HomeMy WebLinkAboutContracts & Agreements_97-2011_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
19`h day of July, 2011 ("Effective Date'"), by and between the City of Redlands, a municipal
corporation ("City") and Gwen Hughes ("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 August 1, 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 West Redlands Water
Company stock identified as No. 827 (the "Shares"); 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 Shares to the City;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Gwen Hughes 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 system.
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.
I:lcaWJm\Form Agreements\Exchange Fntatlement Water Lease.doc
6. This Agreement may be amended only by written instrument= executed by the
Patties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date,
CITY OF REDLANDS OWNER
BY: BY:
It favor
ATTEST:
BY:
City Clerk �
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PAGE 02
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AGREEMENT TO PROVIDE DOMESTIC AND IRRIGATION WATER
This Agreement is made and entered into this I"day of August, 1995 by and between the
West Redlands Water Company, a mutual crater company organised 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."
Whereas, Company desires to relieve itself of the burden of maintaining pipelines in
geographical areas where.Water usage by C09*iriy shareholders 's*r;bt sufficient to warrant
significant ekpenditures for the capital rna ntennW_e of siach pipelines; wind
Whereas, City, being a-itbstan ial solder in Company, dm ts•it iii the public intmst
to assist Company in the discontiguation of!asp'many unnecessary add little used pipelines acrd.
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 rnttutual promises contained heriln, and.fvr nA
other good,and viluable;eorrsideration, the receipt of which is hereby actthov� ledlged, the West
Redland6 Watet Company and the City.of'Rediatids agree as follows:
PAGE 03
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AUEEMENI
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 was receiving water service from he company on or befdre Iuly 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 Redlants. but withic the City's and Company's water service delivery area. Each parcel
of real property which satisfies each and 0 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 a written
request for each connection to a Subject Property, but the City, with the assistance of Company,
shall 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 trade to City's domestic system
and Company shall pay City's costs for the installation of each such connection on an actual cost
time and materials basis,
City is obligated tinder the terms of this Agreement to provide irrigation service to each
Subject 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.
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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 shareholder 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 teeter, and all water thereafter shall be charged by City at the domestic rates established
by City. City will honor stack 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 this Agreement. All water
delivered by Company shalt 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,
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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 City's water 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 'way.
6. Company shall pay City ten cents ($ 1.10) per miner's inch per day of water
delivered pursuant to this Agreement and a bookkeeping share of five dollars ($5.00) 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 gate an 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. Coatpany and,City acknowledge and ag€ee that the terms of their existing agreement
dated June 3, 1975, for City water deliveries from Ford Park to Company shall continue in effect.
Except for company's and City's agreement relating to the "Forts 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 sarne.
8. In the event any legal action is commences 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.
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10. This Agreement shall be binding upon and inure to the benefit of the successors-in
interest and assigns of the parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates set;Forth
opposite their respective signs hereto.
WEST REDLANDS WELTER COMPANY
BY= Executed this 4.� _ay of 1999
ill t-.-cE�-:=
at.Redlands,California
And: 4 LIZ)� r"�
r Charlotte Ven Eyk, Sccretary�f�aaC
CITY OF R.EDL,ANDS
BY: Executed this day of A".1999
ni Bandi, Mayor Pro Tem at Redlands, California
ATTEST:
Lorrie Poyzer, City Clerk