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HomeMy WebLinkAboutContracts & Agreements_125A-2018AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this 11"' day of July, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Cunningham Trust dated March 20, 2001, William E Cunningham, Trustee ("Owner") City and Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties " RECITALS WHEREAS, the City and the West Redlands Water Company have entered into an agreement dated May 4, 2004 to exchange irrigation watei, a copy of which is attached hereto as Exhibit "A," and WHEREAS, Ownei is a shareholder of record of fifty-three (53) shares of West Redlands Water Company stock identified as West Redlands Water Company Certificate No 1110 (the "Shares"), and WHEREAS, Owner wishes to take advantage of the opportunity to receive water from the City's domestic water system in exchange foi Owner's assignment of 29 Shares of the West Redlands Watei Company Shares to the City, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Cunningham Trust dated March 20, 2001, William E Cunningham, Trustee agree as follows AGREEMENT 1 Ownei hereby assigns and shall cause all irrigation watei entitlement derived from Owner's 29 Shares of West Redlands Water Company to be delivered to a City watei treatment facility In exchange, Owner will receive an equal amount of potable water from City through City's domestic water system 1741 West Fern Avenue (billing #45-0004 300/meter #72538742) — I share (113 units) 1112 San Jacinto Street (billing #10140 300/metei #93059401) --2 shares (225 units) 1121 San Jacinto Street (billing #45-1266 300/meter #67260426) — 1 share (113 units) 421 San Timoteo Canyon Road (billing #1-0160 300/meter #68336309) — 25 shares (2,815 units) 2 Ownei shall comply with the provisions of City's agreement with West Redlands Water Company 3 City agrees to furnish watei under the conditions and in the amount indicated in compliance with City's agreement with West Redlands Water Company I 1caldim\Form Agreements\Exchange Entitlement Water i.ease.doc AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this 11"' day of July, 2018 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Cunningham Trust dated March 20, 2001, William E Cunningham, Trustee ("Ownei") City and Ownei are sometimes individually referred to herein as a "Party" and, together, as the "Parties " RFCTT AT C WHEREAS, the City and the West Redlands Water Company have entered into an agreement dated May 4, 2004 to exchange irrigation water, a copy of which is attached hereto as Exhibit "A," and WHEREAS, Ownei is a shareholdei of record of fifty-three (53) shares of West Redlands Water Company stock identified as West Redlands Water Company Certificate No 1110 (the "Shares"), and WHEREAS, Ownei wishes to take advantage of the opportunity to receive water from the City's domestic water system in exchange for Owner's assignment of 29 Shares of the West Redlands Water Company Shares to the City, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Cunningham Trust dated March 20, 2001, William E Cunningham, Trustee agree as follows AGREEMENT 1 Ownei hereby assigns and shall cause all irrigation watei entitlement derived from Owner's 29 Shares of West Redlands Water Company to be delivered to a City water treatment facility In exchange, Owner will receive an equal amount of potable water from City through City's domestic water system 1741 West Fern Avenue (billing #45-0004 300/metei #72538742) — 1 shale (113 units) 1112 San Jacinto Street (billing #1-0140 300/metei #93059401) — 2 shares (225 units) 1121 San Jacinto Street (billing #45-1266 300/meter #67260426) --- 1 share (113 units) 421 San Timoteo Canyon Road (billing #1-0160 300/meter #68336309) — 25 shares (2,815 units) 2 Ownei shall comply with the provisions of City's agreement with West Redlands Watei Company 3 City agrees to furnish water under the conditions and in the amount indicated in compliance with City's agreement with West Redlands Water Company I lcald}mlForm Agreements\Exchange Entitlement water Lease.doc Municipal Utilities & Engineering Department MEMORANDUM TO Jeanne Donaldson, City Clerk THRU N Enrique Martinez, City Manager Daniel J McHugh, City Attorney FROM Paul Toor, Municipal Utilities & Engineering Directo' DATE July 12, 2018 SUBJECT Request for Signature — Exchange Water Agreement Jeanne, enclosed is an Exchange Water Agreement between the City and the Cunningham Trust for execution Per the attached Resolution No 7047, approved by City Council on September 3, 2013, the Mayor or any member of the City Council is authorized to execute these exchange agreements without prior Council approval Please return executed originals to Jane Weathers for further processing Thank you PTIjw Itr 1TA4L=1t3A1 p'VORKSTT Bid Refection - On motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the City Council unanimously approved the rejection of all bids received in response to RFB A-2013-001 Refuse, Green Waste and Recycling Automated Containers LONG Station Expansion - On motion of Mayor Pro Tem Foster, seconded by Councilmember