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HomeMy WebLinkAboutContracts & Agreements_66-2004_CCv0001.pdf AGREEMENT TO PROVIDE DOMESTIC AND IRRIGATION WATER This Agreement is made and entered into this 4th day of May, 2004 by and between the West Redlands Water Company, a mutual water company organized and existing under the laws of the State of California("Company"), and the City of Redlands, a municipal corporation ("City"), which together are sometimes referred to herein as the "Parties." RECITALS Whereas, Company desires to relieve itself of the burden of maintaining pipelines in geographical areas where water usage by Company shareholders is not sufficient to warrant significant expenditures for the capital maintenance of such pipelines; and Whereas, City, being a substantial shareholder in Company, deems it in the public interest to assist Company in the discontinuation of as many unnecessary and little used pipelines as possible; and Whereas, many of Company's points of water delivery may be served from City's domestic water system; and 'Whereas, the physical means exist for City to receive water from Company in exchange for water delivered by City to Company shareholders, Now, therefore, in consideration of the mutual promises contained herein, and for such other good and valuable consideration, the receipt of which is hereby acknowledged, the West Redlands Water Company and the City of Redlands agree as follows: West Redlands Irrigation Ag.;reement.doc Page 1 of 5 AGREEMENT 1. On the terms and conditions stated herein, City commits to provide water service for both domestic and irrigation purposes to all parcels of real property which meet each and all of the following requirements; (1) the property is owned by a shareholder of record of the Company; (2)the property owner held the shares of the company on or before July 1, 1996 or the owner of the property owns a minimum of five shares of Company stock; and (3) the property is located within the limits of the City of Redlands or is located outside the limits of the City of Redlands but within the City's and Company's water service delivery area. Each parcel of real property which satisfies each and all of the above three conditions is referred to herein as a "Subject Property" Company and City shall determine the size, number, and location of the connections required to serve each Subject Property from City's system. Upon approval of Company and City of a new or modified water connection, Company shall provide a written request to the City. City shall use its best effort to make such connections within one-hundred-twenty days after City's receipt from Company of a written request for each connection to a Subject Property. The connections shall be made to City's domestic system and Shareholder shall pay City's costs for the installation of each such connection on an actual cost time and materials basis. City is obligated under the terms of this Agreement to provide irrigation service to each Subject Property only for so long as the respective Subject Property is devoted: (1)to agricultural usage; (2) to green belt usage; (3) to a mixed agricultural and greenbelt usage; or (4) to a mixed usage which involves the shareholder's personal residential usage of the Subject Property together with agricultural and/or greenbelt usage. Usage to be determined by the Company. If and when a 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 that Subject Property under this Agreement shall cease. If only a portion of a Subject Property is subdivided for residential purposes or is otherwise developed for a non- West Redlands Irrigation Agreement.doc Page 2 of 5 agricultural or non-greenbelt usage, the City shall still be obligated to provide water service under this Agreement to the portions of that Subject Property which are not so developed. Usage to be determined by the Company. 2. Company's individual shareholders shall, at each individual shareholder's own expense, make any required on-site connections to the irrigation systems of company shareholders from the domestic water system of City: 3. Company shareholders shall receive their stock entitlement of water through a City domestic meter, and all water beyond the entitlement shall be charged by City at the domestic rates established by City. Once the provisions of Paragraph 1 have been met, City will honor stock entitlements of other mutual companies, in addition to the West Redlands Water Company entitlements, used on properties connected under this Agreement provided the shareholder agrees to assign the delivery rights thereof to the City. 4. Company shall deliver, or have delivered, to City that water entitlement due to any shareholder that is connected to City's system pursuant to the terms of this Agreement. All water delivered by Company shall be in potable condition, or delivered to the 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 to the Company by the individual shareholders of the Company. 5. During periods of high water demand, City shall have the right to determine the rate of delivery to Company's shareholders in order to maintain equitable and adequate service to all of City's water customers, but the City's obligation to deliver to each shareholder of Company the shareholder's full entitlement of water shall not be abrogated or diminished in any way. 6. Shareholder shall pay City ten cents ($0.10) per miner's inch day (MID) of water delivered pursuant to this Agreement and a bookkeeping charge of five dollars ($5.00) per year per shareholder delivery point connected to the City's system. City shall bill Company's West Redlands Irrigation Agreement.doc Page 3 of 5 shareholders directly on a monthly basis for each shareholder's individual service charges to Bear Valley Mutual Water Company ("BVM charges"). The BVM charges will be billed by the Company at Bear Valley Mutual Water Company's established rate on a per inch basis for each shareholder's actual usage. 7. Company and City acknowledge and agree that the terms of their existing agreement dated June 3, 1975, for City water deliveries from Ford Park to Company shall continue in effect. Except for Company's and City's agreement relating to the "Ford Park. Delivery," this Agreement contains the entire agreement of the Parties hereto as to the matters contained herein, and supersedes any and all prior oral or written agreements between the Parties relating to the same. 8. In the event any legal 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 recover its reasonable attorneys' fees. 9. This Agreement may be amended only by written instrument executed by the Parties hereto. 10. This Agreement shall be binding upon and inure to the benefit of the successors-in- interest and assigns of the parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates set forth opposite their respective signatures hereto. West Redlands Irrigation Agreement.doc Page 4 of 5 WEST REDLANDSWATER Cr PANY By: Executed this 3rdday of May, 2004 at Wi liam E. d= in ham Redlands, California And: Me owel , ecretary CITY OF RFDLANDS By: Executed this 4 th day of May, 2004 at S san Peppler, NYaAr Redlands, California ATTEST: �I or:ie Poyz , it Clerk West Redlands Irrigation Agreement.doc Page 5 of 5 Resolution No. 6274 - CFD 2004-1 - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously adopted. Resolution No. 6274, a resolution of intention of the City Council of the City of Redlands with respect to formation of proposed Community Facilities District No. 2004-1 of the City of Redlands (Centex Homes). A public hearing on this matter is set for June 15, 2004, at 7:00 P.M. Release of Lien A eement - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously authorized the release of a lien agreement dated July 19, 1979, for improvements along the northwest corner of Church Street and Pioneer Avenue and authorized the Mayor and City Clerk to execute the document on behalf of the City. g - s Water Company - On .notion of _ reernent est Redland, Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an agreement with West Redlands Water Company to provide domestic and irrigation water and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Contingent Costs for North Orange Wellfield„Water Transmission Main Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved contingent costs up to 16% over the total bid amount by Trautwein Construction, Inc., based on actual project quantities for the Water Transmission Main Phase of the North Orange Wellfield project. Agreement - Redlands Recycled Water Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved a service agreement with Zenon Environmental to support the Redlands Recycled Water Project and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Agreement -Paramedic Training Site - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved an agreement with the State Center Community College District identifying the Redlands Fire Department as a paramedic training site and authorized the Mayor and City Clerk to execute the agreement on behalf of the City. Juvenile Accountability Incentive Block Grant - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously waived the City of Redlands' right to its entire Juvenile Accountability Incentive BIock Grant (JAIBG) award and contribute its JAIBG funding to a Regional Juvenile Crime Enforcement Coalition (RJCEC) and authorized the Mayor to execute the waiver authorizing the State of California, Board of Corrections, to transfer the City of Redlands' 2004 JAIBG award to the County of San Bernardino. May 4,2004 Page 5