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HomeMy WebLinkAboutC-928 - Storage Capacity at the San Joaquin ReservoirADDENDUM AGREEMENT (Newport Beach) THIS ADDENDUM AGREEMENT made this 27th day of -� July, 1964 , by and between CITY OF NEWPORT BEACH, a municipal corporation, (herein referred to as "Newport Beach "), IRVINE RANCH WATER DISTRICT, a California Water District organized and existing under the California.Water District Law (herein referred to as "Irvine District "), ORANGE COUNTY MUNICIPAL WATER DISTRICT and.COASTAL MUNICIPAL WATER DISTRICT, each of which is a municipal water district formed under the Municipal Water District Act of 1911 (herein referred to as 'Orange County District" and "Coastal -District"), respectively, COSTA MESA COUNTY WATER DISTRICT, a public district created by special act of the legislature and subject to the provisions of the California County Water District Law (herein referred to as "Costa Mesa District "), and CITY OF HUNTINGTON BEACH, a municipal corporation organized and existing pursuant to the Constitution and Laws of the State of California (herein referred to as "Huntington Beach "). W I T N E S S E T H WHEREAS, The Irvine Company, a corporation organized under the laws of the State of West Virginia (herein referred to as "Company "), by Grant Deed dated November 2, 1962, recorded November 14, 1962 in Book 6322, page 709 of Official Records in the office of the County Recorder of Orange County, California, conveyed to Irvine District certain real property in the County of Orange, State of California, therein described, subject to the express condition subsequent that Irvine District would construct upon part of the land conveyed a reservoir, and thereafter cause the 1 - EXHIBIT "D" 4 i 0 0 same to be operated and maintained for the benefit of the Company and Irvine District and others; and in said Deed the Company reserved to itself and its successors and assigns one hundred (100) acre feet of storage capacity in said reservoir; and WHEREAS, said reservoir is now being constructed pursuant to the conditions set forth in said Deed, and if and when completed, the maintenance, operation and repair of said reservoir shall be performed by The Metropolitan Water District of Squthern California, a metropolitan water district formed under the Metropolitan Water District Act of the State of California, pursuant to two (2) agreements dated April 4, 19620 the first of which was entered into by said The Metropolitan Water District of Southern California, Orange County District and Coastal District (herein referred to as the "Reservoir Agreement "), and the second of which agreements was entered into by said Orange County District, Coastal District and Irvine District (herein referred to as "Supplementary Reservoir Agree- went "). Reference to each of said agreements is made for further particulars; and WHEREAS, the parties to said Supplementary Reservoir Agreement have in writing modified the same in the particular set forth in a written agreement, a copy of which is attached hereto marked Exhibit "C" and made a part hereof; and WHEREAS, concurrently herewith the Company has transferred and conveyed to Newport Beach out of its reserved one hundred (100) acre feet of storage capacity in said reservoir four (4) acre ft, of. water storage capacity therein, subject to the conditions set forth in said Deed of November 2, 1962 under which the Company reserved its said one hundred (100) acre feet of storage capacity, and on the further condition that - 2 - Newport Beach would concurrently execute this Addendum Agreement to said Supplementary Reservoir Agreement between said Orange County District, Coastal District and Irvine District; NOW, THEREFORE, in fulfillment of the last mentioned condition of said conveyance and in consideration of the mutual covenants herein contained, the parties to this Addendum Agreement hereby agree as follows: Section 1. Newport Beach as the holder of said storage capacity right in said reservoir pursuant to the convey- ance thereof as aforesaid hereby agrees to become, and by the execution of this Addendum Agreement does become, a party to the said agreement between said Orange County District and Coastal District and Irvine District referred to herein as the Supple- mentary Reservoir Agreement to which this Addendum Agreement is attached. Section 2. Newport Beach further agrees that as the holder of storage capacity rights in said reservoir it will pay or cause to be paid to said Orange County District and Coastal District Newport Beach's share of the payment required under the provisions of paragraph 7 of said Supplementary Reservoir Agreement. Section 3. Newport Beach further agrees that as the holder of said storage capacity rights in said reservoir it will pay to said Orange County District and Coastal District Newport Beach's share of the cost of replacement water in said reservoir in accordance with the terms of paragraph 8 of said Supplementary Reservoir Agreement. In connection with the foregoing Section 3, Newport Beach agrees that until it pays to said Districts, or either of them, an amount sufficient.to pay its share of the replacement of water to be withdrawn from said reservoir pursuant to said paragraph 8, -3- 1 Newport Beach shall not be entitled to the withdrawal and delivery of such water or any part thereof. Section 4. It is agreed that Newport Beach by becoming a party to said agreement, will not be liable for agreements other than those referred to in Sections 2 and 3 above, and that its right to use its storage capacity rights in said reservoir is subject to the provisions of said Sections. Section 5. All demands to Newport Beach for payment for water to be made by Newport Beach under the provisions of : said Supplementary Reservoir Agreement shall be deemed to have been given to Newport Beach when deposited in the United States mail, postage prepaid, and addressed to Newport Beach at the address hereinbelow set forth, and with an allowance of 48 hours for delivery; City of Newport Beach 3300 Newport Boulevard Newport Beach, California Section 6. The provisions of this Addendum Agreement shall inure to the benefit of and be binding upon each of the parties and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have affixed their names the day and year hereinabove first written and have attached certified copies of the ordinance or resolution of-each of their respective governing bodies authorizing same. CITY OF NEWPORT BEACH TTEST: q B �c�z M or -amt i Clerk Approve as to ty Form and execution Attorney -4- w ATTEST: Secretary Approved as to Form and execution: Attorney ATTEST Secretary Approved as to Form and Execution: ttorney ATTEST: Secretary Approved as to Form and Execution: Attorney ATTEST: Secretary Approved as to Form and Execution: ATTEST: Attorney IRVINE RANCH WATER DISTRICT By President ORANGE COUNTY MUNICIPAL WATER DISTRICT By President COASTAL MUNICIPAL WATER DISTRICT By President COSTA MESA COUNTY WATER DISTRICT By President CITY OF HUNTINGTON BEACH By Mayor Approved as to form and Execution: ity er r 5 Attorney r WWC:mec 10/11/63 E RESOLUTION NO. 6012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A CONVEYANCE OF STORAGE CAPACITY RIGHTS IN THE SAN JOAQUIN RESERVOIR WHEREAS, The Irvine Company, a West Virginia corporation, has executed and delivered to the City of Newport Beach a Grant of Storage Capacity assigning, transferring, and conveying to the City of Newport Beach a storage capacity right to store four acre feet of water in the San Joaquin Reservoir now under construction on land conveyed to the Irvine Ranch Water District described in that certain Corporation Grant Deed recorded on November 14, 1962, as Document No. 10707 in Book 6322, page 709, of Official Records in the office of the Recorder of Orange County, California; and WHEREAS, it is in the interests of the City of Newport Beach and in the public interest for the City to accept said Grant of Storage Capacity; NOW, THEREFORE, BE IT RESOLVED that said Grant of Storage Capacity is hereby accepted and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to record said Grant of Storage Capacity in the County Recorder's office. ADOPTED this,;_ 7 z'Z day of 1964. Mayor A TE City Clerk WWC °mec 7/22/64 0 RESOLUTION N0. 