HomeMy WebLinkAboutContracts & Agreements_206-2020AGREEMENT FOR THE PROVISION OF TEMPORARY DOMESTIC WATER SERVICE
This agreement for the provision of temporary domestic water service (` Agreement") is
made and entered into this 25th day of September, 2020 ("Effective Date"), by and between the
City of Redlands, a California general law city and municipal corporation ("City") and Redlands
Palm Investment, LLC, a California limited liability company ("RPI"). City and RPI are
sometimes individually referred to herein as a `Party and, together, as the `Parties.
RECITALS
WHEREAS, RPI is the owner of certain real property located at 301 West palm Avenue
in the city of Redlands and more specifically identified as county of San Bernardino Assessor s
Parcel No. 0173-231-05-0000 (the `Property"); and
WHEREAS, two residences and a large citrus grove, in addition to several smaller
structures, presently exist upon the Property and
WHEREAS, as a result of the failure of certain pipeline infrastructure serving the
Property water pressure to the Property has significantly decreased such that there is insufficient
pressure to properly serve the domestic needs of the residents of the Property and maintain in
good quality the citrus grove located on the Property and
WHEREAS, section 13.08.070(a) of the Redlands Municipal Code authorizes City to
provide domestic water under the same service when two or more dwelling units are under the
same ownership and on the same lot or parcel of land; and
WHEREAS, section 13 08.070(b) of the Redlands Municipal Code permits the
installation of more than one domestic water service and meter upon a property when the City
consents to the same, based on special circumstances identified by City that are applicable to the
property to be served;
NOW THEREFORE, in consideration of the mutual promises contained herein, City and
RPI agree as follows:
AGREEMENT
Section 1. Temporary Water Service. Subject to the terms and conditions of this
Agreement, City shall provide temporary domestic water service to the Property through the
installation of a new one -inch meter (the `Meter') on the terms and conditions provided herein.
Section 2. Payment for Temporary Water Service. Water usage and a water service
charge, which shall be based upon the length of time the Meter is in use by RPI, shall be charged
to RPI by City at the current `Building Water Usage and Rate' scheduled rates stated in
Redlands Municipal Code section 3.52.040 A refundable meter prepayment in the amount of
two hundred twenty five dollars ($225.00), as required by Redlands Municipal Code section
3.52.040, shall be paid to City by RPI prior to, or at the time of, City's provision of the Meter, to
guarantee the Meter is returned to City undamaged and sealed. The Meter shall be read
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approximately every sixty (60) days. If the Meter is returned to City prior to sixty (60) days, the
applicable charges will be deducted from the prepayment and the difference, if any will be
refunded. Should the total charges exceed the prepayment, a bill will be issued for the remaining
balance owed.
Section 3. Damages to Temporary Meter. If the Meter is damaged due to neglect or
carelessness, the RPI shall be responsible for said damage. If the meter is lost or stolen, the entire
prepayment will be forfeited as stated in Redlands Municipal Code section 13.16.010.
Section 4. Relocation of Water Meter. RPI shall not relocate, or cause the Meter to
be relocated, without the prior written consent of City
Section 5. Notices. Any notice or other communication required, or which may be
given, pursuant to this Agreement shall be in writing. Any such notice shall be deemed delivered
(i) on the day of delivery in person, (ii) five (5) days after deposit in first class registered mail,
with return receipt requested; (iii) on the actual delivery date if deposited with an overnight
courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously
by first class, certified, registered or express mail; in each case properly posted and fully prepaid
to the appropriate address set forth below or such other address as a Party may provide notice of
in accordance with this section.
CITY.
City Clerk
City of Redlands
35 Cajon Street
P 0 Box 3005 (mailing)
Redlands, CA 92373
jdonaldson@cityofredlands.org
Phone: (909) 798-7531
Fax: (909) 798-7535
REDLANDS PALM INVESTMENT, LLC:
Matthew A. Jordan
Redlands Palm Investment, LLC
10621 Civic Center Dr.
Rancho Cucamonga, CA 91730
mjordan@diversifiedpacific.com
Phone: (909) 481 1150 x242
Fax. (909) 481 1154
Section 6. Termination. The Parties expressly acknowledge and agree that the domestic
water service provided pursuant to this Agreement is temporary in nature, and interruptible
without fault of City and is not intended to serve as a long term domestic water service to the
Property This Agreement may be terminated:
A. By either Party in its sole discretion, upon twenty (20) days prior written notice;
B. By mutual written agreement of the parties;
C. Upon twenty-four (24) hours prior written notice in the event of a default by
either party in carrying out its respective obligations under this Agreement;
D Upon RPI's sale of the Property or the sale of any residence located upon the
Property or
E Upon City's entry into a permanent water entitlement exchange agreement
substituting the City's receipt of untreated water in place of payment by RPI for
the water that would otherwise be delivered by City to the Property pursuant to
this Agreement.
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Section 7 No Third -Party Beneficiaries It is not intended by any of the provisions
of this Agreement to create foi the public, or any member thereof, a third -Party beneficiary right
or remedy, or to authorize anyone to maintain a suit for personal injuries or property damage
pursuant to the provisions of this Agreement The duties, obligations, and responsibilities of the
RPI with respect to third Parties shall remain as imposed by state Iaw
Section 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 the recovery of its reasonable attorneys' fees, including fees
for use of in-house counsel by a Party This Section 8 shall survive any termination of this
Agreement
Section 9 Indemnity RPI shall defend, indemnify, and hold harmless City, and its
elected and appointed officials, officers, employees, and agents, from and against any and all
claims, causes of action, damages, lawsuits, and liability, including personal injury (including
death) and property damage to any person, resulting from RPI negligent acts or omissions, or
willful misconduct of RPI, and/or its agents, employees, and invitees, arising from RPI
occupation and use of the Premises during the term of this Agreement This Section 9 shall
survive any termination of this Agreement
Section 10. Entire Agreement/Amendment This Agreement constitutes the entire
agreement between the Parties with respect to the subject matter hereof Any prior verbal or
written representations or agreements respecting temporary water service to the Property not
expressly set forth herein are null and void Any and all amendments to this Agreement shall be
in writing and executed by the Parties
Section 11 Notice to Tenants RPI represents and warrants to City that it shall
provide copies of this Agreement to all tenants of RPI who may reside upon the Property or
received water service to the property pursuant to this Agreement
Executed as of the Effective Date of this Agreement, at Redlands, California
CITY OF REDLANDS
Charles M Duggan, Jr , ` i ` :nager
ATTEST
e Donaldson, City Clerk
REDLAN S PAL y!Sil VESTMENT, LLC
a Galifo ..a liability com
By D' Sy aci Ec Dov to
p LLC a Cafrfomia limited liability company
Matthew A. ors , n, Managing Member
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