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AGREEMENT REGARDING THE MUTUAL TRANSFER OF EMERGENCY WATER 1. Parties and Date APPROVED BY CITY C U CIL Date IblISIO Item #_,a1_ This Agreement regarding the Mutual Transfer of Emergency Water ("Agreement") is entered into as of the /11L day of , 2002, by and between the CITY OF COLTON, a municipality located within San Bernardino County, California ("Colton") and RIVERSIDE - HIGHLAND MUTUAL WATER COMPANY, a California Corporation ("Riverside -Highland"). Colton and Riverside -Highland may be referred to individually as Party or collectively as the Parties. 2. Recitals 2.1 Colton provides water service to its customers within the city limits of the City of Colton. Riverside -Highland is a mutual water company providing water service to its stockholders within its service area. 2.2 Colton is a stockholder in Riverside -Highland and owns property within and adjacent to the service area of Riverside -Highland. 2.3 There are two existing interconnections, or inter -ties, between the water system operated by Colton and the water system operated by Riverside -Highland. Water supplies can be conveyed through these interconnections in either direction (i.e., from Colton to Riverside -Highland or from Riverside -Highland to Colton). 2.4 Colton and Riverside -Highland desire and believe it is in the best interests of the customers of each Party to have the right to purchase available supplies from the other Party in case of emergency. 2.5 The Parties acknowledge that Riverside -Highland wishes to retain its status as a mutual water company outside of the jurisdiction of the California Public Utilities Commission and that the Parties do not intend to imply in any way that Riverside -Highland will be engaging in any activities which might jeopardize that status. NOW, THEREFORE, in consideration of the preceding promises and the mutual covenants hereinafter contained, and for other good and valuable consideration, the Parties agree as follows: 3. Terms 3.1 Term. The term of this Agreement shall commence on the date first written above ("Commencement Date") and, unless otherwise terminated pursuant to the terms and conditions ofthis Agreement, shall continue for a period of one (1) year. This Agreement shall automatically renew for successive one (1) year periods unless and until one Party provides notice of termination to the other, in writing, at least fourteen (14) days in advance of the expiration date of the Agreement. RVPUWSMAW37266 - 1 -