6013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN ADDENDUM AGREEMENT WHEREAS, The Irvine Company has conveyed to the City of Newport Beach a storage capacity right to store four acre feet of water in the San Joaquin Reservoir now under construction on land conveyed to the Irvine Ranch Water District described in that certain Corporation Grant Deed recorded on November 14, 19621 as Document No. 10707 in Book 6322, page 709, of Official Records in the office of the Recorder of Orange County, California; and WHEREAS, as a condition of said conveyance it is neces- sary for the City of Newport Beach to execute and become a party to an Addendum Agreement setting out the procedure under which the City will be able to use said storage capacity right; and WHEREAS, the City Council has reviewed the terms and conditions of said Addendum Agreement and found the same to be fair and equitable and in the interests of the City of Newport Beach; NOW, THEREFORE, BE IT RESOLVED that the said agreement entitled "Addendum Agreement (Newport Beach) ", dated the 27th day of July, 1964, between the City of Newport Beach, the Irvine Ranch Water District, Orange County Municipal Water District, Coastal Municipal Water District, Costa Mesa County Water District, and City of Huntington Beach, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 27th day of July, 1964. TTEST. A.-Or _ City Clerk i� Ruby McFarland County Recorder Courthuux cc !Annex Santa Ant, California Dear Mrs. McFarland: July 30, 1964 Attached for recordation is a Grant of Storage Capacity from the Irvine Company w the City of Newport Beach for four acre feet of water in the San Joaquin Reservoir. A certified copy o£ Resole *_ion No. 6012 authorizing the Accepts:.:;_- of tha sai3 ^onvey_�rce of Storage Capacity Rights is also attached for recordation. Very truly yours, Margery Schrouder City Clerk City of Newport Beach MS:dg Bncls. cc: City Attorney ADDENDUM AGREEMENT (Newport Beach) THIS ADDENDUM AGREEMENT made this 27th day of July, 1964 , by and between CITY OF NEWPORT BEACH, a municipal corporation, (herein referred to as "Newport Beach "), IRVINE RANCH WATER DISTRICT, a California Water District organized and existing under the California.Water District Law (herein referred to as "Irvine District "), ORANGE COUNTY MUNICIPAL WATER DISTRICT and COASTAL MUNICIPAL WATER DISTRICT, each of which is a municipal water district formed under the Municipal Water District Act of 1911 (herein referred to as 'Orange County District" and "Coastal District "), respectively, COSTA MESA COUNTY WATER DISTRICT, a public district created by special act of the legislature and subject to the provisions of the California County Water District Law (herein referred to as "Costa Mesa District "), and CITY OF HUNTINGTON BEACH, a municipal corporation organized and existing pursuant to the Constitution and Laws of the State of California (herein referred to as "Huntington Beach "), W I T N E S S E T H: WHEREAS, The Irvine Company, a corporation organized under the laws of the State of West Virginia (herein referred to as "Company "), by Grant Deed dated November 2, 1962, recorded November 14, 1962 in Book 6322, page 709 of Official Records in the office of the County Recorder of Orange County, California, conveyed to Irvine District certain real property in the County of Orange, State of California, therein described, subject to the express condition subsequent that Irvine District would construct upon part of the land conveyed a reservoir, and thereafter cause the - 1 - EXHIBIT "D" same to be operated and maintained for the benefit of the Company and Irvine District and others; and in said Deed the Company reserved to itself and its successors and assigns one hundred (100) acre feet of storage capacity in said reservoir; and WHEREAS, said reservoir is now being constructed pursuant to the conditions set forth in said Deed, and if and when completed, the maintenance, operation and repair of said reservoir shall be performed by The Metropolitan Water District of Southern California, a metropolitan water district formed under the Metropolitan Water District Act of the State of California, pursuant to two (2) agreements dated April 4, 1962, the first of which was entered into by said The Metropolitan Water District of Southern California, Orange County District and Coastal District (herein referred to as the "Reservoir Agreement "), and the second of which agreements was entered into by said Orange County District, Coastal District and Irvine District_(herein referred to as "Supplementary Reservoir Agree- ment "). Reference to each of said agreements is made for further particulars; and WHEREAS, the parties to said Supplementary Reservoir Agreement have in writing modified the same in the particular set forth in a written agreement, a copy of which is attached hereto marked Exhibit "C" and made a part hereof; and WHEREAS, concurrently herewith the Company has transferred and conveyed to Newport Beach out of its reserved one hundred (100) acre feet of storage capacity in said reservoir four (4) acre ft. of water storage capacity therein, subject to the conditions set forth in said Deed of November 2, 1962 under which the Company reserved its said one hundred (100) acre feet of storage capacity, and on the further condition that - 2 - • S - Newport Beach would concurrently execute this Addendum Agreement to said Supplementary Reservoir Agreement between said Orange County District, Coastal District and Irvine District; NOW, THEREFORE, in fulfillment of the last mentioned condition of said conveyance and in consideration of the mutual covenants herein contained, the parties to this Addendum Agreement hereby agree as follows: Section 1, Newport Beach as the holder of said storage capacity right in said reservoir pursuant to the convey- ance thereof as aforesaid hereby agrees to become, and by the execution of this Addendum Agreement does become, a party to the said agreement between said Orange County District and Coastal District and Irvine District referred to herein as the Supple- mentary Reservoir Agreement to which this Addendum Agreement is attached. Section 2. Newport Beach further agrees that as the holder of storage capacity rights in said reservoir it will pay or cause to be paid to said Orange County District and Coastal District Newport Beach's share of the payment required under the provisions of paragraph 7 of said Supplementary Reservoir Agreement. Section 3. Newport Beach further agrees that as the holder of said storage capacity rights in said reservoir it will pay to said Orange County District and Coastal District Newport Beach's share of the cost of replacement water in said reservoir in accordance with the terms of paragraph 8 of said Supplementary Reservoir Agreement. In connection with the foregoing Section 3, Newport Beach agrees that until it pays to said Districts, or either of them, an amount sufficient,to pay its share of the replacement of water to be withdrawn from said reservoir pursuant to said paragraph 8, - 3 - Newport Beach shall not be entitled to the withdrawal and delivery of such water or any part thereof. Section 4. It is agreed that Newport Beach by becoming a party to said agreement, will not be liable for agreements other than those referred to in Sections 2 and 3 above, and that its right to use its storage capacity rights in said reservoir is subject to the provisions of said Sections. Section 5. All demands to Newport Beach for payment for water to be made by Newport Beach under the provisions of said Supplementary Reservoir Agreement shall be deemed to have been given to Newport Beach when deposited in the United States mail, postage prepaid, and addressed to Newport Beach at the address hereinbelow set forth, and with an allowance of 48 hours for delivery; City of Newport Beach 3300 Newport Boulevard Newport Beach, California Section 6. The provisions of this Addendum Agreement shall inure to the benefit of and be binding upon each of the parties and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have affixed their names the day and year hereinabove first written and have attached certified copies of the ordinance or resolution of.each of their respective governing bodies authorizing same. ATTEST: City Clerk Approved as to Form and execution Attorney - 4 - T OF NEWPORT a ATTEST: IRVINE RANCH WATER DISTRICT By President Secretary Approved as to Form and execution: ATTEST: Attorney ORANGE COUNTY MUNICIPAL WATER DISTRICT By President Secretary Approved as to Form and Execution: ATTEST: Attorney COASTAL MUNICIPAL WATER DISTRICT By President Secretary Approved as to Form and Execution: ATTEST: Attorney COSTA MESA COUNTY WATER DISTRICT By President Secretary Approved as to Form and Execution: ATTEST: Attorney CITY OF HUNTINGTON BEACH By Mayor Approved as to form and Execution: City Clerk - 5 - Attorney Cit;i lark -a- July 30, 1964 City Attorney City Clerk �* Con"yance of four as* feet of Storage Capacity, San Joaquin Reservoir Attached is copy of latter to the County Recorder requesting recordation of the Grant of Storage Capacity. In accor9c-nce with your request, twc copies of the Addendua Agreement attached hereto, having been executed by the Mayor and me, Two certified copies of the Resolution authorizing the execution of the Addend,= Agreement are also attached. Margery behrouder City Clerk MSidg Encls. n �C I 0 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT To: City Clerk From: City Attorney July July 22, 1964 Subject: Conveyance of four acre feet of storage capacity, San Joaquin Reservoir Transmitted are the following: 1. A memorandum being sent to the Mayor and City Council. 