HomeMy WebLinkAboutIRVINE RANCH WATER DISTRICT - 1963-08-07Page #13 - Council Minutes 11/5/79
,AYES: Pattinson, Thomas, Mandic, MacAllister, Bailry, Yoder, Finley
wr°
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fdQ'cS; None
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ABSEN1: None
SAID JOAQUIN VcERVQIR SETTLEi 7NT - APPROVED
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On motion by Mandic, second Patcinson, Council approved at;d authorized the Mayor to
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execute a settlement principles meMarandum. The motion carried by the following
roll call vote:
PfEz;: Pattinson, Thomas, biz MacAl Lister, Bailey, Yoder, "iriley
>-
NOES; None.<
ABSENT: None
ADJOURNMENT
Mayor MacAllister adjourned the regular meeting of t�� City Council to Thursday,
November lw, 1979, at 6:30 P.I. in Room B-8, Civic Center.
Ak
da "-
City Cler and ex-af icio Cler -
of the City Council of the Cnty
of Huntington Beach, California
.,. ATTEST:
City Clerk Mayo",
f,. y
ur
w
CFA.T7Q�RNCY At, rd x � 1 ,1I ti
c)FPIC tar
CITY ATTORNEY
F, U. Box 144 l T `
HUXTIHG:`'ON B4TiCn t;
CALIFORNIA 9264 11
"�t EPtdRME
II1AJ 526 6261
Mr. Ral!ah J. Morgan
Attorney at Law
Bogie & Dorgan
610 Newport Center Drive
Suite 500
Newport Beach, Cali orn a 9266i-i
Re. Swan Jorigain Re,-, er*vcdr i t ".
!Dear Mr. Morgan:
In view 7f r'c'por,• fro -A
by Claim Number c y y,, r: b
Ranch Water District, is
city hereby 1^ �nser,.s bey for
f
suit in this matter i c r .•. Pk-,rl.. 7 4 7
This extension of time 3 4-10 n
of any liability an the y n4i «;r
of the cla.,m 2s prese'fV-c a
way aarl"e it id by *.he grant 4.ne `.'n " ; i irie rr4e
nature of t�,e claima saal1
1973 and Irvla Yee Rand.. lv'it-r "" s, r': e rc,..
the claim, as f 1.1e wi wh n, <�r� d�q = •.�. �` L
m.
va L l Lre to 6a IE� s slstaz d }yam
♦ ...
ors b»ye.� this
}Agri a fjf q a 6:t ,: :.:. e c ar:w e .:: �' , : i ', + e vr'.a
o�A� Wk:is y�}�4+�'ns ,.tn o
}
evy
* , Jerty x . 'ney
Mayor
CITY 0.-
OFFICE OF Tit
tv'EMQkAtVD'Ihl ".,f "E.rlvl'f_
V D ON:
WE ,:Id ADDRESS OF ATTORNEY TELE:140NE NO 6 4 4— 9 3 l
For Court Le3'
i,E,%ANDER BOWIE, e I,zw Corporation Res
'. 1 Newport C!! Y �l e� �.
t!s. ��cl�
t? Center Drive , Suites 5 0 0 yU
:'.:;...r:::. ....
eii7POrt Beach, California 92660
IT OHNrYF. Plaintiff
t
BYt s$r l✓ {
PROCESS SERVER
led name of court, judicial district or branch court, it any, and Post Office a d
I
BATE,
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OF THE, STATE OF CALIFORNIA
Y_ -
PPERIOR COURT ,
+ li �
OR THE COU14TY OF ORANGE
90 Civic Center Drive West, Santa. Aria, California
rtME
:AINTIFF: IRVINE RA14CH WATER DISTRICT, a California Water. Di iet
jefendants: METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, a Metro-
-an Water District, MUNICIPAL, WATER DISTRICT OF ORANGE COUNTY, a
ftunicipal Water District, COASTAL MUNICIPAL WATER DISTRICT, a Municipal
tiater District, LAGUNA BEACH COUNTY WATER DISTRICT, a County Water District,
SOUTH COAST COUNTY WATER DISTRICT, a County Water District,, TRI-CITIES
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4UNICIPAL WATER I .STRICT, a Municipal Water District, COSTA MESA COUNTY
} 97ATER DISTRICT, a County Wate-- District, the CITY. OF HUNTIINGTON BEACH,
A Municipal Corporation, and DOES I through 100, inclusive
SUMF1°)GNS
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Case Number' ✓�,� r
(, ; r
bout
NOTICE[ You have been sued. The court may decide IAViSOI Usted hi) sido demandado. El Tribunal puede
Against you without your being heard unless you respond decidir contra Ud. sin audlercla a menos que Ud.
within 30 days. Road the tnformL3lon below. respr,nda dentro de 30 dias. Lea la intormaciein que sigue.
1, TO THE DEFENDANT: A civil complaint has been filed by the plaintiff against . a (See footnote*)
a. If you wish todefendthis laws, it, you must, within 30 days after this summons is served on you, file with this
rs'urt a written pleading in response to the complainL (if a Justice Court, you musf file with the court a written
pleading or cause an oral pleading to be entered in the docket in response to the ar-mplaint, within 30 days
after this summons is served on you),
b. l:rltess you so respond your default will be 6,,tered upon application of the plaintiff and this court may enter
a judgment Pgairst yGn for the relief demanded in this complaint, which could result in garnishment of wages,
taking r? money or property or other relief requested in the complaint.
c. If you wish to -eek the advice of an attorney in this matter, you should do so promptly so that your written
response, L' any, may be filed on time.
Dated'. tipR$ 1975 .s71 .,$lerk, By _.. _ _SRA A. WEiliiiT Deputy
(SEAL)
2. ,N-l' NO ICI TO THE PERSON SERVED: You are served
a 0 As an individual defendant.
b- 0 As the person sued under the fictitious Warne of: .
�`
c �On behalf of,.J<�tt' C f l� .� �/t� h 1. dif �'cl�. A-,
Uf.dec CCP 416.10 (Corporation) CC." 416.60 (Minor) '
[� CCP 416.2G (Defunct Corporation) C-3 CCP 416.70 (incompetent)
Cw] CCP 416.40 (Association or Partnership) ID Cl.P 416,90 (individual)
Other, f' "/
` the word 'cor,p:aint` ihctudes ctoss•cotiplaint, "ptuintitt' includes cross•comptalnt, ' defendarl" includes cross•dctenoanf, regular includes she
plural and mascuim imfudes femnme a" neuter A written pleading, inciuding siiiiiii answer, demurrer, etc must be in the form required by 'ha.
C*IdotrYw bc^ s of Court Your original pleaoing mtist fat, ttittl in this court with r toga filing fees and proof that a copy thereof was serv:,d on east+
plaimili's attorney and on each platatrtt not represented by an ,aftotney The time ,when a summons is deemed served on a party may vary depending
on %hs method of servicn For example. see CCP 413'10 through 415 0
Form Adopted by Ar,te 982 of (S(" rererry istde for Prooi of sorvlci.)
The Judicial CountAof.Caldornia SUMMONS CCP4 220.412,30 etc
Revised Ettecl a January 1, 1975
1
ALEXANDER SOME:
A LA* CORPORATION
a10 NQWPOAT C.CNTtR ZRIv4 - fiUtT[ $OL?
NE.WPORT +-EACH. CAL IFCRN(A OZGGO
` rLEFtIoN[ (714T 644-9311
5 Attorney for Plaintiff
7
;5T'A"J: L'LLOW Foot F'11.175G 5: A.19P ONLY)
APR 8 1975
+WltltAM t, Sr Jt.r �.,ry Clark
�y
Deputy
8
SUPERIOR COURT
OF THE
STATE OF CALIFORNIA
g
FOR ThE
COUNTY
OF ORANGE
10
11 IRINE RANCH WATER DISTRICT,
a California Water District,
P1.aini- if f ,
13
VS.
14
METROPOLITAN WATER D,SiRICT CF
15 SOUTHERN CALIFORNIA, a Ids tro-
j)olitan Water District, MUNICIPAL
16 WATER DISTRICT OF ORANGE COUNTY,
-
a Municipal Water District,
17 COASTAL MUNICIPAL WATER DISTRICT,
a 14unicipa . Wa4Ar L`,istrict,
1$ LAGUNA BEACH COP'''fTY WATER t1ISTRICT,
( a County Water District, SOUTH
} COAST COUNTY WATERR DISTRICT, a
Cuunty Water District, TRI-CITIES
20 MUNICIPAL WATER DISTRICT, a
rlunici .al 'later District, COSTA
21. KESA COUNTY WATER DISTRICT, a
County Water Vis trict, the CITY
22 Or HUINTINGTON PEACH, a vlun..cipal
Corporation, and Dt'GS I through 100,;
23 inclusive,
2 Defendants.
NO. :j .-�_ 2 C. ? j
CO:7PLAINT FOR;
INJURY TO REAL PROORR' Y,
BREACH Or CONTRACT,
DECLARATORY RELIEF,
INVERSE CONDEMNATION
INJURY RESULTING FROM
DANGEROUS CONDI`!'ION AFTER
KNOWLEDGE THEREOF, IN.*UP-V
RESULTING 1'ROjt DANGEROUS
CONDITION DUE TO ACT OR
01-IIS ION OF AN EMPLOYEE,
NEGLIGEN i' MISREPRESENTA-
TION, TRESPASS, BREACH OF
COVENANT
2�
126 For a first Cause of Action agai ziS t defendants NET 0--
27 POLITAR iIATZR DISTRICT OP SOUTHLRIN CALIFORNIA an,' DOSS ) through
28 100, inclusive, a-nd each of them, pla ntifz ccmpldiY,s 1.I i '1 1, :,-:a
29 as follows;
30 PIRST CAUSE OF ACTION
31. (INJURY TO REAL PROPERTY)
3 1. All f the facts, act:.s and events herainaytez
s
l
(
is
4y
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!t
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dosc,ribed tork palace in thQ C'ount:-y o orancje, Statc of C:i�liforraia,
2
and the defendants, and each of them, are: :wither situatod within,
3
or are conducting their activities within said County and State.
4I
2. The true names and capacities, whether individual,
5
corporate, associate, or otherwise of defendants named herein
6
as DOSS I through 100, inclusive, are onknown .aintiff, who
7
therefore `sues said defendants by such fictitious names, ane.
$
plaintiff will, amend this complaint to show their t: ue navies and -
capacities when the same have been ascertained.
10 �
3. Plaintiff is informed and believes that at all times
11
herein mentioned, each defendant was the agent and employee of
12
each of the other defendants and was a,ting within the course and
13
scope of such agency and employment.
14
4. At all times herein mentioned plaintiff was, and
3-55 it
is, a Caliiornia water district organizer) and existing under the
l
16 I
i
Cala.fornia water district law of the State of California.
17
5. At all. times hera.i.n mentioned, defendant. ME" POLI-,
18
TAN WATER DISTRICT OF SOUTHBRN CALIFORNIA (MID) wa_, and j a
13 '
t
metropolitan water cis -trict organized under the Metropolitan20
I
Water District Act of the State of California..
27
6. On or about April 4, 1502, ID, MUNICIdAL WATER
22
DISTD ICT OF ORANGF COU€VTY (ORANGE; DISTRICT) , formerly known as
231
orange county Municipal Water lAscrict, and the COASTAL MUNICIPAL
24
WATER DISTRICT (COASTAL DISTRICT) entered iiAtc an agreement
25
entitled, "Agreement for the Construction, Maintenance and Ouc.,raa_ '
26 I�
`
tion of a Reservoir Pear the East Orange County Feeder No. 2 of
7
i
the METROPOLITAN WATER DISTRICT OF SOUTHERN CA IFORNIA" (Reser--
28
voir Agreement), whereby, among other things, ORANGE DISTRICT
j(I
and COASTAL DISTRICT agreed to construct within the County of
36
f
Orange tho San Joaquin Reservoir and appurtenant works ("Reser-
3'-
voir") with an approximate capacity of 3,000 acre feet without
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eXpense to MOD and in a manner satisfactory to MID, MWD agreed,
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7
8
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10
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31.
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din substance and effect, among other things, to do the following:
ja. In accordance with paragraph 10 of the Reser--
�voi.r Agreement, M14D agreed to operate and maintain said Reservoir
i
in a manner -similar to the manner 1n which MWD operates and main-
tains reservoirs on its system as nearly as may be appropriate
and in an efficient and orderly wanner consistent with recryognil,d
engineering practices for the operation of water works facilities.
b. In accordance with said paragraph 10, MWD
agreed to operate the valves of the Reservoir, control the input
and output of water stored therein and record the quantities of
water metered in and out.
C. In accordance with paragraph 11 of the Reservoir:
Agreement, MWD agreed to clean in good order and efficiency the
Reservoir when necessary for its operation and maintenance.
Furthermore, such cleaning shall take place at times when it can
ibe anticipated that delivery of water from the Reservoir can be
i
Isuspended without detriment to theagencies served out of the
Reservoir. The size and scope of the Reservoir Agreement is of
such size and magnitude as to make it impractical to attach it
as an Exhibit to this complaint, but plaintiff is informed and
believes that all concerned parties already have a copy thereof.
7. On or about April 4, 1962, plaintiff, ORMGE
DISTRICT, and COASTAL DISTRLCT enteied into an Agreement- en-
titled "Agreement" (Supplementary R!';.�ervoix Agreement) , wi.
plaintiff assumed the above moati,oned obligations of ORANGE
DISTRICT and COASTAL DISTRICT to construct or to have c:or,-
structed the Reservoir. Plaintiff thereby became the raw*
of the Reservoir. At the time of the acts complained of
by DOE defendants, MWD, anti each of them, plaintiff was .rid in
Lhe owner of the real: property on which Lhe Reservoir is situated.
The Supplementary Reservoir Agreement did not in any way modify
the obligations, responsibilities .-sid duties of MWD that are set
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N
4
7
9
10
11
12
1.'
14
15
-16
17
18
19
2 0
21
212
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P
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29
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forth in paragraph 6 above. TINe Supplumontary Reservoir Agreement
was aocepted, consented to and approve,, by MWD. The size and s(-,,Dpe
of the Supplementary Reservoir Agreement and the Reservolr Agree-
ment that is incorporated tnerein are of such size and ragnitude
as to make it impractical to attach them as Exhibits to this
complaint, but plaintiff is informed and believ,2s that all con-
cernpd parties alt-ady have copies thereof.
8. On or about August, 1966, plaintiff completed the
construct'on of tiie Reservoir and the appurtenant works thereto
and said project was approved by MWD on or about .Tune 30, 1966.
9. On or about July 1, 1966, MWD commenced operation
and maintenance of tne Reservoir.
10. From an or about C)ctober 19, 1962, until an or
about August 7, 1973, p1l' - ': entered into certain lease agr e-
ments that have bec.r - rom time to 1.ime, all of which are
Ifor the purpose of leasiny water storage capacity rights 1. the
lReservoir to certain public entities, to wit: COASTAL MUNICIPAL
WATER DISTRICT (COASTAL DISTRICT), )STA MESA COUNTY WATER DIS-
I
TRTCT (COSTA MESA) , and the CITY OF HL:,NTINGTON BEACH (HUNTINGTON
tBEACH), COASTAL DISTRICT, in turn, assignpd said rights to
ITRI-CITIE,b MUOICIPAL WATER DISTRICT (TRI-CITIES), SOUTH COAST
COUNTY WATER DISTRICT (SOUTH COAST) , and LA4GUN7k BEACH COUNTY
VATER DISTRICT (LAGUNA BEACH). In consideration therefor, these
I certain p)).blic entities, and each of them, agrued to pay plAn-
of the Reservoir.
I.iff for said use
11. Commenci iq on or about Suptortioer 1, 1972, and for
,a period of approximately four months thoreafter, DOE defendants,
lVD, and each of them, planned, maintained, c..)erated, conLrollod,
I and managed the Reservoir in a negligee t, unskillful, aild iat-
prudent manner thereby directly and proxiDiately causing impair-
ment, damage acid injury Lo the Reservoir.
12. As a direct and proximate result of said acts and
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4
5
8
10
13
14
15
16
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18
12
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2 21
23
24
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26
27
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30
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omissions o.L- DOE dei-:-,ndants, MWD, and each of them, it hz
necessary for plaintiff to arrange for and undertake the repairs
of the Reservoir. The cost of said repairs was in the sum of
$1,003,621.46. Furthermore, additional engineering, surveying,
consulting, administrative and other costs and expenses were
incurred by plaintiff in order to repair tle Reservoir. Plaintiff
will seek cleave of the Court at the time of trial to amend this
complaint to set forth the precise amount of damages in tnis
category.
13. As a further direct and proximate result of said
,acts and omissions of DOE defendants, MWD, and each of them,
i
I those certain above-n,:-,med public ontities that are leasing water
I
�storage rights froin plaintiff have failed to pay and continuo to
fail to pay plaintiff for the rent from Decombor, 1972, to and
lincluding March, 1974, it which the Reservoir was under repair
I
,due to the aforesaid acts and omissions. The amount of said
bents clue and owing is $293,333.33, payaL�le in the sum of
1$110,000.00, plus interest at the legal rate from February 2,
1973, on the sum of $110,000.00, plus interest at the legal rate
from August 2, 1973, on the sum of $73,333.33, plus interest
fat the legal rate from February 2, 1974.
14. After exercising due diligence, plaintiff first
discovered on or about May 29, 1974, th,-it DOE defendants, MINID,
i and each of them, negligently, imprudontly, and unskillfil-Ily,
planned, controlled, operated, maint.ained and managed the Reser -
11voiz thereby causing the aforusiej
15. On or about August 29, 1974, plaA'ntiff filed its
claim for damages against MWO. A true and correct copy of said
j
claim j.,s attached h2reto ae- Exhibit "A" ai-id made a part heroof.
iSaid claim was rejected by oporation t,.>f law on October 15, '974 .
I
!on or abour. October 17, 1974, MvqD mailed a letter to plaintiff
informing plaintiff about said rejection. A true and
4" 4
W,
tit
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5
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12
13
14
15
16
17
18
19
20
21
22
23
25
26
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zo
al
copy of said letter is aLtached be;,'eto as Exhibit "B" trid made
a part hereof.
For a Second, Separate and Distinct Cause of Action
against deferid.ants, MWD, and DOES I through 100, incliasive, and
each of them, plaintiff complains and alleges ,s follows:
SECOND CAUSE OF ACTION
(BREACH OF CONTRACT)
16. P14Lntiff ropeats and realleges all of the allega-
tions contained in paragraphs 1-10 above and by reference thereto
makes them a part hereof as if fully set forth herein.
17. In addition to the obligations in the Reservoir
Agreement that is referred to in -.)aragraph 6, plaintiff as the
successor in i.nterest to orange District and Coastal District
and MWD, agreed among other things as follows:
"14. In the course of its maintenance and opera-
tion of the reservoir, Metropolitan shall make repairs to the
reservoir and appurten:lnt tiiorks and equipment at its expenses
Orange District and Coastal District, however, shall make or
pay for replacements. For these purposes, any single item of
work where the cost of labor, equipment, materials, and over-
head is less than $25,000, as determined by Metropolitan, shall
be deemed to be repairs, and any single item of work where the
cost of labor, equipment, materials, and overhead is $25,000 or
more, as determined Ly MoLropol_'tan, shall be deemed to be a
replacemont. Metropolitan -nay make any roplacoment, and upon
the demand of Metropolitan, said Orange District and said
Coastal District shall be jointly and severally obligated to
pay the cost thereof to Metropolitan or at Idetropolitan's op,.ion
it may :'equire Orange District and Coas-tal Distr.*,.ct to effect
such repla;etaent and those districts shall then be jointly and
ZevOrally Obligated to comply with such requirement. Whenever
0
the cost of a replacemont iS $5G,000 Or More, writter. Ysotit�*e
of the need for z-*uch replacement ;hall be given by Metropoljt,ixl
3
to Orange District and COaStal DiSt.-ict, which notice
4
contain a detailed description of the replacement toq.,tlie, with
5
an estimate of the cost of same. Upon receipt of any such notice,
6
Oranq%, District and Coastal District shall have thirty (30) day,;
9
in,;hick to- inspect the item to be replaced and to notify
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Metropolitan in writing that they either consent to the replace-.
9 i
ment or object to the replacement for reasons stated Accounting
10
by Metropolitan for repairs an' replaccments shall be simila.:c
11
to its accounting for similar projects, on its system.-,
12
18. Plaintiff's obligation to make replacements as
JZ
dpfined in the Agreement was expressly conditioned upon MWD's
3.4
obligation to "operate and maintain the reservoir in a manner
15
aim-iar tc the manner in which it operates and maintairs. rr�ser-
16
voirs on its system, as nearly as may be appropriate, and in
p.
17
an efficient and orderly manner consistent with rel-ognized e nyin-
18 i
eerinq practices for the operation of water works facilities"
29
as required by and contained in paraqrapn 10 of the Reservoir
20 if
Agreement.
21
19. Plaintiff lags perforitiod all conditions, covena-its,
22
and pr:izqises tinder the Rost»rvoir Acre.ement Pxcept as excused
23
by the breach or other dr.,falcation of MW.,
24
DOF 20. Commvncing on or abous. Sleptombt,,r 1,972, 1
25
defendants, kRWD, and each of them, broached the 1�servoir Aqi,;
26
merit by failing to maintain, control, and operate tho Re:scrvoi.r
tt
in the manner specified and roquired by Oie, above-menticnie-d
paragraph 10 of tkw, Reservoir Aqref:�mont.
20
1
21- As the direct and prl,)Ximat(result of thO act$,
bo
conduct and broaches by rioE dtfondants, WD, and each of them,
33, If
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aalloged in par,39raph 20, plalntiff Is Reservoir was damaged
3s
2
and ciepreciated so chat the cost of rc-pairs was in the sum of
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1
2
3
4
5
6
8
9
10
1:1
12
13
14
15
1.6
-17
18
19
20
21
22
23
24
25
26
27
28
29
30
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$1,003,621.46. Furthermore, additional erigineerinq, sarveying,
consulting, - "minirtrati and other costs and expenses were
incurred by plaintiff in order to repair the Reservoir. Plain-
tiff will seek leave of Court at the time of trial to amend this
complaint to set 'or.th the precise amount of the dalages in this
category. Plat, ` has demanded payment thereof from MWD, but
MWD has filed ay. k4.I:used to pay any part thereof and there is
now due and owing t) plc i;ttiff from MWD the sum of $1, 003, 621.46•,
plus additional casts and expenses, incurred by plaintiff as the
I
result of said repairs.
22. As a further direct and proxia-tate result of the
acts-, conduct and breaches by DOE defendants, MWD, and each of
them, as alleged in paragraph 20, plaintiff has been urable to
collect from those certain above --mentioned public entities t'.at
are leasing water storage rights from plaintiff in that said
public entities have failed to pay and continue to fa.l to pay
plaintiff for the rent from December, 1972, to and in,-:luding
March, 1974, in which the Reservoir was under repair: due to said
acts, conduct and breaches of MWD. The amount of said rents Sue
and owing is $293,333.33, payable in the sum of S110,000.00
plus interest at the legal rate from February 2, 1973, on the
sum of $110,000.00 plus interest at Lhe legal rage from August 2,
1973, on the sum of $73,333.33 plus interest at Lhe legal rate
from February 2, 1974. Plaintiff has demanded payment thereof
from MVID, but hIWD has failed and refused to pay any part theroot,
and there as now due a,id awing to plaintiff from V.14D the addi-
tional sum of $293, 333. 33 glus i.nterost at the legal rate from
the above periods when aasd rents were due and owing.
32 / 1
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1 For a Third, Separate and D ist a.nct Cause of Act io'z
2 'against defendants, KY41), and DOES 1 through 100, inclusive, and
3 each of them, plaintiff complains and alleges as follows:
4 THIRD CAUSE OF ACTION
5 (DECLARATORY RELIEF)
6 23. r iintif:f incorporates herein by this reference
7 each and every ai.legation of paragrapns 16-17 of the Second Cause
8 of Action herein,, as though set forth Lore in full
9 24. A dispute and actual controversy has arisen between
10 the parties hereto regarding their respective rights and duties
11 under the Reservoir Agreement.
12 25. It is contended by the plaintiff, on the one hand
3 that:
14 a. MWD, the DOE defendants, and each of them, has
15 the duty to operate and maintain at said defendants` expense the
.16 Reservoir in a manner similar to the manner in which 1419D,operates
17 and maintains reservoirs in the MWD system, as nearly as may be
la appropriate, and in an efficient and orderly manner consistent
19 with recognized engineering practices for the operation of
20 1 water wore L; facilities.
21 b. Plain,,iff's duty to make replacements to the
22 1 reservoirs is expressly cox+iitioned upon the duties of said
2, defendants to operate and maintain the Reservoir in accordanco:
I
24 t with paragraph 10 of the Reservoir Agreement. `
25 C. The failure of MWD to operate and maintain
26 �J the Reservoir in accordance with paragr� )h 10 of said Agreemont
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27 iwhicn has resulted in damages and dinproc-:-aLion to the Reservoir
I
28rand additional damages to the plaintiff thereby creates they
29 lobligation in said defendants to repair and to replace the. damayeS
30 in and to the Reservoir and to pay to the plaintiff an amount
31ek4ual to the damages suffered by plaintiff as a result of said
i
32 failure,
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d Said defendants' obligations to operate ind main-
2'tain the Reservoix in accordance with paragraph 10 of s4id Agree-
3 ment have not been discharged by any act or omission of plaint-iff,
4 its agent-,, servants, or employees.
5 e. The $25,000 cut-off limit between repairs and
replacements that is set forth in paragraph 14 of said Agreement
does not 4mit said defendants' liability for damages when said
damages are the result of said defendants' failure to operate and,
9 Trzintain the Reservoir in accordance with paragraph 10 of said
10 Agreement.
11 26. On the other hand, said defendants, and each of
12 ithem, dispute each of the ahave contentions and further speci-
13 1fically make the following contentions, each of which is dis-
.LD a. Pursuant to and in accordance with paragraph 14
1,6
,of the ReservoIr Agreement, said defendants' duty to make repairs
J-1 �to the -Reservoir and appurtenant works and equipment is limited
19[ b. Pursuant to and in accordance with paragraph 14
201'of the Reservoir Agreement, said defendants have no duty whurtso-
21 lever to make any replacem-�nts as that word is defined in said
paragraph 14.
23
a. Assuming, that said defendants have
24 Ifailed to operate and maintain the Reservoir in accordance wAh
2-9 11paragraph 10 of the Reservoir Agreemient, said defendants are not
26 iliable for any damages by virtue of paragraph 14 thereof.
27 d, Any obligation that said defendants may have
28 �has been discharged by the acts or omissions of plaintiff, its
29 !agents, servants or employees.
31 Irespective rights and duties of the parties affords a speedy,
32 '&.-equate and appropriate resolution of the controvei�,ie., between
1 h the parties as L?numor� to d above,
2
9
10
For a Fourth, Separato and Distinct Cause of Action
against defendants, MWD, and DOES i through 100, inclusive, and
each or them, plaintiff complains arid alleges as followsz.
I FOURTH CAUSE OF ACTION
(INVERSE CONDEMNATION)
28. Plaintiff repeats and realleges all of the allega-
tions contained in paragraphs 1-9 and 15 above as though set .forth
herein in full,
29. Beginning September, IS72, and for a period of
12 approximately 4 months thereafter, the DOB defendants, MID, and.
33 each of them, so planned, controlled, maintained, operated and
14 managed the Reservoir as to directly and proximately cause
pairment, damage and injury to the Reservoir.
16 1 30, On or about tMay 29, 1974, plaintiff first dis--
R i7 ) covered after exercising due diligence, that DOE defendants MWD
t
16 "and each c= them., caused the taking of plai,ktiff's property that
r
19 !is alleged herein.
i
F
20 31. As a dir ct and proximate result of said use
21 of the Reservoir that was plas)ned, controlled, ma-intained, operated
22
and managed by said defendants, .and each of then, plaintiff's
I
23 j necessary zublic ust�. .nf the Reservoir for storage and water c:apaeit
24 lwas interrupters and interfered with for the period commencing
5 ,September, 1972 to and including April, 1974, During said period,
25 the Reservoir was not used for its intended public purpose, but
27 , ,was instead subjected to a lesser public use on account of and
28 clue to the need to make: repairs to the Reservoir. �
32. As a further direct and proximate result of said
30 i use of the Reservc .z that was planned, con -rolled, maintained,
3
operated and managed by said defendants, and each of them,
32 plaintiff's .Reservoir was damaged and plaintiff incurred the sum of
t=
k
ME
'$1,003,621.46 to repair said damage. Fuxfhcrmore, additional
engineering, surveying, consulting, administratUve and other costs
and relaLed expenses were incur--ed by plaintiff in order to
repair the Reservoir. Plaintiff will seek leave of the Court at
the time of trial to ame,d this corplaint to set forth the precise
,amount of damages in thi! category.
