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HomeMy WebLinkAboutRes -1580 - Agreement with The Mutual Well CompanyRESOLUTION NO. 1580 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE EAST SAN BERNARDINO COUNTY WATER DISTRICT ACCEPTING AGREEMENT AND AUTHORIZING EXECUTION OF AGREEMENT WITH THE MUTUAL WELL COMPANY AND THE EAST SAN BERNARDINO COUNTY WATER DISTRICT BE IT HEREBY RESOLVED by the Board of Directors of the East San Bernardino County Water District as follows: WIiEREAS, an Agreement has been prepared by and between the MUTUAI~ WELL COMPANY and the East San Bernardino County Water District wherein and whereby both parties agree to the. terms, conditions and all pertinent matters set forth in said Agreement and same is hereby accepted for and on behalf of said District, WHEREAS, it appears to be in the best interest of the East San Bernardino County Water District and the MUTUAL WELL COMPANY to execute said Agreement: NOW THEREFORE BE IT RESOLVED, that the President and Acting Secretary be and they are hereby authorized, directed and empower to execute on behalf of the East San Bernardino County Water District, the Agreement above referred to ixi the form and manner as presented to the Board of Directors of said District on August 29, 1972. IT IS FURTHER RESOLVED that the Acting Secretary of said District, be and he is, hereby authorized axed directed to attach a certified copy of such resolution of acceptance to said Agree- ment a.nd transmit same to the San Bernardino County Recorders Office for recording and file in records of the District. The foregoing resolution was duly adopted at an adjourned regular meeting of th.e Board of Directors of: the East San Bernardino County Water District upon motion made, duly seconded and carried unanimously on August 29, 1972. Ayes, Directors: 'Disch, Noes, Directors: None Directors Absent: None STATE O]? CALIFORNIA :ounty cif San Bernardino Forrest, Littleton, Stallwood and Wall EAST SAN BERNARDINO COUNTY WATER DISTRICT 7 j ~~~ ,l. . aymond E. Stallwoo President Board of Directors ~~ 1 C- Attest: ~° // '?l ~ ~:2~'"'t David V. Garcia, Acting Secretary Board of Directors * * * seal I, David V. Garcia, Acting Secretary of the Board of Directors f the East San Bernardino County Water District, do hereby certify hat the foregoing is a true and correct copy of a resolution dopted and entered in the Minutes of the Board of Directors of aid District, at a meeting held Au ust 29, 1972. ) /i ~ `o l~• Y David V. Garcia, Acting Secretary Board of Directors seal 3625.1 ~' ~~' ,;,~~+: .'~. .,~ Ucl Rosa Avenge ~.~ K';~tir;<~,...r~ .io, CaGiornm 92433 ~~~~ r AGREEMENT THIS AGREEMENT, made and entered into this 29_day of • ~,: ~~Cs. Aug~,et; _ 1972, by and between EAST SAN BERNARDINO COUNTY WATER DISTRICT, hereinafter referred to as "First Party" and MUTUAL WELL COMPANY, a California corporation, and each of the stockholders thereof, individually, hereinafter collectively referred to as "Second Party", WITNESSETH: WHEREAS, Second Party by letter dated May 11, 19'72, have requested in writing that :First Party prepare and submit to Second Party a proposed agree - rnent wherein and whereby Second Party will presently be furnished agricultural water by First Party; and, WHE:EtEAS, pursuant to said request First Party herewith submits the within proposed agreement pursuant to authorization of the governing board of First Party; and, WHEREAS, the area of service of Second Party is adjacent to and within the boundaries of First Party, and that a portion of the service area of Second Party presently within the boundaries of First Party, consisting of 13 acres more or less, is now receiving both water and sewer service from First Party; and, WHEREAS, such portion of the service area of Second Party so presently annexed to First Party has met and satisfied the water formula requirements of First Party from water shares of Second Party conveyed to First Party; and, WHEREAS, a further portion of the area of service of Second Party con- s:isting of 19 acres more or less, belonging to Donald M. Roddick, et al. , is pre- ;sently annexed to First Party and the water formula of First Party is to tie met and satisfied by the conveyance of First Party of 24 shares of the stock of Second Party by the assignment of said stock to First Party through pending escrow affect- :irrg said 19 acres, more or less; and, WHEREAS, the prescriptive right of Second Party as applied herein to the 'Water formula of First Party is based upon the highest amount of continuous pro- duction from the: well of Second Party for any five (5) year period that has been rnainta.ined by armual production in any subsequent five (5) year period; and, -i- ~;G~zs./ i~~ ;Ctrt 6crnan'ino County Plater Oisfricf ~, Q, Aox 3427 - 1155 Dcl Rosa Arunuw ~~p Q;no~ C:al:fomta f?d4iJ 4= WHERL:AS, the original service area of Second Party consisted of 110 acres cif which the 32 acres above referred to have satisfied the water formula of First Party by the conveyance and commitment of 36 shares of Second Party to First Party; and, WHEREAS, the present prescriptive right to water of Second Party, as above defined, is sufficient to satisfy the water formula of First Party, as to the remain- ing 78 acres of the original service area of Second Party. NOW, THEREFORE, in consideration of the mutual covenants of the parties Ifereto and for other good and sufficient consideration, receipt of which is acknow- ledged by the parties hereto, it is mutually agreed by and between the parties hereto a.s follows: A. l~irst Party agrees: 1. Upon the transfer and conveyance