3. 4. 5. A Grant of Storage Capacity of four acre feet in the San Joaquin Reservoir. A resolution accepting the conveyance and authorizing its recording. Three copies of an Addendum Agreement (Newport Beach). A resolution of the City Council authorizing execution of the Addendum Agreement. 0, It is suggested that the matter be placed before the City Council on July 27 for consideration of the adoption of the two resolu- tions. Upon adoption of the resolutions, the Grant of Storage Capacity and a certified copy of the resolution accepting it should be recorded in the Count Reca�der`s office: Itis sug- gested that thii�AW&ndum Agreement attached to the grant and referred to in the grant be removed and not_rgcQ ded with the Grant of Storage Capacity. Two copies of the Addendum Agreement should be executed by you and the Mayor and returned to this office, together with two certified copies of the resolution L its execution. I am also transmitting for your records the following documents: 1. Agreement for the Construction, Yaintenance and Operation of a Reservoir near the East Orange County Feeder No. 2 of the Metropolitan Water District of Southern California dated April 4, 1962. n v To: City Clerk -2- n u July 22, 1964 2. An agreement of Orange County Municipal Water District, Coastal Municipal Water District, and Irvine Ranch Water District dated April 4, 1962. 3. A document entitled "Amendment to Agreement" dated December 4, 1963. 4. A document entitled "Addendum Agreement (The Irvine Company)" dated February 6, 1964, For the purposes of your record, the above - listed documents achieve the following: 1. The Grant of Storage Capacity conveys four acre feet of storage capacity in the San Joaquin Reservoir now under construction to the City of Newport Beach. 2. The Addendum Agreement (Newport Beach) sets out the conditions under which the City may make use of the four acre feet of storage capacity and makes the City a party to the Supplementary Reservoir Agreement which is the second document listed above dated April 4, 1962. 3. The other document dated April 4, 1962, sets out the conditions under which Metropolitan Water District of Southern California will operate the San Joaquin Reservoir. 4. The Supplementary Reservoir Agreement also dated April 4, 1962, between Orange County Municipal Water District, Coastal Munic- ipal Water District, and Irvine Ranch Water District provides for the construction of the San Joaquin Reservoir by the Irvine Ranch Water District and sets out the procedures under which use of the storage capacity might be made. 5. The document entitled "Amendment to Agreement" dated December 4, 1963, amends the Supplementary Reservoir Agreement to make it possible for The Irvine Company, a private agency, to hold storage capacity in the San Joaquin Reservoir and make use of said capacity. As the Supplementary Reservoir Agreement initially read, it was only local public agencies with which the Irvine Ranch Water District could enter into agreements for storage capacity. 6. The document entitled "Addendum Agreement (The Irvine Company)" is the document by which The Irvine Company becomes a party to the Supplementary Reservoir Agreement between Orange County, C� • To: City Clerk -3- July 22, 1964 Coastal, and Irvine Ranch Water Districts. This Addendum Agreement contemplates that The Irvine Company may convey a portion or all of its one hundred acre foot capacity. These documents are transmitted to you in order that your file will reflect the arrangements by which the San Joaquin Reservoir is being operated and under which the City may use the four acre feet being transmitted to it. Walter W. Charamza WWC:mec City Attorney Encs. cc - City Manager Public Works Director CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT July 22, 1964 To. The Honorable Mayor and City Council From. City Attorney Subject. Storage capacity in San Joaquin Reservoir r - J Pursuant to the letter of agreement by The Irvine Company on Tract No. 4892 and Tract No. 4893, it has executed and delivered a Grant of Storage Capacity of four acre feet in the San Joaquin Reservoir, This grant is subject to the City's becoming a party to an agree- ment entitled "Addendum Agreement (Newport Beach) ", which sets out the procedure for the use of the four acre feet. Attached are two resolutions for consideration by the City Council. The first would accept the Grant of Storage Capacity and the second would authorize the execution of the Addendum Agreement. The Addendum Agreement provides that by its execution the City be- comes a party to an agreement between Orange County Municipal Water District, Coastal Municipal Water District, and the Irvine Ranch Water District, This latter agreement dated the 4th day of April, 1962, recites the existence of other contracts relating to the con- struction and operation of the East Orange County Feeder No, 2 and to the construction and operation of the San Joaquin Reservoir, and it provides that at the time the reservoir is ready to receive water the Irvine District and other parties to the agreement having capacity rights in the reservoir will on demand pay to Orange County Municipal or Coastal Municipal the amount required to be paid by Orange County Municipal or Coastal Municipal to Metropoli- tan for the water necessary to fill the San Joaquin Reservoirs It also provides that the Irvine Ranch Water District and other local parties to the agreement having capacity rights also agree to pay to Orange County Municipal or Coastal Municipal the price of re- placement water required to be paid by Orange County Municipal and Coastal Municipal to Metropolitan as a condition of withdrawal of water from the reservoir by Orange County Municipal or Coastal Municipal stored for the benefit of Irvine Ranch Water District or a local agency having a capacity right. It also provides that orders for water to Metropolitan Water District by local agencies will be made through Orange County Municipal or Coastal Municipal and that such orders for withdrawal will be accompanied by a remit- tance in an amount sufficient to pay for the water ordered and that duplicates of such orders will be sent to all parties to the agree- ment at the time the order is made. 0 Too The Honorable Mayor and City Council 0 -2- July 22, 1964 Section 2 of this Addendum Agreement to be executed by the City makes specific reference to paragraph 7 of the Supplementary Reservoir Agreement between Orange County Municipal, Coastal Municipal and the Irvine Ranch Water District, which is the section providing for payment for water in order to fill the reservoir. Section 3 of this Addendum Agreement specifically requires New- port Beach to pay for the replacement water in accordance with the Supplementary Reservoir Agreement before it is entitled to with- draw water it has stored in the reservoir. Section 4 provides that Newport Beach by becoming a party to the Supplementary Agreement will not be liable for agreements other than those referred to in Sections 2 and 3 and that its right to use the storage capacity in the reservoir is subject to the pro- visions of said sections, Section 5 provides that demands to Newport Beach for the payment for water will be mailed to the City's regular address at 3300 Newport Boulevard, The documents appear to be in order and it would be appropriate for the City Council to adopt the two resolutions transmitted herewith which would authorize the acceptance of the Grant of Stor- the execution o t e en um areement, It should be noted that these documents merely convey the agreed - upon capacity right in the reservoir to the City and provide the procedure by which this storage capacity right can be used by the City. It is still necessary for City transmission mains to be developed through which water can be also delivered to the area of the City for which this capacity right is being conveyed. A copy of the agreements obtained in connection with tion of this matter is being transmitted t the City file, Walter We Charamza/ WWComec City Attorney Encso cc - City Manager City Clerk Public Works Director the considera- Cler for her WWC:mec • • 10/11/63 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ACCEPTING A CONVEYANCE OF STORAGE CAPACITY RIGHTS IN THE SAN JOAQUIN RESERVOIR WHEREAS, The Irvine Company, a West Virginia corporation, has executed and delivered to the City of Newport Beach a Grant of Storage Capacity assigning, transferring, and conveying to the City of Newport Beach a storage capacity right to store four acre feet of water in the San Joaquin Reservoir now under construction on land conveyed to the Irvine Ranch Water District described in that certain Corporation Grant Deed recorded on November 14, 1962, as Document No. 10707 in Book 6322, page 709, of