HomeMy WebLinkAboutContracts & Agreements_100-2011_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
19`n day of July, 2011 (`'Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Irving Feldkamp ("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, 1967 to exchange irrigation water, a copy of which is attached hereto
as Exhibit`°A;" and
WHEREAS, Owner is a shareholder of record of Nine and One Half (9 t/x) shares of
Redlands Heights Water Company stock identified as No. 1207 (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 Irving Feldkamp 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 Redlands
Heights Water Company.
i. 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 b_v a Party.
6. This Agreement may be amended only by written instrument, executed by the
Parties.
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IN WITNESS WHEREOF, thePartihave executed this Agreement asofthe Effective Date.
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+ EXHIBIT
AGREEMEN T 'A9
THIS AGRUVENT, executed by and between the City, of Redlands, herein-
after called "City" and the Redlands Heights Water Company, hereinafter
called "Company" is entered into this First day of
Aucrust , 1967.
R E C I T A L S
1. The Company desires to relieve itself of the burden of maintaining
pipelines In many areas where the usage is not sufficient to warrant large
expenditures for such maintenance.
2. The City, being a substantial stockholder in the Company, deems
it in the public interest to assist in the discontinuation of as many
unnecessary and little used pipelines as possible,
3. Many of the Company's points of delivery may be served from the
City's domestic water system,
4. The physical means exist for the City to receive water from the
Company in exchange for water delivered by the City to Company stockholders.
C 0 V E N A N T 5
For and in consideration of the mutual covenants set forth herein,
Company and City agree as follows;
1. The Company shall determine the size of connection required to
serve each stockholder from the city system, and pay for installation of
such connections, which shall serve also al the domestic connection to
shareholders entitled to receive water service.
2. The Company, at its expense, shall make any connection to the
irrigation system from the domestic system of a customer,
3. During irrigation months only, the customer may receive his stock
entitlement through the domestic meter and all water thereafter shall be
charged by the City at the domestic rates established by City ordinance or
resolution.
4. Company agrees to deliver or have delivered to the City, all water
entitlement due to any stockholder that is connected to the Cityfs system in
accordance with this agreement. All water shall be delivered in potable
condition or to a City facility capable of making the water potable.
All assessment and service charges for stock entitlement to such water shall
be paid by the stockholders.
5. The City shall have the right to limit the maximum rate of delivery
in order to maintain adequate service to domestic consumers.
6. The City shall make the exchange provided herein only for such
services and under such circumstances as, in the judgement of the City,
will result in the elimination of a substantial portion of the Company's
transmission lines.
7. The Company shall pay the City ten cents (.10) per MID delivered
in this manner and a bookkeeping charge of five dollars ($55.00) per year
per delivery point connected to the City's system. Billing shall be made
monthly.
B. The Company shall maintain a service charge for providing service
� to each point of delivery irrespective of the quantity of water delivered.
These charges shall be divided equally among points of delivery of all stock-
holders and shall include but not be restricted to:
a. Office Expenses.
b. Zanjero Expenses.
c. Administrative Expenses.
d. Bookkeeping charges from the City.
e. Taxes.
IN WITNESS WHEREOF, the parties have hereunto subscribed their names
the day and year hereinabove written.
REDIANDS HEIGHTSWATERCOMPANY
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