Harrison, the City Council unanimously approved a contract between the City of Redlands and Fuel Solutions, Inc, in the amount of $37,883, for technical consulting and design services associated with the Liquid Compressed Natural Gas (LCNG) station expansion Resolution No 7047 — Water Entitlement Exchange Authors - On motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the City Council unanimously approved Resolution No 7047 authorizing approval and execution of agreements to exchange entitlement water without prior Council approval Right -of Way Services - On motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the City Council unanimously approved an amendment to an agreement between the City of Redlands and Paragon Partners LTD to perform right-of-way appraisal and acquisition services PUBLIC HEARINGS Resolutions No. 7313, 7316 and 7315 -- Hillwood Investment Partners — Ap lip cant — Mayor Aguilar opened the hearing and called upon Manuel Baeza, of the Development Services Department to provide background on the proposed development of a 1,015,740 square foot warehouse/distribution "fulfillment" center on approximately 50 66 acres The project site is comprised of six (6) contiguous parcels located on the south side of Lugoma Avenue, the east side of Bryn Mawr Avenue immediately north of the I-10 Freeway, approximately 635 feet west of California Street As a public comment, Andrew Hoder questioned the magnitude of impact considered in studies presented as to truck traffic associated with the proposed facility and asked about the trees included in the developer's landscape plan Tom Dodson, environmental consultant for the applicant, addressed concerns expressed in a written comment received from Briggs Law Corporation during the meeting On motions of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the City Council determined, based on the whole of the administrative record to date, that the information contained in the whole record justifies the adoption of a mitigated negative declaration for the fulfillment center project, approved the Mitigated Negative Declaration and the accompanying mitigation monitoring and reporting program for the Redlands Fulfillment Center project, adopted Resolution No 7313 approving the Socio - Economic Cost/Benefit Study for the project, adopted Resolution No 7316 approving Parcel Map No 19461 to revert to acreage six. (6) contiguous lots into one (1) parcel, which delineates dedications that will and will not be vacated and dedications required in connection with the reversion to acreage, with an area of September 3, 2013 Page 6 City Council Meeting of 9/3/13 Agreement To Exchange Entitlement Water Page 2 of 3 provide benefit to the City, and are the mechanism to implement the Council approved agreements, staff is requesting the Mayor, or any other Councilmember, have the authority to sign the agreements without prior Council approval for each agreement Finally, staff will include, in the quarterly agreement tracking report from Finance and the City Clerk's office, the number of entitlement agreements that are signed. The City Attorney has reviewed the forms of the Agreement to Exchange Entitlement Water FISCAL IMPACT - In general, water entitlement agreements provide an annual financial benefit to the City of approximately $118,000. This estimated value is derived by the value of the excess water transferred to the City for its use Additionally, because the construction of private water company pipeline replacements are not necessary, and the City would be required to pay for a portion of these facilities as the City owns portions of each of the companies, the City realizes reduced costs by lower private water company assessments, ATTACHMENT; Resolution No 7047 RESOLUTION NO 7047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING APPROVAL AND EXECUTION OF AGREEMENTS TO EXCHANGE ENTITLEMENT WATER WITHOUT PRIOR COUNCIL APPROVAL WHEREAS, the City derives the majority of its water supply from three primary sources the Santa Ana River, Mill Creek, and groundwater wells, and the right to use surface water sources has been acquired by the City through both direct ownership of water rights and through the ownership of mutual water company stock, and WHEREAS, the City has entered into agreements with local water companies to allow the City to receive water from local mutual water companies on behalf of their shareholders, and as part of these agreements the shareholders are regiured to pay all assessments and delivery charges, and WHEREAS, the aforementioned arrangement allows the City to rrtmmuze its expenses by not having to pay increased assessments on water company stock owned by the City to make costly repairs to its aging systems, and in addition, all unused shareholder entitlement water is delivered to the City at a significantly reduced cost, and WHEREAS, because of this arrangement, the City receives significantly more water than it delivers to the water company shareholders, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows Section 1 The City Council of the City of Redlands hereby authorizes