Official Records in the office of the Recorder of Orange County, California; and WHEREAS, it is in the interests of the City of Newport Beach and in the public interest for the City to accept said Grant of Storage Capacity; NOW, THEREFORE, BE IT RESOLVED that said Grant of Storage Capacity is hereby accepted and the City Clerk is authorized and directed to execute and attach thereto a certificate of acceptance and consent to its recording and to record said Grant of Storage Capacity in the County Recorder's office. ATTEST: ADOPTED this day of City Clerk , 1964. Mayor WWC :mec • 7/22/64 RESOLUTION NO. • A RESOLUTION OF THE CITY COUNCIL OF, THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN ADDENDUM AGREEMENT WHEREAS, The Irvine Company has conveyed to the City of Newport Beach a storage capacity right to store four acre feet of water in the San Joaquin Reservoir now under construction on land conveyed to the Irvine Ranch Water District described in that certain Corporation Grant Deed recorded on November 14, 1962, as Doc anent No. 10707 in Book 6322, page 709, of Official Records in the office of the Recorder of Orange County, California; and WHEREAS, as a condition of said conveyance it is neces- sary for the City of Newport Beach to execute and become a party to an Addendum Agreement setting out the procedure under which the City will be able to use said storage capacity right; and WHEREAS, the City Council has reviewed the terms and conditions of said Addendum Agreement and found the same to be fair and equitable and in the interests of the City of Newport Beach; NOW, THEREFORE, BE IT RESOLVED that the said agreement entitled "Addendum Agreement (Newport Beach) ", dated the 27th day of July, 1964, between the City of Newport Beach, the Irvine Ranch Water District, Orange County Municipal Water District, Coastal Municipal Water District, Costa Mesa County Water District, and City of Huntington Beach, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach, ATTEST: ADOPTED this 27th day of July, 1964. City Clerk Mayor l ADDENDUM AGREEMENT (The Irvine Company) THIS ADDENDUM AGREEMENT made this � day of F �i rr. PJ , 19644 by and between THE IRVINE COMPANY, a corporation organized under the laws of the State of West Virginia (herein referred to as "Company "), IRVINE RANCH WATER DISTRICT, a California water district organized and existing under the California Water District Law (herein referred to as "Irvine District "), and ORANGE COUNTY MUNICIPAL WATER DISTRICT and COASTAL MUNICIPAL WATER DISTRICT, each of which is a municipal water district formed under the Municipal Water District Act of 1911 (herein referred to as "Orange County District" and "Coastal District "), COSTA MESA COUNTY WATER DISTRICT, a public district created by special act of the legislature and subject to the provisions of the California County l Water District Law (herein referred to as "Costa Mesa Dis- trict"), and CITY OF HUNTINGTON BEACH, a municipal corpo- ration organized and existing pursuant to the Constitution and Laws of the State of California (herein referred to as "Huntington Beach "), W I T N E S S E T H; WHEREAS, the Company, by Grant Deed dated Novem- ber 2, 1962, recorded November 14, 1962 in Book 6322, Page 709 of Official Records in the office of the County Recorder of Orange County, California, conveyed to Irvine District certain real property in the County of Orange, - 1 - EXHIBIT "C" I State of California, therein described, subject to the express condition subsequent that Irvine District would construct upon part of the land conveyed a reservoir, and thereafter cause the same to be operated and maintained for the benefit of the Company and Irvine District and others; and in said deed the Company reserved to itself and its successors and assigns one hundred (100) acre feet of storage capacity in said reservoir; and WHEREAS, said reservoir is now being constructed pursuant to the conditions set forth in said deed, and if and when completed, the maintenance, operation and repair of said reservoir shall be performed by The Metropolitan Water District of Southern California, a metropolitan water district formed under the Metropolitan Water District Act of the State of California, pursuant to two (2) agree- ments dated April 4, 1962, the first of which was entered into by said The Metropolitan Water District of Southern California, Orange County District and Coastal District, (herein referred to as the "Reservoir Agreement "), and the second of which agreements was entered into by said Orange County District, Coastal District and Irvine District, (herein referred to as "Supplementary Reservoir Agree- ment"). Reference to each of said agreements is made for further particulars; and WHEREAS, the parties to said Supplementary Reservoir Agreement have in writing modified the same in the particulars set forth in a written agreement, a copy of which is attached hereto marked Exhibit "3" and made a part hereof; and - 2 - • • WHEREAS, the Company as the holder of said right to said one hundred (100) acre feet of storage capacity in said reservoir as reserved in the deed aforesaid, de- sires to become a party to said Supplementary Reservoir Agreement and to assume the obligations hereunder as here- inafter designated: PLOW, THEREFORE, in consideration of the mutual covenants herein contained and of the mutual benefits to be derived therefrom, the parties hereto agree as follows: Section 1. The Company, as the holder of said storage capacity rights in said reservoir as reserved in the deed aforesaid, hereby agrees to become, and by the execution of this Addendum Agreement does become, a party to the said Supplementary Reservoir Agreement, to which this Addendum is attached. Section 2. The Company further agrees that as the holder of storage capacity rights in said reservoir it will pay or cause to be paid to said Orange County Dis- trict and Coastal District the Company's share of the pay- ment required under the provisions of Paragraph 7 of said Supplementary Reservoir Agreement, as amended aforesaid. Section 3. The Company further agrees that as the holder of said storage capacity rights in said reser- voir it will pay to said Orange County District and Coastal District the Company's share of the cost of replacement water in said reservoir in accordance with the terms of Paragraph 8 of said Supplementary Reservoir Agreement, as so amended. - 3 - 0 0 Section 4. In the event the Company exercises its right under Section 7 below to assign all or a portion of its reserved capacity rights the Company agrees to hold Irvine District, Orange County District and Coastal Dis- trict, and each of them, harmless from any damage or liability which they or either of them may sustain by reason of the breach of contract by or failure of any as- signee of the Company to pay all charges for the water necessary to fill the 100 - acre -foot storage capacity rights reserved to the Company. Section 5. The Company agrees that by becoming a party to said Supplementary Reservoir Agreement it will not be liable for agreements other than those referred to in Sections 2, 3 and 4 above, and in Section 7 below, and that it will not attempt to obstruct or interfere with the other provisions of said Supplementary Reservoir Agree- ment, as-amended aforesaid. Section 6. All demands to the Company for pay- ments to be made by the Company shall be deemed to have been given to the Company when deposited in the United States mail, postage prepaid, and addressed to the Company at the address hereinbelow set forth, and with an allow- ance of 48 hours for delivery: The Irvine Company, Post Office Box 37, Irvine, California. Section 7. It is understood and agreed that the Company may from time to time transfer and assign a portion, or all, of its capacity rights in the reservoir. It is mutually agreed that upon any such assignment or transfer - 4 - the Company will be relieved of its obligations and lia- bilities under this Addendum Agreement, with the exception of Section 4 hereof, and the Supplementary Reservoir Agreement, as amended, as to the portion of its capacity rights so assigned, provided that upon any such assignment the Company shall impose the condition that the transferee of such capacity right will execute and deliver to the then parties to said Supplementary Reservoir Agreement, as amended, an Addendum Agreement in the form as attached hereto marked Exhibit "D ", which by this reference is made a part hereof. Section 8. The provisions of this Addendum Agreement shall inure to the benefit of and be binding upon each of the parties and their successors and assigns. IN WITNESS WHEREOF, the parties hereto have affixed their names the day and year hereinabove first written and have attached certified copies of the ordi- nance or resolution of each of their respective governing bodies authorizing same. Attest: Secretary THE IRVINE COMPANY By President Approved as to Form and Execution: Attorney - 5 - Attest: Secretary 9 IRVINE RANCH WATER DISTRICT By President Approved as to Form and Execution: Attest: Attorney Secretary ORANGE COUNTY MUNICIPAL WATER DISTRICT By President Approved as to Form and Execution: Attest: Attorney Secretary COASTAL MUNICIPAL WATER DISTRICT By President Approved as to Form and Execution: Attest: Attorney Secretary COSTA MESA COUNTY WATER DISTRICT By President Approved as to Form and Execution: Attorney SIE ' t Attest: u CITY OF HUNTINGTON BEACH By Mayor City Clerk Approved as to Form and Execution: Attorney - 7 - 1 2 3 4 5 6 71 [.7 9 10. 