HomeMy WebLinkAboutContracts & Agreements_239-2015_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
15th day of December, 2015 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and John Ladner and Mark Lipscomb ("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 ten (10) shares of Redlands Heights
Water Company stock identified as No. 1220 (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 John Ladners and Mark Lipscomb 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.
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.
lAca\djm\Form Agreemen[AExchange 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 OWNERS
BY� ) BY:
"` aul W. Foster, Mayor Jolui Ladner,
ATTEST: Mark Lipscomb
BY: `
City Cler , Sam Irwin
L\ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc
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\� � /b• INCORPORATED MAY 9, lags V -
i AUTHORIZE Ll CAPITAL STOCK $50❑ 0 1220
No. of Shares__.._.-__—���_______ 5040 SHARES PAR VALUE $300. W 1
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Deland Heights ate ° Company• f. A
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l'II s REDLANDS, SAN BERN ARDINO COUNTY :>
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\. ;•� ,Date; September 21, 2015
IvC,[tt ,7ohn_Laalri r=__and Mark L pscombz Re is eyed domestic partners _as point tenants ________________-
is the registered holder, entitled to represent, and (subject to conditions printed on reverse side hereof) ------ `
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(IFOne
NOPLEDGE IS TO Be REGISTERED, WRITE "NO ONE” IN THIS SPACE)
-_--_-•_------------------------------------------------------------------•----------------------------------------------------------------------------------------------- --------------------
7; is registered as pledgee o
---------_.----------- Ten------- ___---_
y each of the par value of One Hundred Dollars, of the Capital Stock of
Redlands Heights Water Company
>. a corporation organized ender the latus of the State of Calif ornia, for the purpose (in addition to any others)
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of supplying •water to its shareholders.
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rf The shares evidenced here are assessable and may be sold or forfeited for non-payment of an assessment.
t tet;f Each assessment is a lien upon the shares assessed from the time of the adoption of the resolution levying the
F,• assessment, until paid. Each charge or toll for water delivered or other service rendered by the corporation to or -
u r for the registered holder of these shares by virtue of or in respect of ownership of said shares is a lien against said : t�Julgn'�
C Ei J shares from the time when furnished or rendered, until paid. No transfer of these shares can .or will be made on L.„1
the books of the corporation while any such assessment, charge or toll thereagainst remains or is unpaid. E
' •-a IN 117ITNESS WHEREOF, said corporation has caused this certificate to be signed by its d-idy
authorized officers, and i s Corporate Seal affixed the day ove written.
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CRETA RY PRESIDENT
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