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HomeMy WebLinkAboutC-1043 - Addendum agreement regarding transfer by The Irvine Company of four (4) acres for water storm capture2 3 4J 5i 6 7, 9 10 11 12 ' eswport t � THIS ADDEWDuM AG made �► L day o€ �, 1965s, 3;�; . :. by and between dtTY OF NSriPOwv' $,NCH, a mmiaipal -Cofpori ation, (here in referred to as "Newport Beach"), THE IRVINE 'S a West Vir- biniii,aorporation out hori"d to do business in the State of Califor- nia, Nireinafter called "man " y ),, and IRVIB6 RANCA ietATER DISTRIC! a California Water District organized and existing,under the Cali - fornis Water 0"irict Law (herein referred to ae; ~Irvine District ")y 0RA1 ..COUNTY Mmit'X AI, WATft- DISTRICT , and COASTAL M MICIFAL WATER DISTRICt. each of which is a municipal waW district formed under the Municipal Wetter District Act of 1911 (herein referred to as f- K 13 "Orange County District" and "Coastal District "), respectively, 14 COSTA JMSA C00NTY WATER DISTRICT, a public district. t#eated by spa- 15 cial act of the legislature and subject to the provisions of the Cal 16 fprnia County Water District Law (herein referred to as "Hotta Me" 17 District"), and CITY OF HUNTINGTON BEACH, a municipal corporation 18 organized and existing pursuant to the Constitution and Laws of the 19 State of California (herein referred to as "Huntington Beach"). 20 21 W I TRAISATH.? 22., WHEREAS, The Irvine Company, a corporation organized un 23, der the laws of the State of West Virginia (herein referred to as 24 "Company'), by Grant Deed dated November 2, 1962, recorded Novea- 2511 bar 14, 1962 in Boots 6322, page 709 of Official Records in the of- h 26 face of the County Recorder of Orange County, California, conveyed �f 27I to Irvine District certain real property in the County of Ora»g4, . 28 State of California, therein described, subject to the express 29 condition subsequent that Irvine District 'would constsuct upon 30 part of the land conveyed a reservoir, and thereafter cause the same to be operated and maintained for.tbe benefit of tho -Co Wday 321111 antl Irvine Dtatrict and others; and in said Deed the Company w O. GOADON , iYAT LAW 15 NATIONAL ,YLDING i . - '4DWAYI .. ..._IWF- _.ORHlzi6 ... .. ._... � tee.. �. �..,.. .... - .._.. Y. ..-.. a`c _.. _.. ,. � . ,... .. 1 1 2 3 4_ 5 6 7 8 9 10 11 12 13 14 15 16 171 18 19 20 21 22 23 24 25 26 27 28 29 30 31 reserved to itself and its suee"gers and assigns one hundrik'( ) acre feet of storage ca city A*.aaid reservoir; and K+r t+1t72=8, said reservoir is now being constructed. pursuant to the conditions set forth in said Deed, and if and vhaw-�4=lw , pletod, the maintenance, operation and repair of said reservoir shall be performed by The Xelropolitan Water District of Southern California, a metropoliten.vater district formed undgir the Metro- politan Water District Act of the State of California, puroWt, to two (R) agreements dated April 4,1962, the first of whirl a entered into by said The Metropolitan mater District of Souther£ 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 Irvtae District (herein referred to as "Supplelatery Reservoir Agreement "). Reference to each of said agreements is, made for further particulars; and WHEREAS, the parties to said Supplementary Reservoir Ageeemaent 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 fast of water storage capacity therein, subject to the conditions not 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 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 con- 32" dition of said conveyance and in consideration of the mutual WINTHROP O. GORDON �4 ATTORNEY AT LAW II' OR3 CITIZENS NATIONAL 2 BANK BUILDING i . 9O0 N. BROADWAY SANTA ANA, CALIFORNIA .- KIMBERLY 7-2543 v, 1 2 3 4, 5 6 7 8 9 10 11 13 14 15 16� 17 18 19 20 21 22! 