11'1 12 13' 14 15 16 17 18' 19 20 21'i 22 23 24 25 26 27 281 edsl 30 31 32 WINTNRor O. GORDON 1 ATTORNEY AT LAW 922 CITIZENS NATIONAL BANK BUILDING 900 N. BROADWAY BANTA ANA. CALIFORNIA' KIMBERLY 7- 2363', 1 • 0 AMENDMENT TO AGREEMENT 11 -LL -O? • r (/eC e rN be t� THIS AGREEMENT made this day'of 41s�, 1963, by and between ORANGE COUNTY MUNICIPAL WATER DISTRICT (Orange District) and COASTAL MUNICIPAL WATER DISTRICT (Coastal District), each a municipal water district organized under the Municipal Water Dis- trict Act of 1911, and IRVINE RANCH WATER DISTRICT (Irvine Dis- trict), a California Water District organized under the California Water District Law, and COSTA MESA COUNTY WATER DISTRICT (Costa Mesa District), a public district created by special act of the legislature and subject to the provisions of the California County Water District Law, and the CITY OF HUNTINGTON BEACH (Huntington Beach), a municipal corporation organized and existing pursuant to the Constitution and laws of the State of California. W I T N E S S E T H: Explanatory Recitals 1. Under date of April 4, 1962 Orange District, Coastal District and Irvine District entered into a written agreement (Sup- plementary Reservoir Agreement), under which agreement Irvine Dis- trict undertook to construct, and is now constructing, a reservoir for the storage of water upon order of Irvine District or any other parties who may become parties to said agreement. 2. Said Supplementary Reservoir Agreement provides, among other things, that Irvine District may enter into written agreements for storage capacity in said reservoir with Orange District, Coastal District, or other local public agencies within either of said dis- tricts, and that any such contracting party shall by Addendum Agree- ment become a party to said Supplementary Reservoir Agreement. 3. Subsequent to the execution of said Supplementary Re- servoir Agreement, Costa Mesa District and Huntington Beach acquires storage capacity rights in said reservoir and by written addendum each of them became and now is a party to said Supplementary 1 . I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26' 27 28 F19 301 31 32' WINTNROR O. GGROON ATTORNEY AT LAW 023 CITIZENS NATIONAL BANK BUILDING GOON. BROADWAY SANTA ANA. CALIFORNIA KIMBERLY 7.2549 i Reservoir Agreement. 4), 4. Irvine District is constructing said reservoir pur- suant to the provisions of a Grant Deed from THE IRVINE COMPANY, (The Company), a corporation, recorded in Book 6322, page 709 of Official Records in the office of the County Recorder of Orange County, in which deed The Company reserved to itself and its suc- cessors and assigns, and now holds, one hundred (100) acre feet of storage capacity in said reservoir, and The Company desires to be- come a party to said Supplementary Reservoir Agreement by the ex- ecution of an addendum thereto in the form attached hereto (with- out exhibits) marked Exhibit "C" and spade a part hereof. 5. The present parties to said Supplementary Reservoir Agreement hereinabove named, in order to enable The Company, a pri- vate corporation, and other private parties, to become parties to said agreement, desire to modify the provisions of paragraph 14 thereof by adding thereto the words "or private" as hereinafter designated. NOW, THEREFORE, in consideration of the mutual covenants herein contained and of the mutual benefits to be derived there- from, the parties hereto agree as follows: Executory Agreements 6. That paragraph 14 of said Supplementary Reservoir Ag ment be and the same is hereby modified to read as follows: "14. Subject to all of the terms and conditions of the Reservoir Agreement, Exhibit A, Irvine Dis- trict may enter into agreements for storage capacity in the reservoir with Orange District, Coastal Dis- trict, or other local public or private agencies within Metropolitan District and within either Orange District. or Coastal District; such contracts shall be in writing and shall be made by addendum to this agreement, and any such contracting party shall 2. 1 2 3 4 5� 6 7 8 9 10 11 12 13 14 15 161 171 18 19 20 21 22 23 24 251 26 27 28 29 30 31 32 WINTHROP O. GOAOON ATTORNEY AT LAW 039 CITIZENS NATIONAL I BANK BOILOING ' SOO N. OROAOW AY SANTA ANA. CALIPORNU: KIMBERLY 7.2543 1 0 0. thereupon become a party to this agreement; and Orange District and Coastal District shall have no right to store water in the reservoir for their respective districts, except as provided herein." 7. That in paragraph 18 of said Supplementary Reservoir Agreement being the said agreement of April 4, 1962 entered into between Orange County Municipal Water District, Coastal Municipal Water District and Irvine Ranch Water District it is provided as follows: "Irvine District agrees to hold Orange District and Coastal District and each of them harmless from any damage which they or either of them may sustain by reason of the execution and delivery of said re- servoir agreement hereto attached." It is agreed that the said amendment to paragraph 14 as hereinabove set forth in paragraph 6 hereof enlarging the rights of Irvine Ranch Water District to enter into agreements for storage capacity in the reservoir with "private" agencies is a risk within the in- tended protections of said paragraph 18 and Irvine Ranch Water District agrees that any obligations, including but not in any way limited to any charges for water which may be obtained by either public or private agencies as provided by said agreement of April 4, 1962 as herein amended, which Orange County Municipal Water District and Coastal Municipal Water District or either of them may incur in acting in compliance with said paragraph 14 as amended in paragraph 6 hereof are within the protections of said hold harmless agreement. 8. Said Supplementary Reservoir Agreement, as hereinabove modified shall continue in full force and effect until terminated. IN WITNESS WHEREOF, the parties hereto have affixed their names the day and year hereinabove first written and have attached certified copies of the ordinance or resolution of each of their 3. 2 3y 4li 5 6. 7 81 9 10 11 12 13 14 15 16 17 18 19 20 21 22'. 23 24 25 26 27 28 29 me 31 32 WINTHROP O. CORDON ATTORNEY AT LAW , 133 CIT12ENi NATIONAL .) BANY. BUILDING 9O0 N. BROADWAY 6ANTA ANA. CALIFORNIA ' KIMaeRLT 7.2543 �i 11 1] respective governing bodies authorizing same. ORANGE COUNTY MUNICIPAL WATER DISTRICT By ATTEST: President Secretary Appr ved as to Form -Execution: COASTAL MUNICIPAL WATER DISTRICT C By � f�.7 ri - -vrtC L J ATTEST: / P esi ent Secretary —� Approved as to Form and Execution: Attorn� jJ IRVINE RANCH WATER DISTRICT By ATTEST: Pres ent Secretary 7 Approved as to Form and Execution: _._..... ttorney COSTA MESA COUNTY WATER DISTRICT gy, ATTEST: President t1l— Secretary Approved as tom and Execution: Attorney � 4. i WINT Rov O. GOR[ ATTORNEY AT LA. 929 CITIZENS NATIO BANK DYILDING 000 N. BROADWA' TANTA ANA. CALWO KINDERLY 7.2SA CITY OF NGTON BEACH i ATTEST: By Mayor City Clerk Approved as to Form and Executiou/ f S. AGREEMENT THIS AGREEMENT is made this day of. 1062, by ORANGE COUNTY MUNICIPAL WATER DISTRICT (Orange District) and COASTAL MUNICIPAL WATER DISTRICT (Coastal District), each a municipal water district organized under the Municipal Water District get of 1911, and the IrAVINE naNTCH,WA7ER DISTRICT (Irvine .District and Irvine), a California Water District, organized under the California Water District Law: WITNESSETH• • Expl, amatory Recitals 1. In Orange County the areas of five constituent unit municipalities are within The Metropolitan Water District of Southern California, a Metropolitan Water. District, formed under the Metropolitan Water District Act of the State of California ( Metropolitan). These are Orange District and Coastal District and the cities of Anaheim, Fullerton, and Santa Ana. The area of Irvine District is within Orange District and is within Metropolitan, 2. Irvine District has tr a power to acquire, plan, construct, maintain, improve, operate and keep in repair the necessay works for • the production, storage, transmission *-and distribution of water.for irrigation, domestic, industrial and municipal purposes. Irvine District further has the pow e:. to entar into contracts with the State, or any department or agency thereof, for the