HomeMy WebLinkAboutContracts & Agreements_26-1989_CCv0001.pdf Recording requested by.
RDED IN
the UTILITIES DIRECTOR � RECO
When Recorded, Dail to•
the CITY CLERK{ OFFICE &> 89 JUN -1
City of Redlands
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P . 0. Box 30a w
Redlands CA 92373
AGREEMENT FOR REIMBURSEMENT
OF UTILITY CHARGES
This Agreement is made and entered into this
2nd day of _.__.L _.__, 1989 by and between the City of
Redlands, a municipal corporation (hereinafter referred to as
"City*) and Beane Properties, (hereinafter referred to as
"Deane") .
RECITALS
WHEREAS, on February 17, 1988, in connection with
the development of its Brookside Plaza Shopping Center, Deane
paid to City $5 ,690 for the City' s water source acquisition
charge and $41,880 for City' s water capital improvement
charge; and
EREAS, Deane has now decided to utilize a well at
the northeast corner of the property comprising the shopping
center to provide irrigation water for landscaping located on
the property; and
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WHEREAS, Deane' s irrigation system is connected to
an on-site domestic water system which is valved to allow use
of city water to supplement the water supply from the well in
the event the well becomes inoperable; and
WHEREAS, City has determined that the proportional
share of the water source acquisition charge and water capital
improvement charge paid by Deane for the purpose of irrigating
landscaping is $5 ,112 and $37 ,625 , respectively; and
WHEREAS, the estimated water flow for irrigation
purposes upon which City' s utility charges are based is 48,900
cubic feet per month; and
WHEREAS, City has determined that as a result of
Deane connecting the on-site domestic water system to allow
use of City water to supplement the water supply from the
well, that Deane' s proportional share of charges for water
used in connection with the irrigation of its landscaping is
based on 44,010 cubic feet per month,- and
WHEREAS, Deane has certified that its irrigation
well is operating and that the irrigation system's connection
to the on-sight domestic system has been metered by the
installation of a city-approved meter by Deane to ensure the
proper calculation of city water that passes through the
domestic system into the irrigation system;
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NOW, THEREFOREr in consideration of the mutual
covenants contained herein, the City of Redlands and Deane
Properties agree as follows:
AGREEMENT
1. Rgimbursement of-Shgrgeg- City shall reimburse
to Deane the sum of $38,464 as its proportioned share of
charges for water used in connection with the irrigation of
its landscaping at the Brookside Plaza Shopping Center.
2. Increas-e-In-Estimated Flow and Svstem Repair.
In the event Deane' s annual use of water as determined by City
readings of the meter connecting the irrigation system exceeds
twenty (20) percent of the estimated flow of 48,900 cubic feet
per month in any calendar year, Deane shall pay to City both
the then existing water capital improvement charge and the
water source acquisition charge for the actual flow in excess
of 4890 cubic feet per month; provided, however, any water
supply by City to Dean during a period in which Deane' s
irrigation system well is totally inoperable shall not be
included in the calculation in the annual use of water used to
determine excess usage. If, however, the irrigation system,
well is totally inoperable for more than ninety (90) calendar
days during any period of twelve (12) consecutive months,
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annual use of water shall be deemed to exceed the limitation
set forth above in the calendar year in which the ninety-first
day falls . Deane shall notify the Utilities Director of the
City within seven (7) calendar days after the beginning of any
period in which the irrigation system- well is totally
inoperable, with a written request and report as to the cause
and extent of the inoperability of the irrigation system well
and the schedule of repairs to render the well operable . The
parties acknowledge that ninety (90) calendar days is a
reasonable period of time during which the irrigation system
well can be repaired: however, the parties further acknowledge
that circumstances beyond the control of Deane may cause a
delay that may prevent repair of the irrigation system well
within said ninety (90) calendar days and that strict
application of this limitation may create an injustice to
Deane. In the event such a delay occurs, Deane shall notify
the City and request the City consider an extension of the 90
day limitation . The City may, in its sole discretion, grant
Deane an extension or require Deane to pay the water capital
improvement charge and water source acquisition charge
provided for herein . Deane shall file that notice with the
Utilities Director of the City within seven (7) calendar days
after the beginning of any delay and describe both the cause
and extent of the delay in detail. Failure by Deane to file
the notice within the time specified, will be considered
grounds for refusal by City to consider an extension.
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3 . Other Chargeq. Deane shall pay City its
customer service charge and commodity charges, or their
equivalent, on a bi-monthly basis when billed by City in
accordance with standard City billing policy.
4. Notification. In the event leave's on-site
well becomes inoperable Deane shall immediately notify City of
the same.
5 . BjpL!ft_in_q Effect. This Agreement shall run with
the property described herein and the rights and obligations
created herein shall be binding upon heirs, successors and
assigns to the parties. City shall have the right to record
this Agreement in the official records of the County of San
Bernardino.
6 . Attorney's-Fees . 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 or other relief, be entitled to its reasonable
attorney fee.
CITY OF REDLANDS
Mayor, ETity__o__f_R_ed_1an_ds---
ATTEST.-
------
lark ,
City j6f Redl7'na-s/
t
DE P PEIES
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T it le ' IZI
State of California }
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County of San Bernardino)
On this 3rd day of _ �_24ay----------------
19
--___- ---- ---l 89, before me, ® Nancy C� L-e-onhardt . ..... ..... the undersigned
Notary Public, personally appeared _- Larry-E, Deane
personally known to me/proved to me can the basis of satisfac-
tory evidence to be the person (s) who executed the within
instrument a Partner or on behalf of the
corporation therein razed, and acknowledged to rye that the
corporation executed it.
WITNESS'I ES my hand and official. seal..
OFFMIC
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tIAHEY(AEOR RIDT
W NOTARY
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