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HomeMy WebLinkAboutC-1767WATER RIGHT LICENSE AGREEMENT - RAYMOND BASIN CITY CONTRACT NUMBER 17,970 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 8,600 acre -feet of its allocated groundwater storage capacity to Pasadena at $3.00 per acre -foot commencing July 1, 2001 and ending June 30, 2002. 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, 2002. 2. GROUNDWATER STORAGE CAPACITY LEASE. 2.1 Arcadia hereby grants Pasadena a license to utilize 8,600 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, 2001 and continuing to and including June 30, 2002. 2.2 Pasadena shall exercise said right and utilize 8,600 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 / 02/ 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 8,600 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 8,600 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 ($25,800) 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: q44`- By: William R. Kelly City Manager ATTEST: ,Dune D. Alford City Clerk CITY OF PASADENA P01 By: f Z, it Cynthi J. Kurtz City Manager ATTEST: 0'+-7 -- J Rodriguez Clerk'" APPROVED AS TO FORM `oI' %IGLU ott D. Rasmussen Assistant City Attorney