Common use of City of Brisbane, Xxxxxxxxx Valley Municipal Improvement District, Town of Hillsborough Clause in Contracts

City of Brisbane, Xxxxxxxxx Valley Municipal Improvement District, Town of Hillsborough. A. The parties acknowledge that San Francisco has heretofore provided certain quantities of water to the City of Brisbane (“Brisbane”), Xxxxxxxxx Valley Municipal Improvement District (“Xxxxxxxxx”) and the Town of Hillsborough (“Hillsborough”) at specified rates or without charge pursuant to obligations arising out of agreements between the predecessors of San Francisco and these parties, which agreements are referred to in judicial orders, resolutions of the SFPUC and/or the 1960 contracts between San Francisco and Brisbane, Xxxxxxxxx and Hillsborough. The parties intend to continue those arrangements and accordingly agree as follows: 1. Nothing in this Agreement is intended to alter, amend or modify the terms of SFPUC Resolution No. 74-0653 or the indenture of July 18, 1908 between the Xxxxxxxxx Development Company and the Spring Valley Water Company. 2. Nothing in this Agreement is intended to alter, amend or modify the Findings of Fact and Conclusions of Law and Judgment dated May 25, 1961 in that certain action entitled City and County of San Xxxxxxxxx x. Town of Hillsborough in the Superior Court of the State of California in and for the County of Marin, No. 23282, as modified by the Satisfaction of Judgment filed October 23, 1961 and the Compromise and Release between Hillsborough and San Francisco dated August 22, 1961. The rights and obligations of Hillsborough under these documents shall continue as therein set forth. 3. Nothing in this Agreement is intended to affect or prejudice any claims, rights or remedies of Xxxxxxxxx or of Xxxxxxx Estate Company, a corporation, or of Xxxxxxx Land Company, a corporation, or of San Francisco, or of their successors and assigns, respectively, with respect to or arising out of that certain deed dated May 22, 1884, from Xxxxxxx Xxxxxxx to Spring Valley Water Works, a corporation, recorded on May 24, 1884, in Book 37 of Deeds at page 356, Records of San Mateo County, California, as amended by that certain Deed of Exchange of Easements in Real Property and Agreement for Trade in Connection Therewith, dated July 29, 1954, recorded on August 4, 1954, in Book 2628, at page 298, Official Records of said San Mateo County, or with respect to or arising out of that certain action involving the validity or enforceability of certain provisions of said deed entitled City and County of San Xxxxxxxxx x. Xxxxxxx Estate Company, in the Superior Court of the State of California in and for the County of Marin, No. 23281. /// /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized officers. Acting by and through its Public Utilities Commission By: Xxxxxx Xxxxxxxxxx General Manager Date: , 2009 Approved by Commission Resolution No. 09-0069, adopted April 28, 2009 Xxxxxxx Xxxxx Secretary to Commission Approved as to form: XXXXXX X. XXXXXXX City Attorney By: Xxxxxx X. Xxxxxxxx Deputy City Attorney

City of Brisbane, Xxxxxxxxx Valley Municipal Improvement District, Town of Hillsborough. A. The parties acknowledge that San Francisco has heretofore provided certain quantities of water to the City of Brisbane (“Brisbane”), Xxxxxxxxx Valley Municipal Improvement District (“Xxxxxxxxx”) and the Town of Hillsborough (“Hillsborough”) at specified rates or without charge pursuant to obligations arising out of agreements between the predecessors of San Francisco and these parties, which agreements are referred to in judicial orders, resolutions of the SFPUC and/or the 1960 contracts between San Francisco and Brisbane, Xxxxxxxxx and Hillsborough. The parties intend to continue those arrangements and accordingly agree as follows: 1. Nothing in this Agreement is intended to alter, amend or modify the terms of SFPUC Resolution No. 74-0653 or the indenture of July 18, 1908 between the Xxxxxxxxx Development Company and the Spring Valley Water Company. 2. Nothing in this Agreement is intended to alter, amend or modify the Findings of Fact and Conclusions of Law and Judgment dated May 25, 1961 in that certain action entitled City and County of San Xxxxxxxxx x. Town of Hillsborough in the Superior Court of the State of California in and for the County of Marin, No. 23282, as modified by the Satisfaction of Judgment filed October 23, 1961 and the Compromise and Release between Hillsborough and San Francisco dated August 22, 1961. The rights and obligations of Hillsborough under these documents shall continue as therein set forth. 3. Nothing in this Agreement is intended to affect or prejudice any claims, rights or remedies of Xxxxxxxxx or of Xxxxxxx Estate Company, a corporation, or of Xxxxxxx Land Company, a corporation, or of San Francisco, or of their successors and assigns, respectively, with respect to or arising out of that certain deed dated May 22, 1884, from Xxxxxxx Xxxxxxx to Spring Valley Water Works, a corporation, recorded on May 24, 1884, in Book 37 of Deeds at page 356, Records of San Mateo County, California, as amended by that certain Deed of Exchange of Easements in Real Property and Agreement for Trade in Connection Therewith, dated July 29, 1954, recorded on August 4, 1954, in Book 2628, at page 298, Official Records of said San Mateo County, or with respect to or arising out of that certain action involving the validity or enforceability of certain provisions of said deed entitled City and County of San Xxxxxxxxx x. Xxxxxxx Estate Company, in the Superior Court of the State of California in and for the County of Marin, No. 23281. /// /// /// /// /// /// /// /// /// /// /// /// /// IN WITNESS WHEREOF the parties have executed this Agreement by their duly authorized officers. CITY AND COUNTY OF SAN FRANCISCO Acting by and through its Public Utilities Commission By: Xxxxxx Xxxxxxxxxx General Manager Date: , 2009 Approved by Commission Resolution No. 09-0069, adopted April 28, 2009 Xxxxxxx Xxxxx Secretary to Commission Approved as to form: XXXXXX X. XXXXXXX City Attorney By: Xxxxxx X. Xxxxxxxx Deputy City AttorneyAttorney “1984 Agreement” refers to the 1984 Settlement Agreement and Master Water Sales Contract between the City and County of San Francisco and certain Suburban Purchasers in San Mateo County, Santa Xxxxx County and Alameda County, which expires on June 30, 2009.