HomeMy WebLinkAboutC-1787WATER RIGHT LICENSE AGREEMENT - RAYMOND BASIN
CITY CONTRACT NUMBER 17,660
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 Post Office Box 60021, Arcadia, California, 91066 -6021; herein after
referred to individually as "Party" and collectively as "Parties ".
RECITALS
The Agreement is made with reference to the following facts, among others:
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 intends to lease 9,000 acre -feet of its allocated groundwater
storage capacity to Pasadena at $3.00 per acre -foot commencing July 1,
2000 and ending June 30, 2001. This additional groundwater storage
capacity is required by Pasadena to store some of the existing
groundwater.
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 intends to enter into a water right license agreement with
Arcadia on the terms and conditions set forth in this Agreement.
4. The purpose of this Agreement is to document the terms and conditions
of the groundwater storage between Pasadena and Arcadia.
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, 2001.
2. GROUNDWATER STORAGE CAPACITY LEASE.
2.1 Arcadia hereby grants Pasadena a license to utilize 9,000 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, 2000 and continuing to and
including June 30, 2001.
2.2 Pasadena shall exercise said right and utilize 9,000 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
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.: PASA -ARCD
/01 /01 /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 period of
this Agreement as provided in said Long Term Storage policies.
2.6 Arcadia warrants that it has 9,000 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 9,000 acre -feet during the period of this License.
3. PAYMENT.
In consideration of the groundwater storage capacity set forth in Section 2 of this Agreement,
Pasadena shall pay Arcadia twenty -seven thousand dollars ($27,000) 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:— 6.0A(
By: JA
William R. Kelly
City Manager
ATTEST:
We D. Alfred
City Clerk
FA 11 = LOB 041 1 k I
Ste6en P. Dietsch
City Attorney
CITY OF PASADENA
DATED:
By
Cynthia J. Kurtz
City Manager
ATTEST: (J')-1'
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Jane Rodriguez
C ity Clerk
APPROVED AS TO FORM
96ott D. Rasmussen
Assistant City Attorney