by Second Party to First Party, as hereinafter described in B. -1, to continue to deliver irrigation water to Second Party in the same amounts, but not to exceed a rate of flow of 450 gallons per minute (50 Southern California Miner's Inches) and in accordance with the water delivery schedule indicating quantity of water delivered to each stockholder as well as type and class of such delivery to be furnished by Second Party, at the facilities of Second Party, as such facilities now exist, or at such other locations as may be rrtutually agreed. upon from time to time by the parties hereto, it being expressly tagreed and understood however that no water deliveries will be made by First Party t:o Second Party upon any lands not presently entitled to receive water from the fac - ilities of Second Party; 2. In furnishing such irrigation water to Second Party, it is understood and agreed that First Party may furnish such water from at~y ~~~ rce of water available to First Party; 3. The cost of such water to be furnished to Second Party by First Party shall be at a minimum cost of 75 cents per miner's inch day (1/25 of 1 acre foot of water) for scheduled deliveries. First Party reserves the right to adjust such charges above 7;i cents per miner's inch day, from time to time, to reflect changes i:n power or other direct costs to First Party Any non -scheduled delivery of such -2 - • EaSI ;>d~1 SCfilBruino Gnerty tVater f ~'t p, p, ©ox 3427 - 1t5~ n~; Rr.Sa ~._ .,~x '.>en Bernard;; ^. '~~ ~ i •5 water by First )?arty to Second Party shall be in accordance with conditions and at a rate to be mutually agreed upon by the parties hereto; 4. When any of the lands in the area originally served by the wells of Second Party require or xequest domestic water service, excepting those portions of said lands presently being served domestic water by other sources, and all of said lands requiring or requesting sewer service shall be annexed to the boundaries of First Party under the terms and conditions of annexation then in effect in accord- ance with the ordinances, rules and regulations of First Party in effect at the time, and from time to time. It has been mutually determined and agreed by the parties hereto that by the conveyance by Second Party to First Party of eighty-four (84) shares of stock of Second Party in Mutual Well Company, Second Party has fully complied with the water requirement formula of First Party. B. Second Party agrees: 1. To transfer and convey `unencumbered to First Party all 84 remain- ing outstanding shares of the original issue of 120 shares of Second Party, not in- cluding those 36 shares now commited to or owned by First Party, on or before September 30, :L972, or such later date as may be mutually agreed upon by the :parties hereto, but in no event later than December 31, 1972, it being expressly understood by said transfer and conveyance that all physical facilities of Second :Party, including, but not limited to, well site, well, pump, pumping equipment, pipelines, ditches and appurtenances together with all easements and prescriptive and other water rights of Second Party in and to the Mutual Well Company well are t:x•ansferred to First Party free and clear of any encumbrance, lien or other oblig- ation including rights of pledgees, if any; 2. To provide to First Party an inventory and description of the assets ~C..{ ~~ and records so transferred to First Party, including, but nc~t limited to, pipelines, <lelive:ry and control devices, weir boxes, water delivery schedules, together with quantity of water. delivered to each stockholder, as well as type and class of each such delivery, a.nd all other necessary information and facilities required to permit l?first Party to provide the agreed services to Second Party; 3. To pay to First Party for water so delivered at the above indicated rate -3 - E!!st ,'aa SaTr.! ',ino Gnu. ty Water ['L. (, 0. nox 3a?7 __ 11!,ti ur~l Rnto A.enix San Efern.aN:: ,~. .. ~.1:'A 13 on a bimonthly basis within 30 days after each respective billing by First Party and in the event of the failure of Second Party to so pay, First Party may discon- tirlLte such water :>ervice so long as such default shall exist. l:t is mutually agreed by and between the parties hereto: 1. The within agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. EAST SAN BERNARDINO COUNTY MUTUAL WELL COMPANY, WATER DISTRICT, a Public a California corporation Corpora zon, i~ ~ ~ ~ By: i~ ~ n/ <~C`r.ti--<~-r~ BY~~c''}--'- -~ '.e~=~c~z. )'resident, Raymond E. Stallwood Presi~H. Roddick ~$oard~f Directors _ ~ ^ By: Act:i.ng Secretary. Da Bd of Directors _..~ v;,'cyN. Garcia . /~ ° ~ /(iLC.G ' ,~ C f/ indl~y O. Hudson Hazel M. Steele J R. Albert "Beak "" _ s~nd/A, q E 0 V u q b .¢ c 0 0 a `o 7 g M LL / H oker ~ , , j STATE OF CALIFORNIA 4Ck San iiernax•dino }+•• `<~"1 ~,~ COUNTY OF_ on_!*1_ISust 28 1972 before me, the undersigned, a Notary Public in and for said Stare, personally appeared. _ D.H Roddick known to me to be the__, President, and Hazel M. $teCr.e known to me to be the_._,______Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, end ac- knowledged to ma that such corporation executed the withI~ instrument pursuant to hs by-laws or a resolution of Its board directors. 1 WITNESS my hand and official reel. ~ -^ // I _ _ Lenora K. McCluskey Name (iype~i or printed) By: ,.r - ,, LEPiC~.`^• +~• !yICCLUS!Cti! ~"""~~ P10inRY PU:1!.IC ~- . -- ;01;!0 COUNTY :;_:.~:~ .,, - 1974 My fComn-,i;:icn: ~r!r^: nnco;t 20, (Thin area for oFciel noterlal eeeq tan rl ~g ~~ ~y~/ ' _ . - 1 A. ~Pa` e~- Gq ~ ( ~~. Harol-d~'.-TFic~°