23 24 25 26 27 28 29 30 31 32 WINTHROP O. GORDON 11 ATTORNEY AT LAW 923 CITIZENS NATIONAL BANK BUILDING I' 900N.BROADWAY: BANTA ANA. CALIFORNIAIJ KIMBERLY 7 -2842 covenants herek: contained, the parties to this Addendum Agreement hereby agree as follo".1 Section 1. Newport Beach as the holder of said storage capacity right in said reservoir pursuant to the conveyance there- of as aforesaid hereby agreaes to become, and by the execution of this Addendum Agreement does become, a party to the said agk6am mt between said Orange county District and Coastal District and Irvine District referred to herein as the Supplementary Resexaair Agree- meet 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 Wae- ment. Section 3. 2dewport Beach further agrees that as t%e 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 Supple tyry 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 wabr to be withdrawn from said reservoir pursuant to said paragraph 8, 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 sub- ject to the provisions of said Sections. 3. l 3 4 5 6 7 8 9 10 11 12 13 14 15 16 OVA 18 19! 201 2 221 23 24 25 26 C' 0 Section 5. All dame*" 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 bwn given to Newport Beach rerun deposited in the United States mail, postage prepaid, and addro*W to Newport Beach at the address hereinbelow set foi:th, and with an allowance of 43 hours for de- livery: 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 su::cessora 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 sama. CITY OF NEWPORT BEACH By ATTEST. VMyor yce1T"` Approved as to form and execution torney THE IRVINE C014PANY I By� 27 iI ATTZST: FPres t 29 I Secretary 30.I Approved as tSY'form and execution 31 l !� 32 Attorney it WMTNRODO.GOROON ATTORNEY AT LAW /. 9II3 CITIZENS NATIONAL I� Y . BANK BUILDING DOO N. BROADWAY SANTA ANA, GALIFORNIAIi IMBERLY 7 -2543 1 IRVINEE RA`MCR WATER DI$MOM 2 ATTESTf �ecre�an 4 Approved as to form and execution 6 Attorney ::_ 7 ORANGET!' MDNI IP L,iiA'dt DISTRICT f /7.. 8 ATTEST. ; By cting President yeCr® 10 �pp�rved a. to1for�_a�execuGtion - �.:. 12 tt ey –` 1.3 COASTAL MUUN L WA- TER — DISTRICT 14 A7T:: President ig .15 earetary 16 Approved as to . form and "ution 17 y 18 i .��Atto 19 � COSTA MESA COUNTY WATER DIST2iC`T 20 ATTEST' By President:. 21 1 221 Approved a8 -t ©rm nd execution 23 24 tt eq ii 25 CITY OF HUFfINGTON BEACH 26 ATTEST; By 6 11 mayor M 27 amity r y` 28 Approveped es to f and execution 29 � 30 ;� 1L- torn 31 'j' i 32 ] WINTHROP O' GORDON ATTORNEY AT LAW [ 929 CIT6EN5 NATIONAL .� I ]i BANK BUILDING 800 N. BROADWAY SANTA ANA. CALIFORNIAII i 1 2 3 4 5 6 7 8 9 10 111 12 1311 141 151 16 17. 18! 191 2011 211 22 231, 241 25 26 27 28 29 30 31 3211 WINTHROP O. GORDON ATTORNEY AT LAW Ii 023 CITIZENS NATIONAL BANK BUILDING 800 N. BROADWAY SANTA ANA. GALIFORNIAi KIMBERLY 7.2543 N 0 40 RESOLUTION NrQ. 411 BE IT RESOLVED by the Board of Directors of Orange County Municipal Water District that the appropriate officers of this Dis- trict be and they are authorized to enter into an Addendum Agree- ment re transfer by Th irvine Company to the City of Newport Beach of 4 acre feet of water storage capacity in the reservoir substantially in the form of agreement submitted to this meeting. ing vote: Said resolution was adopted, on roll call, by the follow- AYES: Directors Hollis, Johes, Price, Allen NOES: Directors McColloch ABSENT: Directors STATE OF CALIFORNIA ) SS. COUNTY OF ORANGE ) I, T. S. MADDOCK, do hereby certify and declare that I am the Secretary of the Board of Directors of Orange County Municipal Wa- ter District and make this certificate in that capacity. I further certify and declare that on the 17th day of March, 1965, at a regu- lar meeting of the Board of Directors of Orange County Municipal Wa- ter District, held in the Conference Room, Boyle Engineering 412 South Lyon Street, in the City of Santa Ana, County of Orange, State of California, Resolution No. 411 of the Board of Directors of said District wasduly and regularly passed and adopted, and that the fore going is a full, true and correct copy of said resolution. DATED, This 17tk day of Mornk , 1965. Secretary of e Board of D ectors og Orange County Municipal Water District. is i; i 1, ii 2[111 3111 I 5 I; 6 I 711 8 I! 101111 1111! 