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RESOLUTION NO. //-...)-7L
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A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF A WATER AGENCY AGREEMENT BETWEEN
SAID CITY AND
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
SECTION 1. That the City of San Bernardino execute a Water Agency
Agreement with Southern California Commercenter, LTD.
whereby the City is
appointed agent to produce and transport water on land owned by Southern
California Commercenter, LTD.
SECTION 2. That said Water Agency Agreement, a copy of which is
attached hereto, marked Exhibit "A" and referred to and made a part hereof
as fully as though set forth at length herein, is hereby approved.
SECTION 3. That the Mayor and City Administrator of the City of
San Bernardino are hereby authorized and directed to execute said Water
Agency Agreement on behalf of said City.
I HEREBY CERTIFY that the foregoing reso1udon was duly adopted by
the Mayor and COllllllOn Council of the City of San Bernardino at a
meeting thereof held on the ,;5'5 day of ~~ ,1975 by the
following vote, to wit:
AYES: Councilmen /:~ '?1-~ ~7~A-'"
~L.:/d_A~ ~~l~ /~.fl.A?~A/
~. ~
C~1/~Ao'.#",P~....J -'~~
NOES:
ABSENT :
--~ ~
C;-W~ ";
The foregoing resolution is hereby approved this ,/;I~ day of
~1975
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/,
-'.,77"""
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AGENCY
A G R E EKE N T
The City of San Bernardino, a I1lUnici pel corporation hereinafter referred
to as "agent", and Southern California Commercenter, LTD.
hereinafter referred to as "Gwner", agree as followSI
Owner, referri ng to ,that certai n rea 1 property located at North side
of Hospitality Lane between Waterman Avenue and Hunts Lane
City of San Bernardino, County of San Bernardino, State of California, more
particularly described as followsl
Being a subdivision of Parcel No.6, Parcel Map No. 1455, Book 11
of Parcel Maps, Page 90, Records of San Bernardino County, in the
City of San Bernardino, California.
TRACT NO. 9140
for a g~od and valuable consideration, receipt of which is hereby acknow-
ledged, does hereby designate and appoint the City of San Bernardino, a
munici pel corporation, his agent for the following pur poses I
1. To produce from the underlying basin water in a~unts
reasonably needed for beneficial purposes on said property.
2. To deliver said water to said property for use thereon.
3. To commence, Maintain, intervene in, compromise, and prose-
cute as exclusive agent for and on behalf of Owner in the
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name of the City, any action or proceeding involving or
affecting the title or use of water or water rights of
benefit to Gwner's land.
,)wner does n,t hereby convey to Agent any water right, including any
riparian or overlying water right, but intends that such water and water
rights as ~y 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 "f 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 Agree-
ment bya 30 dclys Notice in writing llIlliled 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 assign~
and shall continue in effect for a period of fifteen (IS) years from the
date hereof.
IN WITNESS WHEREOF, the parties heret) have executed this Agreement
on the / /=/ day of ju",~,,/ , 19#,in the Ci ty of San
Bernardino, California.
()fi-
ATTEST:
f--~i
(/
CITY IF SAN BERNARDINO
~~
ERCENTER,LTD
B
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STATE OF CALIFORNIA )
CO~TY OF ~~~~INO ~
SS.
On th is
J.-ltJ
da'yof /7~
;
. 19 7~ ,
before _. the
personally appeared
undersigned, a Notary Public in and for said County and State
/c?~.u C 71d
knOloltl to _ to be the person whose nallll!
instrument and acknowledged ~ me that -- ~
subscribed to the within
executed the same.
_...'t~ '.,.,' .
. .... -
: tt,a' ~8. TOUIMLLE
<I$''' , NOTAIlY ~ <<l.lFOIItIIA
" \~.J PIlI_AI. QFFIC:I '"
; ~ ~ CMltTW
_ 0.. 1. .,... QllL .. -
ial seal.
'A~/;~~
Notary Publ~ in and for said County and
State.
Thl. document h belnl executed by the under.llned not: peuonally but a. Tru.tee
a. aforuald In the exerei.e of the l)Ower and autltorlty conferred upea aDll velted
in it as such trustee, and is enforcible only out of the trust property;' No personal
liability shall be asserted or be enforcible against the undersigned. '
FIRST AMERICAN TRUST COMPANY,
a California corporation, Trustee under
Trust No. PSUB-I036
B
STAn: Of CALIFORNIA
}N.
i COUNTY Of Or_a.
E On November 24. 1975 , before me, the undersigned, a Notary Public in and for
o
~ said State, personally appeared James G. Ra2use
~ known to me to be the Trust OffiS^,~_r" \ and Janet Hopmann ,
c
.~ known to me to be the Asst. Trust Office,r of the corporation that executed the within instrument,
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and known 10 me to be the persons who executed the within
~ instrument on behalf of the corporation therein named, and ac-
I knowledged to me that such corporation executed the within . .....
Iij 'Ilrflt__l~ _l~..u ~.
~ i~strument pursuant to its by-laws or a resolution of its boardife ..J~~I)\J~lLE i
8 dIrectors. .,. ."aar IIVIIUt CAJ.W.... t
T : _Al.__.
C'l WITNESS m);]hand and official seal. "Ill. 0ItIatI8R ~ .
g ~ J ...JU.t · _ a.. - . ..... QI&. a. lItoJII !
E {t,M.~p, cf..~ l.....,..........,............-.t...
o Signature ~ 11
I.L. Mar J:j. lourVl e