32. As a further direct and proximate result of said
use of the Reservoir that was planned, controlled, maintained,
,operated and managed by said defendants, and each of them, plair-tiff
has been unable to collect from those certain above -named public
entities that are leasing water storage rights from plaintiff,
and said public entitios have failed to pay and continue to fail
to pay plaintiff for the rent from December, 1972 to and including
,March, 1.974, in which the Reservoir was under repair due to the
aforesaid acts that were planned, controlled and maintained by
MIWD. The amount of said rents due and OWiTIg is $293,333.33,
1payable in the sum of $110,000.00 plus interest at the legal rate
jinterest at the legal rate from February 2, 1974.
34. Plaintiff has not been paid nov has it received
,any compensation whatsoever on ancount of the damages to the
'Reservoir described herein.
For a Fifth, Separate and Distinct Cause of Action
iagainst defendants, MWD, and DOES I through 100, inclusive, and
ceach of them, plaintiff complains and alleges as follows:
FIFTH CAUSE OF ACTION
(INJURY RESULTING FROM DANGEROUS CONDITION
35. Plaintiff incorporates herein and by this reference
ea i and every allegation of paragraphs 1-9, &nd 15, above as
RV
I though set forth herein in full.
2 36. Beginning September, 1972, and for a period of
3 approximately four months thereafter, the DOE defendants, MWD, and
4 each of them, planned, maintained, controlled, operated and managed
51the Reservoir as to create a dangerous condition within, upon a. -I
G to the Reservoir.
a 7 ,37. Said dangerous condition created a forsee&ble
t;
8 risk of injury to the Reservoir when used by plaintiff with due
9 care and in a manner in which it was reasonably forseeabie it would
10 be used and DOE defendants, MWD, and each of them, had actual
11 knowledge of the existence of the condition, and knew or should
12 have known of the dangerous condition for sufficient time prior.
W to on or about October 15, 1972, to have taken .measure against the
14 condition and its dangerous character.
15 { 38. On or about October 15, 1972, and for a period
I
17 !of two and one-half months thereafter, the Reservoir was impaired,
' ,damaged and injured as the prox mate result of the dangerous condi
Ition herein alleged.
Z9 39. After exercising due diligent;e, plaintiff first
discovered on or about May 29 , 1974 that DOE
E
f
21 (defendants, MWD, and each of them, caused the dangerous condition
i
22 i r.liat is alleged herein. J
i
3 1 40. As a direct and rro:;imate result of said dangerous i
24 1condition caused by said dufenda.zts,, and each of them, plaintiff
E
25 1sustained injury to the Reservoir which necessitated repairs in
26 the surf of 1�1 fl03 621 46 Further~rore additional en i Neri
, , , g n� ng,
27 'surleying, consulting, administrative and other costs and expenses
2$ were incurred by plaintiff in order to repair the Reservoir..
29 Plaintiff will seek leave of the Court at the time of trial to
30 'anand this complaint to set forth the precise amount of damages
31 in this category.
3241. As a further direct and proximate result of said
-13-
t
MIN
:..:,?.
}4.
dangerous condition caused by said defendants and each of tbQm,
,2 those certain above -named public entities that are leasing water
3 storage rights from plaintiff have failed to pay and continue to
4 fail to pay plaintiff for the rent from December, 1972, to and
5 including March, 1974, in which the Reservoir was ender repair
6 due to the afuresaid negligent acts of MWD. The amount of said
rents due and owing is $293,133.33, payable in the sum of
8 $110,000.00, plus interest at the legal rate from February 2, 1973,
g on the sum of $110,000.00, plus interest at the legal rate from
1.0 August 2, 1973, on the sum of $73,333.33, plus interest at the
11 legal rate from February 2, 1974.
12
33 For a Sixth, Separate and Distinct Cause of Action
14 against defendants, 14WD, and DOES 1 through 100, inclusive, and
I i
l5 each of them, plaintiff complaint and alleges as followst j
i
16 SIXTH CAUSE OF ACTION
17 (INJURY RESULTING ''ROM DANGEROUS CONDITION
1$ DUE TO ACT OR OttV2ISSION OF AN EMPLOYEE)
1.9 � 42. Plaintiff incorporates herein by this ref--,,
20 1 each and every allegation of paragraphs 35-36, 38 and 40--41
21 J ,s though set forth herein in full,
3 43. The dangerors condition alleged herein created a
23 Treasonably forseeable risk of injury to the Reservoir when used
24 1by plaintiff with due care and in a manner in which it was reason-
25 ably forseeable :it would be used, and said defendants, and e -�h
26 of them, employed and assigned the responsibility of managing,
27 controlling, maintaining and operating the Reservoir to employees,
28 1'who, within the scope and course of their duty, negligently,
29 lunskillfull.y and imprudently managed, controlled, maintained and
30 operated' the Reservoir as to proximately y cause the dangerous
-
31 condition therein.
32 ��f
-14-
r
g
44. After exercising due diligence, plaintiff first
2
discovered on or about May 29, 1974, that DOE defendants, 14-WD,
3
and each of them, caused the dangerous condition that is alleged
4
herein.
5
$
For a Seventh, Separate and Distinct Cause of Action
7
against de, endants, MD, ane. DOES .1 through 100, inclusive, and
$
each of them, plaintiff complains and alleges as follows-
9
SEVENTI3 CAUSE OF ACTION
(NEGLIGENT MISREPRES ;NTATION)
4
11.
45. Plaintiff incorporates herein and by this reference
12
each and every allegation of paragraphs 17 and 28 above, as thou(7h
s
13
set forth herein in full.
46, Prior to the events complained of herein, DOE
Z5
defendants, MD, and each of then, repre3ented to plaintiff that
they were experienced and competent to manage and control the
17
operation and maintenance of the Reservoir in an orderly and i
z
18
efficient manner that .is consistent with recognized engineering
1.9
practices for the operation and maintenance of water wor'
20
facilities.
21 #
47. At all times when said defendants, and each of them,
�
2,�°
made these representations, said defendants, and each of them,
23
had not sufficient or -reasonable grounds for believing that they
24
were true and were aware of the fact that they could not accurately
25
so state, or alternatively, said defendants,and each of then, kn
26
said representations were false and negligently made the foregoing
27 Irepresentations
to plaintiff.
28
48 Said represeitations were made by said defendants,
29
and each of them, for the purpose of inducing plaintiff to rely on
30
III
31
I 1 i'
3
said representations and to enter into the supplemep- ,ry Reservoir
Agreement.
49. Plaintiff believed those representations were true
+and in reliance upon said representations entered into the
Supplementary Reservoir Agreement, and among other things, built
and constructed ahe reservoir in reliance thereon.
50. After exercising dues diligence, plaintiff first
learned on or about May 29 , 1974 that the representa-,
tions made by said defendants; and each of them, were false due
to the fact that said defen:du):ts, and each of them, negligently,
imprudently and unskillfully planned, operated, managed, controlled
i
Viand maintained the Reservoir thereby causing the above -described
damage.
51. As a direct and proximate result of those misrepre-
Isentations made by said defendants, and each of them, it has been
snecessary for plaintiff to arrange: for and undertake the repair
i
(of the damage to the Reservoir. The r.ost of said repairs was
!in sum of $1,003,621.46. Furthermore, additiona?. engineering,
a
surveying, cazsulting, administrative and other costs and expenses
!were incurr d by plaintiff in order to repair the Reservoir.
jPlaintiff will seek leave of the Court at the time of trial. to
{
amend this complaint to set forth the precise amount of damages
j in this category.
52. As a further direct and proximate resu.,c of those
misrepresentations made by -aid defendants, and each of them,
;those certain above -named public, entities that are leasing water
f
'storage rights from plaintiff nave failed to pay and continue to
i
fail to pay plaintiff for the rent from December, 1972, to and
i
'including ?March, 1974, in which the Reservoir was uncles repair
due to the negligence %--.d carelessness of MWD. The amount of said
rents due and owing is-$293,333.33, payable in the swn of
�11.0,000.00, plus interest at the legal rate from February 2, 1973,
-16_ j
1
�ff j
an the sum of ; 110, 000. 0r, lu interc�:�t at the legal rate from
� p �
2 August 2, 1973, on the sum of $73, 333.:33, plus .interest at the
3 legal ?:ate from February 2, 1974.
411
5 For an Eighth, Separate and D'stinct Cause of Action
6 against defendants, MWD, and DOES 1 through 100, inclusive, and
7 each of them, plaintiff complains and alleges as follows:
8 EIG'I'1`H CAUSE OF ACTION
9 ( (TRESPASS)
s � ,
10 53. Plaintiff repeats and realleges all of the allega-
i
11 tions contained in paragraphs 1-11 and 15 as though set forth
12 herein in full.
13 54, from on or about August, 1966, and at all times
14 material herein, plaintiff was the owner of and was in lawful.
i
15 !possession of said Reservoir located in the County of Orange,
3
16 i_State of California and within three years last past., said
17 defendants, and each of them, damaged plaintiff's property.
�$ 55. After exercising due: diligence, plaintiff first
19 Idiscovered on or about May 29, 1974 that said defendants, and
r
20 , each of them, committed the aforesaid '' e7passes.
211 56. By reason of the trer.passes aforesaid., the plaintiff
22 has been damaged because it has been necessary for plaintiff to
23'. arrange for and undertake; the ropair.s of the Reservoir.. The cost
24 j' of said: repairs was in they sum: of $1, 00.3, 621. 46. Furthermore;
lj
25 q' additional engineer ng, xirvoyinq, con:;ulti.ng, administrative
26 iand other costs and related expenses wt re incurred by plaintiff
27 !in order to repair the Reservoir. Plaintiff will seek leave of
?8! the Court at the time of trial to amend this complaint to sot
29 iforth the precise amount of damages in this category.
30 � 57. As a further result of the trespasses aforesaid,
31 those certain above --named public entit e s that are leasing water
n
�s+f,...rare-�e}•-%Tyr"............-ar,Re.vr+rinm.s.-�.--:..-^e-Trv:.-.-..n�+-.n-�,.ns..+msT+.-,.-.:^�x,,r,�..---+.�'6s+�n-.+•++r-•.,..a �...--..'+...n^--'r
i
1
2,
3
4
5
6'
8
9
10
11.
12'
13
14
15
10
17
,. I
19
20
21
2211
23 l
24
25
26
2.7
28
29
30
�< 31
32
I
fail to pay plaintiff for the rent from December, 1972, to and
including Mdreh, 1974, in which the Reservoir was under repair
due to the aforesaid trespasses. The amount of said rents due
and ovring is $293,333.33, payable in the sum of $110,000.00,
plus interest at the legal .rate from February 2, 1973, on the
suia of $110,000.00, plus interest at the legal rate from August; ?,
1973, on tie sum of $73,333.33, Alas interest at the legal rate
from February 2, 1974.
For a Ninth, Separata and Distinct Cause of Action
against defendants, COASTAL, DTSTR.ICT, `ITRI-CITIES, LAGUNA BEACH,
SOUTH COAST and DOES l through 100, inclusive, and each of them,
plaintiff complains and alleges as follows:
NII4TH CAUSE OF ACTION
(DECLARATORY RELIEF)
58. Plaintiff repeats and realleges all of the allega-
tions contained in paragraphs 1-in above as though set forth
herein in full.
59. At all times herein mentioned, d-fendants COASTAL
'DISTRICT and TRI-CITIES were and are water districts organized
[under the Municipal Water District Law of 3.911; at all times
'herein mentioned, uefer,dants LAGUNA BEACH and SOUTH COAST were
and are County water districts organized under the County water
6District Law of the State rf California.
{4 60. On or about October 8, 1964, plaintiff and COASTAL
DISTRICT entered into a Tease? enti ;.led, "Reservoir .Lease Agree-
ment", whereby among other things, plaintiff agreed in substance
and effect to 1...•ase for a period of 50 years 200-acre feet of
storage capacity acit in the Reservoir to COASTAL DISTRICT, COASTAL
L
t
DISTRICT, among other things, agreed to pay plaintiff the suin of
$1,096,000.00, whic'i is payable as more particularly set forth
in Section 4'_thereof, The size and scope of said Lease and the
i
I
I I
'other documents that are referred t,''re o thc in . are of such n, i ze
2
land magnitude as to make it impractical to attach them ac Exhibits
3
to this Complaint, but plaint.-ff is informed and believes that
4
all concerned parties already have copies -thereof.
5
6-1. on or about Setpember 10, 1964, and in anticipation
of the above -mentioned Lease between plaintiff and COASTAL DISTRICT,
COASTAL DISTRICT, LAGUNA BEACH, SOUTH COAST, and WI -CITIES
entered into an Assignment entitled, "Reservoir Capacity 1,_ssign-
9
ms-nt and Sublease," whreby COASTAL agreed in substance and effect,
10
;among otter things, therein, to assign to LAGUNA BEACH, SOUTH
11
;COAST, and TAI-CITIES all of oald 200-acre feet of watEr storage
12
---apacity in said Reservoir and all of COASTAL DISTRIC'I's -rights,
13
;interests and benefits in the above -mentioned Lease between plain-,
14
tiff and COASTAL DISTRICT in the proportions as more particularly
Ir
iset forth in Sections I ard 3 thereof, and COASTAL DISTRICT agreed
ito collect said amounts for payment LC plaintiff, as more par-
ticularly set forth in Section 5 thereof. Vic size and scope
lof said Assignment and the: other documents that are referred to
therein are of such size and magnitude as to make it impractical
20
to attach them as Exhibits to this Complaint, but plaintiff is
21
1 informed and believes that all concerned parties- already have
22
copies thereof.
23
62. On or about Docombor 1964, plaintiff duly adopted
24
a Resolution prepared, suL=ittod and requested on behalf of
25
1COASTAL
DISTRICT, LAGUNA BEA(Ji, SOUT11 COAST and TRI-CITIES, in
WA
I the within matter, which prc-vidod in par,. at Sc ocion 3b, that,
27 f 11
"[plaintiff! does hereby consent to said Roservoir capacity
28 assignment and subloose, subject to the condition, however, L 1?a t.
[COASTAL DISTRICT) as assignor therein, its successors and .signs,
shall not be released from any of its oblitj cions under said
i Reservoir Lease Agreement theretofore and then existing between
[COASTAL DISTRICT] and (plaintiff)."
_19-
C_,I
4
C
7.
V
g
10
11
12
13
14
15
k
16
A
17
18
19
20
21
22
63. Plaintiff has duly performed all of the conditions
and covenants of said Lease to be performed on its part, cxccpt
as otherwise excused.
64. COASTAL DISTRICT, LAGUNA BEACH, SOUTH COAST, and.
TRI-CITIES entered into possession of th._ Reservoir pursuant to
said Lease and Assignment thereof and continue to occupy the
Reservoir a�n accordance therewith.
65. CCaASTAL DISTRICT, LAGUNA BEACH, SOUTH COAST and
rRI-CITIES have paid in accordance with said Lease, the Amendments
thereto and said Assignment, the amount of rents that is due and
Owing thereunder until the semi-annual lease payment No. 15.
Said payment No. 15 in the amount of $2.0,000.00 is now due and
swing and was tendered by COASTAL DISTRICT on behalf of itself,
LAGUNA BEACH, SOUTH COAST and TRI-CITIES on or about October 23,
1973, but with a full and complete reservation of rights to contest
whether said payment in fact is due and owing. Plaintiff has
cashed said payment and acknowledged said reservation of rights.
66. z, dispute and actual controversy has arisen between
plaintiff, COASTAL DISTRICT, LAGTINA BEACH, SOUTH COAST and TRI-
2ITIES regarding the respective rights and duties under the above
nentox.ed lease, the amendments thereto, and assignment.
67. It is contended by the plaintiff, on the one h,.;"Id,
} tnat i
24 _ k
x
a e This covenants roqu z ri nd G' ^ndants COASTAL
25 'DISTRICT, LAGUNA BEACH, So"ITP COAST and TRI-CITIES to pay spulci-
26 it f_ied sums for water storage rap aci Cy in the Reservoir -:are
z
27 covenants that are independent from any covenant whether expressed
7
28 or implied that plaintiff may owe to said defendn>its under #.he
29 above -mentioned agro4�ments.
30 � o The Reservoir A reu)ment the Supplementary
37 Reservoir Agreement and those certain agreoments alleged in
32 paragraphs 60 and 61 and the Amen6ments thereto do not contain an
r
express cotenant by plaintiff to said defendants for abating,
rebating, setting off, cr otherwise diminishing or reducing the
amount of ent that is due and owing when the Reservoir is subject
tc: or in the process of being cleaned, .repaired or replaced.
C. The Agreements above referred to in paragraph
67b do not contain an implied covenant by or between plaintiff to
isaid defendants for abating, rebating, setting off or otherwise
(diminishing or reducing the amount that is due and owing under
those Agreements and the Amendments thereto when the Reservoir
is being cleaned, repaired or replaced.
d. Plaintiff and said defendants, and each of them,
are experienced, competent, famili--, and have special expertise
in the areas of construction, operation, maintenance and control
of waterworks facilities, including, but not limited to, reser
voirs, such as the Reservoir that is the subject of this complaint,
land the appurtenant works thereto.
{
e. If plaintiff and said defendants wanted and
/!1
{intended to diminish the amount of money that is due and owing
under the above mentioneO. agreements during periods of cleaning,
repairing or replacing the Reservoir, the parties would have
expressly written the agreements to provide therefor.
f. Plaintiff and said defendants did in fact
6 contemplate the need for cleaning the Reserve--ir and anticipated
both repairs and replacements to the Reservoir by expressly
mentioning and providing for said occurrences and circumstances; -
9'however, said provisions do not provide for any abatement, rebate,
3-0 set --off, diiiinution, or other reduction of the amount of rent that
11 is due and owing when the Reservoir is being cleaned, replaced or
lug repaired.
1I."g. Said defendants have demonstrated that the
14 amounts in question and under dispute are in fact due and owing
l5 by previously paying plaintiff for the rents during the period
h from April, 1967 to March, 1968, when the Reservvir was under-
l'7t going repair on account of lining f;rilures to the walls of the
1E Reservoir, and was not lised for water storage capacity during
19 said period.
20 h. Assuming, arguendo, that said defendants'
2i failu e to a s id t 4- t t s a b •h f c tr c t
221
231
24
25
r p y a r�;n s cons r u e mere z'oac, o on a
instead of a breach of covenant, plaintiff has performed all
conditions, cove. -rants., promises under said Agreements and Amend
r.
merits thereto except as otherwise excused, and as a result thereof
said payments under said Leases are now due and owing.
26 i. Plaintiff owes defendants no duty, contractual
27
or otherwise, to maintain or control ' ,. outflow of water either
28 into or out of the Reservoir.
29 j. Said defendants' obligations have not been d:is-
30 charged by any act or omission of plaintiff, its agents, servants,
310' employees.
02 k. There is now due and: awing under -,aid Lease and
i
Assignment, semi-annual, payment No. 15 in Lhe amount of $20,000.00.
i
Plaintiff has made d mand on COASTAL DISTRICT, LAGUNA BEACH, SOUTH
COAST and TRI-CITIES for the payment of said sums, but said
defendants have failed and refused except as to the payment which
was te.ndereO with a reservation of rights and said defendants
6 still fail and refuse to pay said sums without condition, excep-
7 tion or reservation and the whole thereof remains due, owing and
d unpaid to plaintiff's damage in said amounts by reason of said
q 1breach.
On the other hand, said defendants, and each of them,
dispute each of the above contentions, and further, specifically
nake the following contentions, each of which is disputed by
a. The covenants requiring defendants COASTAL
)ISTRICT LAGUNA BEACH, SOUTH COAST and TRI-CITIES to pay specifies
sums for water storage capacity in the Reservoir are covenants
that are dependent upon plaintiff's obligation to provide water
storage capacity.
IV b. The Agreements above alleged and the Amendments
20 thereto contain implied covenants by and between plaintiff and
21 said defendants for abating, rebating, setting off and otherwise
22 diminishing and reducing the amount that is due and owing under
23 those Agreements and the Amendments thereto when the Reservoir is
24 being cleaned., repaired, or replaced.
E5� C. When the Reservoir is empty and therefore in-
26'capable of furnishing storage capacity for the defendants, the
27 defendants have no obligation to pay the $20,000.00 that plaintiff
28 complain.3 is due and owing.
29 d, Whenever the Reservoir is empty due to a col-
30 lapse of the walls or similar structural injury of substantial
31 magnitude, defendants have no obligation to pay the $20,000.00 to
32 plaintiff because the Reservoir is incapable of furnishing storage
-23
capacity to defendant . 1
2 e. The Agreement and the Amendments the:eto re-
3 ferred to in subparagraph a above contain an implied warranty for
n= fitness. Plaintiff has impliedly warranted to defendants that
5 at all times other than when the Reservoir is being cleaned or
F in the process of minor repair, that the Reservoir will in fact
be usable -4nd available for water storage capacity.
f. Defendants have been excused from paying the
9 $20,000.00 that plaintiff claims is due and owing on account of
10 plaintiff's breach of an implied warranty of fitness.
11 69. No remedy other than the declaration of the re-
12 spective rights and duties of the parties affords a speedy,
t
13 adequate and appropriate resolution of the controversies between
14 the parties as enumerated above.
15 For a Tenth, Separate and Distinct Cause of Action
16 against defendants COSTA MESA COUNTY WATER DISTRICT and DOES1
�h through 100, inclusive, and each of them, plaintiff complains and
18 alleges as follows:
s9 TENTH CAUSE OF ACTION
20 (PREACH OF CONTRACT)
21 70 Plaintiff repeats and realleges all of the allega-
22
Lions contained in paragraphs 1-1.0 above as though set forth �
23 herein in full.
24 71. At all times herein mentioned, COSTA MESA COUNTY
25 WATER DISTRICT (COSTA MESA' was and is a County water district
26 organized under the County Water District Law of the State of
27 California.
28 72. On or about October 19, 1962, plaintiff and COSTA
29' MESA entered into a Lease entitled, "Reservoir Lease Agreement",
30 whereby among other things, plaintiff agreed in substance and
32 effect to lease for a period of fifty years 600-acre feet o;E
32 storage capacity in the Reservoir to COSTA MESA. COSTA MESA,
-24-
p.: T
1
N
3
4
V
6
among other things, agreed to pay plaintiff the sum of
$3,287,500.00, which is payable as more particularly set forth in
Section 4 thereof. The size and scope of said Lease and the other
documents that are referred to therein are of such size and magni-
tulle as to make it impractical to attach them as Exhibits to this
Complaint, but plaintiff is informed and believes that all con-
cerned parties already have copies thereof.
8 73. Plaintiff has duly performed all of the conditions
91 and covenants of said lease to be performed on its part except as
10
11
12
13.
otherwise excused.
74. Costa Mesa entered into possession -. the Reservoir
Ipursuant to said Lease and continues to occupy the Reservoir in
accordance therewith.
75. COSTA MESA has paid in accordance with said Lease
xv� and the Amendments thereto the amount of rents that is due and
16 owing thereunder until and commencing with semi --annual payment
h I No. 14. Said payment No. 14 in the amount of $60,000„00, along
lE with semi-annual payment No. 15 and a portion of No. 16, is now
19 due and owing. On or about September 28, 1974, COSTA MESA ten-
20 dered a payment of $80,000.00, of which plaintiff credited
21 $20,C`3.00 toward semi-annual payment No. 16 and $60,000.00 as
22 payment in full for semi-annual payment No 17.
23 76. There is now due and owing under said Lease and
24 the Amendments thereto semi-annual payment No. 14 in the amount:
25 f $60,000.00, semi-annual payment No. 15 in the amount of
26 60,000.00 and t' balance of semi-annual payment No. 16 in the
27 amount of $40,0. 10, for a total amount of $160,000.00., Plain-
28 tiff has made demand on COSTA MESA for the payment of said sums,
29 but said defendant has failed and refused and still fails and
30 refuses to pay said sums, and the whole thereof remains due
31 lowing, andunpaid, to plaintiff's damage in said amounts by reason
52 of said breach
,.25-
a
„
1
i
For an Eleventh, Separate and Distinct Cause of Acti9p
2
against defendants COSTA MESA COUNTY WATER DISTRICT and DOES 1
3
through 100, inclusive, and each of them, plaintiff complains and
4
alleges as follows:
5
ELEVENTH CAUSE OF ACTION
6
(BREACH OF COVENANT)
7
7'�. Plaintiff repeats and realleges all of the allega-
8
tions contained in paragraphs 70, 71, 74 and 75 above as though
9
set forth herein in full_
10 �
78. On or about October 19, 1962, plaintiff and COSTA
11
11ESA entered into a Lease entitled, "Reservoir Lease Agreement."
12
The size and scope of said Lease and the other documents that are
13
referred to therein are of such size and magnitude as to make it
14
impractical to attach them as Exhibits to this Complaint, but
15
plaintiff is informed and believes that all concerned parties
16
r
already have copies thereof.
17
79. By said Lease and Amendments thereto, COSTA MESA
18
t
covenanted to pay plaintiff the sum of $3,287,500.00 which is
e 19
payable as more particularly set forth in Section 4 thereof.
20
80. In breach of said covenants, COSTA MESA has failed
21
and refused to pay plaintiff semi-annual payment No. 14 in the
22
amount of $60,000.00, semi-annual payment No. 15 in the amount of
23'
$60,000,00, and the balance of semi-annual payment No. 16 in the
24
amount of $40,000.00, for a total amount of $160,000.00. Plein-
25
tiff has made demand on COSTA MESA for the payment of said sums,
26
but said defendant has failed and refu!;ed and still fails and
27
refuses to pay said sums, and the whole thereof remains due,
28
owing, and unpaid, to plaintiff's damage in said amounts by rcas(,�n
29
of said breach,
30
Por a Twelfth, Separate and Distinct Cause of Action
31
against defendant the CITY OF HUNTINGTON BEACH and defendants
3
-26-
4
5
6
10
11
12
13
14
15
16
17
18
19
201
21
22
23
24
25
26
27
28
29
30
51
321
1 1 DOES I through 100, inclusive, and each of them, plaintiff com-
eplains and alleges as follows:
TWELFTH CAUSE OF ACTION
(BREACH OF CONTRACT)
81. Plaintiff repeats and realleges all of the allcya-
tions cc,.ained in paragraphs 1-10 above as though set forth
herein in full.
82. At all times herein mentioned, defendant CITY CP
HUNTINGTON BEACH (HUNTINGTON !'EACH) was and is a municipal corpora-
tion organ. -;zed under the laws of the State of California.
83. on or about August 7, 1963, plaintiff and HUNTING -
TON BEACH entered into a Lease entitled, "Reservoir Lease
Agreement," whereby, among other things, pllaint`ff agreed in
substance and effect to lease for a period of 50 years 400-acre
feet of storage capacity in the Reservoir to HUNTINGTON BEACH.
11UN1.0INGTON BEACH, among other things, agreed to pay plaintiff
the sum of $2,810,000.00, which is payabl-i as more particularly
set forth in Section 4 thereof. The size and scope of said Lease
and ,he other documents that are referred to therein are of such
size and magnitude as to make it impractical to attach them as
Exhibits to this Complaint, but plaintiff is informed and believes
that all con-erned parties already have copies thereof.
84. Plaintiff has duly performed all of the conditions
and covenants of said Lease to be performed on its part except as
otherwise excused.
85. HUNTINGTON BEACH entered into possession of the
Reservoir pu-i-Fi.)art to said Lease and continues to occupy the
Reservoir in accordance therewith.
86. HUNTINGTON BEACH has paid, in accordance with said
Lease and Amendments thereto, the amount of rents that is due
and owing thereunder until and corunencing with semi-annual Lease
payment No. 14. Said payment No. 14 in the amount of $50,000.00,
-27-
1 along with semi-annual payment No. 15 and a portion of No. 16,
2 is now due and owing. On or about September 28, 1974, IIUNT1N(;T`)NL
3IBEACH tendered a payment of YG6,666,67, of which plaintiff credite(
4 $16,666.67 towards semi-annual payment No. 16 and $50,000`.00 as
5 payment in full for semi-annual payment No. 17.
6 87. There is now due and owing under said Lease and
7 Amendments thereto the semi --annual payment No. 14 in the amount of
$50,000.00, semi-annual payment No. 15 in the amount of $50,G40.00
9 and the balance of semi-annual payment No. 16 in the amount of
10 $33,333.33, for a total amount of $133,333.33. Plaintiff has made
11( demand on HUNTINGTON BEACH for the payment of said sums, but said
12j defendant has failed and refused and still fails and refuses to
13 Pay said sums, and the whole thereof remaips due, owing, and
14 unpaid, tc plaintiff's damage in said amounts by reason of said
15 breach.
16 For a Thirteenth, separate and Distinct Cause of Action
17 against defendants CITY OF UUNTINGTON BEACH and DOES l through
18 100, inclusive, and each of them, plaintiff complains and
19 alleges as follows:
20 THIRTEENTH CAUSE OF ACTION
i
21 (.BREACH OF COVENANT)
22 88. Plaintiff repeats and realleges all of the alleges-
23 tions contained in paragraphs 81, 82, 85 and 86 above as though
24 set forth herein in full.
