HomeMy WebLinkAboutContracts & Agreements_152B-2018AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This watei entitlement exchange agreement ("Ag
27("Agreement") is made and entered into this
th day of August, 2018 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Teresa Maria Buoye ("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 Water Company have entered into an agreement
dated August 6, 1996 to exchange Irrigation water, a copy of which is attached hereto as Exhibit
"A," and
WHEREAS, Owner is a shareholder of record of eighteen (18) shares of Redlands Water
Company stock Identified as Nos 1545 (the "Shares"), and
WHEREAS, Owner is a shareholder of record of an equivalent forty-three point six
(43 6) / thirty-six point eight (36 8) shares of Redlands Watei Company stock (as indicated on
page 2), and
WHEREAS, Ownei wishes to take advantage of the opportunity to receive water from.
the City's domestic watei 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 Teresa Maria Buoye agree as follows
AGREEMENT
1 Owner hereby assigns and shall cause all irrigation water entitlement derived
from Ownei's Shares to be delivered to a City water treatment facility In exchange, Ownei 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 Redlands Water
Company
3 City agrees to furnish water under the conditions and in the amount indicated In
compliance with City's agreement with Redlands Water Company
4 This Agreement constitutes the entire agreement between the Parties regarding the
subject matter hereof Any prior written of 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, including fees for use of in-house
counsel by a Party
11ca\dimTorm Agreetnents\Exchange Entitlement Water Lease.doe
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
BY
f �i �►
Mayor
ATTEST
BY , atv_�
y Clerk
OWNER
Equivalent Shares Determination 15006 East Citrus / Account Number 10 167 300
Redlands Water Company
18 shares (*7 MID)
126 units
j
Lugonia Water Company
34 shares (*3 8 / *2 4)
38MID May 1—Oct 31,
129 2 units/81 6 units
2 4 MID Nov 1—Apr 30
Bear Valley Mutuai Water
Company
184 shares (* 27 MID)
49 68 units
43 6 equivalent
304 88 MID/7 MID
Redlands Water
Total equivalent to
Total MID/ 7 MID (the set
Company shares
5289 hcf
delivery rate for Redlands
May 1 - Oct. 31
Water Company)
36 8 equivalent
=»>
257 28 MID/7 MID
Redlands Water
Total equivalent to
Company shares
4464 hcf
Nov. 1 - Apr 30
I IcaldjinWorm 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 Direct,0/1/
DATE August 28, 2018
SUBJECT Request for Signature —Exchange Water Agreement
Recommendation -
Jeanne, enclosed is an Exchange Water Agreement between the City and Teresa Maria 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 Griego for further processing
Thank you
PT/cg