HomeMy WebLinkAboutContracts & Agreements_127-2011_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
6th day of September, 2011 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Peter L. Bottenberg and Michele N. Bottenberg ("Owner"). City and
Owner 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 One (1) share of Redlands Water
Company stock identified as No. 1536 (the"Share"); 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 Share to the City;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Peter L. Bottenberg and Michele N. Bottenberg agree as follows:
AGREEMENT
1. Owner hereby assigns and shall cause all irrigation water entitlement derived
from Owner's Share 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 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 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, including fees for use of in-house
counsel by a Party.
1^�caldjmTonn AgmementiTxchange Entitlement Water Lease.doc
6. This Ageement 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 OWNER
BY: BY: w'
Mayor, Pet Aguilar Pete . Bottenberg
c ele N. ttenberg
ATTEST:
BY:
City Clerk, Sam rwin
I:':ca`,djm\Form Agmements'\Exehange Entitlement Water Lease.doe
.a.
q' r AGREEMENT TO PROVIDE DOMESTIC AND IRRIGATION WATER
This Agreement is made and entered into this 6th day of August, 1496 by and between the
Redlands tVater 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."
Rj�L TAi.S
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 served 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 Redlands Water
Company and the City of Redlands agree as follows:
kna6501DWth I
I. On the terms and conditions stated herein, City commits to provide water service for
both domestic and irrigation purposes to all parcels of real property which meet each and all of the
follo�%Ing requirements: (I) the property is owned bV a shareholder of record of the Company, (:)
the property was receiving water service from the company on or before July 1, 1996 or the owner
of the property owns a minimum of five shares of Company stock; and (3) the property is located
within the limits of the City of Redlands or is located outside the limits of the City of Redlands but
within the City's and Company's water service delivery area. Each parcel of real property which
satisfies each and all of the above three conditions is referred to herein as a "Subject Property."
Company and City shall determine the size, number, and location of the connections required
to serve each Subject Property from City's system. City shall use its best efforts to make such
connections within one hundred-twenty days after City's receipt from Company of written request
for each connection to a Subject Property, but the City, with the assistance of Company, shad in all
events have completed the service connections for all Subject Properties within two years from the
date of this Agreement. The connections shall be made to City's domestic system and Company
shall pay City's costs for the iinstallation of each such connection on an actual cost time and materials
basis.
City is obligated under the te�i„s oft is Agreement to provide irrigat:ar. ser,.ce to each
Subject Property only for so long as the respective Subject Property is devoted: (1) to agricultural
usage; (2) to greenbelt usage; (3) to a mixed agricultural and greenbelt usage, or (4) to a mixed
usage which involves the shareholder's personal residential usage of the Subject Property together
with agricultural and/or greenbelt usage,
(�1hlhSOP W Ib
2
If and when a Subject Property is subdivided for residential purposes or is otherwise
developed for a usage not related to agricultural or greenbelt purposes, City's obligation to provide
water service to that Subject Property under this Agreement shall cease. If only a portion of a
Subject Property is subdivided for residential purposes or is otherwise developed for a non-
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
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 City
domestic meter, and all water thereafter shall be charged by City at the domestic rates established
by City. City will honor stock entitlements of other mutual companies used on properties connected
under this Agreement provided the shareholder agrees to assign the delivery rights thereof.
4. Company shall deliver, or have delivered, to City all water entitlement due to any
shareholder that is connected to City's system pursuant to the terms of tins 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 by
the individual shareholders to the Company.
Q1M650vWib 3
S. 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
Cit4's water customers, but the City's obligations to deliver to each shareholder of Company the
shareholder's full entitlement of mater shall not be abrogated or diminished in any way.
6. Company shall pay City ten cents ($0.10)per miner's inch per day of water delivered
pursuant to this Agreement and a bookkeeping charge of five dollars ($5.04) per year per
shareholder delivery point connected to the City's system. City shall bill Company monthly for such
fees and charges. City shall bill Company's shareholders directly on a monthly basis for each
shareholder's individual service charges to Bear Valley Mutual Water Company ("BVM charges").
The BVM charges will be billed at Bear Valley Mutual Water Company's established rate on a per
inch basis for each shareholder's actual usage_ The payment of BVM charges shall be the obligation
of the individual shareholders and not the obligation of Company.
7. Company and City acknowledge and agree that the terms of their existing agreement
dated February 5, 1913, for City water deliveries from Ford Park to Company shall continue in
effect. Except for Company's and City's agreement relating to the "Ford Park Delivery," this
Agreement contains the entire agreement of the Parties hereto as to the matters contained herein, and
supersedes any and all prior oral or written agreements between the Parties relating to the same.
8. In the event any legal 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 recover its reasonable attorneys'fees.
9. This Agreement may be amended only by written instrument executed by the Parties
hereto.
10. This Agreement shall be binding upon and inure to the benefit of the successors-in-
interest and assigns of the Parties.
IN WITNESS WTIEREOF, the Parties hereto have executed this Agreement on the dates set forth
opposite their respective signatures hereto.
REDLANDS WATER COMPANY
By; 4Executed this 6th day of August, 1996
asep Buoy-e, Presid at Redlands, California
And: J
Charlotte Van Eyk, Secretary
CITY OF REDLANDS
Executed this 6th day of August, 1996
Swen Larson, Mayor at Redlands, California
ATTEST:
Lo a Poyzer, i yEC rk
DJM65GPw,e 5