25- 89. On or about T,uyust 7, 1963, plaintiff and HUNTING-
26 TON BEACH entered into z Lease entitled, "Reservoir Lease Agree--
27 ment." The size and scope ,,f said Lease and the other documents
28 that are referred to therein are of such size and magnitude as
29 to make it .impractical to attach them as Exhibits to this Com-
30 plaint, but: plaintiff is i lifnimed and believes ;that all con-
31 cerned parties already have copies thereof.
32
-28-
M
1
r
1
00. By said Lease and Amendm nts thereto, HUNTINGTON
2
BEACH covenanted to pay plaintiff the sum of $2,810,000.00, which
3
is payable as more particularly set forth in Section 4 thereof.
41
91. In breach of said. covenants, HUNTINGTON BEACH has
5
failed and refused, and continues to fail and refuse, to pay
6
plaintiff semi-annual payment No. 14 in the amount of $50,000.00,
7
semi-annuak payment No. 15 in the amount of $50,000.00, and the
8
balance of semi-annual payment No. 16 in the amount of $33,333.33,
9
for a total amount of $133,333.33. Plaintiff has made demand on
{
10
HUNTINGTON BEACH for the payment of said sums, but s4.id defendant
11
has failed and refused and still fails and refuses to pay said
�
F
12
sums, and the whole thereof remains due, owing, and unpaid, to
13
plaintiff's damage in said amounts by reason of said breach.
14
vor a Fourteenth, separate and Distinct Cause of Action
15
}against defendants, ORANGE DISTRICT, COASTALDISTRICT, LAGUNA BEACH,
16SOUTH
COAST, TRI-CITIES, COSTA MESA, HUNTINGTON BEACH, and DOES 1
I`
17
through 100, inclusive, and each of them, plaintiff complains and
18
i allege- as follows:
19
FOURTEENTH CAUSE OF ACTION
20
+ (DECLARATORY RELIEF)
i
21
92. Plaintiff repeats and realleges all of the allega-
22
_tions contained in paragraphs 1-11, 20, 29, 36, 50, 54, 58-62,
23
64, 71-72, 74, 79, 82-83, 85 and 90 above as though set forth
24
�1 herein in full.
93. At all tines mentioned herein, defendant ORANGE
26
$DISTRICT was and is a water district organized under the Municipal
27
Water District Law of 1911.
28
94. A dispute and actual controversy has arisen betwecii
29
the parties hereto regarding their respective rights and duties
30
under the Reservoir Agreement, the Supplementary Reservoir agree-
31
ment, and in addition,, a lispute and actual controversy has further
32
/ f
-29-
Pei
1
2
3
4
7
10
11
12
13
14
15
16
17
18
19
20
21
1
22 i
23
24
S'
25
26
27 F
29
t
30`
31
r2,
r.:
arisen between the parties hereto regarding the respective
i
rights and, duties under those certain Agreements alleged in para-
graphs 60-61, 64, 66, 72, 73, 83 and 89 and the Amendments thereto
The size and scope of these Leases and the ether documents that are
referred to therein are of such size and magnitude as to make it
impractical to attach them as Exhibits to this complaint, but
plaintiff is informed and believes that all concerned parties
already have copies thereof.
95. It is contended by the plaintiff, on the one hand,
;g�
z
k.
that:
i
k
a. The covenants requiring defendants COASTAL DIS-
TRZCT, LAGUNA BEACH, SOUTH COAST, TRI-CITIES, COSTA MESA and
i
HUNTINGTON BEACH to pay specified sums for crater storage rapacity
lin
the Reserv-Ar are covenants that are independent from any
covenant whether expressed or implied that plaintiff may owe to
said defendants under the above -mentioned agreements.
b. The Reservoir Agrooment, the Supplementary Reser
;F'';
vox Agreement and those certain agreements alleged in paragraphs
60-61, 64, 66, 72, 78, S3 ar_d 89 and the Amendments thereto do not
contain an express Covenant by plaintiff to said defendants for
abating, rebating, setting off, or otherwise diminishing or Leducin
the amount of rent that is due and owing when the Reservoir is sub-
ject to or in the process of being cleaned, repaired or replaced.
c. The Agreements above referred to in paragraph
95b do not contain an implied covenant by or between plaintiff to
said defendants for abating, rebating, setting off or otherwise
diminishing or reducin,y the amount that is due and c•i.ng under
those certain Agreements and the Amendments thereto when the Ro.-,ur-
voir is being cleaned, repaired or replaced.
d, Plaintiff and said defendants, and each of them,
are experienced, competent:, familiar, and have special expertise
in the areas of construction, operation, maintenance and control
-30
�j of grater works facilities, including, but not limited to, re.ser-
II voirs, such as the Reservoir that is the subject of this complai:,O.,
i
and the oppurtenant works thereto.
e. If plaintiff and said defendants wanted and
intended to diminish the amount of money that is due and owing
under the above -mentioned agreements during periods of cleaning,
repairing Q replacing the Reservoir, the parties would have
expressly written :.he agreements to provide therefor..
f. Plaintiff and said defendants did in fact
contemplate the need for cleaning the Reservoir and anticipated
both repai s and replacements to the Reservoir by expressly
mentioning and providing for said occurrences and circumstances;
however, said provisions do not provide for any abatement, rebate,
set-off, diminution, or other reduction of the amount of rent
that is due and owing when the Reservoir is being cleaned, replaced
or repaired.
Ig. Said defendants have demonstrated that the
Jamounts in question and under dispute are in fact due and owing
i
[by previously paying plaintiff for the rents during the period
Ifrom April, 1�'67, to March, 1968, when the reservoir was under-
S
Igoing repair on account of lining Failures to the walls of the
i
EReservoir, and was not used for water storage capacity during
said period.
h. Assuming, arguondo, that said defendants'
failure to pay said rents constitutes a mere breach of contract
instead of a breach of covenant, plaintiff has performed all
conditions, covenants, promises under said Agreements and
'Amendments thereto except as otherwise excused, and as a result
thereof said p_, ments under said Leases are now due and owing.
i. Plaintiff owes defendants no duty, contractual
or otherwise, to maintain or control the outflow of water either
.into or out of the Reservoir.
-31_
I
Pursuant to Section 7, which iu, the ,;amo i.n the
Agreements between plaintiff and said defendants as alloged in
3
paragraphs 60, 72, 78, 83 and 89, which provide in part that,
41
"[Plaintiff] shall not be responsible for the delivery of water
into or withdrawal of water from the Reservoir by or for [said
6
[defendants] plaintiff is not liable to said defendants
7
in an action, Qither at law or in equity, for damage or injury,
81
i- any, that may result from the flow of water into or out of the
gj
dam that is maintained in order not to cause physical damage to
101
the Reservoir by way of slides, cracks, fissures and sink holes.
k. Notwithstanding Section -,, which is the
12
same in the Agreements that are alleged in subparagraph j above
between plaintiff and said defendants, which provides in part that
14
[plaintiff] shall not impede, obstruct or binder [said
15
defendants) in [said defendants') use of its capacity in the
16
Reservoir," or any other provision in said Agreements and the
17
Amendments thereto, plaintiff is not liable to said defendants
18
in an action either at law or in equity for the damage or other
191�
injury, if any, that may arise as the result of limiting the flow
20,E
of water into and out of the Reservoir at such a rate as will not
21
cause physical damage to the Reservoir in the manner and nature
22
OF 511aeS, cracks, fissures and sink holes.
23
1. Said defendants' obligations have not been dis-
24
charged by any act or omission of plaintiff, its agents, servants,
25
or employees.
26
96. On the other hand, said dofendapts, and each of then,l
27
dispute each of the above contentions, and further, specifically
28
make the following contentions, each of which is d-sputed by
29
plaintiff.
30
a. The covenants requiring defendants COASTAL
311
DISTRICT, LAGUNA, SOUTH COAST, TRI-CITIES, COSTA MESA and HUNTING-
32
T014 BEACH to pay specified s,,ra for wat--r sto'.tage capacity in
-32-
M M Jill 11
s
the Reservoir are cove,iant-s that are dependent upon plaintiff's
obligation to provide water storage capacity.
b. The Agreements above alleged and the Amendments
thereto contain implied covenants by and between plaintiff and
said defendants for abating, rebating, setting off and otherwise
diminishing and reducing the amount that is due and owing under
those Agreements and the Amendments thereto when the Reservoir is
being cleaned, repaired, or replaced.
C. When the Reservoir is empty and therefore in-
capable of furnishing storing capacity for the defendants, the
defendants have no obligation to pay rent to plaintiff.
d. Whenever the Reservoir is empty due to a col -
apse of the walls or similar structural injury of substantial
magnitude, defendants have no obligation to pay rent to plaintiff
i
because the Reservoir is incapable of furnishing storage capacity
ito defendants.
:!7 e. The Agreement and the Amendments thereto re-
18 Iferred to in subparagraph a above contain an implied warranty for
19 jfitness. Plaintiff has impliedly warranted to defendants that
a
i
20 j at all times other than when the Reservoir is being cleaned or
21 in the process of minor repair, that the Reservoir will in fact
22 The usable and available for water storage capacity.
23 f Defendants have been excused from paying the
24 ' amounta that plaintiff claims are due and owing on account of*
25 plaintiff's breach of an implied warranty of fitness.
26 g. Pursuant to Section 7, which is the same in
27 the Agreements between plaintiff and said defendants as alleged
28 in paragraphs 60, 72, 73, P? and 09. which provides in part
29 than, [plaintiff] shall not impede, obstruct or hinder [said
30 defendants) in [said defendants'] use of its capacity in the
31 Reservoir," plaintiff cannot restrict defendants' use: of the
32 -33-
■
1
2
3
4
5
r
6
7
10
14
.41 12
s
13
E 14
t:
� 35
16
17
is
19
20
21
22
23
24
25
26
27
28
29
30
31
32'
Resertoir at such a slow r. ce as to interfere with defendants'
use of the Reservoir.
h. Any obligation that said defendants may have
has been discharged by the acts or omissions of plaintiff, its
agents, servants or employees.
97. No remedy o%her than the declaration of the re-
spective rights and duties of the parties affords a speedy,
,adequate and appropriate resolution of the controversies between
the parties as enumerated above.
THEREFORE, plaintiff prays for ,judgment against defend-
ants, and each of them, as follows:
i
i
PURSUANT TO THE FIRST, FIFTH, SIXTH, SEVENTH AND EIGHTH
I
CAUSES OF ACTION:
1. Damages resulting from the repairs to the 1iezervoir
Tin the sum of $1,003,621.46;
2. Damages resulting from additional engineering,
i
surveying, consulting, administrative, and other costs and re-
lated expenses according to proof;
1
f 3. Damages for loss of rents in the sum of
a. $110,000.00 plus interest at the legal rate from
If February 2, 1973;
! 1). $110,000.00 plus interest at the legal rater'from
IAugust 2, 1973
c. $73,333.33 ,plus interest at the legal rate from
February 2, 1974
4. Costs of suit incurred herein; and
5. For such other and further relief as the Court deems
r
( 4
1
PURSUANT TO THE SECOND CAUSE �OF ACTION:
2
1. Damages resulting from the repairs to the Resetvrir
3
in the sum, of $1,003,621.46, together with interest thereon at
4
the legal rate;
5
2. Damages resulting from additional engineering,
6
surveyinq, consulting, administrative, and other costs and re-
7
lated expenses according to proof, together with interest thereon
8
at the legal rate;
9
3. Damages for loss of rents in the sum of
10
a. $110,000,00 plus interest at the legal rate from
11
February 2, 1973;
K
12
b. $110,0G^,.00 plus interest at the legal rate from
U
13
August 7 197'
14
$73,333.33 plus interest at the legal rate fromx=,'
i
15
I February 2, 1974;_<f;
16�
4. Costs of suit incurred herein; and
t
F 17
S. For such other and further relief as the Court deems
18
proper.
19
20
PURSUANT TO THE THIRD CAUSE OF ACTION:
1. A declaration of the rights and duties of the parties
22,
under that certain Ruservoir. Agreement;
i
23
2. Costs of,suit incurred herein; and
i
24
3. Such rather a:1ci further relief as the Court der=ms
25
proper.
j
26
27
PURSUANT TO Tl.E FOURTH CAUSE OF ACTION:
2a
t
1. Damages in the amount of $1,296,7154.79 with s: Lol'k
29
thereon at the legal rate from the date of those damaged
30
2. Damages resulting from additional engineering,
31
Isurveying, consulting, administrative, and rather costs and
32
-35-
r related expenses according o proof;
! 3. Reimburse plaintiff for reasonable costs,
merits and expenses in accordanwe with Cade of Civil Procedure
Section 1246.3;
4. Costs of suit incurred nercin; and
5. For such other and further relief as the Court <ic�c-ens
proper.
PURSUANT Tt ..`IIE NINWI' CAUSE OF ACTION:
1. A declaration of the rights and duties of the parties
under that certain Lease and Assignment theWeof;
2. Costs of suit incurred herein; and
3. For such other and further relief as the Court deems
proper.
#.
PURSUANT TO
THE TENTH AND ELEVENTH CAUSES OF ACTION
`
1. Damages
in the sum of $160,000.00,
plus interest
�s
.,,Yereon
at the legal rate
froin the date of those
damages;
d
2. Costs of
suit incurred herein; and
3. For such
other and further relief
as the Court dciems
c
i
(proper.
PURSUANT TO
THE TWELFTH AND THIRTEENTH
CAUSES OF ACTION:
k
1. Damages
in the sum of $133,333.33,
plus interest.
thereon
at the legal rate
from the date of those
damages;
2. Costs of
suit incurred herein; and
3. For such
other and further relief
as the Court deems
proper.
PURSUANT TO THE FOURTEENTH CAUSE OF ACTIOX
1. .A declaration of the rights and duties of the parties
under the above alleged .Agreements and Amendments thereto;
..36
2. Costs of suit incurred herein; end
3. For such other and further relief as the Cotu. 1. If-'k .'11S
proper.
DATED
1975.
ALEXANDER BOWIE
A Law Corporation
By Spencer E. Covv,rt, Jr.
SP.L*NCER E. COVERT, JR.
Attorneys for Plaintiff
C L A I M
TO: METROPOLITAN IgATER DISTRICT
of SOUTHERN CALIFOPNIA
1111 Sunset Boulevard
P.O. Box 54153
Terminal Annex
Los Angeles, California 90054
RE: San Joaquin Reservoir
IRVII4E RA)7CH WATER DISTRICT, a California water dis-
trict, hereby and herewith presents the following claim to the
Metropolitan Water District of Southern California ("MWD"),
of $1,381,823 plus interest at the legal rate on the sum of
$110,000 from February 2, 1973, on the sum of $110,000 from
August 2, 1973, and on the sum of $11.0,000 from February 2,
1974, which claim arises from (i) the failure of MWD to comply
with the terms and conditions of that certain Agreement dated
April 4, 1962, between Mtr)D, Orange County Municipal Water 'Dis-
trict and Coastal Municipal Water District, with respect to
the construction, maintenance and operation of the San Joaquin
Reservoir, and (ii) the negligent acts of agents of MWD proxi-
mately resulting in damage to the San Joaquin Reservoir and
loss of rents for capacity therein.
1. The name of claimant is Irvine Ranch Water Dis-
trict, a California water district.
2. The address of claimant is:
�201 c u � •
amp s rive
Irvine, California 92664
For purposes of correspondence in connection with this
claim, claimant requests that it be addressed in care of its
attorneys, Bowie & Morgan, 610 Newport Center Drive, Suite
500, _Newport Beach, California 92660.
3, The circumstances of claimant's claim are as
follows:
i'
Under the above referenced Agreement with respect to
the construction, maintenance and operation of San Joaquin '
Reservoir, MWD covenanted to operate and maintain the Reservoir µ
in an efficient and orderly manner, consistent with recognized'.
9
engineering practices for the operation of water works facili-
ties. In breach thereof, MWD violated recognized engineering
x practices for the operation of .cater works facilities by with-
s W�' `
drawing water stored in the San Joaquin Reservoir at rates in,:,�
excess of those recommended for that facility and by good en- r
gineering practices resulting in considerable damage thereto
and the expenditure of $1,051,823 for the repair of such damages,
together with the potential loss of rents from lessees of cap-
acity therein in the sum of $330,000, plus interest thereon as
above set forth. In addition, the agents of MWD acting for
and.on its behalf withdraw water stored from San Joaquin Reser-
voir in a negligent manner after notice that such method of
withdrawal would result in damages to the Reservoir proximately
resulting in damage thereto in the sum of $1,051,823, together
with loss of rents for capacity therein in the sum of $330,000,
together with interest thereon as above set forth. The breach
of contract and negligent acts set forth above were not dis-
covered until approximately April, 1974.
�/ r
Dated �� 19�1�
IRVINE RANCH WATER DISTRICT
-2-
` CA
,rjf;;IE kv�
:I -lie metropolitan Water District of Southern California
October 17, 1974
Irvine Ranch Water District
c/o Bowie & morgan
Attorneys at Law
610 Newport Center Drive
Suite 500
Newport Beach, California 92660
Re: Claim of Irvine Ranch Water District
San Joaquin Reservoir
Gentlemen:
Notice is hereby given that the claim which you pre-
sented to The Metropolitan Water District of Southern California
ter`
on Auryust 30, 1974, was rejected by operation of law on
October 15, 1974,
j
Very truly yours,
Robert P. Will
General Counsel'.
Fred Vendig
°=5
k
Deputy General Counsel
S
Cos Angeles, Calif. / maihng address: Box 54153, Los Atngeles, Calif 90,114 Tvlcphone. (2131 6?6 4282
t
ADDENDUM AGR EkENT
(Newport Beach)
i
THIS ADDENDUM AGREEMENT made t day of1965,E
by and between CITY. OF NEt4PORT BEACH, M corporation, (here
in referred to as "Newport Beach!"), THE Ih,1NE COMPANY, a West Vir-
ginia corporation authorized to do business in the State of Califor-
nia, (hereinafter called "Company"), and IRVINE RANCH WATER DISTRICT?
S fv
a California Water District organized and existing under the Cali-
x�.
fornia Water District Law (herein referred to as "Irvine District"),'
ORANGECOUNTY MUNICIPAL WATER DISTRICT and COASTAL MUNICIPAL k'ATER
DISTRICT, each of which is a municipal water district formed under 3 ;
the Municipal Water District Act of 1911 (herein referred to as
"Orange County District" an,i "Coastal District"), respectively, � V�A;
COSTA MESA COUNTY' WATER DISTRICT, a public district created by spe-
cial act of the legislature and subject to the provisions of the Cal.-
fornia County Water District Law (herein referred to as "Costs Mesa
t
District"), and CITY OF HUNTINGTON BEACH, a municipal corporation
organized and existing pursuant to the Constitution anet Laws of. the I
State of California (herein referred to as "Huntington Beach").
W I T N E S S E T H
22 WHEREAS, The Irvine Company, a corporation organized un
23 der the laws of the State of West Virginia (herein referred to as
94 "Company"), by Grant Deed dated November 2 1962, recorded Novem
25' ber 14, 1962 in Book 6322, page 709 of Official Records in the of-
25 fice of the County.Recorder of Orange County, California, conveyed
271 to Irvine District certain real property in the County of Orange,
26 State- of California, therein described, subject to the express
29 condition subsequent that Irvine District would construct upon
30 part of eae land conveyed a reservoir, and thereafter cause the
same to be operated and maintained for: the benefit of the Company {
32 and Irvine District and others; and in said Deed the Company !=
XYAHi#SR4#-[tS�09tttON
OXi CSY727}Cb #Q•i�1',p91.4L � s .
m+t�t.t b4�It4tN�a
� 'swirlice?kdrRu�r�e'.J.vriswrtiashwvVu+wxwu._.
N
ME
reserved to itself and its successors and assigns one hundred (100)
2 acre feet of storage capacity in said reservoir; and
3 WHEREAS, said reservoir is now being constructed pursuant
4 to the conditions set forth in said Deed, and if and when com-
5 pleted, the maintenance, operation and repair of said reservoir
6 shall be performed by The Metropolitan Water District of Southern
-7 California, a metropolitan water district fol.-Led under the Metro-
8 politan Water District Act of the State of California,, pursuant
9 to two (2) agreements dated April 4, 1962, the first of which was
10 entered into by said The Metropolitan Water District of Southern
3.1 California, Orange County District and Coastal District (herein
3.2 referred to as the "Reservoir Agreement"), and the second of which
13 agreements was entered into by said orange County District, Coastal
14 District and Irvine District (herein referred to as "Supplementary
15 Reservoir Agreement"). Reference to each of said agreements is
16 made for further particulars; and
17 WHEREAS, the parties to said Supplementary Reservoir
IS Agreement have in writing modified the same in the particular
.19 set forth in a written agreement, a copy of which attached
2o hereto marked Exhibit "C" and made a part hereof; and
21 WHEREAS, concurrently herewith the Company has transferred
22 and conveyed to Newport Beach. out of its reserved one hundred (100)
23 acre feet of storage capacity in said reservoir four (4) acre
24 feet of water storage capacity therein, subject to the conditions
25 set forth in said Deed of November 2, 11062 under which the Company
26 reserved its said one hundred (100) acre feet of storage capacity,
27 and on the further condition that Newport Beach would concurrently
28 execute this Addendum Abreement to said Supplementary Reservoir
29 Agreement between said Orange County District, Coastal District
30 and Irvine District;
31 NOW, THEREFORE, in fulfillment of the 'Last mentioned con-
3a dition of said conveyance and in consideration of the mutual
-Atl >. gAci rante
3
4
5
7
0
10
12
121
I
13
14
15
16
17'
covenants herein contained., the parties to this Addendum Agreement
hereby agree as follows:
Section I. Newport Beach as the holder of said storage
capacity right in said reservoir pursuant to the conveyance there-
of as aforesaid hereby agrees to become, and by the execution of
this Addendum Agreement does become, a party to the said agreement
between said Orange County District and Coastal District and Irvine
District referred to herein as the Supplementary Reservoir Agree-
ment to which this Addendum Agreement is attached.
Section 2. Newport Beach further agrees that as the
holder of storage capacity rights in said reservoir it will pay
or cuise to be paid to said Orange County District and Coastal
District Newport Beach's share of the payment required under the
provisions of paragraph 7 of said Supplementary Reservoir Agree-
f ment ..
Section 3. Newport Beach further agrees that as the
-
holder of said storage capacity rights in said reservoir it will
18 pay to said Orange County District and Coastal District Newport
19 Beach`s share of the cost of replacement water in said reservoir
20 in accordance with t?te terms of paragraph 8 of said Supplementary
21 Reservoir Agreement,
22 In connection with the foregoing Section 3, Newport Beach
23 i, agrees that until it pays to said Districts, cts, or either of them, an
24 amount sufficient to pay its share of the replacement of water to
26 'a withdrawn from said reservoir pursuant to said paragraph 8,
26 Newport Teach shall not be .entitled to the withdrawal and delivery
22 of such water or any part thereof,
28 Section 4.. It is agreed that Newport Beach by becoming
29 a party to said agreement, will not be liaizl;e for agreements other
y 3O, than those referred to in. Sections 2 and 3 above, and that its
ZI right to use its storage capacity rights in said reservoir is sub
521ject to the previsions of said Sections.
'K'f�#t�as�es�6�csa�aaw '
ant rrrrxcr�s vu�ao 3.
s�s�u,isrrr�a .
IW4rh SA. ir*FWtA
4U, t."Y 7•r1 #d 1$1
1
2
3
4
S
7
'*'M�
Section 5. All demands to Newport Beach for payment for
water to be made by Newport Beach under the provisions of said
Supplementary Reservoir Agreement shall be deemed to have been
given to Newport Beach when deposited in the United States mail,
postage prepaid, and addressed to Newport Beach at the address
hereinbelow set forth, and with an allowance of 48 hours for de-
livery:
8 City of Newport Beach
3300 Newport Boulevard
9 Newport Beach, Californ-ia.
1(111 Section 6. The provisions of this Addendum Agreement
,y
11 shall inure to the benefit of and be binding upon each of the
12 parties and their successors and assigns.
{ 13 IN WITNESS WHEREOF, the parties hereto have affixed their
14.names the day and year hereinabove first written and have attached
15- certified copies of the ordinance or resolution of each of their
I
16 respective governing bodies authorizing same.
L
1.7 CITY OF NEWPORT BEACH j
18
19 ATTEST: or
20 1
21 ,City Clerk
22Approved as to form and execution
23 �
24 Attorn.ey
25THE 7_RVINE COMPANY
26 By 4r�l-�z 1�
x` 27- ATTEST: yr President
sW
Secretary
30 Approved as,, -to form and execution
t
31 ` r
�t
32 Attorney _
vdWMW'-'r O 00400h
ArMP#6Y Ale LAW
t rttiAit`�Ra,+mN,1X
43
Mxa�.+�c�'ccr«+Y�nNiA
! IRVINE RANCH WATER DISTRICT
2 ATTEST: By
President
V Secreta y
4
Approved as to form and execution
5 r,
6 Attorney
7 ORANGE COUNTY MUNICIPAL WATER DISTRICT
8 ATTEST: By,'�`
y" Acting President
9
!
Start'
10
Ap�xove as to f'ax and ex' ecution
12
Attorney
,
COASTAL
MUNICIF.aL 14ATER DISTRICCT�
14
ATTES By
President
Se2retary
16
Approved as to,fcxm and execution
17
,i y--
18
Attorney
19
, �' f COSTA
MESA COUNTY WATER DISTRICT
20
ATTEST- By
President
t Sec-•etary
22
Approved as to, arm qKexecution
24
Att�o e
25
CITY OF HUNTINGTON BEACH
26
ATTESi:
t •'
27
1
F
`� F Czty C exk
Approved, as `to foiWqnd ecution
29 a
Zi ! A arney
32
3'discrSt�CoE A. ridR�►t'
�NIS 1aUatfaYH�
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2
3
4
5
6
7
10
11
12
13
}
14
15
16
17
is
19
20
21
22
23
24
25
26
27
28
2�
301
311
32
'WY?;":;lR'sPCi. 6C5RCS5Yt.'
^'ttZr.$4"'.''t LAW
D�A�'F"YYS*Z3t NA'cYoNAL
i'—PSO%.I3`:i: MN "n . 411
DE IT MSOLVi:D by the Board of Directors of Orange CocMty
'rimticip a3 Uater District that the appropriate officers or this Dis-
trict be and they are nuthosized to enter into an Addendum Agree-
ment re transfer by The Irvine Crrupnny to the Ciity of :aa- v-po::t
Beach of 4 acre feet of eater storage capacity iz the reservoir
sc'bstantially in the form of agreement submitted to this meeting.
Said resolution was adopted, on roll. ca3 1, by the follo;:aa
in3 Grote:
-YES Directors 'Hollis, Johes, Price, Allen
NO ;aS : D-Lrectox-s McColloch
A1,S NT: Directors
STAT_?a OF CALIFO'NIA ) Ss.
COUNT , Y OF 0.-: uL
I, T. S . Ui DDOCK, do hereby certify and declare that I am the
Secretary of the Board of Directors of Orange County Municipal Wa-
ter District and na'.e this certificate in that capacity. 1 further
certify and declare that on the l7th day of March, 1965, at a regu-
lar meeting of the Board of Directors of Oran e County 1 unicipal ti-
ter District, held in the Conference Room, Boyle engineering 412
South Lyon Street, in the City of Santa Ana, County of Oran e, State
of California, Resolution No. 411 of the Board of Directors of said
District wasculy and regularly passed and adopted, and that the forel.
go:Ln, is a full, true and correct copy of said resolution.
4
DA` ED: This ,]ZtL,, day of 1965.
Secretary of the Board or Directors ni. �
Otange County 112micipal Water District.`
j
x
Mill" ,.-v,.. n•a 'iW.YX
6
7
a
RESOLUTION i\ro. 580
BE IT REFOLVE'D by the Board of Directo. , of COASTAL IVIUJ ICIP AL
WATERS DISTRICT that the appropriate officers of this District be and they
are authorized to enter into an Addendum Agreement pertaining to transfer
by The Irvine Company to the City of Newport Beach of 4 acre feet of water
storage capacity in the reservoir substantially in the form of agreement sub-
mitted to this meeting.
i o Said resolution was adopted, on roll call, by the followingvote:
xl AYES: Directors AVIS, PATiiICKs iiE1.111tS,
NOES: Directors TURICM A10 PATTERSOIJ
` '..Oil
1.3ABSEWI : Directors
Nt3Iv'E
�4
I7 STATE OF CALIFORNIA )
8 County of Orange ) ss.
19
I, BESSIE C. BRISCOE, do hereby certify and declare that I am the
20
Secretary of the Board of Directors of Coastal Municipal Water District and
make this certificate in that capacity> I further certify and declare that on
21
the 14th day of April, 1966, at a regular meeting of the Board of Directors of
Coastal Municipal. Water District, meld in the Board meeting room, Laguna
22
Beach County Water District Building, in the Ct r d Laguna Beach, County
of Orange, State of Calliornia, Resoi-ation No. S�O of the Board of
23
Directors of said District was duly and regularly passed and adopted, and
that the foregoing is a full, true and correct copy of said resolution.
