HomeMy WebLinkAboutContracts & Agreements_41-2015_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered into this
17th day of March, 2015, ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Mr. Michael Henderson Jackson and Melanie Celeste Jackson
("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, 1998,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 Redlands Heights
Water Company stock identified as Nos. 1218 (the"Share"); 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 Share to the City;
NOW, THEREFORE, in consideration of the mutual promises contained herein, the City
of Redlands and Mr. Michael Henderson Jackson and Melanie Celeste Jackson agree as follows:
AGREEMENT
1. Owner hereby assigns and shall cause all irrigation water entitlement derived
from Owner's Share 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.
6. This Agreement may be amended only by written instrument, executed by the
Parties.
IAca\djm\Form Agreements\Exchange Entitlement Water Lease.doc
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF REDLANDS OWNER
BY: C.
Mayor
ATTEST:
BY:
City Cl
I:\ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc