Loading...
HomeMy WebLinkAboutC-2175a WATER RIGHT LICENSE AGREEMENT - RAYMOND BASIN CITY CONTRACT NUMBER 18 , 866 The parties to this Agreement are: the CITY OF PASADENA ('Pasadena ") a charter city duly incorporated under the laws of the State of California, and City of Arcadia ( "Arcadia "), a charter city duly incorporated under the laws of the State of California, with a principal place of business located at 11800 Goldring Road, Arcadia, California, 91006; herein after referred to individually as 'Party" and collectively as "Parties ". RECITALS The Agreement is made with reference to the following facts, among others: 1. The Parties are water purveyors. The Parties have water rights in the Raymond Basin, which Pasadena overlies. The basin is comprised of three sub- basins: Monk Hill, Pasadena, and Santa Anita. 2. Arcadia desires to lease 6,300 acre -feet of its allocated groundwater storage capacity to Pasadena at three dollars ($3.00) per acre -foot commencing July 1, 2004 and ending June 30, 2005. 3. Resolution Number 3188 of the Pasadena City Council authorizes the City Manager to purchase water right licenses from persons owning water rights in the Raymond Basin on an as needed basis. Using the authorization provided under the provisions of said Resolution, the City Manager desires to enter into a water right license agreement with Arcadia on the terms and conditions set forth in this Agreement. AGREEMENT In consideration of the facts recited above and the terms, mutual covenants and conditions herein, the Parties agree as follows: 1. EFFECTIVE DATE AND TERM. This Agreement shall become effective upon the later of the two signatures appearing in Section 4 and shall expire at midnight on June 30, 2005. Page 1 of 3 2. GROUNDWATER STORAGE CAPACITY LEASE. 2.1 Arcadia hereby grants Pasadena a license to utilize 6,300 acre -feet of groundwater storage capacity out of Arcadia's "Allocated Groundwater Storage Capacity (17,000 acre - feet)," in the Pasadena Sub - basin, under and pursuant to the Long Term Storage policies adopted by the Raymond Basin Management Board on October 7, 1992 and March 10, 1993, during the period commencing July 1, 2004 and continuing to and including June 30, 2005. 2.2 Pasadena shall exercise said right and utilize 6,300 acre -feet of groundwater storage capacity out of Arcadia's maximum allowable storage capacity during the period specified above, and Pasadena shall not, by the exercise hereunder of said right, acquire any right to storage independent of the rights of Arcadia. 2.3 Pasadena shall provide the Raymond Basin Management Board with any required findings and /or notices relating to Pasadena's lease of groundwater storage space. 2.4 Pasadena shall note, in any recording of water storage for the period of this Agreement that said groundwater storage space was leased pursuant to this Agreement. The Parties shall identify the groundwater storage capacity granted pursuant to this Agreement as Lease No.: ARCD -PASA 01 /05 /LTS. 2.5 Pasadena's "Allocated Groundwater Storage" amount shall be increased by the amount leased from Arcadia and Arcadia's "Allocated Groundwater Storage" amount shall be decreased by the amount leased to Pasadena when computing maximum allowable storage for the period of this Agreement as provided in said Long Term Storage policies. 2.6 Arcadia warrants that it has 6,300 acre -feet of unused groundwater storage capacity in the Pasadena Subarea of the Raymond Basin. 2.7 Arcadia shall not utilize, permit, or license any other person to utilize any part of said 6,300 acre -feet during the period of this License. 2.8 Pasadena shall have absolute control at anytime during the term of this Agreement to produce, without notice to Arcadia, all, a portion, or none of the groundwater that Pasadena stores in Arcadia's groundwater storage account. Such condition is contingent upon Pasadena exercising its right to utilize Arcadia's groundwater storage for storing up to and including 6,300 acre -feet of Pasadena's groundwater. Page 2 of 3 3. PAYMENT. In consideration of the groundwater storage capacity set forth in Section 2 of this Agreement, Pasadena shall pay Arcadia eighteen thousand nine hundred dollars ($18,900) within thirty (30) days after the date of this Agreement. 4. AUTHORIZED SIGNATURES. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below. CITY OF ARCADIA DATED: 1 ?" u By: William R. Kelly City Manager ATTEST: Vida Tolman ,-Deputy City Clerk/Records Manager APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Page 3 of 3 CITY OF PASADENA DATED: By: Cynthia J. rtz City Man ger ATTEST -. ' Jane R46riGAz City Clerk APPROVED AS TO FORM: tt D. Rasmussen Assistant City Attorney July 13, 2005 S+° �l. . 1: AO i4.mv/�Jl Z`t RATEO QD" PA5A DCNA WATER AND POW 1.1t Mr. Anthony Zampiello Executive Officer Raymond Basin Management Board 725 North Azusa Azusa, California 91702 f3e�4F K � u Subject: Groundwater Storage Lease Agreement between the City of Arcadia (Arcadia) and the City of Pasadena (Pasadena) ARCD -PASA 01 105 /LTS Dear Mr. Zampiello: Pursuant to the subject agreement, we hereby notify the Raymond Basin Management Board that Arcadia has granted Pasadena the right to utilize 6,300 acre -feet of groundwater storage capacity out of their respective "Allocated Groundwater Storage Capacity" in the Pasadena Subarea of the Raymond Basin. In accordance with the subject agreement, please execute the following: Increase Pasadena's maximum allowable storage in the Pasadena Subarea by 6,300 acre -feet, and decrease Arcadia's maximum allowable storage in the Pasadena Subarea by 6,300 acre -feet when computing the maximum allowable storage during the period starting July 1, 2004 io June 30, 2005. I have attached a copy of the agreement for your records. If you have any questions or comments, please call me at (626) 744 -4486. Sincerely, Roumiana Karakanova Associate Engineer RK /hs Attachment c: Susannah Turney, City of Arcadia 150 S. Los Rob /es Avenue • Salle 2011 • Pasadena, GA 91 101 July 15, 2005 F-1 �OF PAgq� r 7 z o O 0 O �'QATEO ,Jr PASADENA WATER AND POWER Ms. Susannah Turney Environmental Services Officer Public Works Services Department City of Arcadia 11800 Goldring Road Arcadia, CA 91006 M Subject: FY 2005 Groundwater Storage Lease Agreement ARCD -PASA 01 105 /LTS Dear Ms. Turney: Enclosed for your records is the fully executed original contract for the above subject agreement. I have directed the City of Pasadena's Finance Department to remit payment in the amount of $18,900 payable to the City of Arcadia. The check will be sent to your attention at the above address. I thank both you and the City of Arcadia for doing business with the City of Pasadena and look forward to many more years of similar business arrangements. If you have any questions, I can be reached at (626) 7444486 or by e-mail at rkarakanovaacitvofpasadena. net. Sincerely, Roumiana Karakanova Associate Engineer RK/hs Attachments 150 S. Los Robles Avenue • Suite 200 • Pasadena, CA 91101