24
DATED this 14th day of April, 1966.-
P
r_
27
Secretary of the Board of Directors
of Coastal Municipal Water District
?R
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STATE OF CALIFORNIA )_
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH)
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records of the
1 5:
City of Newport .Beach filed and maintained in my office, the foregoing
� f
Resolution No. 6317 was duly and regularly
adopted, passed, and approved b the City Council of the City of Newport
p pP Y Y Y ` �
Beach, California, at a regular meeting of said City Council held at the
r "
f
regular meeting place thereof, on the 14th day of March ,
1966 , by the following vote, to wit:
AYES, COUNCILMEN: parsons, Marshall, Elder, Gruber,
Cook, Forgit, Shelton
NOES, COUNCILMEN: None
ABSENT, COUNCILMEN None
Dated this 23rd day of March , 1966
City Clerk and E Offci G xk'of the
City Council, Cx y of Newport Beach,
State of California,
t
A
ADDENDUM AGREEMENT
(Coastal Municipal Water District)
THIS ADDENDUM AGREEMENT made this i i- day of
�ce lJc , 196 by and between IRVINE RANCH WATER
DISTRICT, a California Water District organized and existing
under the California Water District Law (herein referred to
as "Irvine District"), and ORANGE COUNTY MUNICIPAL WATER
DISTRICT and COASTAL MUNICIPAL WATER DISTRICT, each of which
is a municipal water district formed under the Municipal Water
District Act of.1911 (herein referred to as "Orange County
District" and "Coastal District"), COSTA h,P:SA COUNTY WATER
DISTRICT, a public district created by special act of the
legislature and subj ct to the provisions of the California
County Water District 'Law (herein referred to as "Costa Mesa
District"), and CITY OF HUNTINGTON BEACH, a municipal c)rpora
tion organized and existing pursuant to the Constitution and
laws of the State of California (herein referred to as
"Huntington Beach")
W I T N E S S E T H
WHEREAS, on the ) �-h day of-c.196-�,
Coastal District and Irvine District entered into an agreement
pursuant to which Irvine District agreed to lease to Coastal
District 200 acre feet ref water storage capacity in a reservoir
to be constructed by Irvine District and coastal District agreed
to pay to Irvine District a fee for said capacity, subject to the
terms and conditions of said agreement; and
. AREAS, said reservoir is now being constructed by Irvine
District and if and when completed, the maintenance, operation and
repair of said reservoir shall be perfora. by The. Metropolitan
v
Water District of Southern California, a metropolitan water
district formed under the Metropolitan Water District Act of
the State of California, pursuant to two (2) agreements dated
April 4, 1962, the first of which was entered into by said
The Metropolitan Water District of Southern California, Orange
'
o
County District and Coastal District, designated Exhibit '!,V
attached hereto and made a part hereof (herein referred to as
_
the "Reservoir Agreement"), and the second of which agreement was
entered into by said Orange County District, Coastal District and
Irvine District, designated Exhibit "B", attached hereto and made
1n,
a part: hereof (herein referred to as ",,upplelten.tary Reservoir
.-
Agreement") and,
z.
WHEREAS., Coastal District, as the holder of s:-id right`°
s
a
to said 200 acre feet of storage capacity in said reservoir as
aforesaid, enters into this Addendum Agreement to said Supplementary
Reservoir Agreement (Exhibit "B") for the purpose of assuming the
payment of its share of the hereinafter specified obligations
x
owing to said The Metropolitanx Water District of Southern Calif-
ornia provided for in said Supplementary Reservoir Agreement.
NOW, THEREFORt, in consideration of the mutual covenants
herein contained and of the mutual benefits to be derived therefrom,
the parties to this Addendum Agreement hereby agree as follows:
Section 1. Coastal District, by the execution of this
Addendum Agreement, hereby agrees that as the holder of storage
capacity rights in said reservoir, as aforesaid, it will pay or
cause to be paid to said The Metropolitan Water District of Southern,
.California, Coastal Distri`t's share of the payment required to be
made to said Metropolitan Water District of Southern California
under the provision;�; of paragraph 7 of said Supplementary Reservoir
Agreement.
2 -
s
Section 2. Coastal District further agrees that, as
the holder of said storage capacity rights in said reservoir,
it will pay to said McLropolitan Water District of Southern
California the cost of replacement water in said reservoir, in
accordance with the provisions of paragraph 8 of said
Supplementary Reservoir Agreement.
Section 3. Said Coastal District further agrees that
by the execution of this Addendum Agreement it will not be
liable for any agreements other than those hereinabove referred.
to in Sections 1 and 2 above and that it will not attempt to
obstruct or interfere with the other provisions of said
Supplementary Reservoir Agreement.
Section 4. All demands to said Coastal District for
payments to be made by it shall be deemed to have been given to
Coastal District when deposited in the United States mail,
postage prepaid, and addressed to Coastal District at the
address hereinbelow set forth, and with an allowance of 48 hours
for delivery;
Coastal Municipal Water District
IM
306 Third Street
Laguna Beach, California
Section 5. The provisions of this Addendum Agreement
shall inure to the benefit of and be binding upo each of the
parties and their successors and assigns
IN WITNESS WHEREOF, the parties hereto have affixed their
names the day and year'hereinabove first written and have attached
certified copies of the ordinance or resolution of each of their
3
4
respective governing bodies authorizing same.
IRVINE 'RANCID WATER DISTRICT
By ((�j />1 �. P 0
' President
ATTEST;
-r 4 / ll _ r
Secretary
}
Approved as to -Form and Execution:
s.
Attorney _ .3
ORANGE
�rCOUNTY
�7MUNICIPAL
WAFTER DISTRIC
President
ATTEST::, ..
Secretary
Lved as o Fo n-and Execution;
At ney r,
COASTAL MUNICIPAZ 14ATER DISTRICT
ATTEST: President
Secretary
Approved as to Form -and Execution:
1
Attorney
COSTA,MESA COUNTY WATER DISTRICT
President
ATTEST:
r ;
w
Secretary
Approved as -to or and Execution:
Atto� ey'
CITY' OF HUNTINGTON BEACH
ATTES
C,;e
I e ,r'
-Approved. iLs toi'P^rm anal. Execution;
Attorne 4
K.J
ADDENDUM AGP 14ENT
(The Irvine Company)
THIS ADDENDUM AGREEMENT made this 4- day of
�i , 1964, by and between THR_IRVINE COMPANY, a
corporation organized under'the laws of the State of West
Virginia (herein referred to as "Company"), IRVINE RANCH
WATER DISTRICT, a California water district organized and:
existing under the California Water District Law (herein
referred to as "Irvine District"), and ORANGE COUNTY
�
KIUNICIPAL WATER DISTRICT and COASTAL 14 NICIPAL WATER
DISTRICT, each of which is a municipal water district
t
formed unc3f3r the Municipal Water District Act of 1911
(herein referred to as "Orange County District" and
'"Coastal District"), COSTA MESA COUNTY WATER DISTRICT, a
public district created by special act of the legislature
and subject to the provisions of the California County
Water District Lxg (herein referred to as "Costa Mesa Dis-
trict") , and 0112Y OF liUt�"::' GTON BEACH, a municipal core:;-
ratio; organized and existing pursi:ant to the Constitution
9.r.d haws of the State of California (herein referred to as
..:u-ati.ngton Beaea") ,
{
W I T N E S S E T H:
WHEREAS, the Company, by Grant Deed dated Novem-
ber 2, 11?62, recorded November 14, 1962 in �oolc 6322,
page Tj9 o"; Official Records in the office of the County
Raoor6.?dr of O"zange County, California, conveyed to Irvine
U strir4t oortain. real property in the County of Orange,
State of California, therein described, subject to the
express condition subsequent that Irvine District would
construct upon part of the land conveyed a reservoir, and
thereafter cause the same to be operated and maintained
for the benefit of the Company and Irvine District and
othars; and in said deed the Company reserved to itself
and its successors and assigns one hundred (100) acre feet
of storage capacity in said reservoir; and
VIIEREAS, said reservoir is now being constructed
pursuant to the conditions set forth in said deed, and if
s and when completed, the maintenance, operation and repair
of said reservoir shall be performed by The Metropolitan
Water District of Southern California., a metropolitan
water district formed under the Metropolitan Water District
Act of the State of California, pursuant to two (2) agree-
ments, dated April. 4, 1962, the first of which was entered
into by said The Metropolitan Water District of Southern
California, Orange County District and Coastal District,
(herein referred to as the "Reservoir Agreement"), and the
second of which agreements was entered into by said Orange
County District, Coastal District and Irvine District,
(herein refereed to as "Supplementary Reservoir Agree-
ment") Reference to each of said agreements is made for
further particulars and
WHERFI&S, the parties to said Supplementary
Reservoir Agreement have in writing modified the same in
the particulars set forth in a written, agreement, a copy
of which is attached hereto marked Zxhtbit "I" and made a
part hereof; and
2
_a
,._
WFMM&S, the Company as the holder of said right
to said one hundred (100) acre feel of storage capacity
in said reservoir as reserved in the deed aforesaid, do -
sires to be,.ome a party to said Supplementary Reservoir
Agreement and to assume the obligations hereunderas here-
inafter designated:
L101•I THEREFORE, in consideration of the mutual,
covenants herein contained and of the mutual benefits to
be derived therefrom, the parties hereto agree as follows:
Section 1... The Company, as the holder of said
storage capacity rights in said reservoir as reserved in
the deed aforesaid, hereby agrees to become, and by the
execution: of this Addendum Agreement does become, a party
5
to the said Supplementary Reservoir Agreement, to which
3
this Addendum is attached.
Section 2. The Company further agrees that as
4he holder of storage capacity rights in said reservoir it
will pay or cause to be paid to said Orange County Dis-
triot. and Coastal District the Company's share of the pay-
ment required under the provisions of Paragraph 7 of said
Supplementary Reservoir Agreement, as amended aforesaid,
section 3. The Company further agrees that as
the holder of said storage capacity ri&hts in said reser-
voir it will pay to said Orange County District and Coastal
District the Companyrs share of the cost of replacement
water in said reservoir in accordance with the terms of
Paragraph 8 of said Supplementary Reservoir Agreemeat, as
so amended.
!i
Section 4• ),:z? the event the Company exercises
its right undsr STotion ? below to asaign all or a portion
of its reserved capacity rights the Company agrees to hold
Irvine District, Orange County District, and Coastal Dis-
trict, and each of than, harmless from any 'damage or
liability which they or either of theta may sustain by
ti.
reasca of the breach of contract by or failure of any aa—
signee of the Company to pay all charges for the water
r"
necess.-iry to fill the 100-acre-foot storage capacity
rights reserved to the Company.
Section Ihs Company agree;. thaw by becoming
IN,
a party to said Supplementary Reservoir Agreement it
not be liable for agreements other than thosereferred tor'=_,.
Y
in Sections 2, 3 and 4 above, and in Section 7 below, any
f
, .a.t it will not attempt to 6balruct or interfere with the
otbar provisions of said Supplementary Reservoir Agree-
ment as amended aforesaid.
Secti-)r, 6. x1.., demands to, the Company for pay -
merits to be made ::;,' tlxa Company shall be deemed to have
been given to the Company when deposited in the United
States mail, postage prepaid, and addressed to the Company
at the address hereinbelow sat forth, and w t'i an allow-
ance of 48 hours for delivery:
xbe Irvine Company,
Post Ofxica Box 37,
Irvine, California.
M a,
See-c, on 7. It is understcod and agrood that tha
Company' may from time to time transfer and assigxi P portion,
cn,
or all, of its capacity rights iit the reservol.r. yt is
mutually a.gre�c, that upou any such as:sig.=ent or transfer
the Cimrany will be relieved of its obligations and li:-.
bili ties und, = this Addendum Agreement, with the exception
of Section 4 hereof, and the Supplementarx 7 Reservoir
Agreement, as amended, as to the port on of its capacity
rights so assigned, pi-ovi.ded that upon any ,such assignment
the Co:fpany shall impose the condition that the tran.feree
of such capacity right LTill execs to and deliver to the
than parities to said Supplementary Rese.:voir Agreement, as
amended, an Addendum Agreement in tho form as attached
hereto mark,d Exhibit "D", vihich by this reference is made
a part ha re of .
Section 8. The provisions of this Addendum
Agreement shall, inures. -j the benefit o:. ' and be binding
upon each of the parties and their successors and. assigns.
IIv WITNESS VYI=OF, the pant; 1 s hereto have
affixed their names the dad and year he,reinabove first -
written and have attachf-d certified copies of the ordi-
nance or resolution o,i' each of their respective governing
bodies authorizing same.
5
IRVIi\2 RANCH WATER DISTRICT
By
Attest: Prasi e- tit
-714
Secretary
Approved as to Form And Execution:
Aiornney
ORANGE COUNTY 1,UNI^ZPAL
WATER DISTR W
.'
=_ _ :,y
Att st
_ f
'
• '�
` Sacre, ary
�/2 a ,p
President
Ap oved as .�,VForfm:%nd F,XaGilt ion:
4— �,_--�
s.
COk"PIAL tiiWi IC I P WATER
T'±S1RIC^l
4
�
Attics.. ,
By n�{/ _ter, -vLt .o
I '.,
President{
Se"Ci6tdZ'y
Appr`ov/e' d �j../s/* tq-F/orrm a.nd Execution:
At Forney
(1
COSTA MESA COUNTY WATER
DISTRICT
9
rz
By
x d .
Pre art
�
%_cEratary
1
t t' orzn andExecution:
Approved, a� . �.
�s
_6
J
r
t
3
4
5,
6
10
13
14
15
M
AMENDMENT TO AGRF-El-,F,NT
�9996eJdr.'
THIS AGREEMENT vide this 4-t6— day of , 1963, by
and between ORANGE COUNTY MUNICIPAL WATER DISTRICT (Orange District)
and COASTAL MUNICIPAL WATER DISTRICT (Coastal District), each a
municipal water district organized under the Municipal Water Dis-
trict Act of 1911, and IRVINE RANCH WATER DISTRICT (Irvine Dis-
trict), a California Water District organ -.zed under the California
Water District Law, and COSTA MESA CO'tNTY WATER DISTRICT (Costa
Hasa District), a public district created by special act of the
le4= gislature and subject to the provisions of the California County
Water District Law, and the CITY 011' HUNTINGTON BEACH (Huntingnn
Beach), a municipal corporation organized and existing pursuant
to the Constitution and laws of the State of California.
WITNES,SET H—
.16 F'Xplanatory Recitals
171 1. Under date of April 4, 1962 Orenge District, Coastal
181 District and Irvine Listrict entered into a written agreement (sup-
2.9 plementary Reservoir Agreement), xrader which agreement irvine Dis--
20 trict undertook to construct, and is now constructing, a reservoir
211 for the storage of water upon order of Irvine District or any other
22 parties who may become parties to said agreem-ant.
23 2. Said Supplemeatary Reservoir Agreement provides, among
24 other things, that Irvine District may enter into w-itten, agreements
25 for storage capacity in said rese-rvo-tr with Orange District, Coastal
ic agencies within either of said 6is-
,6 District, or other local pub
S7 tricts, and that any such contracting party shall by Addendum Aoree-
I
28 mer4t become a party to said Supplementary Reservoir AgC3reement.
29 SubseT,ent to the execution of said Supplementary Re-
30 servoir Agreement, Cost._,5 Mesa District and Huntington Beach acquired
,I storage capacity rights in said reservoir and by written addendum
each of them became and now iF,- a party to said Supplementary
A'K,OA,4 0,Y Af LAW
CkttlrAv
044 40,40WAY
Reservoir Agreement..
4. Irvine District is constructing said reservoir pur-
suant to the provisions of a Grant Deed from THE ,iE COMPANY,
(The Company), a corporation, recorded in Soon 6322, page 709 of
Official Records in the office of the County Recorder of Orange
County, in which deed The Company reserved to itself and its suc-
cessors and assigns, and now holds, one hundred (100) acre feet of
storage capacity in said reservoir, and The Company desires to be-
come a party to said Supplementary Reservoir Agreement by the ex-
ecution of an addendum thereto in the form attached hereto (with-
out exh�:bits) marked Exhibit "C" and ;made a part hereof.
5. The present parties to said Supplementary Reservoir
Agreement hereinabove named, in, order to enable The Company, a pri-
vate corporation, and other private parties, to become party to
said agreement, desire to modify the provisions of paragrap' %4
thereof by adding therc'_o the words "or private" as hereinafter
1^ designated.
is'� NOW, THEREFORE in consideration of the mutual covenants
19 herein contained and of the mutual benefits to be derived there-
20 from, the parties heret7 agree as follows;
21 Executory Agreements
22 6. Th& paragraph: 14 of said Supplementary Reservoir Ag
23 ment be and the same is hereby modified to read as follows;
24 "1.4. Subject to all of the terms and conditions
QS of the Reservoir .Agreement, Exhibit A, Irvine Dis-
trict may enter into agreements for storage capacity
27 in the reservoir with Orange District, Coastal Dis
28 tr.ict, or other Local p:ablic or private agencies
29 within Metropolitan District and within eitzer Orange
30 District or oastal District; such contracts shall
31 be in writing and shall. be made by addendum to thzs
el_
r.
c
4,
1.
'1
2
�l
ra
5i
6
7
8
9
thereupon become a party to this agreement; ,and
Orange District and Coastal District shall have
no right to store water in the reservoir for their
respective districts, except as provided herein."
7. That in paragraph 18 of said Supplementary Reservoir
:Agreement being the said agreement of April 4, 1962 entered into
between Orange County Municipal Water District, Coastal Municipal
Water District and Irvine Ranch Water District it is provided as
follows:
10 "Irvine District agrees to hold orange District
11+ and Coastal District and each of them harmless from
12 any damage which they or either of them may sustain
13 by reason of the execution and delivery of sai;i re
14 servoir agreement hereto attached."
15 It is agreed that the said amendment to paragraph 14 as hereinabove�
16 set forth in paragraph 6 hereof enlarging the rights of Irvine 1
i . t
17 Ranch Water Distract to enter me agreements for stor.,ge capac� y
18 in the reservoir with "private" agencies is a risk within the in-
19 tended protections of said paragraph 18 and Irvine Ranch Water
20 District agrees that any obligations, including but not in an
21 array limited to any chart es for water which may be obtained b3
221 either public or private agencies as provided by said agreemen,
23 of April 4, 1962 as herein amexided, Which orange County Muni(-, 1.
24 Water District and Coastal Municipal Water District or eiti4
"25 them may incur in acting in compliance with said paragraph i
26 ameaded in paragraph 6 hereof are within the v otections of said
27 hold harmless agreement
28 8. Said Supplementary Reservoir Agreement, as hereinabove
29 modified shall continue in full force and effect until terminated..
30 IN WITNESS WHEREOF, the parties hereto have affixed their
31 names the day and year hereinabove first written and have sttached
32 certified ccgies of the ordinance or resolution of each of their
rdo �. mpa.Lbrxti
Will
Gactvonrzih�
I
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2
5j
5
ry
g
9
14
11'
12
13
14
15
15
17
18
1
19
2c
21
22
23
24
25
26
27
28
29
31
3,2
Wfk1 140r *, 4J0ao0"
141MAX&AT LAW
4C4m U kt+JAP W AY
�s tx Yx A+ra �taM�nr�a+
respective governiizb bodies authorizinb same.
j ORANGE COUNTY Mt MIl:IPAL WATER
DISTRICT
i
ATTEST: President
Secretary
Appre(ved as to Frorm d Execution:
Attorney
COASTAL i4NNICIPAL WATER DISTRICT
ri ,s
ATTEST: President
Secretary
Approved as to Form and Execution:
Attorney
TWI-NE RAtiCH WATER DISTRICT
I�
ATTEST fires i;ient
f
58LYetary
(I� Approved as to Form and E z!ca.t.-on
E.
rney
COSTS`. MSA C;GMTY WATER DISTRICT
Ey-
ATTEST: President 77 �J
a
lit Secretary
I Approved as to " i Jand Ex ;cution;
Attoxn-y �� �)t•
�S
;i
it
C I TZ 02 HU T,,INGTON BEACH . - j
3 t1 ATTEST: Mayor
5 r t'ity G1erTc
ff
8 Approved as to Form and cxecat1 OT/ �
81 Attorne;?
10.1
121} 4 '
�( =�•k:
15i
161
17
i
18j
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20
2
22
23
2
25
261
27
I
28
29 6
3C�
XrP�t�tPanmr b.�can��rw "�
Wks�i7+'J: avC Mx7tGNxr
i.AtdX CAYiif11`dtc �
$APs"YKJMf:/a,�.'Rr"fk`aF2a1r,
ADDnTDUM AGR.EM1ENT
WHEREAS, op the % I`h day of A r , -/- , 1963,
the City of Huntington *Fflach (hereinafter sometimes referred to
as "Huntington Beach"), a muni4ipal corporation duly organized and
existing pursta.ant to the Constitution and lams of the State of
California, and acting pursuant to its Charter of 1937, approved
by Stats. 1937, p. 2975, as amended, and Irvine entered into an
agreement pursuant to which Irvine agreed to lease to Huntington
Beach 400 acre feet of water storage capacity in a reservoir to
be constructed by Irvine, and Huntington Beach agreed to pay to
Irvin- a fee for said capacity, subject to the terms and condici,ons
of said agreement; and
WHEREAS, Section 6 of said agreement contains a provision
as followst
"Maintenance, Qeratio-n and Repair. The main-
tenance, operation and repair of the reservoir shall
be performed by The Metropolitan Water District of
Southern Califfornia, a metropolitan water district
formed under the Metropolitan Water District Act of the
State of California, pursuant to two (2) agreements dated
April 4, 1962, the first of which was entered into by
The Metropolitan Water District of Southern California, and
Orange County Mlunicsipal 'dater* District and Coastal
Municipal dater District, both of which are municipal
water districts :formed under the Munioipal. Water
District Act of 1911, designated "Exhibit A";, attached
hereto; and the second of which was entered into by
;said grange County Municipal Water .Distric , gpid
Coastal Municipal Water District and Irvine, designated
",Exhibit "'", vttached hereto. Huntinguon Beach shall not
be zobli&,tel to contribute toward the cost of said
maintenance, operation, repair or replacement of facilities.
YluntIngton Beach, by :its execution of this agreement,
represents that it has the right to have water delivered
Into said reservoir through the water transportation
facility, to wit:; that certain v;ater transmis6ion line
vo be constructed and to be known as the "East Orange
Oounty'Veedor No, 2". Huntington Beach agrees to
become a party to said agreement above referred to and
designated "Exhibit B" ,, which addendiam shall specify
Huntington Beach's rights and duties with respect to
0-1
er
delivery of crater into said reservoir and withdrawal of
water from said resprvoir on behalf of Huntington Leach."
NOW, THEREFORE, in of the mutual covenants
herein contained, the parties to this Addendum Agreement hereby
agrees as fol.l.ows
4n x,
Section 1. Huntington Beach agrees to become a party
.;
to the Agreement between Irvine, Orange County Municipal Water
District ?nd Coastal Municipal WF`er District to which this
Addendum Agreement is attached.°
1� N
Section 2. Huntington Beach agrees that it is one of
the "other local parties" referred to in Section 7 of said Agree-
ment and further agrees to pay to Orange District and Coastal
District its share of the payment *iquired under said Section 7.
Section 3. Huntington Beach agrees that it is one of
the "local parties" as referred to in Section 8 of said Agreement
and farther agrees to pay its share of the cost of replacement
water in accordance w.�..h the terms of said Section 8.
Section 4. Huntington Beach agrees that by becoming a
party to said agreement it will, not -a liable for agreements
oxher than those refereed to in Sections 2 and 3 above and
that it will not; attempt o obsvruet or interfere with the
n=
other provisions oi" said reservoir. agreement.
Section 5. All demands for payment by Huntington Beach Via'
shall be deemed to have been given to Huntington Beach when
deposited in the United States mail, postage prepaid, and addressed
to Huntington Beach at the address nereinbelow set forth and with;
2.
WON.,
an allowance of 48 hAitr for delivery:
C_� Huntington Beach
ra.:io
Hu .t•.ngton Beach, California
a
Section 6. The provisions of this Addendum Agreement
shall inure to the benefit of and be binding upon each of the
z:
parties and their successors .and assigns.
IN WITNESS WHEREOF, the parties hereto have affixed
their names the day and year hereinabove first written and
have attachii certified copies of the ordinance or resolution V'7
of each of their respective governing bodies authorizing same. "A
kl,
ORANDE C07Y MUNICIPAL WATER DISTRICTBy
it
President
ATTEST:
Tampor Secretary
Approved as to Farm and
"cutlon: ...,
Attorney
;t
COASTAL V1UN15CPAL ,1Wk R DISTRICT
By
President
I
�ITTBSTz ,.
' k retary
Ap oved as t4 Form and
tion:
't"T Attorn y
IRVINE RANCH WATER DISTRICT
B7
Fresident
ATTEST:
Secr6tary
Approved as to Form and
.+ RESOLUTION NO. 56
A RESOLUTION OF THE BOARD OF DIRECTORS OF
COASTAL MUNICIPAL WATER DISTRICT AUTHOR-
3 IZING THE PRESIDENT AND SECRETARY TO EXE-
CUTE ADDENDUM AGREEMENT DATED AUGUST 7,
4 1963, BETWEEN ORANGE COUNTY MUNICIPAL WATER
DISTRICT, COASTAL MUNICIPAL WATER DISTRICT,
5 IRVINE RANCH WATER DISTRICT, AND THE CITY
OF HUNTINGTON BEACH.
`t WHEREAS,, COASTAL MUNICIPAL WATER DISTRICT is one of the
8 r contracting parties to written agreements with Orange County Municipal Water
District, Metropolitan Water District and Irvine Ranch Water District, pertainil
10 to the cons'.ruction of a water reservoir near East Orange County Feeder No. 2,
-L-- which said agreements are dated April 4, 1962; and
12 WHEREAS, said agreements provide among other things for the grant- `
13 irg of capacity in said water reservoir to other public agencies within Coastal `fl
34 Municipal Water District by lease or other arrangement, and said agreements
15 } provide for such agencies acquiring capacity in said reservoir to execute an
16 +j Addendum Agreement with Orange County Municipal Water District and Irvine
17 Ranch Water District and this District; and
18 WHE-':EAS, the City of Huntington Beach has acquired capacity in said
-19 reservoir by lease agreement with the Irvine Ranch Water District, a copy of
20 which agreement has been supplied to this District and it is presented to this
21 Board for its approval and execution, a proposed form of Addendum Agreement r
22 dated August 7, 1963, and it appears to be in the best interests of this District
23 to execute the same;
24 NOW, THEREFORE, in consideration of the premises, the Board of
25 Directors of COASTAL MUNICIPAL WATER DISTRICT does hereby RESOLVE
26 and ORDER as follows:
27 Section. 1: That the President and the Secretary of this District be and
28 they hereby are ordered a?id directed to execute on behalf of this D .str .ct that
29 pertain Addendum Agreement dated August 7, 1963, between. the City of Hunting-
30 ton ,Beach, Orange County Municipal Water District Irvine Ranch Water District
and this District, pertaining to the lease by the City of Huntington Beach of capa-
32 city in the water reservoir thsrein mentioned,
RiPtkt,. � NhJ9V�7t
i'attwtVt rc,go�
,ago k4�tsa antar .,.'f ..
w
Section 2. That a certified copy of this resolution be attached to each
2 copy of the Addendum Agreement executed.
3 ADOPTED, SIGNED AND APPROVED this 12th day of_§Eptern er
4 1963.
6
A'I T ST: 1 restdent
----Secretary r .ram
10
1131.5
161
a.7
3.8
19
20
21
22
23
24
25
26
27
28,
29
�0
RESERVOIR LEAS. AGMEMENT
WHEREAS, the Irvine Ranch Water District (hereinafter
sometimes referred to as "7-:wine") is a -,aublic district duly
organized and existing under and by virtue of the California
Water District Law, Division 13 of the Water Code of the State
of California; arti
WHEREAS, the City of Huntington Beach (hereinafter
sometimes referred to as "Huntington Beach") is a municipal'
corporation organized under the laws of the State of California;
�'.
and
t
SEAS, both Irvine and Huntington Beach have need'
for water storage facilities; and
WFMEAS, 1mrine has pourer to acquire, plan, construct;,
maintt,in, improve, operate and keep in repair the necessary
works for the production, storage, transmission and distribution
of water for irrigation, domestic, industrial and municipal pur-
poses, and any drainage or reclamation works connected therewith
or incidental thereto, and further may for a valuable considera-
tion lease, sell or contract for the sale of any property of
Irvine whenever it may be necessary, advisable or for the best
interests of Irvine; and
WHEREAS, Huntington Beach has the power to establish
and operate public works for supplying its inhabitants with
water, and may purchase, lease, receive, hold and enjoy real and
persgral property, and control and dispose of it for the common
bene t; ana
WHEREAS, Irvine will construct and cause to be main-
tained a ;cater storage facility, to wit: a reservoir, having
a capacity of 3036 acre feet; and
WHEREAS, the construction of said reservoir will pro-
vide Irvine with water storage capacity in an amount in excess
of its estimated present needs, and
r.
WHEREAS, the ?ease of a portion of such excess capacity
to Huntington Beach will result in mutual benefit to Irvine and
to Huntington Beach and is in the best interests of Irvine; and
WHEREAS, it is the present intent of the parties that
the term of this agreement is a reasonable term and one in which
it is estimated said excess water storage capacity will not be
required by Irvine for use within the boundaries of Irvine; and
WHEREAS, the term of this agreement is recognized by
both parties to be the maximum term for whicYA a lease of such
excess capacity can legally be made; and
WHEREAS, the water storage capa-,ity requirements of
Irvine after the expiration of said term are unknown; and
WHEREAS, it is in the b^st interests of both parties
that Irvine lease excess capacity to Huntington Beach as long
after the original term as said capacity is not needed by Irvine
for use within the boundaries of Irvine; and
WHEREAS, :ravine has adopted a policy in favor of the
'
continuation of the leasing of such excess capacity to Hunting-
ton Beach so long as such excess capacity exists;
m
2.
z
R
NOW, THEREFORE, the Irvine Ranch Water District and
Huntington Beach; for and in consideration of the mutual
promises and agreements hereinafter stated and the performance
thereof, and for other valuable and adlaquate consideration,
do promise and agree, for and on behalf of themselves and
their successors in interest, as follows:
Section 1. Ownership of Reservoir. The reservoir`}
will be owned by Irvine during and after the term of this agree-
ment unless changed by further agreement. fi
tppj�w
Section 2. Capacity RiEhts in the Reservoir. During
said term, Huntington Beach shall be entitled to 400 acre feet c;?
of storage capacity in said reservoir, said amount being in
excess of the estimated needs of Irvine.
Should additional storage capacity become available:,
for lease during the term of this agreement, Irvine agrees
Huntington Beach and other agencies who originally contract
for storage capaeity in said reservoir prior to its complet.,, -�,
shall be entitled to a preferential right to acquire such
additional storage in the proportion that each agency's storage
capacity bears to the total capacity of the reservoir.
Section 3. Construction. Irvine shall acquire and con-
struct eaid reservoir by November 30, 1964, provided, however„
that the time for completion may be extended to the extent that
Irvine is prevented from completing the said construction by
war, act of God, and/or any other cause beyond their control.
Said reservoir may be acquired or constructed as a unit or in
3•
parts at the discretion of Ix-i-ine, provided the contracted
storage is provided for. Said reservoir shall be acquired and
constructed in accordance with plans and specifications
prepared at the discretio„, of Irvine, to the satisfaction of
Irvine, and at the sole expense of Irvine,
Huntington Beach expressly agrees that the decisions
of Irvine as to the plans and specifications for said reservoir,
the form of contract to be entered into for the construction of
same, and the manner of letting said contract shall be final
.and conclusive.
Irvine expressly agrees that Huntington Beach shall'
be under no obligation whatsoever for amounts payable for
engineering or designing of said reservoir or for actual''
construction thereof.
Section 4. Finar..Aal Reguirements. The reservoir
shall be acquired, constructed and caused to be maintained at
the sole expense of Irvine. In order to compensate Irvine for
the amount of capacity in said reservoir allotted to Hunting-
ton Beaca, pursuant to Section ' hereof, said Huntington Beach
agrees to pay Irvine a total of $2,810,000 in the following
manner
(a) For the first 10 year period, the sum of
$1.00,000.00 per year;
(b) Forr—uhe second 10 year period, the sum of
$95,000400 per year;
(0 For the next year period, the sum of
$90,000.00 per year.
(d) For the remaining years of the term of this
lease, the sum of $10,000.00 per year.
Said payments may be made in two equal installments,
the first of which is due and payable 90 days after notice from
Irvine as provided in Section 10 hereof, and the second of which
Is due and pa.yabl- 5 months after the first payment.
Section 5. Use of Reservoir by Others. Huntington
{ Beach expressly agrees not to sell, assign, grant, lease or
t
convey to any other person, corporation, municipal corporation.,
public agency, or a:iV other group or organization any rights
t created by or arising out of this agreement without the prior
written consent of Irvine, which consent ;rust be by means of a
resolution of the Board of Directors.
Nothing herein contained shall prohibit or limit the
right of Irvine to contract h*ith other public agencies for the
use by fjuch agencies of any other storage capacity in excess of
Irvine's present needs, provided that no such agreements shall
Interfere with or obstruct the rights and obligations of the
parties to this Agreement.
Irvine will file a written statement with Huntington
Beach not later than the date upon which water will be delivered
.into said reservoir. Said statement will contain a list of
agencies having aapac�ty rights Insaidreservoir, together with
the amount of water which each agency is entitled to store and
the charge therefor. Said statement will be revised as changes
in storage rights occur.
Section 5e Maintenance. Operation and Repair. The
maintenance, operation and repair of, the reservoir shall be
performed by The Metropolitan Water District of Southern
5,
Oaliforni;a, a metropolitan water district formed under the
Mff tropolitan Water District AeL of the State of California,
p*arsuant to two (2) agreements dated .April 4, 1962, the first
of which was entered into by The Metropolitan Water District
of Southern California, and Orange County Municipal Water
District and Coastal Municipal Water District, bath of which
are municipal water districts Formed under the Municipal
�•
Water District Act of 1911, designated Exhibit "A", attached
hereto and the necond of Which was entered into by said
f�
Orange County Municipal Water District, said Coastal Municipal
Water District and Irvine, designated Exhibit "B", attached
hereto. Huntington .Beach shall not be obligated to contribute
toward the cost of said maintenance, operation, repair or
replacement of facilities.
,
Huntington Beach, by its execution of this agreement,
represents that it has the right to have water delivered into
..
said reservoir through the water trans,irtation facility,
to wit: that certain water transmission 'tine to be constructed
and to be known as :the "East Orange County Feeder No. 2".
Huntington Beach agrees to become a party to said agreement
above referred to and designated Exhibit "B", whici- addendum
shah. specify Huntington Beach's rights and duties with
respect to delivery of water into said reservoir and withdrawal
of water from said reservoir on behalf of Huntington Beach.
Sect on.T. Provision for Capacity OnIZ. By this
agreement, Irvine agrees to provide Huntington Beach with water
storage capacity only. Irvine shall not be responsible for the
delivery of -water into or withdrawal of water f:oom the reservoir
6.
i
by or for Huntington Beaoh. Irvine shall not impede, obstruct
or hinder Huntingtor. Beach in Huntington Beach's use of its
capaolf,y in the reservoir.
Section 3. Effective Date. This agreement shall be
valid and binding as of the dat�< of execu'Aon hereof.
Section 9. Term of Agreement. This agreement shall
**
continue for Fifty (50) years from the date of execution; pro-
vided, hog*ever, that at the ena of said fifty (50) years, Irvine
shall re-examine its water sto.-age seeds. In order to further
Its policy favoring the continuation of the leasing of such
storage capacity to Huntington Beach, such re-examination shall
be evieeneed by a written report. In the event that such report
shows that Irvine has surplus storage capacity, and in the
event that Irvine determines that it would be in the best
interest of Irvine to lease all or a portion of the excess
capacity, Huntington Beach shall have the right of first refusal
to a port_ ,on of the excess capacity Which is av r, 3lable for
leasing. Huntington Beach's right shall extend to one-third
of such capacity available for leasing, or 400 acre feet,
whichever Is less.
Section M Tltrte of Payment. Payments required to be
made by Huntington Beach to trvi.ne pursuant to Section 4 hereof
shall be made as follows:
(a) Upon the completion of the reservoir and of
the water transportation facilities leading
to the reservoir, Irvine shall give written
notice to 3Ivunt ngton :Beach, which notice
7=
k
To Huntington Beach:
Civic Center
Huntington Beach, California
Section 12. Binding Effect. Tke provisions of this
agreement shall inure to the benefit of and be binding upon each
of the parties and their successors and assigns.
4
IN FITNESS WHEREOF, each party has caused this
instrument to be executed by its respective officials theretofore
duly authorized by the legislative bodies thereof this
day of Mr�-� 1, F 7� , 1963. `
MINE RANCH WATER DISTRICT '
By
President ;
Atteklt S
ecretary
CITY OF HUNTINGTON BEACH
By
6r
Attest.
r �
Ct �lerk i
�.17Y IN T'SSttMT'.Y
91
shall state that said reservoir and trans-
portation facilities have been completed,
tested and accepted, and demand the first
semi-annual payment as provided in said
Section 4. Huntington Beach shall make
its first semi-annual payment no later than
ninety (90) days after receipt of said
notice.
(b) In all years in which this agreement is in
effect subsequent to the year in which
demand is first made to Huntington Beach by
Irvine, Huntington Beach shall pay to Irvine
the sum required to be paid under said
Section 4 hereof, which payment shall be
made no later than ninety (90) days after the
anniversary date of the receipt of the written
notit.e referred to in subsection (a.) above.
(c) The second semi-annual payment required under
said Section 4 hereof shall be clue and payable
six (6) months after the first such semi-annual
payment payment is due and 1,ayable.
Se tion 11. Notice, Addresses of Districts. All
notices called for by this agreement shall be -eemed to have
been given to the respective party when deposited in the United.
States mail,, ,postage prepaid and addressed to such district at
the address hereinbelow set forth, with an allowance of 48 hours
for delivery.
To Irvine rat
Post Cffiue Box 37
Tustin, California
AGP.EMn2ENT FOR THE CONSTRUCTION, MAINTENANCE s "
ZjiMz OPE R.NTIO:� OF A RESERVOIR NEAR THE EAST
OR"INGE COUNITY FEEDER NO. 2 Or THE METROPOLITAN
WATER DISTRICT OF SOUTHERN CALIFORNIA
J;
THIS AGREEME.NT is made this, day of P.,qll
1962, by THE METROPOLITAN WATER DISTRICT OF SOUTJJERN CALIFORNIA �*
("Metropolitan"), a metropolitan water district organized under
the Metropolitan Water District Act of the State of California,_
ORkNGE COUPvTY MUNICIPAL WATER, DISTRICT ( "Orange District") , and
COASTAL MUNICIPAL WATER DISTRICT ("Coastal District") , each a
municipal water district organized under the Municipal Water
District Act of 1911.
T71TNES SETH a
Explana°toi v Recitals
1. In Orange Count, the areas of five constituent unit
mt.nicipalities are within Metropolitan. These are Orange District
and Coastal District, and the Cities of Anaheim, Fullerton and
Santa. Ana. Metropolitan provides, sells, and delivers water and
water service, or may hereafter provide, sell, and deliver water
-and-water service within Orange County to the United States of
America, and to the State .of California, under contract therefor.
Otherwise, except for the areas within the Cities of Anaheim, '
"Fullerton and Santa Ana, Metropolitan makes all of its wholesale
distributions of water within Orange County, and contractual
.. l .o
1 Ir1A
I
r
}
arrangements therefor, through its constituent unit agencies,
Orange District and Coastal District. IRVINE RANCH WATER
DISTRICT ("Irvine") is a Caliiornia water district organized
under the California Water District Law of the State of
California. The area of Irvine is within Orange District and
is within Metropolitan.
2. Under date of July 11, 1961, Metropolitan, Orange
District, Coastal District, the City of Anaheim and the City,
of Santa Ana.ntered into that certain "Agreement For Joint
Exercise of Powers For Construction, Operation and Maintenance
of mast Orange County Feeder No. 2", to which .reference is hereby
made, for the construction of the said East Orange County Feeder
No. 2, comprising a water delivery feeder and appurtenant
facilities, extending from Metropolitan's Dower Feeder to the
vicinity of Metropolitan's Corona del.Mir Reservoir, for the
delivery of water by Metropolitan to the parties thereto other
than Metropolitan, for the payment of the costs of constructing;
operating, maintaining, and replacing the Ad East Orange County
Feeder No. 2,:abd for the allocation of delivery capacities
therein. The said agreement aloes not provide for any rights in
water, as distinguished from capacity, for any of the contracting
nartie,l other than Metropolitan. The said agreement is herein --
after referred to as the "Joint Powers Agreement", and the said
East Orange County Feeder No. 2 is hereinafter referred to as
the "feeder"
2
r
3. By the terms of the said Joint Powers Agreement a �
certain delivery capacity in the feeder was allocate-d to each
Wf :.
party thereto including Orange District.. Orange District has
entered into an agreement with Irvine by the terms of which Irvine;
is ranted. the use of a ' g part a.r orange District's delivery
capacity but it is understood that by the execution of this
present agreement it is not intended that. such subsidiary agree-
ment become binding upon metropolitan or upon any other party to
the Joint Powers Agreement.
4. Metropolitan's Board of Directors has approved the
participation of Metropolitan in the cost of buildiiiq the feeder
according to a design providing for 310 cub o feet per second
capacity in the first 'reach thereof, .and•has indicated that it
tV41I participate in the cost of constructing the feeder according
to a design which would provide for a. hydraulic elevation of
460 feet above sea level. at the downstream terminus of the feeder,
if a terminal reservoir of 2500 acre-feet usable capacity, or
larger, is constructed without expense• to Metropoli tan, under
arrangements for Metropolitan's use thereof for regulation.
5. Orange District and Coastal District are willing to
have constructed without expense to .Netropolitan the terminal
reservoir referred to in paragraph 4 above with a. total usable•
capacity of 2500 :acne -feet or more. The said reservoir is
hereinafter called "the reservoir" or "the terminal reservoir"
Design studies have been made and preliminary plans have been
prepared for the construction of the said reservoir and a schedule
-.'or its construction has been developed which contemplates its
completion at or about the time that the feeder is completed.
6.• Metropolitan has been designated as operating agent
for t ze feeder by the parties to the Joint Powers Agreement and
the operation of the reservoir by Metropolitan will assist it in
k ,
its operation of the feeder and in the delivery of its water.
in order to obtain the benefits of regulatory capacity in the
reservoir, and the benefits of its operation thereof, Metropolitan
is willing to operate and manage the reservoir .t Metropolitan's
i
expense, but it is not willing to pay any part of the costs of
constructing such reservoir, since storage will be provided
i
therein, under the terms and conditions of this agreement, for
t
agencies receiving Metropolitan water, and it is Metropolitan's
i
policy not to construct or provide storage for any such agencies.
NOW, THEREFORE,, in consideration of the mutual covenants
�
herein contained, and without ir., any way affecting the Joint Power:,
4'
Agreement, or the rights, powers, privileges, duties, obligations
L
or responsibilities of any of the parties thereto, the parties to
a:
this agreement hereby agree as follows:
e.
Executory Aareements
7. Orange -District and coastal District, jointly and
�
severally, will construct the reservoir, with a usable capacity
E
of 3,000 acre-feet, and the valved works therein and the outlet
pipe line referred to in paragraph 12, or will secure the con-
struction of such reservoir, valved works and pipe line, all•:
without expense to Metropolitan. and in 6 manner satisfactory
��
to it. Such reservoir shall be located on Irvine's land near the
terminus of the feeder �.n the vicinity of Metropolitan's Corona
del. Mar Reservoir in Orange County. The said reservoir to be.
constructed according to the requirements and with the approval
of. the State Department of Water Resources, as provided by law.
'The construction of the reservoir shall be completed on or before
August 31, 1964; provided, however, that the time for com-
pletion may be extended to the extent that orange District and
'Coastal District are prevented from completing the said construc
Lion by war, act of God, and/or any other cause beyond their
control SuiLable valves, meters and appurtenances for controlling
and :measuring the Mow of water in and out of the Yeservoir• shall
be providt-,�,as part of the reservoir construction. Metropolitan
shall have the exclusive right and power to operate the reservoir
and appurtenant works, in connection with its operation of the
feeder, as provided herein.
8. As soon as the feeder, the reservoir, and the
outlet pipe Line and works referred to in paragraph 1.2 have been
completed and are ready for operation by Metropolitan, (a) Metro-
politan may deliver up to 300 acre-feet of i-s water into the
reservoir, to be held, used and replaced by it as it may require
for regulation or other purposes, .as provided herein, and (b)
Orange District and Coastal District shall pay for and order from
Metropolitana- total of 2,700 acre-feet of eater for storage
in the reservoir by them, in proportionate quantities agreed
bs :vreen them. �,s soon as it may do so thereafter under the pro-
visions of the Metropolitan Wager District Act and of its rules
$ 4
OVA
and regulations, Metropolitan will sell and deliver to orange
District and to Coastal District, separately, such -quantity of
water as is thus ordered by each of them for storage in the
reservoir, such water will be so delivered .from the feeder at the
intake of the reservoir after payment therefor shall have been
:Wade to Metropolitan by Orange District and Coastal District,
respectively, at the applicable rate them in effect for water sold
and delivered by Metropolitan for municipal and domestic uses and
purposes, and the water so sold and delivered into the reservoir
shall, become the property of the purchasing district, subject to
the provisions of this agreement.
9. Metropolitan shall have the exclusive use of
300 acre --feet of the capacity of the reservoir and may deliver
into storage, hold, withdraw, o-- replace water in such volume at
any time without reference to orders from Orange District or
coastal District for the delivery of water to them into th
reservoir, or for the withdrawal of water stored for them therein.°
When none ofMetropolitan's water is in the reservoir and flows
through the feeder are not curtailed or suspended because of damage
to the feeder s+.,stem, Metropol.Ltan ,may withdraw, in an emergency
situation resulting 'from unforeseen operating conditions, any
quantity up to 200 acre-feet of the water stared in the reservoir.
such borrowed water shall be deemed to have beer) loaned by orange
District and Coastal. District !.n the proportions of the crater
then stored ,for them in the reservoir, and it shall be replaced
by metropolitan in such proportions as soon as possible.
Metropolitan shall not be liable to grange District or coastal
,s.
District on account of any withdrawals of water stored for either
'to
e,
of them, except replace such water as soon as Metropolitan can.
10. In consideration (a) of the grant to Metropolitan
of the exclusive use of 300 ac:ce-feet of the storage c.-pacity of
5, _ 8
the reservoir,- (b) of Metropolitan's use of the said reservoir
and of the water stored therein -for regulation as provided herein,
and (c) of the other covenants of this agreement, Metropolitan
4�.
will at its expense operate and maintain the reservoir in a manner
.,W.
Lpimilar to the manner in which it operates and maintains reservoirs
on its syst,_..t, as nearly as may be appropriate, and in an efficient
and orderly manner consistent with recognized engineering practices
for the operation of waterworks. facilities. Metropolitan shall
operate the valves of the reservoir, control the input and output
of water stored therein and record the quantities of water metered
in and out. Water lost from the reservoir by evaporation shall be
replaced by Metropolitan at its expense.
11. metropolitan shall clean the reservoir when
necessary for its operation and maintenance in good order and
efficiency. Such cleaning shall take glace at times when it
can be anticipated that delivery of water from the reservoir
can be suspended without detriment to the agencies served out
i
of the: reservoir. Metropolitan shall notify orange District and
Coastal District not less than thirty (30) days before any such
cleaning commences. Metropolitan shall, at its expense, replace
any water stored by Orange District and Coastal. District which
is witbdrawA by Metropolitan for a cleaning operation.
7 - -
12. The reservoir shall be connected to the 'Meder
3�y a single outlet pipe line connected to valved works within
the reservoir, ;n such a war that the usable storage capacity
.'
below the reservoir's spillway crest shall be not less than
.
r
3,000 cre-fr•o .. Service connections for'the del -'very of water;
from the reservoir will., be located on the feeder as provided 'in
the coin- Powers Agreement, and there shall be np connections for
the delivery of water directly from the reservoir, if at any tim8
Z etropolitan is 'unable to supply water from, its system in
quantities desired by Orange District and Coastal District, Orange
D,A,strict and Coastal District• each may place orders with Metro-
politan for the withdrawal of water stored in'the reservoir for
r
suchh :respective district. Metropolitan shall deliver water in
accordance with such orA-rs. or on a pro rata. basis to the extent
L
that the water then stored in the reservoir is available Cherefor.
>>
%ietropol,itan shall, deliver an.equal quantity of water into storage
as soon as. it can to replace the way;-er so withdrawn, and Orange
District and Coastal. District shall pay Metropolitan for such
replacement watnx at the applicable rate then in e2ftct, con-
'currently with their withdrawal. orders.
13. Orange District and coastal District agree, jointly
and severally, to coord:,nate theirordersfor withdrawals of
torad wc,ter so that no conflict will occur with respect to orders
for waver to'be dc'li,vered to agencies which have contracts with
Orange District and orders ;for water to be delivered to agencies
� 4
which have -ponttac s Vith Coastal District..
t3
r
14. In the course of its maintenance and operation
Lr� 4
of the reservoir, Metropolitan shall make repairs to the',,
reservoir and appurtenant works; and equipment at. its expense,
r-
Orange District and Coastal District, however; shall make or
a for replacements. For these purposes, an single :item of -
Y n P P . Y 5
work where the co: st of labor, equipment, materials; and over --
work
head is less than $25,000, as determined )by Metropolitan, shall
be deemed to be repairs, and any single item of work where the
cost of labor, equipment, materials, and overhead is $25,00.7
or more, as determined by Metropol•an, shall be deemed to be a
t
replacement. Metropolitan may make any replacement, and upon
j
t
the demand of Metropolitan, said Orange District and said
Coastal District shall be jointly and severally obligated to
pay the cost thereof to Metropolitan or at Metropolitan's option
f
it may q g require Orange District and Coastal District to effect
such replacement and those districts shall then be jointly and
severally obligated to comply with such requirement. Whenever,
r
T
the cost of a replacement is $50,000 or more, written notice"
1
of the need for such replacement shall be given by Metropolitan
to Orange District and Coastal (District, which notice shall
contain a detailed description of the replacement together with
an estimate of the cost of smr.e. Upon receipt of any such notice,
Orange District and Coastal District shall have thirty (30) days
in which to inspect the item to be replaced and to -notify
Metropolitan in writing that they either consent to the replace-
meant or object to the replacement fow reasons stated.
Y
Accounting by Metropolitan for repairs and replacements shall be
G*
similar to its accounting for similar projects on its system..
15.. Metropolitan's obligations to effect a physical"
delivery of water into storage in the reservoir for Orange
District and Coastal District under p
parayra hs 8, 9, 11 and
12, or otherwise, are subject to the provisions of t'he
Metropolitan Water District Act and to Metropolitan's ordinances,•
rules and regulations, to Metropolitan's possession and control
of water to b6 so used, and to the capacity of Metropolitan's
works to transport such water for such purposes, if on any
account, in any instance, the transportation and delivery of
water into such storage,is delayed, is not possible, or is
interrupted *or curtailed, Metropolitan shall not be liable
l
16. This agreement is for' a term of fifty (50) years.
17. The p!ovisiors oflr this agreement shall inure to
the benefit of and be binding upon each of the parties and
their successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement by their respective officers thereunto duly
authorized, the day aftd,year first hereinabove written.
s,
TH3 M2TROPOLITAN WATER DIS RI T. _ ,:. � ...:•
� .t
OF SOUTHERN CALIFORNIA
Attest. By__
eneral Manager and Chief Engineer
Executivz Secretary
Approved as to Form
and -Execution.
Genera ; Counse .""� 1p M
ai
ORANGE COUNly MUNICIPAL WATER DISTRICT
Attest:
gx
President
Secretary
..
44,
Approved as to .Form
and Execution
,
, +
[ L.
.
Attorne
COASTAL MUNICIPAL VWTER DISTRICT
Attest:
Ey
1<.^
President
Secretary
z
Approved as to -Form
and Exacution
Attorney
p_
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1
a
Z
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3
�a:
The foregoing agreement is hereby approved by the
undersigned other parties to the joint Powers Agreement referred
to therein, and it is agreed that Metropolitan's exjenses
hereunder are not -chargeable under the said Joint Powers.
Agreement.
mated: CITY OF ANAHEIM
zy_
A541e
Mayor
Clerk
Approved as to
Form
and Execution:
City Attorney
Dated:
CITY OF SANTA ANA
Attest:
B
Mayor,
Clerk of the Council
Approved as to
Form
end Execution:
City Attorney
12
't.
v
��r���•
.s fade this /�L day o^
IS .` GRBE EENN _
OR.�1C COU\TY Viil djryp�L iV lER DisTP�iCT
fir
and CO� STD L Ml�\*ICM_.A- L ��ro TER DISTRICT {Coastrl District),
�
n '�.�Jater
wafer. dl. trice Gras:,.zed. cancer ,.ne Viuricipa--
'
n/� municipal
l✓aV_�i a :t1il17iCi�,�al
c; y l?11CH inl4.'TE?3 DISTRICT
DlsLr�(.'4 CiL of 1.91.1, and the i,�
u'.
-Vine), a CalifCrni.� dater District, or!anized under the
M
D� ] rice and I.
Cal.-.:— is water District La.w:
ti
: 3" r" c El- T H
� n
unit municipalities
_��„ of give constituent
• In Orange County . ,. areas
` ,
�Na�,:r Dis.r ici o-- Southern California, a
Nmit The Me ropoliea.
:fit;.
ar G- j
�� under the VL,tropolitanTlater
' opol itan Water District;orm..�
11et
//�� T 1 ` Tflese are Or anre .
^� � the State Of Cali. �Jrn:��-. \lre ropoli�a+:J• a''.
' .••
Dis L r ict i�•.L vl lw
District
:.-. tr:: - of � :aanei�, = •;u,rton _ a.�d
Coastal sD. istrict a. cafes
District and
^ The area of Irvine District, is tiyitain Orange Dis�a ict a-uG is
Santa
• �rri.�ar� V�tropolitan• '
2• Lrvine District- has she power to accaire, plan, construct,
operate and keep in repair the ne;�ssa.��=Jcrxts for
izrprove,
rarsm Ssior_ �.�3 distribution of tivater nor
the production, storage,
un p
domes _ —vial and �Lnicip.al• purposes- T1rvine
lion, tic, in
rr;du
`�%a
a
District further has the Power ;o enter iz�to contracts with the
lol the construcrLion, enter.
dcpartmert or agency thereof, ,
or ar'y
einont of an y Works or othr
cony. u�, maintenance and r .anac-
operation,
,
tructed or acqu ed by %wine Dist
consrict.
properties
n, Orange• D_s.c=,
' x 9n1., VL jetrop6lita...
3. Under clate of ,iuly
the o= yn:�h: i and the C#y of Santa -na entered
%asta= District, city
f
EX=II3 T "B;��
1•
04
ceement for Joint Exercise of Powers fo.
i
tjanstruction, Operation and Va':nte nance of :East Orang4 County
eecer iTo, 2" (Joint Powers Agree=ent% for the coas{ructio,- .° the
sate D as6 Qrange. County Feeder No. 2 (Feeder) comprising a water
delivery feeder and appurtenant facilities (extending from Metropoliianrs
lower ,feeder to the vicinity of U:et-ropolitants Coron;i,Del Mar Reservoir)
'
;:or the deli very of water by Vct opolitan to t he paxtie thereto other
than lV etropolita ; for the payrni�nt of the costs of constractina,
operating, maintaining, and rep'acLri-, the said eastpran;e County
Feeder *-No. 2 and for the alocati.on o; delivery .capacities therein.
� *
;.
)wine District has expressed its intent to construct a reservoir. .
• o a capacity of 30(J0 acre feet near the terminus ai the Feeder, the
,. .
p
completion date of which will approximate the completion date of said
i
$ f
Feeder, and desires Metropoli.t :.n to operate said reservoir for the
benefit of the parties concerned. Metropolitan considers it necessary
in that connection to eater into an agr eexnent with Orange Dis rice and
Coas;al. District, which said agreernant is the reservoir agreement
herein referred to.
Grange District and Coastal Distri,.:t are willing to enter into
such reservoir agreezient provided that the urden of constructing said
reservoir and appurtenant wor'_:s and making : "epl,.acements thereto be
- assumed by Irvine District, said Orange District and Coastal District
Being without facilities with which :o perform such construction and
replacement except that lrvine; isL 'i^.t assume such burden.
i. ` 3de .ropolitan has been designated as operating a gent .for
the .Feeder by the"parties to the Joint -Powers Agreement and the
„ +
operatnon of said reservoir by 1114'etropolitan will assist it in, its operation
cf th.e Feeder and iz the deliverer of -i'm water.; In order to obtain the
,
Y 2
bene"_-s o: regulatory capacity . _ the zeservoir and of its operatio:i "` "
lt2etropolitan is willing Io operate and manage the reservoir
e, 'Metropolitanits expense, as provided in the agreement between
letropolitan, Orange District aid Coastal District of even.date
`
nerel*tith, hereinafter referred toas "Reservoir .Agreement".
ij
XMV, THER.EFORn, in consideration of the mutual covenants
a
herein contained, the parties to this .Lgreem.ent hereby agree as follows:
Executory .A reexnents
5. That said Reservoir .Ag:leemt t her nabove referred to
is marked Exhibit A, attached hereto, part of this Agree-
{�� .
