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HomeMy WebLinkAboutContracts & Agreements_14-2005_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER This Agreement is made and entered into this 18th day of January, 2005 by and between the City of Redlands, a municipal corporation ("City") and the Redlands Unified School District, ("Owner"), which together are sometimes referred to herein as the "Parties." RECITALS WHEREAS, the City of Redlands has entered into various agreements to provide domestic and irrigation water in exchange for entitlement water from mutual water companies to promote the efficient use of water and water delivery within the City; and WHEREAS, Owner is a shareholder of record of seven hundred eighty-six (786) shares of Bear Valley Mutual Water Company and twenty-seven and one-half(27.5) shares of Redlands Water Company, and WHEREAS, Owner wishes to take advantage of the opportunity to receive water from City's water system in exchange for delivering the water represented by the Bear Valley Mutual Water Company and Redlands Water Company shares to City's Hinckley Water Treatment Plant, NOW, THEREFORE, in consideration of the mutual covenants contained herein, the City of Redlands and the Redlands Unified School District agree as follows: AGREEMENT I On the terms and conditions stated herein, City commits to provide water service for irrigation purposes, up to two thousand (2,000) hundred cubic feet (ccf) per month to each of the following water meters at the addresses in the City of Redlands: 1) Kingsbury Elementary, 600 Page 1 Cajon St. (Premise No. 18752), 2) Redlands High School, 910 Central Ave. (Premise No. 28578), and 3) Cope Middle School, 1025 West Fern Ave. (Premise No. 29850). Combined these three addresses and their corresponding meters are hereinafter referred to as "Subject Property". This commitment is based upon the ownership of seven hundred eighty-six (786) shares of Bear Valley Mutual Water Company stock and twenty-seven and one-half(27.5) shares of Redlands Water company by Owner. Owner hereby assigns and shall cause all water entitlement derived from Owner's shares of stock in the Bear Valley Mutual Water Company and Redlands Water Company to be delivered to a City water treatment facility. The City shall deliver water to meet its obligation under this Agreement through the existing domestic water meters listed above. City is obligated under the terms of this Agreement to provide irrigation service to the Subject Property only for so long as the Subject Property is devoted to educational purposes and the water is primarily used to meet irrigation water demands. If and when any parcel comprising the Subject Property is subdivided for residential purposes or is otherwise developed for a usage not related to educational purposes, City's obligation to provide water service to the Subject Property under this Agreement shall cease with regard to that parcel. 2. Owner shall, at its own expense, make any required on-site connections to the irrigation system of Owner from the City's water system. 3. Owner shall receive its stock entitlement of water through a City meter, and all water thereafter shall be charged by City at the irrigation and domestic rates established by City. 4. Owners shall notify Bear Valley Mutual Water Company to deliver to City all water entitlement due to Owner upon the Subject Property being connected to the City's system. 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 by Owner. Page 2 5. During periods of high water demand City shall have the right to determine the rate of delivery to Owner in order to maintain equitable and adequate service to all of City's customers but City's obligations to deliver Owner's full entitlement of water shall not be abrogated or diminished in any way. 6. The payment of all Bear Valley Mutual Water Company service charges shall be the obligation of Owner and not the obligation of City. 7. In the event any legal action is commenced to enforce or interpret this Agreement, the prevailing party shall, in addition to any costs and other relief, be entitled to recover its reasonable attorneys' fees. S. This Agreement may be amended only by written instrument executed by the Parties 9, This Agreement shall be binding upon and inure to the benefit of the successors-in- interest and assigns of the Par-ties. 10. This agreement may be terminated by either party with a 60 day written notice for any reason. Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates set forth opposite their respective signatures hereto. OWNER Januar 12 2005 Date: Y Redlands( nified School District t CITY OF REDLANDS BY: Date: Jan. 18 2005 iayor �an Pe ATTEST: BY: �.,. ��- y Date: Jan. 18, 2005 rrie Poyze City Clerk Page 4