HomeMy WebLinkAboutContracts & Agreements_46-2020AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water e, itlement exchange agreement ("Agreement") is made and entered into this
E `rn day of - It 2020 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City") and Mi Shawn Couture and Mrs Kimbeily Couture ("Ownei")
City and Owner are sometimes individually referred to herein as a "Party" and, together, as the
"Parties "
RECITALS
WHEREAS, the City and the West Redlands Water Company have entered into an
agreement dated May 4, 2004, 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 West Redlands Water
Company stock identified as Nos 1095, 1103, 1104 (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 Mr Shawn Couture and Mrs Kimberly Couture 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 West Redlands
Water Company
3 City agrees to furnish water under the conditions and in the amount indicated in
compliance with City's agreement with West Redlands 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
11ca\djmlForm Agreements\ Exchange Entitlement Water Lease.doc
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date
CITY OF REDLANDS
BY
City Council Member
ATTEST
BY
lerk, Jeanne Donaldson
OWNER
BY
Shawn Couture
BY `/1An�
' !Mr'
outure
Equivalent Shares Determination. West Redlands Water Company
Address
# Shares
Applied
Delivery Rate
MID Conversion
Factor
Total Water Equivalent in CCF
635 W Highland Ave
5
6 5 MID
1 MID=17 33 CCF
563
1201 S Center St
5
6 5 MID
1 MID=17 33 CCF
563
I 1ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc