HomeMy WebLinkAboutContracts & Agreements_62-2015_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
21" day of April, 2015, ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Mr. William J. Emmerson and Nancy L. Emmerson ("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 Heights Water Company have entered into an
agreement dated August 1, 1998, 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 Heights
Water Company stock identified as Nos. 1217 (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 Mr. William J. Emmerson and Nancy L. Emmerson 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
Heights Water Company.
3. City agrees to furnish water under the conditions and in the amount indicated in
compliance with City's agreement with Redlands Heights 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.
6. This Agreement may be amended only by written instrument, executed by the
Parties.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF REDLANDS OWNER
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BY: BY:
Mayor
ATTEST:
BY: .
City (Werk
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INCORPORATED MAY 9, 16911
No. Of AUTHORIZED CAPITAL STOCK $S00,000 N2
ti 51100 SHARES PAR VALUE ED100.
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Redlands Hey hts Water Company �`
REDLANDS, SAN BERNARDINO COUNTY, CALIFORNIA
Date: —------
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is the registered holder, entitled to represent, and (subject to conditionsp rinted on reverse side hereof) ------
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No One
(IF NO PLEDGE IS To SE REGISTERED, WRITE "NO DNI" IN THIS SPACEI
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is registered as pledgee of ---------- ------------ shares,,
each of the par value of One Mindred Dollars, of the Capital Stock. of
5 Redlands Heights Water Company
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K a corporation organized under the laws of the State of California, for the purpose (in addition to any others)
of snpplyi-ng -water to its shareholders.
The shares evidenced bore are. assessable and may be sold or forfeited for non-payment of an assessment.
Each assessment is a lien upon the shares assessed from the time of the adoption of the resolution levying the
assessment, until paid. Each charge or toll for water delivered or other service rendered by the corporation to or
for the registered holder of these shares by virtue of or in respect of ownership of said shares is a lien against said -q
shares from the time when furnished or rendered, until paid. No transfer of these shares can or will be made on
the boolcis of the corporation while any such assessment, charge or toll thereagainst remains or is unpaid.
IN IVITNESS WHEREOF, said corporation has caused this certificate to be signed by its dilly
Corporate Seat
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out zed affice -nd its Cat affixed the da above written.
NS EC R ETARY PRESIDENT
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