12 13 14 15 16; 17 1811I 11 Is 19! 20 21 22 23 24 2511 26! 27 it 28 2911 30 li 31 1111 i 32.; uw ovFlccs on RIKEL. HARVEY& !i HELSING FOURTH FLOOR 1010 NORTH MAIN ST, SANTA ANA. CALIFORNIA 92701 0 0 RESOLUTION NO. 5ja BE IT RESOLVED by the Board of Directors of COASTAL MUNICIPAL WATER DISTRICT that the appropriate officers of this District be and they are authorized to enter into an Addendum Agreement pertaining to transfer by The Irvine Company to the City of Newport Beach of 4 acre feet of water storage capacity in the reservoir substantially in the form of agreement sub- mitted to this meeting. Said resolution was adopted, on roll call, by the following vote: AYES: Directors NOES: Directors ABSENT: Directors STATE OF CALIFORNIA ) County of Orange ) ss. Avis, PATRJCK , RE RS, TURNER ANU PATTERSON NOME I, BESSIE C. BRISCOE, do hereby certify and declare that I am the Secretary of the Board of Directors of Coastal Municipal Water District and make this certificate in that capacity. I further certify and declare that on the 14th day of April, 11966, at a regular meeting of the Board of Directors of Coastal Municipal Water District, held in the Board meeting room, Laguna Beach County Water District Building, in the City d Laguna Beach, County of Orange, State of California, Resolution No. 580 of the Board of Directors of said District was duly and regularly passed and adopted, and that the foregoing is a full, true and correct copy of said resolution. DATED this 14th day of April, 1966. Secretary of the Board of Directors of Coastal ',Municipal Water District 0 • UM RAD WAIR DISTRICT POST OFFICE BOX DI IRVINE. CALIFORNIA 92664 July 11, 1966 City of Newport Beach 3300 Newport Blvd. Newport Beach, California Gentlemen: Enclosed herewith is a fully executed copy of the Addendum Agreement (Newport Beach) wherein The Irvine Company has transferred four (4) acre feet of storage capacity to Newport Beach and Newport Beach has accordingly assumed liability for same. Very truly yours, William H. Epping6ff General Manager WHE:dt Enc.: 1 Addendum Agreement s 1 A REM=I014 OF To CM C0=1L OF T#ti LITT OF MEAcaa AUTfiOMING TM MMUTION OF AN 3 WFENUS, -m Julys 27, 1964 the City Caaaacil ad"ted 4 Resolution No. aW13 approving the aXeeutiOD of a eaartafn e►greement 5 entitled "Addend= Agr l--p eat (Newport sBeacb)" between the City of 6 Newport Beach, the Irvine Reach dater District, then Orange County 7 Municipal Water District, cae Coaeetal Eiunitipel water District, 8 the costs me" county water ifists iet and the city of Huntington 9 heaab, aad 10 , a&ici agreement be$ been revised to add The 11 Irvine Company (a West Virgixti.a corporation authoriz *d to do 12 business in tree State of CVaitib nnia) as a party to said aigreeessent; 13 end 14 WHSRM, the City Council has reviewed said revised 15 agreement and bas determined that its &Ww al would be in the 16 interests of the City; 17 * TMWFMI, BE IT ASMVW that said agreement, 18 entitled "Ae4eadva Agre nt (Newport Beams)% as reviseed to 19 include The irviw Company an a party to the agreeemmt is apgas:cavee 20 and the Payor and City Cuwk axe anthar3.sied end directed to Sze - 21 cute the same on behalf of the City. 22 ADUrM this 111hday of ���h � i➢GS. 23 24 x 1 Kayor 25 ATTRST% 26 27 28 29 30 31 32 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF NEWPORT BEACH) I, MARGERY SCHROUDER, City Clerk of the City of Newport Beach, California, do hereby certify that according to the records of the City of Newport Beach filed and maintained in my office, the foregoing Resolution No. 6317 was duly and regularly adopted, passed, and approved by the City Council of the City of Newport Beach, California, at 'a regular meeting of said City.Council held at the regular meeting place thereof, on the 14th day of March 19 66 by the following vote, to wit: AYES, COUNCILMEN: Parsons, Marshall, Elder, Gruber, Cook. Foreit. Shelton NOES, COUNCILMEN: hone ABSENT, COUNCILMEN: None Dated this 23rd day of March 1966 Al � r City Clerk and f*- Officio Clerk -ofof City Council, City of Newport,Beae -1 State of California. 