HomeMy WebLinkAboutContracts & Agreements_203-2020AGREEMENT TO EXCHANGE ENTITLEMENT WATER
This water entitlement exchange agreement (` Agreement") is made and entered into this
15th day of September, 2020 ("Effective Date"), by and between the City of Redlands, a municipal
corporation ("City") and Mohamed Ismail, an individual ("Owner"), together are sometimes
referred to herein as the `Parties.
RECITALS
WHEREAS, City has entered into various agreements to provide domestic and irrigation
water in exchange for entitlement water from mutual water companies to promote the efficient use
of water delivery systems and the continuation of citrus and other greenscape landuses within City
and
WHEREAS, Owner is a shareholder of record of two (2) shares of Lugonia Park Water
Company stock; and
WHEREAS, Owner wishes to take advantage of the opportunity to receive water from
City's existing domestic water system in exchange for delivering the water represented by their
Lugonia Park Water Company shares to City's Hinckley Water Treatment Plant;
NOW THEREFORE, in consideration of the mutual covenants contained herein, the City
of Redlands and Mohamed Ismail agree as follows:
AGREEMENT
Section 1. On the terms and conditions stated herein, City commits to provide water
service for both domestic and irrigation purposes to the parcel of real property owned by Owner
with the common address of 1329 Sylvan Blvd. Redlands, California (hereinafter referred to as
`Subject Property") based upon the ownership of two (2) shares of Lugonia Park Water Company
stock by Owner, Owner hereby assigns and shall cause all irrigation water entitlement derived
from Owner's shares of stock in the Lugonia Park Water Company to be delivered to a City water
treatment facility In exchange, Owner will receive an equal amount of potable water through
City's domestic water system. City shall deliver water to meet its obligation under this Agreement
through the existing domestic water meter at the Subject Property
City is obligated under the terms of this Agreement to provide irrigation service to the
Subject Property only for so long as the Subject Property is devoted to: 1) agricultural usage; 2)
greenbelt usage; 3) a mixed agricultural and greenbelt usage; or 4) a mixed usage which involves
Owner's personal residential usage of the Subject property together with agricultural and/or
greenbelt usage.
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If and when the Subject Property is subdivided for residential purposes or is otherwise
developed for a usage not related to agricultural or greenbelt purposes, City's obligation to provide
water service to the Subject Property under this Agreement shall cease.
Section 2. Owner shall, at its own expense, make any required on-site connections to
the irrigation system of Owner from City's domestic water system.
Section 3. Owner shall receive its stock entitlement of water through a City domestic
meter, and all water thereafter shall be charged by City at the domestic rates established by City
Section 4. Owner shall notify Lugonia Park Water Company to deliver to City all
water entitlement due to Owner upon the Subject Property being connected to City's system. All
water delivered by Company shall be in potable condition, or delivered to City's Hinckley Water
Treatment Plant in a condition capable of being made potable by conventional water treatment
methods. All assessments and service charges for stock entitlement to such water shall be paid by
Owner
Section 5. During periods of high water demand City shall have the right to determine
the rate of delivery to Owner in order to maintain equitable and adequate service to all of City's
customers. But City's obligation to deliver Owner's full entitlement of water shall not be abrogated
or diminished in any way
Section 6. Owner shall pay City ten cents ($0.10) per miner s inch per day ($0.0058
per 100 cubic feet) of water delivered pursuant to this Agreement and a bookkeeping charge of
five dollars ($5.00) per year. City shall bill Owner on a monthly basis for such fees and charges.
The payment of all Lugonia Park Water Company assessments and Bear Valley Mutual Water
Company service charges shall be the obligation of Owner and not the obligation of City
Section 7. In the event any legal action is commenced to enforce or interpret this
Agreement, the prevailing party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees.
Section 8.
the Parties.
This Agreement may be amended only by written instrument executed by
Section 9. 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, duly authorized representatives of the Parties have signed in
confirmation of this Agreement
CITY OF REDLANDS OWNER
B QA
Paul W Foster, Mayor
ATTEST
Donaldson, City Clerk
By
Moha ed Ismail, an individual
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