HomeMy WebLinkAboutContracts & Agreements_101-2011_CCv0001.pdf AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement ("Agreement") is made and entered
into this I 91 day of July, 2011 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City„) and Russell Seheult ("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 One (1) shares of Redlands
Heights Water Company stock identified as No. 1198 (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 Russell Schuelt 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 systern.
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.
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5. In the event any action is commenced to enforce or interpret the terms or
conditions of this Agreernent the prevailing Party shall, in addition to any costs and other
reliefbe entitled to the recovery of its reasonable attorneys' fees, including fees for use of
in-house counsel by a Party.
6. Tliis Agreement may, be amended only by written histrurnerit- executed by
the Parties.
fN WITINMSS WHEREOF, the Parties have executed this Agreement as of the Effective
Date.
CITY OF REDLANDS OWNER
BY: BY:
Mayon Pte Aguilar Russell 'ehetuilt
ATTEST:
BY:
City Clerk,- Sarn I vin
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EXHIBIT
AGREEMENT °A'
THIS AGREEMENT, 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
of
u , 1967.
R I C TTA 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
�l• City's domestic water system.
Vit. The physical means exist for the City to receive water from the
Canpany 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 get 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 aq 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 crater
entitlement due to any stockholder that is connected to the City,s 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.
b. 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 ($5.00) per year
per delivery point connected to the City's system. Billing shall be made
monthly.
8. 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 clay and year hereinabove written.
REDLANDS 4ETGHTS WATER COMPANY
- Vice PresiZent
CITY OF REDLANDS
By
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