water from wells in the Santa Ana Canyon. 2. 2 Delivery of said entitlement to water at such higher elevations shall not affect the legal relationships of the parties to this Agreement, The City of Redlands shall pay all reasonable expenses for the construction and operation of the necessary facilities and any expenses resulting from deliveries at such higher elevations . The City of Redlands shall continue to be responsible to each of the water companies party to this Agreement for receipt of the City' s entitlement to water from such company, even though said water is delivered directly from the Bear Valley Mutual Water Company at such -4- MEMO, higher elevations . The City of Redlands shall not be respon- sible espon-sib e to Bear Valley Mutual Water Company for payment for delivery of any such water which it is entitled to receive from any of the other water companies party to this Agreement', except as described above in this section. 2. 3 Upon selection of the exact locations where Bear Valley Mutual Water Company shall deliver water to the City of Redlands for transportation to the City' s proposed treatment plant and/or existing Henry Tate eater Treatment Plant, the City of Redlands shall be fully responsible for the construction, operation, and maintenance of such facili- ties as may be necessary for the diversion, booster pumping, and metering of such water from the facilities currently owned by Bear Valley Mutual hater Company and for transportation thereof to the proposed treatment plant and/or Henry Tate Treatment Plant and for the acquisition of any easements and other interests in real property as may be required. 3. Prior Agreements. 3. 1 This Agreement shall not affect the rights or obligations created by the 1886 Agreement or the 1929 Agree- ment or the 1983 Agreement, except as specifically provided herein. 4. Successors. 4. 1 This Agreement shall inure to and be binding upon the successors and assigns of the parties hereto. 5 . Attorney' s Pees. S . 1 In the event of any legal action by any of the parties to this Agreement to enforce the terms hereof, -5- the prevailing party shall be entitled to reimbursement of all court costs and disbursements , as well as a reasonable attorney' s fee. THE CITY OF REDLANDS BY: Mayor DATE: ATTEST: City Clerk -6- BEAR VALLEY MUTUAL WATER COMPANY BY Pres d t` ATTEST: DATE : - Secretary -� EAST REDLANDS WATER COMPANY esi nt ATTEST: DA Secretary WEST REDLANDS WATER COMPANY BY: } Press ent DATE: ATTEST: Se a REDLANDS WATER COMPANY BY Press d t ATTEST: DATE: ` Secret .ry - 7 ry. A EAST LUGONIA MUTUAL WATER COMPANY BY : a resident DATE : ATTEST Secre ary LUGONI- z�RK WATER COMPANY BY F Vice President DAT E ATTEST: Secretary NORTH FORK WATER COMPANY BY President DATE : ATTEST : P � > Secretary sg