Wert as though herein set forth is full.
o. Irvine agrees to ass'.4me the obligation of Orange D strict
.and Coastal District under the Reservoir Agreemenz to constr-act thv
k
reservoir and appurtenant facilities in the time and in the manner as
set forth in said contract, Etihibit A attached hereto.
ti
7. At the time the reservoir is ready to receive water, ?rvine
•
and other local parties to this agreement, if any, then havinb capacity
_rights in the rp—�rvoir will., or. demand, pay in the aggregate to Orange
• ,
District, and Coastal District the arncunu recnxixed to be paid by :'range
District and Coastal District to l`/fetropolitan for the water necessary
to fill said reservoir as provided in said agreement marked Exhibit .A.
g. Irvine and such local parties, ' if any, agree to pay on demand
to Orange District and Coastal District the price of replacement water ,
required to be paid by Orange District and Coastal District to ietropolitan as '
per said agreement marked Exhibit a� as a condition of't.he withdraw. l upon.:•-- :, ,y,• 1!
;. o
o.; der o, •Crarge District or Coast -a? District of water stared for the
`oenef• of r, wvLge or such local ag ancy.
Orders to Metropolitan .For water for storage in or withdrawn
from said reservoir shall be z:; .:le in the usual manner by Yrvirna or •_� _� "
f
ot'zer local agencies, if any, having capacity rights in said;:, servoSx'
-
6L-rough Orange District or Coas'lal District.. Irvine or Lt other
�
local agencies will accompany any order for withdrawal from said
J. sserv3ir with a remittanc2 in an amount sufficient to pay for the
rep -la cement of water to be with; :_av✓-a pursuant to such order: Duplicates
of i orders for withdrawal of water from -said reservoir shall be sent
to ail parties to this agreemexa' at the time said order is made. Said
r ;
3 orders shall state: (1) •the amount presently in storage for the account
j
F oz suc4 party mak- xig said order; (2) the amourt to be withdrawn bar said
e order for the account of such panty; and (3) the balance- on hand in said
: s
`
-reservoir for the account of such party witli the completion of said order
5
of withdral*dal—
w 9, The parties to this agreement agree that Metropolitan shall
have a?l of th i rights set out -i trie said reservoir Agreement, Exhibit A,
including, without being limited to, the provisions of paragraph 9 of
said Rezervoir Agreement -,ranting- Metropolitan the exclusive use of ,
300 acre -Meet of the capacity of t:ie reservoir for storage of its water
therein and the privilege of withdraw .r�g on a loan basis any quantity up
to 200 acre-feet of,pther water s ored in the reservoir.
' 10. Metropolitan shall have the rigl�t,and duty to operate and
. clean said reservoir and rep' -ace water lost by evaporation, au as set
°..
forth in said B h.i.bit A attached to this agreement,
!I. Upon notification by Metropolitan, Orange bistrict and
Coastal District shall notify all parties to this agreement of Aletropolitants
intention to clean the reservoir,
Y •
12. Irvine agrees zo G,:,sun:e the obligations of Orange District +
—id Coastal District under the said Reservoir Agx ;ement to ,nay for and
malke replacements as requ.red under paragraph 14 of Exhibit A.
Orange District and Coastal District grant to Irvine the privilege of '
f • Y
K
inspecting each replacement of $504'000. 00 or more and consenting
or objecting to such replacement, which consent or objection Z*ails
• fur ti: h the basis for Orangc District's and Coastal. District's consent
or objection as provided in said Reservoir Agreement.
y
13. It is agreed, that the obligation of Orange District ane'/ or•
Coastal. District to effect raysical delivery of water into the z,eservoir
Y anon order of Irvine or,pay other .local parties who may be parties to
his agreement is subject to the rights of said Orange District and
Coastal District referred' Lo in paragraph 3.5 of said Exhibit A attached
x?.. Subject to all of U.I.terms and conditions of the Reservoir •
'
Agreement, Ehibit A, marine r istrict may enter into agreements for
storage capacity in the reservoir with Grange District, Coastal District, ;
or other local public agendas ,�,ithin :Metropolitan District and within
either Orange District or Coastal District; such contracts snail be in
,
writing and shall be made by addendum to this agreement, and any
such contracting party shall, then eupoa become a party to this agreement; .
and Orange D'-sttict and Coastal District shall have no right to store
tivater in the reservoir for their respective districts, except as' provided
herein. ;
15. This-gxeement shall continue for fifty (50) pears.
;
16. Orange -District and Coastal Distract shall not consent
to any =endment, revision suspension, or termination o.- the Reservoir
i
' Agreement without the con,nt of the other parties to the within.
agreement.
17. All notices called for by this Agreement and the,
Reservoir Agreement so zx -a t--ie parties to this Agreement are
;
con ;erned shall be deemed to have been given to the respective
parties when deposited in the United States mail, postage prepaid,;
and addressed to such district at t1e address hereinpelow set forth
{'
A
and with as allowance of.48 hours for delivery:
To ORA' 7GE DIST FUCT at: `
0
60 Plaza Square
' Orange, Californian
.'
To COASTAL DISTRICT at.
a
Post Office Boa. 9i.3
Laguna Beach, California
To IRVINE DISTRICT at:
}
Post Office Box 37
i
y stirs, California
18. ' rvine District a rees to hold Orange District and
Coastal District and each of there harmless from any damages which
they or either of them may sustain by reason of the execution and
-
., delivery of said Reservoir Agreement hereto attached.
19.The provisions of this agreement shall inure to the
' benefit of and be binding upon each of the parties, their successors
�'` • - : t-
and assigns.
IN 'WITNESS WHEREOF,. the parties hereto have affixed their j
names the day and year hereinabove first written and have attached
ce"ified copies of the ordinance o.: resolution of each of their.
respective a'ov6raing bodiesauthorizing Same.
` OR..aNiCE couNTY mUN11CIPAL WATER, DISTRICT'
_..
By IfE' A)It
. , P,resideni
ATTEST:
Secretary ....
Approved as to or= and Execution:
' COAST IL iVMNICIPAL WATER DISTRICT
By
Presi entY
,ATTEST: �}
Secretary
Approved as to -Po and
Attorney
IP.VT E RANCH WATER DISTRICT ;
j BY,
Fresiden't
ATTES'T`. ,
e .�.
`secretary
Approved as to For
m and Execution:
f.•-I �L ��r � c% • C�.�/Pc-'irk �r'� , r
A orney t
4 f Y
ti
f '
3 f
44� ,
ADDENDUM AGRI?,EMENT
THIS ADDENDUM AGREEMENT made this day of
by and between
IRVINE RANCH WATER DISTRICT, fT
a California Water District organized and existing under the
California Water: District Law (herein referred to as "Irvine
q District"), ORANGE COUNTY MUNICIPAL WATER DISTRICT and COASTAL
i
k
MUNICIPAL WATER DISTRICT, each of which is a municipal water
i district formed under the Municipal Water District Act of 1911
(herein referred to as "Orange Coun'-y District" and "Coastal.`
District"), respectively, COSTA MESA COUNTY WATER DISTRICT, a
public district created b s act of the legislature and
� P y special p g
subject to the provisions of the California County Water District
i
Law (herein referred to as "Costa Mesa District"), and CITY OF
s HUNTINGTON BEACH, a municipal corporation organized and existing
i
i
pursuant to the Constitution and Laws of the State of California
k
(herein referred to as "Huntington Beach").
W I T N E S S E T H
r
WHEREAS, The Irvine Company, a corporation organized under
the laws of the State of West Virginia (herein referred to as.
"Company"), by Grant Deed dated November 2, 1962, recorded November
14, 1962 in Book 6322, rage 709 of Official Records in the office
;5
of the County Recorder of Orange County, California, conveyed to
Irvine District certain real property in the County of Orange,
State of California, therein described, subject to the express
condition subsequent that Irvine District would; construct upon
pant of the land .conveyed a reservoir, and thereafter cause the
1 - EXHIBIT "D,r
would concurrently execute this Addendum
Agreement to said Supplementary Reservoir Agreement between
said Orange County District, Coastal District and Irvine. District;
NOW, THEREFORE, in fulfillment of the last mentioned
condition of said conveyance and in consideration of the mutual
covenants herein contained, the parties to this Addendum
{
Agreement hereby agree as follows:
�^
Section 1. as the holder of said
storage capacity right in said reservoir pursuant to the convey-
ance thereof as aforesaid hereby agrees to become, and by the
x execution of this Addendum Agreement does become, a party to the'
said agreement between said Orange County District and Coastal
District and Irvine District referred to herein as the Supple-
4
mentary Reservoir Agreement to which this Addendum Agreement is
attached.
F,
Section 2. further agrees that as the
holder of storage capacity rights in said reservoir it will pay
or cause to be paid to said Orange County District and Coastal
District share of the payment required under
j the provisions of paragraph 7 of said Supplementary Reservoir
Agreement.
Section 3. further agrees that as the
holder of said storage capacity rights in said reservoir it will
pay to said Orange County District and Coastal District
share of the cost of replacement water in said reservoir
in accordance with the terms of paragraph 8 of said Supplementary
Reservoir Agreement.
In connection with the foregoing Section
agrees that until it pays to said Districts, or either of them,
an amount sufficient to pay its share of the replacement of water
to be withdraton from said reservoir pursuant to said paragraph 8,
3
shall. not be entitled to the withdrawal and
delivery of such water or any part thereof.
Section 4. It is agreed that
by becoming a party to said agreement, will not be liable for
agreements other than those referred to in Sections 2 and 3 above,
and that its right to use its storage capacity rights in said
reservoir is vsubject to the provisions of said Sections.
Section 5. All demands to for payment
for water to be made by under the provisions of
said Supplementary Reservoir Agreement shall be deemed to have
been given to when deposited in the United
States mail, postage prepaid, and addressed to
at• the address hereinbelow set forth, and with an allowance of
48 hours for delivery,
Section 6. The provisions of this Addendum Agreement
shall inure to the benefit of and be binding uF,,n each of the
parties and their successors and assigns.
IN -WITNESS W EREOF, the parties hereto have affixed their
names the day and year hereinabove first written and have attached
certified copies of the ordinance or resolution of each of their`
respective governing bodies authorizing same.
ATTEST: By
Approved.as to Form and
execution
Rt tor:, ley
Mai
0
C E R T I F I C AT 10 N
I, BESSIE C. BRISCOE Secretary of the COASTAL MUNI-
CIPAL WATER DISTRICT, of Orange County, California, do hereby certify that
the foregoing Resolution No. 552 was duly adopted at a regular
meeting of the Board of Directors of said District, held on the 12th day of
r September r 1963 , by the following vote of members of the Board:':
i
y AYES: Directors - VASUM, VAM mww, AT,mm
K
Now
r
NOESa Directors -
ABSENT: Directors
and I further certify that as President/ and
y i � stew
R
'
�k+
BESSIE C. BRISCOE , as Secretary, signed and approved said Resolution on the
12th day of September , 19. 3
..:
BM= Co B, =
Secreetary
T (District 5eal) WATER
of the COASTAL MUNICIPAL DISTRICT.
STATE OF CALIFORNIA
ss.
County of Orange
I, BESSIE C. BRISCOE , Secretary of the COASTAL
MUNICIPAL WATER _ DISTRICT, of Orange County, California, do hereby certify
that the foregoing is a full, true and clear copy of Resolution No. , ;sassed and
adopted by the Board of Directors of said District at a
reealar meeting thereof held on September 12 , 1y 63
IN WITNESS 4TdEER,EAF, I have hereunto set my hand and affi-ed the obficial seal
of said District this 12th day of September y 19 63 .
(District Seal) r f�
Secretary of said District.
3 ,Rapwr +s .ItrP�Nc O a6t',,.3 CRJrGB_ ANC i-JAF
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A
sN
FIREMAN'S
F
lhl
FUND INSURANCE COMPANY
❑
.. _ AMERICAN INSURANCE COMPANY
❑
NATIONAL SURETY CORPORATION
914
❑
❑
ASSOCIATED INDEMNITY CORPORATION
AMERICAN AUTOMOBILE INSURANCE COMPANY
aesTE,elw wSlmAl+a eouNUAKt.
TO:
F
a
CERTIFICATE
�A
of INSU id'1N E
City of Huntington Beach
2000 Main Street DATE June 26, 1975
P. 0. Box 190
L Huntington Beach,California 92648 _J
THIS IS TO CERTIFY THAT THE COMPANY OR COMPANIES CHECKED ABOVE HAVE IN FORCE AS OF THE DATE HEREOF THE FOLLOWING POLICY OR POLICIES
NAME AND ADDRESS OF INSURED OR EMPLOYER �— LOCATION OF PROPERTY. DESCRIPTION OFOPERATIOMS, BUSINESS CONDUCTED
Irvine Rance; Water District, Etal Various
P. 0. Box D-1
Irvine, California 92664
KIND OF INSURANCE
POLICY NUMBER
EXPIRATION
LIMITS OF LIABILITY
y
WORKMEN'S COMPENSATION
T_
STATUTORY
EMPLOYERS' LIABILITY
_—
THOUSAND DOLLARS,. EACH PERSON
THOUSAND DOLLARS, EACH ACCIDENT
BODILY INJURY LIABILITY OTHER. THAN AUTOMOBILE
SAND DOLLARS, EACH OCCURRENCE
1,��00,0�'�'
Tn�%SANG DOLLARS, A6p RGAATE PRODUCTS
T /� r� p
LC 2396963
/ p
7/1/78
(�
1,OJO,OVV ANO COMPLETED OPERATIONS
PROPERTY DAMAGE LIABILITY OTHER THAN AUTOMONILE•
THOUSAND DOLLARS, EACH OCCURNEHCF
1,000,000
THOUSAND DOLLARS. AGGREGATE OPERATIONS
1,000 , OOOp�UUUSAND.DOLLAPS.
1,000,0 i/pp AGGREGATE PPOTECTIYC
111
THOU-ANDDOLLARS.AGGREGATF_CONTRACTUAL
1,00 O,OO
/I��, �C �j
LC 2396963
11 rT
,%.L/78
T RO USAND DOLLARS, AGGREGATE PDUCTS
1,00 00 AND COMPLETED OPERATIONS
T AUOMOBILE^ :
1
BODILY INJURY LIABILITY'
LC 2396963.
7 /1/78
r�
} OSAND DOLLARS, EACH PERSON
1,.3VOjj{Ql1
l: V 111�
SAND DOLLARS, EACH OCCURRENCE
MW
PROPERTY DAMAGE LIABILITY*
LC 2396963
78
1,000 O�ANa DOLLARS. EACH OCCURRENCE ui
MEDICAL PAYMENTS
_ _
— J
$ EACH PERSON
CO MPREHENSI.VE—LOSS OF OR DAMAGE TO THE
I
ACTUAL CASH VALUC UNLESS OTHERWISE STATED HEREIN
AUTOMOBILE. EXCEPT BY COLLISION OR UPSET
BUT INCLUDING FIRE. THEFT AND WINDSTORM
S
ACTUAL CASH VALUE LESS
COLLISION OR UPSET
E
,4.
DESCRIPTION AND LOCATION -OF OP ERATIOPGd ANO R.UTOMOBILES COVERED
Location of Operations; Various
Description of Operations: All Operations of
the Named insured
"IF COMPRZHEE IIM, SO STATE.
THIS CERTIFi, -�TI: OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS
THE COVERAGC AFFORDED BY THE POLICY OR POLICIES SHOWN kBOVE.
..� s.r.,._ ORIZCD REPRi,'SENT TlV i
IN EVENT OF AN'V MATERIAL CHANGE IN OR CANCELLATION OF THE POLICY OR
PCNjCt4S TI'.ECOMFAt1Y WILL L.AKE9V9RYBFF'ORTT0 NOTIFY THE AVORCSSEEBUT w..•,. w.+ ..
'W t 1
{DGATAKES NO AEtrPONST4JILITY AY REASON OF PAlLume TO DO 5O. I ` ` 300110-1-73
.s.
I
I
I
S
I
ADDITIONAL INSURED
[Owners or Contractors) .,
r,
This endorsement modifies such insurance as is afforded by the provisions of the policy ;elating to the following:
COMPREHENSIVE GENERAL LIABILITY INSURANCE
MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE
This endorsement forms a part of the designated policy and applies, unless otherwise stated herein, as of the effective time and
date of such policy.,'
f+"
Policy No.
Issued By Fireman's Fund Insurance Company o
-jLC 2396963
5
V
/ Effective #"
Producer's Producer's Code 1 �t
Name Cleverdon & Co of California �� __ _ t9�? at«12 Ol r
and 100 Pine Street ` 1
Address
• San Francisco California 94111
Named,,
Insured Irvine Rancid Water District, Etal
and Address P.O. Box D-1
. (Number and
Street, Town or Irvine, California. 92664
City County
and State)
Schedule i
Name of Persons or Organizntion
(Additional Insured) City of Huntington Beach a7lon of Covered Operations Various
lei O /00
~
dV 2
mill
MI
041
RUTAN & TUCKER
A. W. RUTAN' BBBO7ZI
•I9
ATTORNEYS AT LAW
NEWPORT BEACH OFFICE
d DAMES 0. TUCKER SR
ItBBB-19501
WELLS FARGO BANK BUILDING
610 NEWPORT CENTER ORIYE, SUITE 900
'
M.LFOPO '� OAHL
CLIFFORD E. FRIEOEN
M. RODGER -• '.,.L
jw JAM ES s. T CKER
GARV IN F, SHALLEN 8 CROER
ARTHUR G. KIDMAN
NICHAEL O- RU9IN
MARL WINTHROP
401 CIVIC CENTER DRIVE WEST
POST OFFICE BOX 1976
POST OFFICE SOX 7369
NEWPORT BEACH. CALIFOWN1A 92660
'
d'
JAMES R MOORE
x.
IRA G, pIVIN
TELECOPIL'R U141 7SP•0993
ROBERT L RISLEY
JEFFREY M OOERMAN
SANTA ANA, CALIFORNIA 92702
UIC 7S9.O033
-
HOMER L. MCCDRMICK. JR.
Fr:'e HOWARD F HARRISON
WILLIAM H. KEISER
RUDOL. H G SHEPARD
TELECOPIER (71a) 556-1566
IJ JAMES E CRICKSON
r. S- WOLCOTT, ilL
^^
WILLIAM R @IEL
ROSEPT S. BOWER
(7141 835-2200
fS' R CHARD A- CURNUTT
MARG A > FORS'T.
A.
1, JOHNAR.S, HVRL@UTAMPE JR,
WILLIAM M MAR
THOMAS A P S..ONEF,.rvA
IQA.
' MICHAEL W IMMELL
LAWRENCE I OREYFUSS
IN REPLY PLEASE flEFER TO
fit}
•^rl'.
THEOD O W'.. A. L-AII. JR.
E RE 1. WA{.LACE, JR.
ERIC NELSON LAN PHAR
EPIC G.
February 7 , 19 8 0
.�
RI AR
ROBERT P. SIMS
ROSERT
YEAGE
E• MEAGER
C. BPA LE
1 ROGER A. GRABLE
NA C.
RENA C. STONE
V/.LLIA J. GAPLAN
a
TOWARD O„S&ONGE .JR_
THOMAS 5. SALINGE
.
M.t FE
OU
L. DOIN
) ..
f
l
D. RRY R,_ AR 9SCHER
D. G,LARSEN
DIAN
PHILI
PHILIP O. HOHN
D.KUPERBERG
}
4'
DANIEC K. WINTGN
EIIZ
ELIZABETH A- NEALE
t
Ms. Alicia M. Wentworth
City Clerk
P. O. Box 190
Huntington Beach, CA 92648
RE: San Joaquin Reservoir
Memorandum of Settlement Principles
Dear Ms. Wentworth:
Enclosed please find a xerox copy of the above
referenced agreement. This copy has the signature page
of the various counterpart originals ccnsolidated to
show execution by each of the parties.
A copy was forwarded to Charles W. Matheis, Jr.
of the City Attorney's Office under cover of January 9,
1980.
All of the originals are on file in my office and
are available for inspection.
Very truly yours,
RUTAN & TUCKER
Arthur G. Kidman
® AGK:lb
City of Huntington Beach
*�
ne
a P.O.BoxLsad? CALIFORNIA 92648
OFFICE 01, TIU CITY CLF'RK
February 6, 1980
>.
Rutan t, Tucker, Attorneys at Law;,:
_.
dells Fargo Bank Bldg,
P. 0, Box 1976
401 Civic Center- Plaza
Santa Ana, CA. 92702
Attn: Arthur G. Kidmdn
;>
Gentlemen,,
On Kovembei5, 1914 the City Council of the City of Huntington Beach
approved the Barr Joaquin Reservoir Memorandum of Settlement Principles.
OnNovember 19, 19-79, we forwarded two copies of said agreement with
or'igiias:-19mitures per your letter of request dated November 8, 1979.
wall rpnsaUtra mr,0viyig an executed copy of this agreement for
ou;r e(cords.
Sl oce?ely,
Alicia H. Wentworth �
City Clem
LTr: nN' vlla.rwil
I
1
s
CITY OF HUNTINGTON 13EACH
INTER -DEPARTMENT COMMUNICATION
MUNUNGWN BEACH
To City Clerk From C3 t'y Attorney
Subject San Joaquin Reservoir Date November 13, 1979
r
Memorandum of Settlement
.k`
Principles.
Attached hereto is the subject memorandum which must be executed in
counterpart by each of the various agencies involved. Therefore, it
will be necessary to secure the Mayor's signature pursuant to action
taken November 5, 1979 and forward the original executed document to
Mr. Arthur G. Kidman Rutan and Tucker.
0
)GAfIL HUTTON
City Attorney
GH:bc
Attachment
cc: City Administrator
Director of Public Works
Water Superintendent
Councilman Mandic
City Treasurer (See Page 4 of Kidman letter dated 11/'8/79)
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RUTAN & TUCKER
ATTORN'S AT LAW
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TIiCC�0. 6 ', —LICE 1. A.-
Vlc—o Sims Is I -G-. November 8, 1979
..BER C. 8-u. C.
ROGER A. GPA6LC CJ TCIaEP
'
--.0 s. BALING ER -ILI'm -CAN
CAR-N
4UTI
J�-
Alexander Bowiie, Coun-zl for
Irvine Ranch Water District
Jack Ri-ael, Counsel for
Coastal Munic—,pal Water District and
z. Laguna Beach County Water District
Thomas Woodruff, Counsel fcz-
South Coast County Water District
Hugh Coffin, Assistant -ity Attorney
for City of Newport Beach
Fred Vendig, Deputy General Counsel
zLcr Metrop,Dlitan Water District
03
"il Hutton, City Attorney
for City of Huntington Beach
Michael An Banzhaf, Etaff Attorney
for The Irvine Cohipany
Russell Behrens, Ca=sel for
Mun--cipal Water District of Orange County
Re: San Joaquin Reservoir
Mem::.randum of Settle -,ant Principles
Enc)osed please find two c-' )ies of the final dza4---
kdated October 5, 1919) of the San Joaqilin Reservoir Mc-,q,.o-
f4ndum of Settlement Princip.c.ts. Plea�',e have the apprc-
pr-'ate 0 ficers of your clients execute the Memorandimi in th-
appropri-ate plata and return the executed countarpart
or3-ginal to this office. When we have received all of the
' fAili
RUTAN & TUCKER
ATTORNCY$ AT LAW
November 8,, 1979
Page 2
executed counterpart origira_s, we will prcvide a fully
conforried copy, with xeroxed signatures of all t',e parties,
to each of you. We will retain the counterpart originals
in our files in case they are ever needed -or future
r. ;ference.
We are pleased to inform you that irtual, ly all
of the parties involved in the San Joaquin Reservoir have
approved the Memorandum of Settlement Princ`-)es. T:.':E
City of Newport Beach and The Srvina Company are t;ce only
parties yet to obtain approval from their governing, bodies.
We understand that the Memorandum will be r esented to the
lNewport Beach. City Cuanciil on this con .ng r _lday, Novt:n
be,; 12, 1979, and that approval is anticipated since the
matter has been placed on tb-; consent calendar. We also
urders',and that approval by She Irvine C-apan:y Board of.
Directors is anticipated in the near future. We certainly
appreciate the effort that each of you have exerted in order
to Obtain the. necessary approvals for this Memorandum of
Settlement Principles.
While all of the partie+s have given their approval
in conchpt to the Memorandur, several agenci-s have raia:ed
ooncerris which they hope to see addressed in the final.
Trust Agreement. Since the Memorandum of Settlement Prin-
ciples is intended as a broad conceptual outline of the
future Reservoir relationships, we belie-;e that the con -
deters which have been raised are not inconsistent. with
the Memoranc'_um. We arv., recommending, therefore, that the
Memorandum be finally executed and that the add_ti_onal
concerns which have been zaisr:3 since +Je final draft of
the Memorandum should be xaw,d and Licorporated intc the
final Trust Agreement, if any of you lxti:°e a dirferent view,
please call the undersigned immed.ately.
The concern -hick have been raised aye .-alinoatc-d
below.
(a) Metropolitan'fa approval of th,, Memoran-
dint was 7onditioned on The Irvine Company not being
party to the; xemc,,�.andum. :Metropolitan `s counsel
-as raised concern as to ihethf�r Metropolitan can
finance the restoration and irR!rovement work on the
Aeservoi:r if a private company is involved in the
transaction, However, vinoe TIC is an owner of, the
Reservoir at present, it seems evident that TIC must
RuTAN & TuCKER t
ATTORNEYS AT I.AW �.
l.ove<mber g', 1979
Page 3 LL:
be a party to the Memorandum. We believe that
the question of whither T:C will participate in
Metropolitan's constr ction financing can be
appropriately addre:apad -n the Trust Agreement
without. disturbing the Memorandum. Metropolitan's
staff, therefore, has undertaken, to have the
Memorandum reapproved by the Metropolitan Board
next week in order t have the condition with
respect to TTC rt -)+red.
(b) IRWD has expressed conc��_n with respect
to the percentage of owners.iip interests in the
Reservoir required to approve major capital expend-
itures in the future. IRWD is concerned that a
majority of owners may :De able to approve substan-
tial capital projects witho,it IRWD concurrencL-
even though IRWD will be obl.gated to r.ay nearly
half of he costs. We believe that the question
of sabsta:itial capital expenditures may appropriately
be addressed as we prepare the final Trust Agreement,
The Memorandum contemplates that certa_'Ln types of
decisions will require unanimous approval and other
types of decision: Will require only majority appro--
val. The Memorandum cc:ttemplates that the precise
delineation of what topics will require which level
of approval will be worked out in the final. Trust
Agreement. Consequpntly, we believe that IRWD's
concern c�_n be addressed in the Trust Agreement
and we are confident that a satisfactory solution
to the c�)ncern can be worked oat.
(c) bf4DOC has identified several concerns
to be addressed in fina: preparation of Lz.e Trust
Agreement, J`IWD0C desires that the Trust Pgreemc.nt
explicitly recognize the posit4.on of NNDOC and
Coastal in water transactions with Metropolitan.
P9,,T0C- is ilso concerned that nothing in the final
San �7oagv Reservoir
n Reserir solution will
be detrimental
to gther MWOOC customers who are not parties to
the transaction. MWDOC is also cl,;nc-rned about
?Metron, `tan`s 2CJ acre foot emermenoy storage
rese " r the Reservoir but is Willing tc defer
to Meiropolit•.zn's ,judgment with respect to that
natter. Vinally, �mILOC has ,equested that M MOC
and Coastal br, ex offic.io members of the Ban Joaquin
Reservoir Advisory. committee. We believe that each
of these co-icerns may appropriately be addressed
a.n the preparation of the Trust Agreement and do not
require of the ffemorandum,
(d) The Irvine Company is concerned that
the Memorandum rs.auizes TIC to pay a shar5i of
future Reservoir operating, maintenance and capital
costs, Since TIC is a pre -paid owner of reservoir
capacity,• by virtue of having donated the Reservoir
site, TIC management has raised objections to
these costs,; We believe that it is gener-:'_:.v
understood amona all the parties to the negolaa
tions that TXC's capacity in the Reservoir is
pre --paid and that TIC is not obligated for all
Reservoir costs to the sauce extent as other parties.
We also bel ave that them ws general concurrence
with the concept that when TIC's capacity is
trans ferreO. to the City of Newport Beach or any
o+-:her agency, the capacity loses wt.s character as
'pre --paid" and the acquiring agency should be
required to pay a pru rats share of Re—irvoir
exper..ses like any ether party to the to nsaction.
Uhile the Memorandum has provisions whi._b are
contrary to the concept that TIC capacity is pre-
paid and not subject to all Reservoir expensos,
we believe that the Memorandum also contemplates
that TIC capacity is "special" and not subject
to all of the rules applicable to other capacity
in the Reservoir. Moreover, TIC's capacity in the
Reservoir is relatively minor,, For these reasons,
we believe tha': TIC's concern can be work-eO out
at the final. Trust Agreement stage without requiring
modification of the lv,emorandum at th<.s time.
(e) The City of huittingtor, Beach has raised
t.ha question of future liability of Reservoir
owners fir accidents which may occur in connection
with the existence or operation of the R(, ervoiM.
t Certainly, the; mattes: of liability and any possi-
bil ty of hold harmless provisions will need: to be
addressed in tha Trust Agreement.
We believe all the foregoing concerns to be rnon-
fandamental and to be not inconsistent with the central
concepts of the Memorandum of Settl.pmont Principles.