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 �nw.a aoaooa vozr wt uw -`M awnorut �bwo ` ♦wr 9I. oaMu ADDENDUM AGREEMENT (Newport Beach) THIS ADDENDUM AGREEMENT made this ..5� day of 1965, by and between CITY OF NEWPORT BEACH, a municipal corporation, (here- in referred to as "Newport Beach'), THE IRVINE COMPANY, a West Vir- ginia corporation authorized to do business in the State of Califor- nia, (hereinafter called 'Company"), and IRVINE RANCH WATER DISTRICT a California Water District organized and existing under the Cali- fornia 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 spe- cial act of the legislature and subject to the provisions of the Cal' fornia 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 "Huntipgton Beach "`). -W •I T N E S S E T H WHEREAS, The Irvine Company, a corporation organized un- der the laws of the State. of West Virginia (herein referred to as "Company"), by Grant Deed dated November 2, 1962, recorded Novem- ber 14, 1962 in Book 6322, page 709 of Official Records in the of- fice of the County Recorder of Orange Countya, 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 same to be operated and maintained for the benefit of the Company and Irvine District and.others; and in said Deed the Company 1. 1 2 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 29 30 311 32 WINTNR P0.CORDON ATTORNRT AT uw 9= OITIIRNt NAWONAL RANK ROILOINO 9" N. RROAOWAT SANTA ANA. CALI"RNIA j KINRRRLT 7.1543 (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 Ito the conditions set forth in said Deed, and if and when com- pleted, the maintenance, operation and repair of said reservoir shall be performed by The Metropolitan Water District of Southern JCalifornia, a metropolitan water district formed under the Metro- politan 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 JReservoir Agreement "). 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 (land conveyed to Newport Beach out of its reserved one hundred (100) lacre feet of storage capacity in said reservoir four (4) acre feet 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 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 :tha last mentioned con- dition of said conveyance and.in consideration of the mutual 2. A. 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 29 30 31 32 YYIM WPaGOXMM1 AYYOMM{Y AT "W eO CRIUNo "TONAL "RIf vull lmq W N. 811OAOWAY SANTA AMA. GLIIOMMM KIMNf4LT 7.2048 7� 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 conveyance there- of 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 Supplementary Reservoir Agree- ment 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 Agree- I ment. 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, 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) above, and that its right to use its.storage capacity rights in said reservoir is sub- ject to the provisions of said Sections.. 3.. . .slx� `mi':Sam _: !v, ..... -�. �...M L� •'::� �' in�6i ;4'^:itl�3�ie77.aafk�GTliYi ^�i� �.�i..... a� 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 28 29 30 31 32 WMN ROF 0. OORDON AT RNRY AT uW •RR CRIUMR IUTIOKAL RANK OUIWINO *W N. RROADWAT SANTA ANA. CAUMfRNM KIMRRRGT 7.2303 t. 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 de- livery 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 ATTEST: or )City ooClerk Approved as to form and execution ttorney THE IRVINE COMPANY ATTEST: VICE President ., �......_.e.._�.�.... .. ... <�e...�.,: _:�:. ...,. ,: ...���......3'�`t.,ma., _ ...t. ,.,_ ' -._ -. ;'•'me:5e�' �°R aar+s�.r_,...+L S 1 IRVINE RANCH WATER DISTRICT G!