the Mayor, or any Councilm.ember, to execute agreements to exchange entitlement water substantially in the form hereto as Exhibit "A." ADOPTED, SIGNED AND APPROVED THIS 3rd DAY OF SEPTEMBER, 2013 Pete Aguilar, Mayor ATTEST. Sam Irwin, City derk I lcclerklaesolutionsaes 7000-709917047 Entitlement Water Ageement.doc UNUM115031 AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement (` Agreement") is made and entered into this day of , 20l _ ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and ("Owner") City and Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties " RECITALS WHEREAS, the City and the Water Company have entered into an agreement dated to exchange irrigation water, a copy of which is attached hereto as Exhibit "A," and WHEREAS, Owner is a shareholder of record of (_) shares of Water Company stock identified as Nos (the "Shares"), and WHEREAS, Owner wishes to take advantage of the opportunity to receive water from the City's domestic water system in exchange for Owner's assignment of the Shares to the City, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and agree as follows AGREEMENT 1 Owner hereby assigns and shall cause all irrigation water entitlement derived from Owner's Shares to be delivered to a City water treatment facility In exchange, Owner will receive an equal amount of potable water from City through City's domestic water system 2 Owner shall comply with the provisions of City's agreement with Water Company 3 City agrees to furnish water under the conditions and in the amount mdicated in compliance with City's agreement with Water Company d This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof Any prior written or verbal agreements or representations respecting the subject matter of this Agreement not expressly set forth herein are null and void. 5 In the event any action is commenced to enforce or interpret the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys' fees, mcludtng fees for use of in-house counsel by a Party I \cclerKAResoludonsUZes 7000-709917047 6ntalement Water Agmement.doc AGREEMENT TO PROVIDE DOMESTIC AND IRRIGATION WATER Thus Agreement is made and entered into this 4th day of May, 2004 by and between the West Redlands Water Company, a mutual water company organized and existing under the laws of the State of California ("Company"), and the City of Redlands, a municipal corporation ("City"), which together are sometimes referred to herein as the "Parties " RECITALS Whereas, Company desires to relieve itself of the burden of maintaining pipelines in geographical areas where water usage by Company shareholders is not sufficient to warrant significant expenditures for the capital maintenance of such pipelines, and Whereas, City, being a substantial shareholder in Company, deems it in the public interest to assist Company in the discontinuation of as many unnecessary and little used pipelines as possible, and Whereas, many of Company's points of water delivery may be sen ed from City's domestic water system, and Whereas, the physical means exist for City to receive water from Company in exchange for water delivered by City to Company shareholders, Now, therefore, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the West Redlands Water Company and the City of Redlands agree as follows West Redlands Irngation Agreement doe Page 1 of 5 agricultural or non -greenbelt usage, the City shall still be obligated to provide water service under this Agreement to the portions of that Subject Property which are not so developed Usage to be determined by the Company 2 Company's individual shareholders shall, at each individual shareholder's own expense, make any required on-site connections to the irrigation systems of company shareholders from the domestic water system of City 3 Company shareholders shall receive their stock entitlement of water through a Cityr domestic meter, and all water beyond the entitlement shall be charged by City at the domestic rates established by City Once the provisions of Paragraph 1 have been met, City will honor stock entitlements of other mutual companies, in addition to the West Redlands Water Company entitlements, used on properties connected under this Agreement provided the shareholder agrees to assign the delivery rights thereof to the City 4 Company shall deliver, or have delivered, to City that water entitlement due to any shareholder that is connected to City's system pursuant to the terms of this Agreement All water delivered by Company shall be in potable condition, or delivered to the City's Hinckley Water Treatment Plant in a condition capable of being made potable by conventional water treatment methods All assessments and service charges for stock entitlement to such water shall be paid to the Company by the individual shareholders of the Company 5 During periods of high water demand, City shall have the right to determine the rate of delivery to Company's shareholders in order to maintain equitable and adequate service to all of City's water customers, but the City's obligation to deliver to each shareholder of Company the shareholder's full