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1 RESOLUTION NO. /?~57.'i
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2 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A WATER
3 AGENCY AGREEMENT BETWEEN SAID CITY AND RAINTREE DEVELOPERS, INC.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION ONE:
That the City of San Bernardino execute a
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Water Agency Agreement with RAINTREE DEVELOPERS, INC., whereby
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the City is appointed agent to produce and transport water on
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land owned by RAINTREE DEVELOPERS, INC.
SECTION TWO: That the said Water Agency Agreement referred
to herein, a copy of which is attached hereto, marked Exhibit "A"
and is hereby referred to and made a part hereof as fully as
though set out at length herein, is hereby approved.
SECTION THREE: That the Mayor of the City of San Bernardino
is hereby authorized and directed to execute said Water Agency
Agreement on behalf of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing Resolution was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino ~t a _'~/L.r:~-i/ meeting thereof held
on the /,:5 d day elf .h_~L?t:/: ,by the following
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vote, to wit:
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AYES:
Councilmen
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NOES:
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f~l, Jl rP r7;;/~
V itr"ty~erk
~fOregOing Resolution is hereby approved this ~~~day
of Idw//-"7 ' 1965.
~.~.c L !J - ~ '" .Q
~ Rayor ot dle :~ S~n Berna-rdino
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AGENCY
A G R E E .M E N T
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The City of San Bernardino, a municipal corporation
3 hereinafter referred to as "Agent", and Rltil'ltree DeeloplU1f
4 Inc.
5 hereinafter referred to as "Ownerlt, agree as follows:
6 O;mer, referring to that certain real property located
7 ~ Ol\ MI.rl~.ld /we.. ~d -1>"" Street. nerth of FUb...fourth St.
8ei ty of San Bernardino, County of San Bernardino, State of
9 California, more particularly described as follows:
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Lot. 1 to IS u.luaiv.f TRct: 1435, in tM City
.f Baa BenuardlM, ... pu plat r_l'ded in
Beek 93 , Pava 55 and 56
R"'~"'d1ne County.
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21 for a good .and valuable consideration, receipt of which is
22 hereby acknowledged, does hereby designate and appoint the
23 City of San Bernardino, a municipal corporation, his agent
~ for the following purposes:
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1. To produce from the underlying basin water in
amounts reasonably needed for beneficial pur~
poses on said property.
2. ~o deliver said water to said property for use
thereon.
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3. To commence, maintain, intervene in, compromise,
and prosecute as exclusive agent for and on
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EXHIBiT
HAil
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behalf of Owner in the name of City, any action
or proceeding involving or affecting the title
or use of water or water rights of benefit to
Owner's land.
Owner does not hereby convey to Agent any water right,
including any riparian or overlying water right, but intends
that such water and water rights as may be affected by this
agency Agreement shall be used in, and shall inure to the
benefit of said property, Agent having the right to produce
and transport the same for the Owner, his heirs, assigns and
successors in interest.
Agent shall have no obligation to deliver, or to cause to
be delivered or to continue delivery of any water or of a
specific amount of water. Any delivery of water by Agent
or by such other person as may be designated by Agent shall
be made pursuant to the established rates and the rules and
regulations of Agent.
Agent shall have the right to revoke, cancel and
terminate this Agreement by a 30 days Notice in writing
mailed to owner.
The provisions of this Agreement shall be binding
upon and inure to the benefit of the parties hereto and to
their heirs, successors and as~igns and shall continue in
effect for a period of fifteen (15) years from the date
hereof.
IN WITNESS WHEREOF, the parties hereto have execu~d
this Agreement on the /{4: day Of>~"Z,;u:~- ,19G$--, in
The City of San Bernardino, California. /
ATTEST
CITY OF SAN BERNARDINO
(}/njfZ' ~.
City Clerk
~ ~ l
Cl"~ ~,.f-
~ Mayor
laiDlree Developers, lac.
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN BERNARDINO )
On this 19th
day of
, JanuarY
before me, the undersigned, a Notary Public in and for
said County and State, personally appeared
Sibl~ J... M~N:nM.'rA
known to me to be the person__whose name__
subscribed
to the within instrument and acknowledged to me that he
executed the same.
WITNESS my hand and official seal.
lfl PATRICIA C. DALE
'. NOTARY PUBLIC . CALIFORNIA
PRINCIPAL OFFICE IN
_ SAN BERNARDINO COUNTY
~'I~ _ ftn.~A
~otary PUb~?c ln ~or said
County and State.
PATRICIA ct DALI
MV COMMISSION EXPIRES JAN, "/ 1ffl1
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, 196..2,