construction, extension, operation, control, maintenance and management of any works or other props -rties constructed or acquired by Irvine District, 3. Under date of July 11, 1961, Metropolitan, Orange District, Coastal District, the City-Of Anaheim and the City of Santa Ana entered • 1. into that certain "Agreement for Joint Exercise of Powers for Construction, Operation and Maintenance o: East Orange County Feeder No. 2" (Joint Powers Agreement), for the construction of the said East Orange Cour.':y Fender No. 2 (Feeder) comprising a water delivery feeder and appurtenant facilities (extending from Metropolitan's lower feeder to the vicinity of Me•:ropolitan's Corona Del Mar Reservoir) for the delivery of water by Metropolitc:l to the parries thereto other than Metropolitan, for the payment of the costs of constructing, operating, maintaining, and replacing the said East Orange County Feeder No, 2 and for the allocz.tion of delivery capacities therein. Irvine District has e::,.:,;:-,;sseG its intent to construct a reservoir of a capacity of 3000 acre feet near the terminus of the Feeder, the completion date of which will apprc :.mate the completion date of said Feeder, and desires Metropolitan to operate said reservoir for the benefit of the parties concerned. Metropolitan considers it necessary in that connection to enter into an agreement with Orange District and • Coastal District, which said agreement is tha reservoir agreement herein referred to. Orange District and Coastal District ara wiling to enter into such reservoir. agreement provided that the burden of constructing said reservoir anc. ap; urtenant works and making replacements thereto be • assumed by Irvine District, said Orange District and Coastal District being without facilities with which to perform su'a construction and replacement except that Irvin; District assume such burden. 4. Metropolitan has been designated as operating agent for ' the Feeder by the parties to the Joint Powers Agreement and the ope_ ation of said reservoir by Metropolitan will assist it in its operation of the Feeder and in the delivery of its water, Worder to obtain the 2* 3 benefits of regulatory capacity in the reservoir and of its operation thereof, Metropolitan is willing to operate and manage the reservoir at Metropolitan's expense, as provided in the agreement between Metropolitan, Orange District and Coastal District of even date herewith, hereinafter referred to as "Reservoir Agreement ". NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties to this Agreement hereby agree as follows. Executory 11 greements 5. That said Reservoir Agreement hereinabove referred to is marked Exhibit A, attached hereto, and lmade , part of this Agree- ment as though herein set forth in full; 6. Irvine agrees to assume the obligation of Orange District and Coastal District under the Reservoir Agreement to construct the reservoir and appurtenant facilities in the time and in the manner as set forth in said contract, Exhibit A attached hereto. 7. At the time the reservoir is ready to receive water, Irvine and other local parties to this agreement, if any, then having capacity rights in the reservoir will, on demand, pay in the aggregate to Orange District and Coastal District the amount required to be paid by Orange District and Coastal District to Metropolitan for the water necessary to fill said reservoir as provided in said agreement marked Exhibit A. 9 S. Irvine and such local parties, if any, agree to pay on demand to Orange District and Coastal District the price of replacement water required to be paid by Orange District and Coastal District to Metropolitan as per said agreement marked Exhibit A as a condition of the withdrawal upon t: order of Crange District or Co: seal District of water stored for the benefit of Irvine or such local agency. Orders to Metropolitan for water for storage in or withdrawal from said reservoir shall be made in the usual manner by Irvi:z or other local agencies, if any, having capacity rights in said reservoir through Orange District or Coastal District,. Irvine or such other local agencies will accompany any order for withdrawal from said reservoir with a remittance in an amount sufficient to pay for the replacement of water to be withdrawn pursuant to such order. Duplicates of all orders for withdrawal of water from said reservoir shall be sent to all par' ties to this agreement at the time said order is made. Said orders shall state: (1) the amount presently in storage -for the account of suc$ party making said order; (2) the amour. to be withdrawn by said order for the account of such party; and (3) the balance on hand in said reservoir for the account of such party with the completion of said order of withdrawal.. S. The parties to this .agreemeat.agree that Metropolitan shall have all of the rights set out in ".,e said Reservoir Agreement, Exhibit A, including, without being limited to, the provisions of Paragraph 9 of said Reservoir Agreement granting Metropolitan the exclusive use of 300 acre -feet of the capacity of the reservoir for storage of its water • therein and the privilege of withdrawing on a loan basis any quantity up to 200 acre -feet of other water stored in the reservoir. 10. Metropolitan shall have the right and duty to operate and, clean said reservoir and replace water lost by evaporation, all as set forth in said Exhibit A attached to this ab eement. 11. Upon notification by Metropolitan, Orange District and Coastal District shall notify all parties to this agreement of Metropolitan's intention'to clean the reservoir. 0 n 4 0 n C 12. Irvine agrees to c-ssumc, the obligations of Orange District and Coastal District under the said 3escrvoir Agreement to pay for and make replacements as required under paragraph 14 ei Exhibit A. Orange District and Coastal District "r-ont to L•-vine the privilege of inspecting each replacement of $50, 000.00 or more and consenting or objecting to such replacement, which consent or objection will furnish the basis for Orange District's and Coastal District's consent or objection as provided in said Reservoir Agreement. 13. It is agreed that tha obligation of Orange District and/or Coastal District to effect physical delivery of water into the reservoir upon order of Irvine or -any other local parties who maybe parties to this agreement is subject to the rights of said Orange District and • Coastal District referred to in paragraph 15 of said Exhibit A attached , hereto.. n 14.. Subject to all of ti:a tar:as and conditions of the Reservoir Agreement, Exhibit A, Irvine District may enter into agreements for storage capacity in the reservoir with G_ ange Distract, Coastal District, or other local public agencies within ;�.:eisopolitan District and within either Orange District or Coastal District; such contracts shall be in writing and shall be made by addendum to this agreement, and any such contracting party shall thereupon beco ine a party to this agreement; and Orange District and Coastal District shall have no right to store water in the reservoir for their respactiva districts, except as provided herein. 15. This Agreement shall lcconzcinua for fifty (50) years. 16. Orange District and Coastal District shall not consent to any amendment, revision, suspension, or termination of the Reservoir M1 5. w , 6 Agreement without the consent of the other parties to the within agreement. 17. All notices called for by this Agreement and the Reservoir Agreement so far as the parties to this Ag_ eement ar0 , concerned shall be deemed to have been given to the respective parties when deposited in the United States .ail, postage prepaid, and addressed to such district at the address hereinbelow set forth and with an allowance of 48 hours for delivery: To ORANGE DISTRICT at: 60 Plaza Square Orange, California To COASTAL DISTRICT at: Post Office Box 9:.3 - Laguna Beach, California , To IRVINE DISTRICT at: Post Office Box 37 Tustin, , Califoraa 18. Irvine District ag_.fes to hold Orange District and Coastal District and each of them harmless from any damagas which t: :ey or either of their, may sustain by reason of the execution and delivery of said Reservoir Agreement hereto attached. 