entitlement of water shall not be abrogated or diminished in any way 6 Shareholder shall pay City ten cents ($0 10) per miner's inch day (MID) of water delivered pursuant to this Agreement and a bookkeeping charge of five dollars ($S 00) per year per shareholder delivery point connected to the City's system City shall bill Company's West Redlands Imaation Agreement.doc Page 3 of 5 WEST REDLANDS WATER C MPANY By Executed this 3rdday of May, 2004 at Wr'-liam E rn haul Redlands, California And�i/� Meryl Dowell, Secretary CITY OF REDLANDS By �- r i r S san Peppler, a r ATTEST t "-fo-,aae Poyzer, r Clerk West Redlands Trngation Agreement doc Page 5 of 5 Executed this 4 t:h day of May, 2004 at Redlands, California Resolution No 6274 - CFD 2004-1 - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously adopted Resolution No 6274, a resolution of intention of the City Council of the City of Redlands with respect to formation of proposed Community Facilities District No 2004-1 of the City of Redlands (Centex. Homes) A public hearing oil this matter is set for June 15, 2004, at 7 00 P M Release of Lien Arreemen - On motion of Councilmembei Gilbreath, seconded by Councilmembei Gil, the City Council unanimously authorized the release of a lien agreement dated July 19, 1979, for improvements along the northwest corner of Church Street and Pioneer Avenue and authorized the Mayor and City Cleik to execute the document on behalf of the City Agreement - West Redlands Water Coni an=,= - On nlatiom of Councilmembei Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an agreement with West Redlands Watei Company to provide domestic and irrigation water and authorized the Mayor and City Clerk to execute the agreement on behalf of the City Continent Costs for North Orange Wellfield Water Transmission Main Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved contingent costs up to 16% over the total bid anlount by Trautwein Construction, Isle , based on actual project quantities foi the Watei Transmission Main Phase of the North Orange Wellfield project Agreement - RedlandsRecycledWater, Project - On motion of Councilmember Gilbreath, seconded by Councilmembei Gil, the City Council unanimously approved a service agreement with Zenon Environmental to support the Redlands Recycled Water Project and authorized the Mayor and City Clerk to execute the agreement on behalf of the City Agreement - Paramedic Training Site - On motion of Councilmember Gilbreath. seconded by Councilmember Gil, the City Council unanimously approved an agreement with the State Center Community College District identifying the Redlands Fire Department as a paramedic training site and authorized the Mayoi and City Clerk to execute the agreement on behalf of the City Juvenile Accountability Incentive Block Grant - Oil motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously waived the City of Redlands' nght to its entire Juvenile Accountability incentive Block Grant (JAIBG) award and contribute its JAIBG funding to a Regional Juvenile Crime Enforcement Coalition (RJCEC) and authorized the Mayor to execute the waiver authorizing the State of California, Board of Corrections, to transfer the City of Redlands' 2004 JA1BG award to the County of San Bernardino. May 4, 2004 Page 5 No of Shares ... ....... 5 INCORPORATED APRIL 1 1 667 N2 1 1 10 ------------ __ AUTHORIZED CAPITAL STOCK $1 00,1300 ❑❑ 1 ❑oO SHARES, PAR VALUE $ 1 00 130 PER SHARE West Redlands Water Company REDLANDS, CALIFORNIA TDate----------------- March . 0 - , 2018_ &ItlfiLli Trust dated_ March --20,__--2001, Willaam...E -Cunningham, -Trustee - is the registered holder, entitled to represent, and (subject to conditions printed on reverse side hereof) No One (lr NO PLEDGE 16 TO BE REGISTERED WRITE "NO CINE' IN THIS SPACE) ZS registered aS ed ee -------------------------- - .. .........Fift n hree— -----__----------------saTes,...... ....._..._....._.......------------...-• --------------------------------- --------------------------------------------- each of the par valve of One Hundred Dollars, of the Capital Stock of West Redlands Water Company a corporation organized under the laws of tl,,e State of California, for thepu.ipose (in addition to any others of supplying water to its shareholders The shares evidenced here are assessable and may be sold or forfeited for non-payment of an assessment Each assessment is a lien upon the shares assessed from the time of the adoption of the resolution levying the. assessment, until pnid Etch charge or toll for w -iter delivered or other service rendered by the corporation to or for the registered holder of these shares by virtue, of of in respect of ownership of said shares is a Iii -ii against said _ shares from the tune wheri furnished or rendered, until paid No transfer of these shares can or will be made on the books of the corporation while any such assessment, charge or toll thereagainst remains or is unpaid IN WITNESS WHEREOF, said corporation has caused this certificate to be signed by its diely anti t,ized officers, a d its Coipor to Seat affixed the day Bove written SECRETARY RESIDENT