/ 2 ATTEST: By 1 /� . �AA' / Pres ent 3 Secretaty 4 Approved as to form and execution'. . 6 ttorney ry ORANGE CO MUNICIPAL WATER DISTRICT 8 ATTEST: By 9� Acting Presi ent Secretary 10 1 oved� a� rm and ecution 12 torney 13 COASTAL MUNICIPAL WATER DISTRICT ' 14 ATTEST: By President 15 Secretary 16 Approved as to form and execution 17 I 18 Attorney 19 COSTA MESA COUNTY WATER DISTRICT 20 ATTEST: By 21 President - 22 Secretary 23 Approved as to form and execution . 32 wiNrnRO.a CORDON .. + � . ATIORNRT AT LAN e" cR13[Ns NATIONAL 0ANR RYILOINO 5. MO N. RROAOWAT - SANTA ANA. GLIIORNIA KIKRRRLY 7 -4043 27 28 29 :50 31 32 WINTHROP O. GORDON ATTORNEY AT LAW 928 CITIZENS NATIONAL BANK BUILDING 900 N. BROADWAY BANTA ANA. CALIFORNIA KIMBERLY 7 -2549 J _ Ft 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 29 30 31 32 6317 �► i a 0 .u°TT iic 17 TO CITY CtIG,'# 11, Or TIM CITY OF WAD.hAS, on Juty 27, 1$64 the City council aadepted I , 'd Kesolation No. 6023 approving tb1r #xecssti%m of as rtertain apeowmt eatAtled ` Addeadue, Agreement (NeWp"t t4cactt)" bfttWM toot City N#VPwt $eac. , the Irvine Ranch itatex District, the onmw COMO to =ieipal Water Ustrict, the Coastal Wiwaia:ipal water %strict, the testa X438 C-atmLy UstAer 8iatri €t and the City of sntungto n leach; aa4 WWaS, saidagressowt, has beam reprised to add The Irvine Q084m y (s hest ViR&Inias torposatfiion, autwMized to do business In the State of Califor ia) as a Party to said matt wwMWO the City mil bas reviewed said revised agrommist and toss deed tbst its approval would be in the interests of the city; , TinUVRE& At IT UMLVO tbAt said sgraattsnt, entitled R Aaarewant (Nwpwt Seach) ", as revised to include The Irvine Company as a party for the aereemat Is appa" and the Ryon and City Clark sore suthwised and directed to eaaa- cute the sam an behalf of the City. ADOPTED this 14th of March � 9 1%6. lK ATTEST: CITY t1aft 0 March 28, 1966 Irvine Ranch Water District Post Office Bo}: D 1 Irvine, California 92664 Attention: William H. Eppinger General Manager Dear Mr. Eppinger: :Inclosed are the original and two copies of the Addendum Agreement (Newport Beach) referred to in our letter of February 24, 1966, together with three certified copies of Resolution No. 6317 of the Newport Beach City Council authorizing the execution of the agreement on behalf of the City. The agreement has been executed by the City as requested and is returned to you to obtain its execution by Coastal Municipal Water District, Costa Mesa County Water District, and the City of Hunting- ton Beach. Thereafter, one fully - executed copy should be returned to us for the City. THS:mec Encs. Yours very truly, Tully H. Seymour City Attorney cc - Margery Schrouder, City Clerk ./ OF BUN, 1l`! i IR INt RANCH WA R 0I 1RU POST OFFICE BOX DI IRVINE, CALIFORNIA 92664 March 28, .1 Orange County Municipal Slater District P. 0. Box 19b2 Santa Ana, California 92702 and Coastal Municipal Water District P. 0. Box 913 Laguna Beach, California Gentlemen: '// -�6 r a, RECEIVED CM CLERK Mk.R 2 `,, 19660" CITY OF .NEWPORT BEAC14 � In the reservoir agreement between Metropolitan Water District., Orange County Municipal Water District and Coastal Municipal Water District, dated April 49 1962, It is stated that a reservoir with a usuable capacity of 3,000 acre -feet will be constructed without expense to Metropolitan and in a !manner satisfactory to it. It Is further stated that Metropolitan will at its expense operate and maintain the reservoir in a manner similar to the manner in which it operates and maintains reservoirs In 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 and in the course of such maintenance and operation shall make repairs to the reservoir and ap- purtenant works and equipment at its expense, repairs being defined as any single item of work where the cost of labor, equipment, materials and overhead is less than $25,000, as determined by Metropolitan. The reservoir has been