19. The provisions of this agreement shall inure to the benefit of and be binding upon each of the parties, their successors and assigns. IN WITNESS WHEREOF', the parties hereto have affixed their names the day and year hereinabove first written and have attached 6. certified copies of the ordinance or resolution o: each o: thoir respective governing bodies authorizing, same. OR•LNGE COUNTY MUNICIPAL WATER DISTRICT By_ President ATTEST: ti ecretary Approved as to Form and Execution: ' Attorney COASTAL MUNICIPAL WATER DISTRICT By President ATTEST: Secretary Approved as to Form and Execution: ttornay IRVINE RANCE WATER. DIST 1CT Ry President ATTEST: • Secretary • Approved as to Form and Execution: Attorney - -- -- , ?. AGREEMENT FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A RESERVOIR NEAR THE EAST ORANGE COUNTY FEEDER NO, 2 OF THE METROPOLITAN. WATER DISTRICT OF SOUTHERN CALIFORNIA THIS AGREEMENT is made this �.:� day o£L�o 1962, by THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA ( "Metropolitan "), a metropolitan water district organized under the Metropolitan Water District Act of the State of California, ORANGE COUNTY MUNICIPAL WATER DISTRICT ( "Orange District "), and COASTAL MUNICIPAL WATER DISTRICT ( "Coastal District "), each a municipal water district organized under the Municipal water District Act of 1911, WITNESSETHs Explanatory Recitals 1. In Orange County the areas of five constituent unit municipalities are within Metropolitan. These are Orange District and Coastal District, and the Cities of Anaheim, Fullerton and Santa Ana. Metropolitan provides, sells, and delivers water and water service, or may hereafter provide, sell, and deliver water and water service within Orange County to the United States of America, and to the State of California, under contract therefor. Otherwise, except for the areas within the Cities of Anaheim, Fullerton and Santa Ana, Metropolitan makes all of its wholesale distributions of water within Orange County, and contractual �k IB eT "'All 14 a arrangements therefor, through its constituent unit agencies, Orange District and Coastal District. IRVINE RANCH WATER DISTRICT ( "Irvine ") is a California water district organized under the California Water District Law of the State of California. The area of Irvine i6 within Orange District and is within Metropolitan. 2. Under date of July 11, 1961.-Metropolitan, Orange District, Coastal District, the City of Anaheim and the City of Santa Ana entered into that certain "Agreement For Joint Exercise of Powers For Construction, Operation and Maintenance of East Orange County Feeder No. 2 ", to which reference is hereby made, for the construction of the said East Orange County Feeder No. 2, comprising a water delivery feeder and appurtenant facilities, extending from Metropolitan's Lower Feeder to the vicinity of Metropolitan's Corona del Mar Reservoir, for the delivery of water by Metropolitan to the parties thereto other than Metropolitan, for the payment of the costs of constructing, operating, maintaining, and replacing the said East Orange County. Feeder No.-,2, and for the allocation of delivery capacities therein. The said agreement does not provide for any rights in water, as distinguished from capacity, for any of the contracting parties other than Metropolitan. The said agreement is herein- after referred to as the "Joint Powers Agreement ", and the said East Orange County Feeder No. 2 is hereinafter referred to as the "feeder "r • 2 - 1 1 • . • � � f 1 r • I •' 1 • 2 - 1 1 • . • � � f 1 3. By the terms of the said Joint Powers Agreement a certain delivery capacity in the feeder was allocated to each party thereto including Orange District. Orange District has entered into an agreement with Irvine by the terms of which Irvine is granted the use of a part of Orange District's delivery capacity but it is understood that by the execution of this present agreement it is not,ihtended that-such subsidiary agree- went become binding upon Metropolitan or upon any other party to the Joint powers Agreement. 4. Metropolitan's Board of Directors has approved the participation of Metropolitan in the cost of building the feeder according to a'design providing for 310 cubic feet per second capacity in the first reach thereof, and has indicated that it will participate in the cost of conateucting the feeder according to a design which would provide for a hydraulic elevation of 460 feet above sea level at the downstream terminus of the feeder, if a terminal reservoir of 2500 acre -feet usable capacity, or larger. is constructed without expense to Metropolitan, under arrangements for Metropolitan's use thereof for regulation. 5. orange District and coastal District are willing to have constructed without expense to Metropolitan the terminal reservoir referred to in paragraph 4 above with a total usable capacity of 2500 acre -feet or more. The said reservoir is hereinafter called "the reservoir" or "the terminal reservoir ". Design studie8'have been made and preliminary plans have been prepared for the construction '•of the said ,reservoir and a schedule "3W Y�• for its construction has been developed which contemplates its completion at or about the time that the feeder is completed. 6. Metropolitan has been designated as operating agent for the feeder by the parties to the Joint Powers Agreement and the operation of the reservoir by Metropolitan will assist it in its operation of the feeder and in the delivery of its water. In order to obtain "the benefits of regulatory capacity in the reservoir, and the benefits of its operation thereof, Metropolitan is willing to operate and manage the reservoir at Metropolitan's expense, but it is not willing to pay any part of the costs of constructing such reservoir, since storage will be provided therein, under the terms and conditions of this agreement, for agencies receiving Metropolitan water, and it is Metropolitan's policy not to construct or provide storage for any such agencies. NOW, THEREFORE, in consideration of the mutual covenants herein contained, and without in any way affecting the Joint Powers Agreement, or the rights, powers, privileges, duties, obligations or responsibilities of any of the parties thereto, the parties to this agreement hereby agree as followas Executory Agreements 7. orange District and Coastal District, jointly and severally, will construct the reservoir, with a usable capacity of 3,000 acre -feet, and the valved works therein and the outlet pipe line referred to in paragraph 121 or will secure the con- struction of such reservoir, valved works and pipe line, all , without expense to Metropolitan lend in a manner satisfactory 4 to it. Such reservoir shall be located on Irvine's land near the terminus of the feeder in the vicinity of Metropolitan's Corona del Mar Reservoir in Orange County. The said reservoir is to be cohstructed according to the requirements and with the approval of the State Department of Water Resources, as provided by law. The construction of the reservoir shall be completed on or before August 31, 19641 provided, however, that the time for com- pletion may be extended to the extent that Orange District and Coastal District are prevented from completing the said construc- tion by war, act of God, and /or any other cause beyond their control. Suitable valves, meters and appurtenances for controlling and measuring the flow of water in and out of the.reservoir shall be provided as part of the reservoir construction. Metropolitan shall have the exclusive right and power to operate the reservoir and appurtenant works, in connection with its operation of the feeder, as provided herein. 8. As soon as the feeder, the reservoir, and the outlet pipe line and works referred to in paragraph 12 have been completed_and are ready for operation by Metropolitan, (a) Metro- politan may deliver up to 300 acre -feet of its water into the reservoir, to be held, used and replaced by it as it may require for regulation or other purposes, as provided herein, and (b) Orange District and Coastal District shall pay for and order from Metropolitan a total of 20700 acre -feet of water for storage in the reservoir by them, in proportionate quantities agreed. between them. As soon as it may do so thereafter under the pro- visions of the Metropolitan water District Act and of its rules 5 1� and regulations, Metropolitan will sell and deliver to Orange District and to Coastal District, separately, such quantity of water as is thus ordered by each of them for storage in the reservoir. such water will be so delivered from the feeder at the intake of the reservoir after payment therefor shall have been made to Metropolitan by Orange District and Coastal District, respectively, at the applicable rate then in effect for water sold and delivered by Metropolitan for municipal and domestic uses and purposes, and the water so sold and delivered into the reservoir shall become the property of the purchasing district, subject to the provisions of this agreement. 