HomeMy WebLinkAboutC-1975WATER RIGHT LICENSE AGREEMENT - RAYMOND BASIN
CITY CONTRACT NUMBER 18,542
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:
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 8,200 acre -feet of its allocated groundwater storage
capacity to Pasadena at three dollars ($3.00) per acre -foot commencing July 1,
2003 and ending June 30, 2004.
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:
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, 2004.
Page 1 of 3
2. GROUNDWATER STORAGE CAPACITY LEASE.
2.1 Arcadia hereby grants Pasadena a license to utilize 8,200 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, 2003 and continuing to and
including June 30, 2004.
2.2 Pasadena shall exercise said right and utilize 8,200 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 /04 /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 8,200 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 8,200 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 8,200 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 twenty -four
thousand six hundred dollars ($24,600) 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: &''004
By: WMA
William R. Kelly
City Manager
Vida Tolman
Deputy City Clerk/Records Manager
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
Page 3 of 3
CITY OF PASADENA
DATED: _ _'12Y ) �
Cynthia'J Kurtz
City Manager
ATTEST:
J e Rodriguez
ity Clerk
APPROVED AS TO FORM:
Scott D. Rasmussen
Assistant City Attorney