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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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..
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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
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