HomeMy WebLinkAboutContracts & Agreements_209-2012_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
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18' day of December, 2012 ("Effective Date"). by and between the City of Redlands, a
municipal corporation ("City") and Marcos Michelotti and Amaranta Scorzelli ("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 Five (5) shares of Redlands Heights
Water Company stock identified as No. 1211 (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 Marcos Michelotti and Amaranta Scorzelli agree as follows:
AGREEMENT
I Owner hereby assigns and shall cause all irrigation water entitlement derived
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from Owner's Shares to be delivered to a City water treatment facility. In exchange. Owner will
exchange,
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subject matter of this Agreement not expressly set forth herein are superseded by this
Agreement.
5. In the event any action is commenced to enforce or interpret the terms or
conditions of this Agreement the prevailing o Party shall, in addition to any costs and other relief,
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be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house
counsel by a Party.
Parties.6. This Agreement may be amended only by written instrument, executed by the
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF REDLANDS OWNER
BY: BY:
Mayor, to Aguilar Marcos Michelotti and
Amaranta Scorzelli
ATTEST:
BY..
City Clerk, 1Irwm
e f
AGREEMENT
Y '
THIS
AMMMT, executed by and between the City of Redlands, he
after called "City" and the Redlands Fights Water Company,
hereinafter:
call "Company" is entered into this First
of
august
1967.
RECITALS
I. e C any 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, be.ng a substantial stockholder intheC dams
a
it in the public interest to assist in the discontinuation of as many
unnecessary little used pipelines as possible.
3= Many of the C anyrs points of delivery my be served frothe
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✓ r City's domestic water system.
4- The Physical means exist for the City to receive water fr
an the
CapaY in exchange for water delivered by the City to Company stockholders.
C 0 V 9 N A R T S
For and in consideration of the mutual covenants set forth herein,
Company and City agree as follows:
I• The Company shall: deterAdne the size of connection required to
serve each stockholder from the citys and pay for instalUtion of
such connections, which shall serve also aq the domestic connection to
shareholders entitled to receive water service.
2. Me Company, at its expense, shall make any connection to the
irrigation system from the domestic system of a customer.
3. Daring irrigation months only, the customer may receive his stack
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.
.. Company agrees to deliver or have delivered to the City,.an water
entitlement due to any stockholder that is connected to the City's system
accordance with this agreement. All water shall be delivered in potable
cmation, or to a City facility capable of making thewater
All, assessment and service charges for stock entitlement to such grater 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 judgment of the CitYj
will result in the eunination of a substantial portion of the Companys
transmission lines.
7. The Caffipay shall pay the City ten cents (.10) per MID delivered
in this mamer and a bookkeeping charge of five dollars ($5.00) Per year
per delivery point connected to the City's system. Billing shall be made
mthly.
8. The Company shall maintain a service charge for providing service
fof grater delivered.
to each point of very irrespective of quantity
These charges shall be divided equally g'points of delivery of all stock-
holders and shall include but not be restricted to:
a. Office eases.
b. Zanjero es.
c. Administrative Expenses.
d. Bookkeeping charges from the City.
e, Taxes.
IN WITNESS EOF, the parties have hereunto subscribed r
names
the day and year hereinabove written.
RMANDS HEIGHTS WATER CCHPANY
e
vice Presig t
CITY OF RUTANDS
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y,