HomeMy WebLinkAboutContracts & Agreements_152A-2018AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
27th day of August, 2018 (`Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Peter Buoye and Elizabeth Buoye, husband and wife as point tenants
("Owner") City and Ownei are sometimes individually referred to herein as a "Party" and,
together, as the "Parties "
RECITALS
WHEREAS, the City and the Redlands Watei Company have entered into an agreement
dated August 6, 1996 to exchange irrigation watei, a copy of which is attached hereto as Exhibit
"A," and
WHEREAS, Ownet is a shareholdei of record of fourteen (14) shares of Redlands Water
Company stock identified as Nos 1508 and 1546 (the "Shares"), and
WHEREAS, Owner is a shareholder of record of an equivalent twenty-nine point two
(29 2) / twenty-foui point nine (24 9) shares of Redlands Water Company stock (as indicated on
page 2), and
WHEREAS, Ownei wishes to take advantage of the opportunity to receive watei from
the City's domestic water system in exchange foi Ownei's assignment of the Shares to the City,
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Peter Buoye and Elizabeth Buoye 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 watei system
2 Owner shall comply with the provisions of City's agreement with Redlands Watei
Company
3 City agrees to furnish watei under the conditions and in the amount indicated in
compliance with City's agreement with Redlands Watei Company
4 This Agreement constitutes the entire agreement between the Parties regarding the
subject matter hereof Any priot 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 of
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, including fees for use of in-house
counsel by a Party
I 1ca\dJm\Form Agreemen€s\Exchange Entitlement Water iease.doc
6 This Agreement may be amended only by written instrument, executed by the
Parties
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date
CITY OF REDLANDS
ATTEST
BY
I Clerk
OWNER
BYC
Peter Buoye
Buoye
Equivalent Shares Determination 1500A East Citrus Avenue 10.051.300
Redlands Water Company
9 shares (*7 MID)
63 units
Lugonia Water Company
16 5 shares (*3 8 / *2 4)
38MID May 1—Oct 31,
62 7 units/ 39 6 units
2 4 MID Nov 1— Apr 30
Bear Valley Mutual Water
7 7 equivalent Redlands
Company
92 shares (* 27 MID)
24 84 units
Total equivalent to
Total MID / 7 MIO (the set
215 equivalent Redlands
934 hcf
delivery rate for Redlands
150 S4 MID/7 MID
Water Company shares
Total equivalent to
Water Company)
4 7 MID/7 MID
May 1- Oct 31
2608 hcf
18.2 equivalent Redlands
Nov. 1- Apr 30
=>>>
127 44 MID/7 MID
Water Company shares
Equivalent to
Nov 1- Apr 30
2208 hcf
Equivalent Shares Determination 1403 Capon Street 10 056 303
Redlands Water Company
5 shares (*7 MID)
35 units
Lugonia Water Company
5 shares (*3 8 / *2 4)
3.8 MID May 1—Oct 31,
19 units/12 units
2 4 MID Nov 1—Apr 30
Total MID / 7 MID (the set
7 7 equivalent Redlands
delivery rate for Redlands
5 4 MID/7 MID
Water Company shares
Total equivalent to
Water Company)
May 1- Oct 31
934 hcf
6 7 equivalent Redlands
=>>>
4 7 MID/7 MID
Water Company shares
Total equivalent to
Nov. 1- Apr 30
813 hcf
11ca%djm\Form Agreements\Exchange Entitlement Water Uase.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 Direc or
DATE August 28, 2018
SUBJECT Request for Signature —Exchange Water Agreement
Recommendation.
Jeanne, enclosed is an Exchange Water Agreement between the City and Peter and Elizabeth
Buoye 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 approve and
execute these exchange agreements without prior Council approval
After signing, please return executed originals to Cecilia Gnego for further processing
Thank you
PT/cg