We further believe that each of the concerns can be
addressed in the final Truss. Agreement *without requiring
moda.ficatiori of the ;Memorandum. We hop(, : that each of
you concuz- ti-1 this view and :ghat you can obtain execution
c� the: M,eino�randum without necessity ,of redrafting or
rsapproval.'by the governing bodies.
"AtroaN�a�idy�,��mat�ts�aa�w��nrr.�m��as��:uw.n�.,. ....�v,.�_:,a,.x�akc;tVk�§&e�h`'���s.��Sxsxiiku3�in�r,e,��.�.� w �.°'•"�r`
By way of information, we wish to report that
negotiations between, Mesa Consolidated Water District and
James M. Montgomery Consulting Engineers, Inc. are pro-
greasing satisfactorily. The.,e negotiations are for the
purpose of settling the Cross -Complaint brought by Mesa.
againsr Montgomery in connection with the Reservoir. It
will be necessary to achiexe settlement of the Mesa -
Montgomery lawsuit in order fo-r: the balance of the Iti-
gation to he resolved. While the Mesa -Montgomery settlement
is not yet final, we believe that a compromise will be
achieved in the near future. Implementation of that compro-
mise, naturally, will be contingent upon satisfactory
resolution of the balance c' the lawsuit.
Now that we a,,parently have substantial agreemen+.
with respect to the broad outline for settling the Reservoir
dispute, it is time to commence working out the details in
a Trust Agreement, Settlement Agreement, and other documents
necessary to effect transfer of Reservoir interests and
implement the settlement principles. Since the time exten-
sion on the litigation will run out in less than two months,
it seems incumbent upon each of gas to devote the time
necessary to implement the Memorandum of Settlement Prin-
ciples. To this end, we suggest an early meeting among
attorneys to begin organizing the conduct of this work.
Therefore, we would like to call a meeting among attorneys
to be held at 2:00 p.m. on Wednesday, November 14, 1979,
at the offices of Rutan & Tucker. If that time, date and
place is inconvenient to any of you and you do nct have =.n
ava.lable assistant to attend the meeting in your place,
please notify nay secretary so that we can contact the others
and work out more acceptable arru:ngements.
Again, we would like to thank each of you for your
contribution to working out the Memorand::im. Cry Settlement
Principles and obtaining approval from youz clients. We
loc�k forward to working with each of you in the coszirg week.
as we attempt to finally conclude the San Joaquin Reservoir
litigation.
Very truly yours,
RUTAA & TUCKER
vie
Arthur G. Kidma
ACM- jb
Rn4~
i
RUTA'N & TUCKER
ATTORNEYS AT LAW
1
A. W. RUTAN IIRBO-I9Yx1
DAS B. TUCKER, SR, THE BANK OF CALIFORNIA BUILDING
MENBBA•196 OI
K. LIN COUNSEL
W.OF COUNSEL
si MILFORD W. DAHL C. RI CHARD LEMON 401 CIVIC CENTER DRIVE WEST
NORMAN H. SMEDEGAARD RICHA RD P. SIMS
H. RODGER HOWELL C. CRAIG' CARLSON -POST OFFICE BOX 1976
JAMES B. TUCKER JOHN J. MuRPHY
NEWPO RS JECCH OFFICE
•'
t..
GARVIN F. SHALLENBERGCR WILLIAM R. RAUTH III
JwM[5 R, MDORE M. STEPHEN COONTz SA61TA. ANA, CALIFORNIA 92702
610 NE'NPORT CtNTER DRIVE, SUITE 90O.
+
HERBERT .. WALKER ROBERT C. BLAUN
Tt ROBERT L. RISLEY EDWARD DSYBESMA. IR. 1714) 635`2200
NEWFORT BEACH, CALIFORNIA 92660
TELEPHONE I714) 835.2200
'
'{
J
C4. NICK E, VOCCA THOMA5 S.. SALINGER
FRITZ R, C. Q.
F
STRADLVge PAUL LOIZEAUA..
PAUL FREOERIC MARK STEPHEN G. POE,
k HOMCR 1. MCCMRMICK, JR. ROGER A. ORABLE
EDMUND R, CASEY BARRY P. LAUBSCHER T
January 29, 1976
IN REPLY PLEAI�.E REFER TO
.�
HOWARD ` HARRISON BRUCE R, CORBETT
DAMES E. E�'r.CASCN THOMAS P. CLARK, JR.
WI LLIAM R. BILL -1D C. LARSEN
'1 r [(11 (� /� ^7
l60 0-0.0 14
"CHARD A CURNUTT K. C. SCHAAF'
L EONARD 1, HAkPEL JOHN C. TEAL. JR.
J OH N B..A URLBUT, JR. DANIEL K. WINTON
MILL AE' W E ANS JOHNCtirFRD E. FRIEDEN
MILFOR C DAHL, JOHN A. GLKIDM
MILFORD W pAHL,JR. AR HVR G. KIDMAN
jv
�� •. ���
fir.
TH 7.000RE I WALLACE, JR. MICHAEL D. RUB:N
COLLEEk M CLAIRE ELIZABETH w. STRwVSS
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+`
STUART T. WALORIP.
r.\
!J `i
City of Huntington Beach
2
1k,
Attention: Don Bonfa, City Attorney
pl
Post Office Box 190
Huntington Beach, California 92648
y
V,
Dear Mr. Bonfa:
=.1,
As you are aware, jur firm is representing
Costa Mesa
County Water District in that certain litigation
known a3
Irvine Ranch County Water District v. MWD,
Costa. Mesa County
Water District; City of Huntington Beach,
et al. We are also
representing the District with respect to
a cross -complaint
brought by su,.h District against the Irvine
Ranch and other
cross -defendants who are involved it: the planning,
construction
or operation of the San Joaquin Reservoir.
The City of Hunting-
ton Reach has been served in the above referenced
litigation,
and has filed an answer.
Previously Costa Mesa County Water District, acting
through its Board of Directors, made a proposal to the City of
Huntington Beach to share expert witness costs with the City.
That proposal was approved by the City, including an arrange-
ment to ,share in costs already paid by the District; provided,
however, that the reports of the experts previously hired by
the District would be available to the City and its attorneys. �
Another proposal was made by the District to the City to have
the City share in the attorneys fees heretofore or hereafter
expended in this litigation by Rutan & Tracker. Under this pro-
posal Rutan & Tucker would have acted as co -counsel with the t
City Attorney's office, but was to shoulder a principal portion
of the litigation load that this lawsuit will entail.
Although the City Council determined to sharp expert
witness fees, it also determined that it would not share in the
fees to be paid Rutan & Tucker for its efforts with reference
to such litigation. After that determination was made, the City
r
RUTAN & TUCKER....
City of Huntington Beach -2- January 29, 1976
Attorney's office has handled the litigation on behalf of the
r,e
f
#.`.
City separate and apart from the representation of the District
r"
by Rutan & Tucker.
I have been informed that a meeting has been held recently
between certain City Councilmen and representatives of the Dis-
trlct, and that at the conclusion of that meeting representatives
of the District authorized me to propose, if agreeable with this
`7
`- firm, that Rutan & Tucker be designated as lead counsel for the
of representing both the City and the District. The
purpose P g y
� ...-0
City.Attorney's office would act under this proposal as co -
counsel is connection with the defense of the City or in the
prosecution of any cross -complaint of the City. No attorneys
fees would be required to be paid by the City for the services
'
of Rutan & Tucker; rather, the entire cost of such services
would be borne by the District. The City, however, would be
required to pay for the services of its own City Attorneys
Department to the extent that the City Attorney's Department was
involved in the litigation. All legal costs, such as costs of
depositions, filing fees, etc. which were expe..ded on behalf of
the City would, of course, be paid by the City. The City would
have no responsibility for paying for any fee;, costs or other
expenditures made on behalf of the District, except to the extent
that expert witness fees as discussed above were shared pursuant
to the previous agreement between the City and the District.
Having discussed the matter with representatives of the
District, the District understands that our representation of
the City 'would require us to make an extensive investigation of
facts relating to the defense of the City's position in such
litigation, together with an investigation of facts relevant to
and cross -complaint it may be advisable to have the City bring
in such litigation and to have numerous conferences with City
per--onnel who may testify in the action or otherwise have rele-
vant facts which will aid in the preparation of the City's cas=--
Additional work will also be required, of course, to present i
City's case in the event that the matter proceeds tv trial.
The District understands that the total fees involved will be
4
substa,Ztially greater than they would be if Rutan & Tucker repre-
sented the District only. Nevertheless, the District is prepared
to pay such fees and has directed me to make this proposal to
the City it writing.
Our firm is agreeable to proceed in the above described
matter to represent the City as lead counsel providing that this
proposal is acceptable to both. the City Council and the c::.i_ty
Attorney's office. You have indicated to me on the phone that
your preliminary analysis shows that such, an arrangement wolf'd be
looked upon favorably by your office, and that we should make
this proposal in writing to the City.
P`
r '
RUTAN & TUCKE!q
City of Huntington Beach -3- January 29, 1976
u.
We would appreciate a review of the proposal by your
office, and if you determine that the City Attorney's office
approves of the arrailgemcent, please signify by so indicating
on the space provided below and forward this letter to the City
Council for their consideration. If this arrangement is accepted E
by both the City and the City At4-.orney's office, please return -
to us a copy of the letter showing taa approvals in the spaces
indicated.
--gal ,
,'AN & TUCKER
w
By r -,�r.L
omer L. McCormick, Jr.
The above arrangement is acceptable to the City Attorney's
Office.
DON BONFA, City Attorney
City of Huntington Beach
=='
By
This atr{inclement is acceptable to the City of Huntington
Beach.!{
ATTEST: CITY OF HUNTINGTON BEACH i
,���% y`! �c�i�!✓ By
Alycia M. Wentworth N,-)'Cina Brandel Gibos
r ty Clerk mayor
HLM:ehe
cc._ Costa Mesa County Water District
Attn: Board of Directors ?
s
f
City of Huntington Beach
P.O. Box ISO CALIFORNIA 92648
ENGINEERING DEPARgYED BY �zTx Oo�rNO��.
d
TO: Hon6rable Mayor and City Council - .,..�,,;, ;,�,n�✓c%�-
ATTN: Floyd G, Selsito, City Administrato " csTx
PROM: H. E. Hartge, Director of Piiblic Works r��
HATE: November 42, 5.977
SUBJECT: Emergency Repairs, San Joaquin Reservoir Water Transmission.
Main
STATEMENT OF PROBLEM:
During February, June and July major leaks occurred in the subject
main, jointly owr,' by the City and the Costa Mesa County Water
District, The Czg-y's share of the repair costs $65,343.95, and
no Bands were budgeted for emergency repairs of this magnitude.
RECOMMENDED ACTION:
Approve use of the Water. Utility Fund for payment; to Costa Mesa
County Water District.
ANALYSIS
The San Joaquin Reservoir transmission main is jointly owned by
the City and the Costa Mesa.County Water District. Under a con-
tractual agreement executed in 1963, repairs to the main are to
be made Sly the Costa Mesa Count* Water District and the Vty is
required to pay 41,4% of the costs. Casts bl'.1ed to the City have
been examined and verified. '
FUNDING SOURCE:
Transfer $64,736.,20 from eater Utility Fund to Accoutzt 920413
(transmission and distribution expenses). FIR attached,
'iEH.EAE; jy
Attach
.�.
}
CITY OF HUl( TINGTON BEACH
HoO.H
INTER -DEPARTMENT, COMMUNICATION
HUMINMON BFACIf
4
}
To Floyd G. Fielsito From
F. B. Arguello
City Administrator
Director of Finance
Subject Financialimpact Report - Date
November 30, 1977
r 7
San .Joaquin Rese,voir Water
Transmission Main
ry
4
In response tc a request from the Public Works Department
to prepare a Financial
u
Impact Report on the above subject, I -am submitting
the attached. At the present -
time there are funds available in the Water Utillty`s
Unappropriated Fund Balance
to pay this request if the City Council so desires.
These funds have been accumu-
�.
lated from prior year surpluses.
The funding for this project has been included in a
resolution to revise_aprropria-
tions for the fiscal year-1977-197b.
4
F. B. Arguello
Director of Finance
FBA/,EH/cg
cc: Fi. E. Hartgo, Director, Public Works
c
E
;x
1
i
�tl
4 February 1976
TO: Honorable Mayor and City Council
FROM: City Attorney r
SUBJECT: Irvin. Ranch County Water District v. MWD, Costa
{z
Mesa Gounty Water District, City of Huntington �
Beach, et al.
Transmitted herewith is proposed letter agreement from the law
firm of Rutan & Tucker, dated January 29, 1976, which they have
transmi.;ted to the City of Huntington Beach at the request of
the Costa Mesa. County Water District.
You w=-ll recall that on November lf, 1975, the City Council,
by minute action, accepted the p°yoposal of the Costa. Mesa
County Water District to share on 60 (district's) --- 40 (city's)
basis engineeri,:g expert fees accrued in the past and also to be
accrued in the future, on condition that expert studies, re
ports, a.dvicp and testimony is made available to the City of
Huntington Beach. At the same time, it was the express desire
of the City Cou:icil not to accept water distri^t's proposal
for sharing of water district's attorney fees, earned and to
be earned by Rutan & Tucker, attorneys for, water district.
The annexed January 29, 1976 letter modifies the proposals with B
respect to sharing of attorney's fee- to Rutan &Tucker and in
summary, provides that Rutan & Tuckei, at•the request of water
district, would be lead counsel for both water district and City
of Runtington Beach. The City Attorney would remain in the case
as co -counsel. The city would pay costs expended on its behalf
such as costs of depositions, filing fees, etc.. However, the
city would have Y4o responsibility for paying any of the attorney's
fees for the firm of Rutan & Tucker, nor would city have any re-
s.)cnsibility for paying any fees, costs or other expenditures
made on, behalf of district, except expert witness fees, pursuant
to Council'`s action on November 17, 1975•
District would pay to the firm of Rutan & Tucker its attorney's
fees accrued for work do:-e on behalf of the City of Huntington
Beach and District understands that Rutan & Tucker's representa-
tion of city would require that f1rm to do considerable extra
legal work which district s.grees to pay for.
c t
Memorandum to Mayor and city C00,ncil 4 February 1976
Irvine Rq.nch County Water District 5 acz 2
L:Lt iga.t i on
is
SUGGESTED ACTION:
�#
Approve the letter agreement of January 29, 1976 and direct the
Nr
d, Mayor and City Clerk to execute same.
Respectfully submitted,
DON P . BONFA
'
City Attorney
DPB:ahb
Attachment
APOROVED AS To CO2
d ENT
CITY ADMN`ISTRA6W
•1
CITY OF HUNTINGTON BEACH�
INITER-DEPARTMENT COMMUNICATION
HUN:INCTON GfACH i' r
City Administrator
To Assistan't; City Administrator From City Attorney
Subject San Joaquin Reservoir Litigation Date 12 November 1975
Please put captioned matter on the executive session agenda for Council
meeting of November 17, 11075, and have Mr. Eric Lovejoy in attendance
explain the situation with respect to Costa Mesa County Water District's }
Letter, dated September 23, 1975. "
TON P. BONFA t'
City Attorney
DPB:ahb ,
co: Eric Lovejoy, Water Superintendent
Michael H. Miller, Deput;• City Attorney
a
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COSTA MESA COUN'-..r%vf Y.VATER DISTRICT
(Pfg) 55A-32I0 77 FAIR DRIVg g P.O. BOX 0907 a COSTA MESA, CAi.lFi?1 NIA 9a6al
September 2.3, 1975
Honorable City Council
City of Huntington Beach
City tall �
P. Q. Boat 190
Huntington Beach, California 92648
Re., Irvine Ranch Water District vs. City of Huntington
'Beach and Costa Mesa County Water District,
Orange County Superior Court Case No. 227,083
Dear City Council Members
t
Because of the close relationship between the City of Huntington
Beach and the Costa. Mesa County Water District with regard to the
Sari Joaquin Reservoir and our joint Transmission line to deliver
the imported water supply from this facility, and because of the
substantial similarity in the interests of the City and the
1 District in that Reservoir, the Board of Directors of this Costa
Mesa County hater District has requested, that 1, on behalf of
the Beard of Directors, inquire of the City about the possihility
of sharing the cost of experts and attorneys in preparing a defense
to the above -referenced matter. The District has retained Fugro
Consulting Bngineerss and Geologists, and Hank Mills, former
- General Manager of Metropolitan hater District of Southern California,
as experts, and the law firm of Rutan & Tucker for the purpose
of preparing a legal defense.
It is the feeling of the Water Distract that a division of these
oasts between the District and the City on a 60-40 basis would
be equitable. The rater District would bear 60% of the attorneys
and experts` feces, and the City ^40% The 60--40 split is based
upon the respective interests of the Water District and the City
in the iReservo r the Water District having a contract lease of
600 acre -•feet of storage capacity in the. Reservoir compared to
the City°s lease of 400 acre --feet capacity.
A
Page two
Honorable City Council
City of Huntington reach
SepteLnber 23, 197
To dater the Water District has incurred costs of $5,432.53 for
engineering experts. Representatives of both the City of Huntington
Beach and the District have held several conferences with the
above -named consulting engineers. The work done by these experts
�
includes reports and analyses essential to the future prepi�ration of
the; 'cease. As to the attorneys' fees., the law firm of ratan & Tucker
harp been involved in researching and reviewing this matter since
3
they initial problems with the reservoir occurred in 1972. We are
s:
informed by Rutan & Tucker that most of the work done in 1973 and
w"
1974 for the District will directly benefit their preparation in
this action. The District, however, would be willing to contribute
all research and information obtained by such #ttarn�yet prior to
1975, and forego any sharing of a�orneys' feC9 for such pear od.
Commencing with the beginniig of 1975, the District feels it would
�
be e.4uitabl.e to share tm - cast of such attorneys, services. in
this connection, .fees ii3 the amount of $10,902.00 have been incurred
to date during 1975 and p�--id by the District.
The pr.ncipal, trial attorneys working on this matter are Homer L.
McCormick, Jr., and David C. Larsen. In addition# the District's
regular attorney, H. Rodger Hower, has also been involved. We
are informed by Mr, Larsen and Mr. McCormick that the expenses
incurredd thus far relate generally to legal research, confere3nz--es
with the cc:nsulting experts, ate review of the documents and records
of the ,Metropolitan Waiter District of Southern California and Irvine
Ranch 'Water District. It is therefore the fealing of Messrs. ,Larsen
and McCormick that the information obtained would be as beneficial
to the City as it is to the Cuter District in the event that the
law firm of Rutan & Tucker should represent both parties.
Should any of the City Council Members or Cray Staff have any
questions in connection with this matter, the District's General
Manager Ray Hudson is available to confer on the informational
details.
Cordially,
Nathan, L. Read#
president,
Hoard of Directors
COSTA 1ZS;r C OUM WATZR DISTRICT
NTT,/j f
t�
Y
&.-, jF PA
till{ it i'411aT
IRVINE 11AM111 �1"Ifftfi 111STRIM
a July 15, 1975
E. Hartge, Public Works Director
City of Huntington Beach
P. 0. P= 190
2000 Main Street
Huntington Beach, California 92648
Re: LIABILITY C"VERAGD
Dear M,-,. Hartge*
The Irvine Ranch Water District is
pleased to advise that your request
for coverage as additional insured
under the District's Liability
coverage, as lessee of capacity in
San Joaquin Reservoir, has been
r-larsued to successful conclusion as eviCenced by the attached certifi-
cate.
The District's coverage is insured
with Fireman's Fund American Insur.-
ance Companies under Policy Number
LC 2396963.
Yours very truly,
IRVW-- RANCH WATER DISTRICT
d
John B. Shallow,
T-Arector of Finance
JBSL,djr
Attachment
OV PUULIC Wot4jC.Z
May 22, 1975 �'/ cr
TO; Ci t1 Attorney
F OM; Michael H. Miller, Deputy City Attorney firc>
SUBJECT: Irvine Raach Water District v. City, et al.
(San Joagt it Reservoir) �
On May 22, 1975, Water Superintendent Eric Lovejoy and 1 met e -<
with counsel for our immediate co-defendants, Costa Mesa Countys
Water Distri^7t. They are represented by mike McCormick of r
Rutan & Tucker. General legal strategy was discussed, and the
parties appeared to be in relative accord as to the direction
of this case.
Mr. McCormick acknowledged that they would cooperate fully with }*n
the city and work closely with us through the plaading stage of
the case. He will make all of his pleadings available to the
city. It is understood that as the case moves into discovery
and towards litigation, a more definitive arrangement will he
made between the parties in terms of work product and fi.nanrcing
o! the litigation. Mr. McCormick indicated that they will bo
seeking additional extensions of time, and that he did not an-
ticipate a problem in :.his regard.
In-genexal terms. the city's main interest in this case is to
avoid 1, < `. i.lity for rental payments for an eighteen -month period
during wi .:ch the reservoir was out of use, and to obtain a court
declaration that the city will not be liable for any payments
should the reservoir be out of use in the future for any signif-
icant period of time. In addition, on the theory that the parties
did not receive what they contracCed for, a reduction in rental
payments for the future will be sought. Rescission is also .in
the picture, but more as a strategic ploy at this time.
I am sending a letter to Mr. McCormick confirming what we dis-
cussed at our meeting of May 22, 1975 with regard to handling of
this case through the pleading stage.
Rutan 4 Tucker are spending a great deal of time on this matter
with three attorneys. Also, they are conducting an investigation
and utilizing consultants. Accordingly, I believe it would be
in the best interests of the city to eventually share some of
these costs with Rutan & Tucker and work out a specific arrange-
ment as to the litigation phase of this case. However, at this
AN
��
■
Memo to City Attorney May 22, 1975
Re: Irvine Ranch Water District Page 2-°
k
time and in the near future, we should definitely act as counsel r'
For the -zity. it is anticipated that trial is at least a year ram,
away. .
MICHAEL H . MILL R�
Deputy City Attorney;}^,;
MHM : be
Y
i
f
1
t�-
4
Page #7 - Council Agenda - 11/17/75
P
M. ADMINISTRATIVE ITEMS
a>
M-1. VEHICLE USE STUDY _ (CA 75-73)
3
k:
Communication from the City Administrator requesting the City Council
to review the Vehicle Use Policy Report and consider the various
alternatives.
SA: Discretionary with Council.'
M-2. CAMPER PARKING REGULATIONS REPORT - (CA 75-72)
Communication from the City Administrator regarding enforcement of
Section 10.44.060 of'the Huntington Beach Municipal Code relative to
Vehicle and Trailer Parking Restrictions.
SA: Discretionary with Council.'
M-3. HARBORS & BEACHES OPERATION - (CA 75-71
Communication from the City Administrator regarding a study providing
for 'five alternate methods of maintaining the beach operation and
requesting authorization to pursue Alternative 3 - Encourage the State
of California to operate and maintain the ,city.beaeh and Alternative
4 - Expand city operation to include Bolsa Chica and Huntington State
Beaches,
t
SA: Discretionary with Council.
N. CGI IENTS FROM COUNCII,
c
0. XttRS DISTRIBUTED TO THE CITY COUNCIL
4-
0-1. Fire Department - monthly administrative report September, 1975.`
X. 0-2. Harbors & Beaches Department - monthly activity report - October, 1975.
s
rk,
CALL EXECUTIVE SESSION - To discuss pending litigation matters. .
xi
RECESS
RECONVENE
P3 AT'+,3'OUMPIENx
ALICIA X. VENIVOM,CITY CLERK ( 7
C;TY OF HUNTINGTON BEACH
F I NANC. AL I.M''Ac r REPORT
G-
Project Name San Joaquin Reservoir Water Transmission Main
Description To pay the City's portion of repair -costs on the main due to major
aaks that occurred in February. -June and Jule, 1977.
1. DIRECT PROJECT COSTS
1.1 One -Time Costs
a
urn., aci i-
Acquisitior.
Construction
ties, E ui ment. Other
Total Cost
65,343.9
65,343.95
1.2 Recurring Annual Costs
Additional.
Payroll Personne.]
Materials
supplies
Outside
Sr.•,rvices
Revenues
Total Cost
1.3 Replacement/Renewal Costs
This is a one time emergency repair ccs which represents our share or
41.4% of the total repair costs.
Financial Impact Repo`Mk r.
Page 2
3 NON -DOLLAR COSTS
None
4. BENEFITS TO BE "DERIVED FROM THE PROJECT
Repairs are already completed. The City owns 41.4% of this main and is one source
of ;eater for the City.
3. PROJECT USAGE
Water customers of the City of Huntington Beach.
.J
6. EXPENDITURE TIMING 1
i
Whr>n diZR�vari _...._ 1
{
7. COST DF NOT IMPLEMENTING THE PROJECT
The City would be sued by Costa Mesa Water District for, the payment plus interest.
x
IMINt RAN WAIR 011atRIN
-A
POST OFFICE BOX D i #``n
IRV'IN•P, CALIFORNIA 92664
August 2, 1966
APPROVED gY CITY COUNCI.,
G 1 1
City of Huntington Beach
----- �_ _ . 19.,.....
City Hall
... .., ..:...... ....... �,.;
Huntington Beach, .California CITY CLERK
Gentlemen:
t
Notice is hereby given that San Joaquin Reservoir, the
eservoir referred to in Section 10 of that certain Reservoir
Lease Agreement between Irvine Ranch Water District and the
City of Huntington Beach dated August 7, 1963, has been
completed and the water transportation facilities leading
to same have been completed. Final construction ccst of the
reservoir together with all costs of engineering and inspection
in connection therewith, excluding land acquisition costs,
is $5,769,705.98.
The first semi. -annual payment c-91$ 50,000.00 is.now due and �J
an invoice in this amount is attached -herel o:"-'We will
invoice you semi-annually for each payment as it becomes
due.
The present mailing address of the Irvine Ranch Water District
is
'iffl I t RAN H WA H U N R U l
POST OFFICE BOX D I
IRVINE, CAUFORNIA 92664
S T A T E M E N T
August 2, 1966
City of Huntington Beach
City Ball
Huntington Beach, California
First semi-annual payment now due per Reservoir
Lease Agreement between Irvine Ranch Water
District and City of Huntington Beach dated
August 7, 1963.
AMOUNT
$50,000.00
rig';;
i
z�
IRVINt RAG WAIR EMU
POST OFFICE BOX D I
IRVINE, CALIFORNIA 9266A
July ll, 1966
City of Huntington Beach
City hall
Civic Center
Huntington Beach., California
Gentlemen~
Enclosed herewith is a fully conformed copy of the Addendum
;Agreement (Newport Beach) wherein The Irvine Company has
transferred four (4) acre .feet of storage capacity to
Newport Beach aad Newport Beach has accordingly assumed
liability for same,
Very �truly yours,
William R. E in er�
PP g
RANGE-10i1N��tat=IPAWLAT
` #
a
DIRECTORS I
�a p OFFICERSER ISTRICT CLEM M. MC COLLgCH
DAVID X. JONES
President + `,�.,
GERALD E. PRICE THr7MAS S. MADDOCK
CLEM M. MG COLLOCH 412 SOUTH LYON STREET PA.. SOX 1$82 SANTA ANA. CALIFORNIA 9Z70Z yt'llernl �tllnnj;Pr
SecrclarI 1'reanrer
GLENN P. ALLEN PHONE. 541.243f .AREA CODE 714
WINTHROP O. GORDON
w, B. NELLIS
Atrann3' +,
June 24, 1966
APPROVED t�T}}Y CITY G0'4NC1e,
11tX GLtiti� r
Y
City of Huntington Beach
Civic Center
Huntington Beach, California 92646
Gentlemen: San Joaquin Reservoir
The documents have been completed in connection with the acceptance of the
San Joaquin Reservoir by The Metropolitan Water District.
In order to take advantage of the lower water rates prior to July I, 1966, we
have forwarded the necessary more y to cover the total cost of Orange County
Municipal's capacity in the reservoir. Your check for $13,200 representing
your share of 400 acre-feet at $33 per acre-foot should be promptly submitted
to us.
Very truly yours,
ORANGE COUNTY MUNICIPAL WATER DISTRICT
T . S . Maddock
General Manager
Is
cc: JvSr. Winthrop 0. Gordon
y
i
OUNTY
DIRECTORS
OFFICER
z1vil
UpICiPATER
IJ ryIL-
�(•y
DAVlLK,JOhE5
LEM M MC COL
LLOCH
Pnsftleltt
y
i" ",..,
GERALD. E, PRICE
THOMAS S. MADDOCK
s
CLEM M. MC COLL7CH
412 50UTH LYON
STREET P.O. BOK f982 SANTA ANA. CALIFORNIA 927OZ
CLmwl t11RURger
$e'CI{•toff-rrCRfrrre'r
'.
GLEHN P. ALLEN
PHONC'. 54.1.243I AfiEA CODE 714
WINTHROP O. GORDON
`#".'
W. S. HELU5.
Atforrtry
June 24,
1966
4�fI
Mr. R. A. Skinner, General Manager � A,
The Metropolitan Water District
P. 0. Box 54153 k=
Los Angeles, California 90054
Dear Mr. Skinner: San Joaquin Reservoir
In our letter of June 23, 1966, we ordered 2,496 acre-feet of writer fci filling
s the San Joaquin Reservoir which included 96 acre-feet for The Irvine. Company.