9. Metropolitan shall have the exclusive use of 300 acre -feet of the capacity of the reservoir and may deliver into storage, hold, withdraw, or replace water in such volume at any time without reference to orders from Orange District or Coastal District for the delivery of water to them into the reservoir, or for the withdrawal of water stored for them therein. When none of Metropolitan's water is in the reservoir and flaws through the feeder are not curtailed or suspended because of damage to the feeder system, Metropolitan may withdraw, in an emergency situation resulting from unforeseen operating conditions, any quantity up to 200 acre -feet of the water stored in the reservoir. Such borrowed water shall be deemed to have been loaned by Orange District and Coastal District in the proportions of the water then stored for them in the reservoir, and it shall be replaced by Metropolitan in such proportions as soon as possible. Metropolitan shall not be liable to Orange District or coastal J and regulations, Metropolitan will sell and deliver to Orange District and to Coastal District, separately, such quantity of water as is thus ordered by each of them for storage in the reservoir. such water will be so delivered from the feeder at the intake of the reservoir after payment therefor shall have been made to Metropolitan by Orange District and Coastal District, respectively, at the applicable rate then in effect for water sold and delivered by Metropolitan for municipal and domestic uses and purposes, and the water so sold and delivered into the reservoir shall become the property of the purchasing district, subject to the provisions of this agreement. 9. Metropolitan shall have the exclusive use of 300 acre -feet of the capacity of the reservoir and may deliver into storage, hold, withdraw, or replace water in such volume at any time without reference to orders from Orange District or Coastal District for the delivery of water to them into the reservoir, or for the withdrawal of water stored for them therein. When none of Metropolitan's water is in the reservoir and flaws through the feeder are not curtailed or suspended because of damage to the feeder system, Metropolitan may withdraw, in an emergency situation resulting from unforeseen operating conditions, any quantity up to 200 acre -feet of the water stored in the reservoir. Such borrowed water shall be deemed to have been loaned by Orange District and Coastal District in the proportions of the water then stored for them in the reservoir, and it shall be replaced by Metropolitan in such proportions as soon as possible. Metropolitan shall not be liable to Orange District or coastal i i L' District on account of any withdrawals of water stored for either of them, except to replace such water as soon as Metropolitan can. 10. In consideration (a) of the grant to Metropolitan of the exclusive use of 300 acre -feet of the storage capacity of the reservoir, (b) of Metropolitan's use of the said reservoir and of the water stored therein for regulation as provided herein, and (c) of the other covenants of this agreement, Metropolitan will at its expense operate and maintain the reservoir in a manner similar to the manner in which it operates and maintains reservoirs on its system, as nearly as may be appropriate, and in an efficient and orderly manner consistent with recognized engineering practices for the operation of waterworks facilities. Metropolitan shall operate the valves of the reservoir, control the input and output of water stored therein and record the quantities of water metered in and out. Water lost from the reservoir by evaporation shall be replaced by Metropolitan at its expense. 11. Metropolitan shall clean the reservoir when necessary for its operation and maintenance in good order and efficiency. Such cleaning shall take place at times when it can be anticipated that delivery of water from the reservoir can be suspended without detriment to the agencies served out of the reservoir. Metropolitan shall notify orange District and Coastal District not less than thirty (30) days before any such cleaning commences. Metropolitan shall, at its expense, replace any water stored by Orange District and Coastal District which is withdrawn by Metropolitan for a cleaning operation. i 12. The reservoir shall be connected to the feeder by a single outlet pipe line connected to valved works within the reservoir, in such a way that the usable storage capacity below the reservoir's spillway crest shall be not less than 3,000 acre -feet. Service connections for the delivery of water from the reservoir will be located on the feeder as provided in the Joint Powers Agreement, and there shall be no connections for the delivery of water directly from the reservoir. If at any time Metropolitan is unable to supply water from its system in quantities desired by Orange District and Coastal District, Orange District and Coastal District each may place orders with Metro- politan for the withdrawal of water stored in the reservoir for such respective district. Metropolitan shall deliver water in accordance with such orders or on a pro rata basis to the extent that the water then stored in the reservoir is available therefor. Metropolitan shall deliver an-equal quantity of water into storage As soon as it can to replace the water so withdrawn, and Orange District and Coastal District shall pay Metropolitan for such replacement water at the applicable rate then in effect, con - currently with their withdrawal orders. 13. Orange District and Coastal District agree, jointly and severally, to coordinate their orders for withdrawals of stored water so that no conflict will occur with respect to orders for water Co be delivered to agencies which have contracts with Orange District and orders for water.to be delivered to agencies which have,vohtracts with Coastal District.. r'� ' 8 +. 1 1 � . r'� 1 14. In the course of its maintenance and operation of the reservoir, Metropolitan shall make repairs to the reservoir and appurtenant works and equipment at its expense. Orange District and Coastal District, however, shall make or pay for replacements. For these purposes, any single item of work where the cost of labor, equipment, materials, and over- head is less than $25,000, as determined by Metropolitan, shall be deemed to be repairs, and any single item of work where the cost of labor, equipment, materials, and overhead is $250000 or more, as determined by Metropolitan, shall be deemed to be a replacement. Metropolitan may make any replacement, and upon the demand of Metropolitan, said Orange District -'and said Coastal District shall be jointly and severally obligated to pay the cost thereof to Metropolitan or at Metropolitan's option it may require Orange District and Coastal District to effect such replacement and those districts shall then be jointly and severally obligated to comply with such requirement. Whenever the cost of a replacement is $50,000 or more, written notice of the need for such replacement shall be given by Metropolitan to Orange District and Coastal District, which notice shall contain a detailed description of the replacement together with an estimate of the cost of same. Upon receipt of any such notice, Orange District and Coastal District shall have thirty (30) days in which to inspect the item to be replaced and to notify Metropolitan in writing that they either consent to the replace- ment or object to the replacement for reasons stated. Accounting by Metropolitan for repairs and replacements shall be similar to its accounting for similar projects on its system. 15. Metropolitan's obligations to effect a physical delivery of water into storage in the reservoir for Orange District and Coastal District, under paragraphs 8, 9, 11 and 12, or otherwise, are subject to the provisions of the Metropolitan Water District Act and to Metropolitan's ordinances, rules and regulations, to Metropolitan's possession and control of water to be so used, and to the capacity of Metropolitan's works to transport such water for such purposes. If on any account, in any instance, the transportation and delivery of Water into such storage is delayed, is not possible, or is 'interrupted or curtailed, Metropolitan shall not be liable. 16. This agreement is for a term of fifty (50) years. 17. The provisions of this agreement shall inure to the benefit of and be binding upon each of the parties and their successors and assigns. IN WI'T'NESS WHEREOF, the parties hereto have executed this agreement by their respective officers thereunto duly authorized, the day and year first hereinabove written. Attest: Executive Secretary Approved as to Form and Execution: THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA By General Manager and Chief Engineer "deneral tounsel, 10 r: Attest: Secretary Approved as to Form and Execution: Attorney Attest: Secretary Approved as to Form and Execution: Attorney ORANGE COUNTY MUNICIPAL WATER DISTRICT Sy President COASTAL MUNICIPAL WATER DISTRICT gy President A .. The foregoing agreement is hereby approved by the undersigned other parties to the Joint Powers Agreement referred to therein, and it is agreed that Metropolitan's expenses hereunder are not chargeable under the said Joint Powers Agreement. Attest: Clerk Approved as to Form and Execution: City Attorney Dated: Atteest: J 1 �W- / 6 A) �fk'tWi ERw Clerk of the Council Approved as to Form and /Execution: . cJ6 k. 45�lcJr /l City .attorney CITY OF ANAHEIM By. .4-. J. Mayor CITY OF SANTA ,ANA Mayor 12 i