completed in accordance with the specification and has been accepted by the Irvine Ranch Water District, Notice of Completion having been filed on March 14, 1966. Metropolitan began delivery of water to the reservoir on March 2, 1966, for operational testing and has been using the reservoir since that date. Metro- politan has stated that operationally the reservoir is acceptable but is reluctant to certify acceptance for maintenance because of the possible hazard existent above the storm drain channel and perimeter road and continuing expense contemplated in maintaining the slopes. Metro- politan states that it was anticipated that only normal Y -I V'4 N,? Ll Page 2. ground maintenance would be required and that slopes would be required and that slopes would be either flat enough to avoid future problems or would be sufficiently channeled to protect the siopes.from excessive erosion. Corrective measures are requested by Aktropolitan before acceptance will be made. It is therefore recommended that the aforementioned agreement be amended to provide that Orange District and Coastal District assume the responsibility for repairs to the grounds surrounding the reservoir and lying above the storm drain channel and perimeter road. Amendment of the Supplementary Reservoir Agreement dated April 4, 1962, between Orange County Municipal Water District, Coastal Municipal Water District and Irvine Ranch Water District would be required to place the liability for such repairs on the Irvine Ranch Water District. Inasmuch as San Joaquin Reservoir has been accepted by the Irvine Ranch Water District, has had water delivered to it for operational testing and has been and is now being operated by Metropolitan it is requested that Orange County Municipal Water•and Coastal Municipal Water Districts request the Metropolitan Water District to evidence that San Joaquin Reservoir is ready to receive water. Upon receipt of notification that Metropolitan is ready to receive water in the reservoir for the benefit of those holding capacity Irvine will be in a position to so notify such parties that have contracted with Irvine for capacity. Your prompt attention to this matter will be deeply appreciated. Very truly yours, liz'u:G -/gym, William H. Eppinger General Manager WHE:t Copies to Metropolitan Water District Costa Mesa County Water District City of Huntington Beach The Irvine Company i City of Newport Beach a: y hs' 1 r ;�l t it P ti' U_ e cn � P x a O m Z O U 0 4 C_ u N �y C 0 Z C] O C F O U 4+ (Md M W o 9. +J U y F N F r"� (301. 44 lU N aj Oxz F 00 4J 4J MM(id c)or,z F d A O F 7 R. F 0 O M Y 41 N a If March 23.'1966 City Attorne =° City Clerk Conveyance,of four 4et of stora`h►• $an Joaquiaf Servoir Attached are three certified copies of Resolution:*4. 6317 and three copies of Addendum Agreement. is accordance *41i your memorandum of March 10. } Margery Schrouder City Clerk_ By Deputy - lerk lcl 0 CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT March 10, 1966 To: City Clerk From: City Attorney 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. 2. Three copies or an Addendum Agreement (Newport Beach). 3. A resolution of the City Council authorizing execution of the Addendum Agreement (Newport Beach). Three copies of the Addendum Agreement should be executed by you and the Mayor and returned to this office, together with three certified copies of the resolution authoring its execution. Tull. Seym City ttorney THS :aem Encs. cc - City Manager Public Works Director To: From: Subject: CITY OF NEWPORT BEACH CITY ATTORNEY D P ROM E NT March 10, 1966 The Honorable Mayor and Members of the City Council City Attorney Addendum agreement re City's storage capacity rights in San Joaquin Reservoir On July 27, 1964 the City Council accepted a conveyance of a stor- age capacity right to four (4) acre feet of water in the San Joaquin Reservoir. The storage capacity right was conveyed to the City sub- ject to the condition that the City would execute an addendum agree- ment which in substance provides as follows: 1. At the time the San Joaquin Reservoir is ready to receive water the City will pay to the Orange County Municipal Water District and the Coastal Municipal Water District the City's proportionate share of the cost of filling the reservoir; e.g., the cost attribut- able to the City's four (4) acre feet of storage capacity. 