We wish to delete 96 acre-feet from our previous request, making the total order
for Orange County Municipal Water District 2,400 acre -,feet. The 96 acre-feet
for The Irvine Company is included in a request for 300 acre-feet made by Coastal
Municipal Water District.
Please refund or credit us $3,168 for the 96 acre-feet deletion, as this amount was
included in our total payment of $82,368 by our check No. 520.
Very truly yours,
C3ft-ING>~ COUNTY MUNICIPAL WATER DISTRICT
cle / 6
Dovid A. Boyle
Asistant Manager
#s
cc: Board of Directors„ OCMWD Costa Mesa County Water District
Winthrop 0. Gordon The Irvine Company
Jack J . Rimel Irvine Ranch Water District
Coastal Municipal Water District City of Huntington Beach
R«
""ih'6 `I �-�u.�..,�,.�..�_,a 'arv�aia�.i�`�'s• - 'sue>,c, .., ,,,.,. _ _ _._ ..a'wd.
DIRECTORS pad }� q� q .'per *9��q paq� OFFICERS
$AYfC K. JGNEs UNICiPA►I- t-! � R IS 4 RIC I� CLEM M. Me COLLOCH
President
GERALD E. PRICE tj THOMAS S. MADDOCK
cLEM M. Me caLLacH 412 SOUTH LYON stnecr P.O. Box 1082 SANTA ANA, CALIRORNIA 02701 General A{anapr
Secretary:[!
rrnu/rer
GLENN P, ALLEN PNONC541.2At1 AREA CODE 71A WINTHROP O, GORDON
W. h..HELLIS ` Attorney
June 24, 19bAa �..PP2ZOVEiD ny Ci'TX W�NGIL
6f t
;
IVY
City of Huntington Beach
e:
Civic Center
;
Huntington Heath, California 92646
�
Gentlemen: San Joaquin Reservoir
u;
The documents have been completed in connection with the acceptance of the
San Joaquin Reservoir 6y The Metropolitan Water District,
In artier to take advantage of the lower water rates prior to July 1, 1966, we
have forwarded the necessary moray to cover the total cost of Grange County
Municipal's capacity in the reservoir. Your check for $13,200 representing
your share of 4 acre-feet at M per acre-foot should be promptly submitted
to us.
Very truly yours,
ORANGE COUNTY MUNICIPAL WATER DISTRICT
RANGECO=UNTrY
}
DIRECTORS+t/+
Tr
�-rp
�7tl71rd7-6-t � 1 dM1"C
'.
_ �q �y
dS 1 1'ti�CT
OFFICECOL
O
{e .•p'.,
D,AVID K. )ONES
G
CLEht M h1C COLLOCH
Prey
t'
GERALD E. PRICE
THOMAS S. MADDOCK
CLEM hi. MC COLLOCH
412 SOUTH LYON STREET P.O. Box 1992 SANTA ANA• CALIFORNIA 927OZ
(il /il'fell llJlllamlvr
GLENN P, ALLEN
PHONE; %41.243I AREA CODE 714
Sear tar}-Treersurrr
WINTHROP O. GORDON
}
W.. S. HELLIS
Attorney
K
k.
June 23,
1966
Mr, R. A. Skinner, General Manager
The Metropolitan Water District !
P . 0 . Box 54753
Los Angeles, California 90054
Dear Mr. Skinner: San Joaquin Reservoir
Enclosed is a fully executed copy of "Amendment to Agreement dated April 4,
1962, heretofore entered into by Ormige County Municipal Water District,
Coastal Municipal Water District, and Irvine Ranch Water District. " Also
enclosed is an amendment to agreement between Orange County Municipal
Water District, Coastal Municipal Water District, and The Metropolitan Water
District which has been executed by Orange and Coastal districts. Along with
coppies of the fully executed agreement, we would appreciate your giving us
a letter of acceptance of the San Joaquin Reservoir.
By this letter we are also ordering 2,496 acre-feet of water to be delivered for
storage in the reservoir for the subagencies of Occ,nge County Municipal Water
District holding capacity rights in the reservoir, as follows:
Costa Mesa County Water District 600 acre-feet
City of Huntington Beach 400 "
The Irvine Company 96 "
Irvine Ranch Water District 1,400
Our check for $82,368'to cover the cost of this water at $33 per acre-foot is
enclosed. Coostc-1 Municipal Water District and the city of Newport Beach
who also hold capacity rights in the reservoir will submit their order and payment '
directly to you.
Very truly yours,
ORANGE COUNTY MUNICIPAL WATER DISTRICT
T. S. Maddock`
General Manager
Is -
cc: Board of Directors, OCMWD Costa Mesa County Water District
Winthrop 0. Gordon The Irvine Company
Jack J. Rimel Irvine Ranch Water district
Coastal Municipal Water District City of Huntington Beache/"
June 10, 1966
Irvine Ranch Water District
Post
�
Officex DI
Irvine, California,,
1
926€ 4
Attention. Mr, William H. Eppinger
Manager
Dear Sir-
Eaclosed please Find on Usl and two copies,
fully execrated, of Addaul r.4 agreement (Newport
Beach) wherein the Irvine r, :+.pany transfers four
acre .feet of its storage capc .ty to Newport
Beach.
The City Council of Rur,v in3toii Leach approved
this document at their regula.2 meeting held on
June 6, 1966,
4
Sino°erely yours,
Pd'fi L C. tt Ql'fES.
Clark
�Cayriity
Encl.
A
Y
AMIRM
r t
V,
C
Resemy09it
INK. RANN, 01b"I.11,01'
POST v: F!CE BOX C, i
�
RVINE, CALkFORNIA 92664
7J5
June 1966
t
City of Huntington Beach
Civic Center
Huntington Beath, California
E,
Gentlemen:
Delivery of water into San Joaquin Reser: ,ir was beguia on March 2,
1966, for operational testing purpowes fist€ore final acceptance of
the facility by the :Metropolitan Water District. A few problems
existed in some of the control devices but these were soon corrected
and operationally the reservoir vas acceptable to the Metropolitan
staff. However, some doubt as to the stability of slopes surrounding
the reservoir were expressed by the staff and official acceptance of
the r,servoir was delayer until a solution of this problem could be
found.
Agreement has been reached for an amendment to the basic contract
between the Metropolitan Water District, Orange County eturicipel
Water District and Coastal, Municipal Water District providing that
any repairs to the grounds surrounding the reservoir be classed a
replacement and as such will not be at Metropolitan's expense. Execution
of the amendment will be completed shortly an6 Metropolitan will
as.ume responsibility foi operation and maintenance of the reservoir.
However, ;inalization of the paper work may not be. completed before
July 1, 1966, at which time the price of water Irom Lietrupolitan
increases $3.00 per acre foot.
As previously stated, water was delivered to the reservoirin March
and the reservoir has been at operat.cvnal level for two months. In ;
order to comply with the tcxms of the contract ?Metropulitar, will sell _
and deliver to Orange District and Coastal District, sepazately,
sues quantity of water as is thus ordered by each of them for storage
in the reservoir, Such water lull, be; delivered after payment: therefor
shall have been made to Metropolitan by Orange and Coastal., at the
applicable rate -hen in effect for water sold and delivered by Metro-
politan for muni.tipal and domestic uses and purposes. Water was
` dL:livered to the reservoir from 'Bast Orange County Feeder No. 2, such
water being filtered and chlorinated, %he present rate Wet at $33.00
per acre foot
V
This letter is being sent to all parties holding capa�,ity rights in G`
the reservoir in order to allow time for each of them to make their
request and payment to their respective :Municipal before July 1,
1966 when the price increase takes effect. Those agencies holding
capacity rights in San Joaquin Reservoir are as follows:
' The Irvine Company 96 Acre Feet
City of Newport beach 4 u rr
Costa Mesa County Water Dib°riot 600 it
{ City of Huntington Beach 400 "
Coastal Municipal Water District 200
(Laguna Beach County Water District 100,
South Coast County Water District 59;
Tri-Cities Municipal Water District 50)
fi Irvine Ranch Water District 1,�4i?0 is
' Total Ager^y Capacity 2,700
If there are any questions concerning allocation of capacities, costs
or otherwise please feel free to call.
Very truly yours,
;r
William H. Eppingar
General Manager
WHEsdt
r
I I Nt RAND WHIR NURIV
POST OFFICE BOX. n 1
I ,
IRVINE, CALIFORNIA 92664
May 26, 1966
/(ttt
City of Huitington Beach
City Hall
'
Civic Center.%c
_Huntington Beach, California
is
Attention: Mr. Doyle Miller, City Administrator
Dear Mr. Miller:
Reference is made to ,your City Council action wherein you executed the
Addendum Agreement --The Irvine Company. This document was circulated
to all the parties to the Supplementary Reservoir Agreement as of the
6th of February, 1964, and all their signatures were affixed. The
conformed copy is transmitted herewith for your files.
The terms of said Addendum Agreement provide for transfer of rights
held by The Irvine Company to others. Enclosed find an or3-final and
two copies of au Addendum Agreement (Newport Beach) wherein The Irvine
Company has transferred four (4) Acre Feet of its storage capacity to
Newport Beach leaving ninety six (96) Acre Feet for the Irvine
Company.
Please execute the original and the two copies and return same to
as. We will return a conformed copy to you fur your files.
Very truly yours,
4i_
William H. Eppinger
General Manager
s
t .
IM:t
µ,
Encs.
Addendum Agreement, The Irvine. Co.
Addendum Agreement, Newport Teach
5
t
m-
April 12, 1966
City of Huntington Beach r'
City Hall*
Civic Center14
Huntington Beach, California
Gentlemen:
i
Enclosed. herewith is a fully conformed copy of Addendum Agreement
(Coastal Municipal Water District) for voui files.
This completes all of the addendum agreements to agencies leasing
capacity in San Joaquin Reservoir. From time to time there will
be transfers of capacity from the 100 Acre Feet held by The Irvine
Company but ro other changes are contemplated.
Very truly yours,
f
William H. Eppinger
General Manager
April 8, 1966
f;
s
t
LJ1 William H Eppinger, General Manager
Irvine Ranch Water District
{ P0Box DI
r-� Irvine, California 92664
Dear tMr. Epp nger:
The City Council of tin City of 'Huntington Beach, at
ju its regular meeting haid Monday, April 4, 1966,
approved the enclosed Addendum Agreement between
Irvine Ranch hater District and. Grange County Munici-
pal Water District and Coastal Municipal Water District,
and has been duly executed by the Mayor and City Clerk
per your: request in your letter dated March 24, 1966,
R Sir33arel_y yours,
4 , FAUL C m JONES
. J
City Clerk
PCJ;jh
Eaolosure
5
n
1�4.
IRVINt RANN WAR NURIV
POST OFFICE BOX D I
IRVINE, CALIFORNIA 9266A
March 28, 1966
Orange County Municipal Water District
P. ®. Box 1982
Santa Ana, California 92702
and
Coastal Municipal Water District
P. Q. Box 913
Laguna Beach, California
Gentlemen:
In the reservoir agreement between Metropolitan Water
District, Orange County Municipal Water District and
Coastal. Municipal Water District, dated April 4, 1962,
It is stated that a reservoir with a usuable capacity
of 3,000 acre-feet will be constructed without expense
to Metropolitan and in agnanner satisfactory to it. It
Is further stated that 11-etropol itan will at its expense
operate and maintain the reservoir in a manner similar
to the manner in which it operates and maintains reservoirs
In its system, as nearly as may be appropriate, and in
an efficient and orderly manner consistent with recognized
engineering practices for the operation of waterworks
facilities and In the course of such maintenance and
operation shall make repairs to the reservoir and ap-
purtenant works and equipment at its expense, repairs
being defined as any single item of work where the cost
of labor, equipment, materials and overhead is less than
$25,000, as determined by Metropolitan.
The reservoir has been completed in accordance with the
specification and has been accepted by the Irvine Ranch
Water District, Notice of Completion having been riled
on,Varch 14, 1966. Metropolitan began delivery of water
tothe reservoir on March 2, 1966, for operational testing
and has been using the reservoir since that Hate. Metro-
po'litan'has stated that operationally the reservoir is
acceptable but is reluctant to certify acceptance for
maintenance because of the :possible hazard existent above
the store drain channel and perimeter road and continuing
expense contemplated in maintaining the slopes. Metro-
politan states that it was anticipated that only ,normal
Page 2.
ground maintenance would be required and that slopes
would be required and that slopes would be either flat
enough to avoid future problems or would be sufficiently
channeled to protect the slopes from excessi,%,z erosion.
Corrective measures are requested by Metropolitan before
acceptance will be made.
It is therefore recommended that the aforementioned
agreement be amended to provide that Orange District and
Coastal District assume the responsibility for repairs
to the grounds surrounding the reservoir and lying above
the storm drain channel and perimeter road. Amendment
of the Supplementary Reservoir Agreement dated April 4,
1962, between Orange County Municipal Water District,
Coastal Municipal Water District and Irvine Ranch Water
District would be required to place the liability for
such repairs on the Irvine Ranch Water District.
Inasmuch as San Joaquin Reservoir has been accepted by
the Irvine Ranch Water District, has had water delivered
to it for operational testing and has been and is now
being operated by Metropolitan it is requested that
Orange County Municipal Wateroand Coastal lhinicipal Water
Districts request the Metropolitan Slater District to
evidence that San Joaquin Reservoir is ready to receive
water. Upon receipt of notification that Metropolitan
is ready to receive .:rater in the reservoir for the benefit
of those holding capacity Irv,tne will be in a position
to so notify such parties that have contracted with
Irvine for capacity.
Your prompt attention to this matter will be deeply
appreciated.
Very truly yours,
William H. F,ppinger
General Manager
WHE: t
Copies to
Metropolitan Water District
Costa ,mesa County Water District
r.Cty of Huntington Beach
The Irvine Company
City of Newport Beach
IRVIINt RAND VAItf Ui5IMLI ��..
POST OFFICE BOX D) yt;
IRVINE, CALIFORNIA 92664
a�
March 24, 1966
City of Huntington Beach `>
City Hall'`,
Civic Center �x
Huntington Beach, Cal iforni_,
k
Attention: Mr. Doyle Mille:, City Administrator
Dear Mr. Miller:
Construction of San Joaquin Reservoir is nearing completion
and shortly all parties having capacity in San Joaquin
Reservoir will be contacted in accordance with the various
agreements. In our review of the various agreements and
checking of same we found that some had been inadvertent;
I` filed before all executions had been effected and are
C
therefore completing the record at this time.
The reservoir lease agreement between the Irvine Ranch
Water District and Coastal Municipal Water District
wherein 200 acre feet of storage capac;tty in San Joaquin
Reservoir is being leased to Coastal was executed. An
AdderA-tm Agreement providing for the transfer of such
capa -y rights has to be approved by your City Council..
Only one original has been submitted to the other signators
who have all executed it and it would be appreciated if
you as the final signator would execute the enclosed
original and'return to us. Upon final execution a
conformed copy will be returned to you for your files.
Very truly yours,,
i
William H. Lppinger
General Manager
WHZst
Enc. l
wY�
k�
Augn8t 5, 1964 �
Irvine Ranch Water District
Post Of rice Box `37
Tustin, California
Attention. Mr. William H. Eppinger
General Manager
Gentlemen:
Enclose4 herewith please find a fully executed copy of Addendum i
Agreement which; was approved by the City Council of the City of
Huntington Beach at their regular ►neeting field on August 5t 1964a
This office Mould apprec atea receiving a ccnfommed copy of the
above mentioned agreement for our files.
Sincerely yours,,
Paul C* Janes
City CYcrlc
1?CJ *01 ad
Enc»
j� .
1110
IRVINt RANN WAR MIRV
POST OFFICE BOX 37
TUSTIN, CALIFORNIA
July 30, 1964
7
s
City of Huntington Beech
4,>
Civic Center
r`s'
Huntington Beach, f,'alifornia
Gentlemen:`
Reference is made to the action taken by your Council wherein
you approved execution of the Amendment to Supplementary Reser-
voir Agreement. This document has been circulated to all the
present parties to the Agreement and all their signatures have
been affixed. A conformed copy is therefore transmitted here-
with for your files.
.In accordance with Section 14 of said Agreement the Irvine Ranch
Water District has granted 100 acre feet of storage capacity in
San Joaquin Reservoir to The Irvine Company. An Addendum Agree- a
ment dated February 6, 1964 between The Irvine Company, Irvine
Ranch Water District, Orange County Municipal Water District,'
Cpsta Mesa County Water District and City of Huntington Beach,
providing for such capacity rights, is hereby presented to your
f Board for its approval and execution.
In order to avoid duplication it would be appreciated if you
would have the enclosed original executed and returned to us.
Upon execution by all parties a conformed copy will be returned
`. to you for your files.
f Very truly yours,
William H. Bppinger
General Manager
WHE;cd,
enclosure
i
IRVINt RANO WAH UI5IM
POST OFF -ICE SOX 37
TUSTIN, CALIFORNIA
December 16, 1963
i
h
Honorable City Council
City of Huntington Beach
Civic Center
{ Huntington Beach, California
Gentlemen:
Reference is made to Reservoir Lease Agreement
executed by you on August 7, 1963, and more particularly
to the Supplementary Reservoir Agreement attached thereto
Exhibit " B ' .
The Irvine Company in its grant of easement to the
Irvine Ranch Water District reserved to itself 100 acre
feet of storage capacity in the reservoir. In order to j
validate the proceedings for use of the reservoir by The
Irvine Company, to be consistent with the use by others,
it was found necessary to amend the Supplementary Reservoir
Agreement to include private parties.
Therefore, there is transmitted herewith an
Amendment to Agreement for your approval and execution.
After all parties have executed said Agreement, copies of
the completed document will be furnished you for your files.
An,unconformed copy of the Agreement is also enclosed for
your files.
We would appreciate return of the document as soon
as i* is executed so that we can submit it to the remaining
parties as soon as possible.
Yours very truly,
IRVINE RANCH WATER DISTRICT
I ( k
By
t�
. H. Eppinger,er
14HE . f P , •a ,
Enc,,
x
City of Huntington Beach
Huntington Beach
California
F Attention: Paul C. Jones, City Clerk
Gentlemen:
In accordance with your request, there is enclosed
for your files three executed copies of the Addendum
Agreement to the Reservoir Lease Agreement between the
City of Huntington Beach and the Irvine Ranch Water
District dated August 7, 1963.
This should complete all the requirements of this
transaction until completion of the Sail Joaquin Reservoir
and filling of same.
Irvine Ranch Water District
P6 0. Boat 5
Tusting California
fientlemen
We are returning herewith eight copies of Reservoir Lease
Agreement and thirteen copies of Addendum Agreement. We
have retained three copies of the fully executed Lease
Agreaemqmt and would appreciate receiving three copies of
the Addendum Agreement when all signatures. have ,been affixed.
If you have any question or if we can be of any assistance,
please do not hesitate to contact this offices
Sincerely yours
AUL C . JONES
City Clerk
By.».....n.e ,.w
4Sd
Enc i 21
(D
Iry
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TIP
LAW OFFICES OF
i O'M ELVENY MYE.RS BEVERLY HILLS OFFICE
i 433 SOUTH SPRING STREET - ; 9L DI WILSHIRE BOULEVARD ^i'
BEVERLY H)LLS
C LOS ANGELES 13 273'4IIt y
CABLEADDRESS'MCMe
July OUR FILE NUMBERX y
3oth
1 9 6 3 BM-454r. 4
IRVINE RANCH WATER
DISTRICT
Mr. Doyle Miller
Administrative Officer
City of Huntington Beach
Civic Center
Huntington Beach, California
k
Dear Mr. Miller:
Enclosed grease find six copies of Reservoir
Lease Agreement for presentation to the Council at its
meeting on August 5th. Also enclosed are six copies of
the Addendum, Agreement>
I will call you on August I to go over this
matter with you.
ver truly yours,
Urban J. Schr aner
for O'Mely y & Myers
U"3AS
encls,:
cc Ltr. and 2ccs
of each enclosure
to: Mr. William R. Mason '
IRVIN[ RANli�i WAI MIRIIJ
POST OFFICE BOX 37
TUSTIN, CALIFORNIA
4 E 4
z
July 5, 1963
Mr. Doyle Miller;
City of Huntington Beach=ty:
Civic Center
Huntington Beach, California
Dear Mr. Miller:
4 i
:r
f
It is understood that you have now completed your negotia-
tions with the Costa Mesa County Water District for the
joint pipeline from the East Orange County Feeder No. 2
and the Irvine Ranch Water District's San. Joaquin Reservoir
to your City.
The Irvine Ranch Water District Board of Directors would
now like to complete negotiations with the City of Hunting-
7
ton Beach on the 400 acre feet of reservoir capacity. On
March 12, 1963 we forwarded to you copies of the revised
lease agreement for your consideration.
It is proposed that we have a meeting in the near future
to discuss the agreement and set a method of procedure for
the culmination of this transaction. I will be happy to
meet with your representatives at your office at a time
convenient for you,
Very truly yours,
t:
� .a
W . R. Mason
Chief Engineer
WRMpab
\\
i
RAG WAR EMUIRVINt
POST OFFICE BOX 37
TUSTIN, CALIFORNIA
dry
March 12, 1963
Mr. Doyle Miller
City of Huntington Beach
Civic Center
`
Huntington Beach, California
Dear Mr. Miller:
We note that your forthcoming bond issue incorporates the leas-
ing of capacity it the Irvine Ranch Water District's San Joaquin
tb
Reservoir.
Since our last contact with you with regard to the leasing of
capacity in this reservoir, a number of changes have taken place.
Probably the most significant one is that the reservoir is under
contract with E. C. Young and at present the construction sched-
ule anticipates a late 19€4 completion.
In our negotiations with other agencies for acquisition of cap-
acity rights in the reservoir, a number of ges in the lease
document have been evolve,. Enclosed ar twc)copies of a pro-
posed lease agreement with the City of Hunter:_, ion Beach, incor-
poratin[- these changes and additions. It is suggested that your
City Attorney review this document from a legal viewpoint and if
he has any questions contact the Irvine Ranch Water. District's
attorney, Mr. Urban J. Schreiner, O'Melveney and Myers, 433 South
SpringStreet, .Los Angeles 13.
It is hoped that shortly after your bond issue it will be passi-
ble to arrange a meeting o discuss this lease agreement.
Very truly yours,
i ..
W. R. Mason
,° Chief Engineer
,; enuary 9, 1963
r
Mr. ➢oyle Miller, City Manager
City of Huntington Beach
,f
Civic Center`
Huntington Beach, California
Dear Mr. Miller:
You are cordially invited to attend a ground -breaking
ceremony commemorating the start of construction on the
Ban Joaquin Reservoir.
'This event will take place at 3:00 P.M. on Tuesday.
January 15, 1963 and should be over by 4:00 P.M.
i
A zap showing the routes to the site where the ceremony
will be held is enclosed for your convenience.
We look forward to seeing you at this important occasion.
Very truly yours,
W. F. Graves
President
WFG/j c
Encl.
V N
E ��s
RANN GI AI R
DICMI�.
POST OFFICE BOX
37 5
TUSTIN, CALIFORNIA
April 11, 1962
The Honorable City Council'
City of Huntington Beach
Post Office Box 190
�
.
Huntington Beach, California
Attention Doyle Miller
_.
Gentlemen:
On April 2, 1962 we sent you a draft of a proposed agree-
ment with your District for the leasing of capacity in
the Irvine Ranch Water District's reservoir.
Attached to this draft were Exhibits "A" and "B", which
were supposed to be copies of the Metropolitan agreement
and the Irvine Ranch Water District agrr—went, respective-
ly. We find that through an. error the .,jint Powers Agree-
ment was sent to you as Exhibit "A" instead of the Metro-
politan agreement, and therefore we would appreciate it
if you would return it to us and attach the enclosed
agreement in its place.
j
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RV I N t
RAN
WHIR
EMU R`
POST OFFICE
BOX
37
TUSTIN,
CALIFORNIA
'*
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4.
April 4, 1962
The Honorable City Council
City of Huntington Beach rti
Post Office Box 190 � x
Huntington Beach, California `ra
Attention Doyle Miller
J_
Gentlemen:
The Ir.rine Ranch I -later District has been able to negotiate satisfac-
tory coz.tracts with the Metropolitan dater District through the Grange
County Municipal ;later Distric and the Coastal Municipal Water Dis-
trio for the operation and management of the proposed high level res-
ervcir in the San Joaquin. hills. These documents will be signed. on
April 4, 1962 at the monthly meeting of the Orange County Municipal
'Hater Distract Board..
The Irvine Ranch Water District has hired the firm of James M. Mont-
gomery for the design of the reservoir, and it is expected that these
plans will be completed by approximately July 1, 1962 and be ready to
put au?: to bid by August 1, 1962, and it is hoped that constrilctiou
can begin by approximately September 1 1962.
Since your City has expressed an interest in leasing capacity from
the Irvine Ranch Water District in this reservoir, we are enclosing
the draft or a proposed agreement with your City for the leasing
of such capacity, together with some data on savl.ngs to your City
by the leasing program in our high level reservoir. We would like
your City to review this document and make any comments regarding
charges which might be necessary from your City's viewpoint. It
i� hoped that all changes and revisions can be coordinated so that
leasing agreements vith all agencies participating in the reservoir
will be similar.
c
r
The Honorable City Council --2- April 4, 1962 �
Since the time schedule as explained above is rather tight, it is
hoped that you can review this document i22 the very near future anal
we can discuss it and work tow-zird an early agreement on a final doc-
ument which could be signed by both parties by the time the reset-
voir construction is let for contract.
b
Very truly yours,
W. R. Mason
Water Consultant
WIU: pab
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IRK RAG WAR EMU
POST OFFICE BOX 37
TUSTIN, CALIFORNIA
July 26, 1961
Mr. Doyle Miller, City Manager
City of Huntington Beach
Huntington Beach, California
DearSr. Miller:
To follow up our discussions at lunch on Tuesday, July 25th, the fol-
lowing is submitted as an official request for an expression of inter-
est and to set forth the facts in a letter for your files.
The Irvine Ranch Water District is considering the construction of a
large high level reservoir in the vicinity of Corona del Mai:. With
the signing of the contracts between the Metropolitan Water district
and agencies of Orange County for the construction of the East Orange
County Feeder, and assurances that the feeder will have i sufficiently
high hydraulic gradient in the vicinity of Corona, del. Mar, sucii a res-
ervoir is very feasible.
In order to construct this reservoir and have it completed at the time
the East Orange County Feeder is put in operation in late 1063, the
Irvine Ranch Water District passed a bond issue sufficient to provide
funds for the building of such a high level reservoir. Preliminary
plans call for this reservoir to be fully lined and have a storage cap-
aaity of approximately 3230 acre feet, which is equivalent to over one
billion gallons. The maximum water surface will be at an elevation of
460 feet with over 2000 acre feet of storage provided above the 400 foot
elevation.
The Irvine Ranch Water District Board of Directors feels that with this
large reservoir at such a high elevation, capacity should be made avail-
able to other agencies in the area. It was felt that our District, be-
cause of the short time available for design and construction of this
reservoir, would have to provide the necessary funds and administration
for the construction. We did not feel that time allowed for the con-
summation of a joint construction agreement with other agencies. Further,
it was felt that a number of agencies would have difficulty raising the
necessary capital required on such short notice. We therefore are pro-
posing a leasing program to the various agencies whereby they might ac-
quire capacity at relatively low annual charge during our District's debt
service period, after which time the participating districts would only
share in the maintenance and operation costs of this reservoir.
Mr. Doyle Miller, City Maaager -2- July 26, 1961
The economy of leasing storage can be readily seen by the fact that
capacity can be acquired for less than the interest on the monies re-
quired to construct reservoir capacity of an equivalent or smaller
sized reservoir. Storage is available in accordance with the follow-
ing schedule of costae
Storage Capacity Annual Cost Per Acre Foot
First 50 acre feet $500
Second 50 acre feet 400
All over 100 feet 150
At the completion of 30 years under this schedule the charge would re-
vert to an estimated annual cost for maintenance and operation of $50
per acre. foot. Other savings would be inherent since the Metropolitan
Water District would operate and maintain the reservoir. In addition,
the Metropolitan Water District would maintain the level of the reser-
voir, absorb all evaporation losses, and your City would be charged
for water from the reservoir only as it is used.
Enclosed is a rough draft copy of a proposcd Joint Powers Agreement
which is forwarded for your information and crmment.
In light of the above savings, it is recommended that your Council give
careful consideration to acquiring a capacity. Additional information
will be supplied upon your request.
lie would like an indication from 3Tour Council in early August of your
interest in acquiring capacity, as our District must appear before the
District Securities Commission for the approval of our bond issue on
August 8, 1961, and the leasing of the reservoir !.a part of our pre-
sentation to that Commission.
Very truly yours,
4,
W. R. Mason
Water Consultant
WPIM:pab
Enclosure
cc-, James Wheeler,
mo