HomeMy WebLinkAboutContracts & Agreements_44-2004_CCv0001.pdf AGREEMENT TO EXCHANGE STOCK ENTITLEMENT WATER
This Agreement is made and entered into this 16th day of March, 2004 by and between the
City of Redlands, a municipal corporation ("City") and Mark Buoye, an individual("Owner"), who
together are referred to herein as the "Parties."
RECITALS
WHEREAS, the City has found it to be in the best interests of the public health, safety and
welfare of its citizens to provide domestic and/or irrigation water through City meters in exchange
for entitlement water from mutual water companies because such agreements promote the efficient
use of limited water supplies and water delivery systems, along with the development and
continuation of citrus, agriculture and landscape uses within the City; and
WHEREAS, Owner is the shareholder of record of fifteen and one-half(15.5) shares of
Redlands Water Company stock and ten(10) shares of Lugonia Water Company stock(collectively,
the "Shares"); and
WHEREAS, Owner wishes to receive domestic and irrigation water from the City's water
system in exchange for Owner causing the delivery of the quantity of water represented by Owner's
Shares(the "Entitlement Water") to the City's Hinckley Water Treatment Plant;
NOW, THEREFORE, in consideration of the mutual promises contained herein, and for such
other good and valuable consideration the receipt of which is hereby acknowledged, the City of
Redlands and Mark Buoye agree as follows:
AGREEMENT
1. Exchange of Water. On the terms and conditions stated herein,the City shall provide
domestic and irrigation water service through City meters to San Bernardino County Assessor's
Parcel number 299-291-27 (hereinafter the "Property") in an amount equivalent to the Entitlement
Water. In exchange therefor,Owner hereby assigns the Shares and the Entitlement Water to the City,
and Owner shall cause all Entitlement Water to be delivered to a City water treatment facility.
2. Limited Use of Property. The City's obligation to provide irrigation water pursuant
to this Agreement is expressly conditioned upon the Property being devoted to an agricultural use,
or to a mixed use which includes domestic water service to Owner's residence together with an
agricultural use of the Property. If the Property is subdivided or is otherwise developed for a non-
agricultural use, the City's obligation to provide irrigation water service to the Property shall cease.
3. Costs for Connections. Owner shall, at its own expense, make all required on-site
connections to the irrigation system of Owner to facilitate delivery of water from the City's water
system.
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4. Excess Water. Any water delivered by the City to Owner in excess of the amount of
Entitlement Water shall be charged to Owner at the City's irrigation and domestic rates then in effect.
5. Notice to Mutual Water Companies. Owner shall notify the Redlands Water
Company and the Lugonia Water Company to deliver the Entitlement Water to the City. All
Entitlement Water delivered by the companies shall 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. The payment of all Redlands Water Company and Lugonia Water Company
assessments, and Bear Valley Mutual Water Company service charges, associated with the
Entitlement Water shall be the obligation of Owner and not the obligation of the City.
6. Intemjptabfljjy of Service. During periods of high water demand,the City shall have
the right to determine the rate of delivery of water to Owner to maintain equitable and adequate water
service to all of the City's customers, but the City's obligation to deliver Owner's full entitlement of
water shall not be abrogated or diminished in any way.
7. Payment of Boosting Costs Owner shall pay to the City the cost to boost water from
the Hinckley Water Treatment Plant (1750 pressure zone) to the Property (2 100 pressure zone).
Through December 31, 2005, the cost for boosting shall be $67.00 per acre-foot of water delivered
pursuant to this Agreement. Before March 1, 2006, and every three (3) years thereafter, the City
shall calculate the then-current water boosting rate based on Southern California Edison Booster
Efficiency Test results. The City shall invoice Owner on a monthly basis for the boosting costs and
Owner shall pay such invoices within thirty (30) days of the date of each invoice.
8. Attorneys' Fees. 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 recover its reasonable attorneys' fees.
9. Entire Agreement/Amendment. This Agreement represents the entire agreement of
the Parties as to the matters contained herein, and supercedes any prior verbal or written agreements
between the Parties as to such matters. Further, this Agreement shall be amended only by written
instrument executed by the Parties.
10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
successors-in-interest and assigns of the Parties.
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IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates set
forth opposite their respective signatures hereto.
OWNER
By: Date:
Mar uoye
CITY OF REDLAND
By: Date: March 16, 2004
�Usan.Peppler, Mayor
ATTEST:
By . Date: March 16 2004
'orne Poyz
City Clerk
WU\A W\EXC# NGE EN"TLEMEW WATM
Cooperative Well Use Agreement - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council unanimously approved
an agreement with the San Bernardino Valley Municipal Water District for use
of the San Bernardino Avenue well as a backup water supply source and
authorized the Mayor and City Clerk to execute the agreement on behalf of the
City.
Agreement - Exchange Entitlement Water - On motion of Councilmember
George, seconded by Councilmember Gilbreath, the City Council
unanimously approved an agreement with Mark Buoye to exchange
entitlement water and authorized the Mayor and City Clerk to execute the
agreement on behalf of the City.
2004 Water and Sewer CIP Project - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council unanimously
authorized staff to approve contingent costs for the 2004 Water and Sewer
Capital Improvement Program Project, Phase 1, Sunset Drive Water Main.
2004 Water Quality Conference - On motion of Councilmember George,
seconded by Councilmember Gilbreath, the City Council unanimously approved
funding of the City's participation in the 2004 Water Quality Conference in the
amount of$3,000.00.
Funds ,.- Playground Equipment - Community Center - On motion of
Councilmember George, seconded by Councilmember Gilbreath, the City
Council unanimously approved the purchase of playground equipment for the
Community Center from Dave Bang and Associates in the amount of
$19,003.00. On motion of Councilmember George, seconded by
Councilmember Gilbreath, the City Council unanimously appropriated
$19,003.00 from Proposition 12 per-capital grant revenue. On motion of
Councilmember George, seconded by Councilmember Gilbreath, the City
Council unanimously authorized staff to include the installation of this
equipment and the construction of a tennis court ADA access to the playground
equipment installation bid call approved by the City Council on January 20,
2004.
Independent Contractor Agreement - John Lantier - On motion of
Councilmember George, seconded by Councilmember Gilbreath, the City
Council unanimously approved an independent contractor agreement with John
Lantier for an Internet training class and authorized the Mayor and City Clerk to
execute the agreement on behalf of the City.
Contract - DUI Enforcement and Collision Reduction Support - On motion of
Councilmember George, seconded by Councilmember Gilbreath, the City
Council unanimously approved a contract with the City of Victorville Police
Department to provide police services for driving under the influence
March 16, 2004
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