2. All orders for withdrawal of water from the reservoir by the City will be placed through the Coastal Municipal Water District. 3. As a condition of withdrawing water from the reservoir, the City will pay the replacement cost of the water to Coastal Municipal Water District. The addendum agreement was approved by the City Council on July 27, 1964 at the same meeting that it accepted the conveyance of the storage capacity right from The Irvine Company. The other parties to the agreement are: The Irvine Ranch Water District, The Orange County Municipal Water District, The Costa Mesa,County'Water District, and the City of Huntington Beach. The Irvine Company was not included as a party to the addendum agreement. Mr. Winthrop 0. Gordon, attorney for The Orange County Water District, has requested that The Irvine Company be made a party to the agree- ment and he has prepared a revised agreement adding The Irvine Company as a party, but has made no other changes. F To; The Honorable Mayor and March 10, 1966 Members of the City Council 2. Mr. William Eppinger, General Manager of The Irvine Ranch Water District, has forwarded the revised agreement to us with a request that it be presented to the City Council for approval. I have reviewed the revised agreement and recommend its approval. Tullyeym Citme � THS;aem To: From: Subject-, 0 • CITY OF NEWPORT BEACH CITY ATTORNEY DEPARTMENT March 10, 1966 The Honorable Mayor and Members of the City Council City Attorney Addendum agreement re City's storage capacity rights in San Joaquin Reservoir On July 27, 1964 the City Council accepted a conveyance of a stor- age capacity right to four (4) acre feet of water in the San Joaquin Reservoir. The storage capacity right was conveyed to the City sub- ject to the condition that the City would execute an addendum agree- ment which in substance provides as follows: 1. At the time the San Joaquin Reservoir is ready to receive water the City will pay to the Orange County Municipal Water District and the Coastal Municipal Water District the City's proportionate share of the cost of filling the reservoir; e.g., the cost attribut- able to the City's four (4) acre feet of storage capacity. 2. All orders for withdrawal of water from the reservoir by the City will be placed through the Coastal Municipal Water District. 3. As a condition of withdrawing water from the reservoir, the City will pay the replacement cost of the water to Coastal Municipal Water District. The addendum agreement was approved by the City Council on July 27, 1964 at the same meeting that it accepted the conveyance of the storage capacity right from The Irvine Companyb The other parties to the agreement are: The Irvine Ranch Water District, The Orange County Municipal Water District, The Costa Mesa.County'Water District, and the City of Huntington Beach. The Irvine Company was not included as a party to the addendum agreement. Mr. Winthrop 0. Gordon, attorney for The Orange County Water District, has requested that The Irvine Company be made a party to the agree- ment and he has prepared a revised agreement adding The Irvine Company as a.party, but has made no other changes. A A �v To: The Honorable Mayor and March 10, 1966 Members of the City Council 2. Mr. William Eppinger, General Manager of The Irvine Ranch Water District, has forwarded the revised agreement to us with a request that it be presented to the City Council for approval. I have reviewed the revised agreement and recommend its approval. Tull A tonne � City A tome THS:aem