HomeMy WebLinkAboutContracts & Agreements_204-2014_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
7t1i day of October, 2014 ("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 water, a copy of which is attached hereto
as Exhibit"A;" and
WHEREAS, Owner is a shareholder of record of fifteen (15) shares of West Redlands
Water Company stock identified as No. 1097 (the "Shares"); and
WHEREAS, Owner wishes to flake 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 Cunningham Trust dated March 20, 2001, William E. Cunningham, Trustee
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 systern.
2. Owner shall comply with the provisions of City's agreement with West Redlands
Water 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.
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.
IAca\djm\Fonn Agreements\Exchange Entitlement Water Lease.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 OWNER
BY: BY:
Mayor, P Aguilar William E. Cunnin am
ATTEST:
f
BY:
City Cl , SAM Irwin
4.1cakljm\Form Agreements\Exchange Entitlement water Lease.doc
AGREEMENT TO PROVIDE DOMESTIC AND IRRIGATION WATER
This ALYreement is made and entered into this 4 th day of May.2004 by and between
the West Redlands Neater Company, a mutual water company organized and existing tinder the
laws of the State of California("Company").and the Cite of Redlands.a municipal corporation
("City"), which together are sometimes referred to herein as the "Parties."
REQ-I AI..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 unnecessan, and little used pipelines
as possible; and
Whereas, many of Company's points of eater delivery may be served from City's
domestic water system; and
�`hereas. the physical means exist for Cine 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 �Yest
Redlands \Vater Company and the City of Redlands agree as i'ollows:
West Redlands Irrigation Agreentent.doc
Paee I of S y
AGREEMENT
1. 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 following requirements; (1) the property is owned by a shareholder of record of the
Company; (2) the property owner held the shares of 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 Cite 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. Upon approval of Company and City
of a new or modified water connection, Company shall. provide a Written request to the City.
City shall use its best effort to make such connections within one-hundred-twenty days after
City's receipt from Company of a written request for each connection to a Subject Property. The
connections shall be made to City's domestic system and Shareholder shall pay City's costs for
the installation of each such connection on an actual cost time and materials basis.
City is obligated under the terms of this AVgreement to provide irrigation service to each
Sul?jcet Property only for so long as the respective Subject Property is devoted: (1) to agricultural
usage; (2) to green belt 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. Usage to be determined by the Company.
If and «Then a Subject Property is subdivided for residential purposes or is othei•Xvise
developed for a usage not related. to agricultural or -reenbelt 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-
West Redlands Irrigation lAgreenient.doc
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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,
snake any required on-site connections to the irrigation systems of company shareholders from the
domestic water system of City:
I Company shareholders shall receive their stock entitlement of water throuah a City
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 I 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 hig=h 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 rater 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 s't'ay.
6. Shareholder shall pay City ten cents ($0.10) per miner's inch day (NMID) of ~eater
delivered pursuant to this Agreement and a bookkeeping charge of five dollars (55.00) per year
per shareholder delivery point connected to the City's system. City shall bill Company's
West Redlands In•igation Ilgreetnent.doc
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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 by the
Company at Bear Valley Mutual Nater Company's established rate on a per inch basis for each
shareholder's actual usage.
7. Company and City acknowledge and agree that the terms of their existing agreement
dated June 3. 1975. for Cite 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.
fN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the dates set forth
opposite their respective signatures hereto.
West Redlands Irritation A^reement.doc
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WEST REDLANDS NVATER COMPANY
Executed this 3rddav of Mav, ''004 at
-V V�iham E. ClawliLngharn
Redlands, California
And:
Meryl wbo«�ell, Secretary
i
CITY OF REDLANDS.
_J
Executed this 4 th day of Matt. 2Q04 at
S;4san Peppler, Nlay6r Redlands, California
A'T'TEST:
.•torr ie Povzer ,)biy Clerk
West Redlands Errkation Aereement,cloc
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