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HomeMy WebLinkAboutContracts & Agreements_72-2003_CCv0001.pdf SHARESLEASE This Shares Lease ("Loase") is entered into between the San Bernardino Valley Municipal Water District(°Lessmr') and the City ofRedlands (''Lessee"). Lessor and Lessee agree as follows: A. Lessor is the owner of 21,180 shares of the Capital Stock of Bear Valley Mutual Water Company (''Sharem^); and BLessor desires to lease 14,500 of its Shares (hereinafter the "Leased Shares") to Lessee onthe terms and conditions set forth hereinafter, 1 Lessor hereby agrees tolease the Leased Shares toLessee and Lessee agrees to lease same from Lessor for the purpose of providing water to Lessee. Said water shall not beused byLessee for human consumption prior totreatment by Lessee, to California Department of Health Services, Office of Drinking Water Standards. 2 Term. The term ofthis lease shall be12months beginning onMay 6, 2003 and ending onMay 5, 2884 (in noevent more than one year) (''Leaseterm^)' Notwithstanding the foregoing, Lessee understands and agrees that (a) the real property owned by the Lessor("Lessor's Real Property") could be the subject of a condemnation proceeding orother taking, (b) the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) In the event the Leased Shares are the subject matter ofacondemnation award orinthe event the Leased Shares as described are the subject matter of a condemnation proceeding then in that event the entire amount ofany such award shall bathe sole and exclusive prnpertyofLenso,andth* Lenmeenha|| havenoin1oree( therein. (d) intheevent there isataking ofthe Leased Shares bycondemnation, then inthat event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined hereinbelow, and (e) there is no implied intention that this Lease or any rights orinterest hereunder will beextended beyond the Lease Term, 3. Rent. Lessee hereby agrees 10pay Lessor the sum of$58.000upon execution of the Lease for the Leased Shares aoset forth herein. Lessee further agrees \opay Lessor, within 30 days of an invoice, the amount of any stock assessment on said shares which would result in on annual assessment in excess of $3.00per share, if any, and any delivery charges levied by Bear Valley Mutual for delivery of water associated with water deliveries associated with said shares, 4 Lessee hereby agrees that itshall not have the righttoassign, sublet orotherwise transfer orencumber the Leased Shares under this Lease. 5� Voting Rights. Lessor retains voting rights associated with ownership o/the Leased 8. Waiver. Lessee hereby agrees tVhold harmless Lessor fromany loss, cost. expense and claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property urthe Leased Shares prior toexpiration nfthis Leeae (b) this Lease, and (n) �omany environmental contamination ofany vvuterattendant 'tothe Leased Shares, from whatever cause. Lessor assumes noresponsibility for the quality orpurity ofany water attendant tothe Leased Shares, This Lease iuexecuted on sixth day Of . 2003, ^L^~.~' "Lessee:" ' B�/ B�n City RedlandsWater Di t ' _ ,: t t est� r� — -----q-- -�^ ~dirl ^`^ ^^~~s �or�ie Pon��� C k Title, �ze�i�eot TiUe� �a / SHARES LEASE This Shares Lease("Leame") imentered into between the David Knight("Lemsmr")and the City mf Redlands ("Lessee"). Lessor and Lessee agree mefollows: A. Lessor is the owner of 1,012 shares of the Capital Stock of Bear Valley Mutual Water Company (^Shgres''); and B� Lessor desires to lease 1000 of its Shares (hereinafter the"Leased Shares")to Lessee on the terms and conditions set forth hereinafter. 1. Lease. Lessor hereby agrees to lease the Leased Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose ofproviding water toLessee. Said water shall not be used by Lessee for human consumption prior to treatment by Lessee, to California Department ofHealth Services, Office ofDrinking Water Standards. 2� Term. The term of this lease shall be 12 months beginning on May 6, 2003 and ending on May 5. 2OO4. (in noevent more than one year) (''Leasetenn^). Notwithstanding the foregoing, Lessee understands and agrees that(a)the real property owned by the Lessor ("Lessor's Real Property") could be the subject of a condemnation proceeding or other taking, (b) the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) In the event the Leased Shares are the subject matter of a condemnation award or in the event the Leased Shares as described are the subject matter of a condemnation proceeding then in that event the entire amount of any such award shall be the sole and exclusive property of Lessor and the Lessee shall have no interest therein, (d) in the event there is a taking of the Leased Shares by condemnation, then in that event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined hereinbelow, and (e)there is no implied intention that this Lease or any rights orinterest hereunder will beextended beyond the Lease Term. 3. Rent, Lessee hereby agrees topay Lessor the sum of$4.00O.00upon execution ofthe Lease for the Leased Shares nsset forth herein. Lessee further agrees topay Lessor, within 30 days of an invoice, the amount of any stock assessment on said shares which would result in an annual assessment in excess of$3.00 per share, if any, and any delivery charges levied by Bear Valley Mutual for delivery of water associated with water deliveries associated with said shares. 4. Assignability. Lessee hereby agrees that itshall not have the right toassign, sublet or otherwise transfer orencumber the Leased Shares under this Lease. 5� Voting Riahts. Lessor retains voting rights associated with ownership of the Leased Shares. 6. Waiver, Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property or the Leased Shares prior to expiration of this Lease, (b)this Lease, and(c)from any environmental contamination of any water attendant to the Leased Shares, from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease ioexecuted onthe 6th day ofMay, 2003. "Lessor:" "Lessee:" David Knight City ofRedlands / c- y BY: By: Karl N. (Kasey) Haws Mayor ` ' SHARESLEASE This Shares Lease /oentered into between the City of Redlands ("Lessor")and Wayne K8iohah(^Lemsme")' Lessor and Lessee agree amfollows: A. Lessor is the owner of shares of the Capital Stock of Crafton Water Company ("Shares"); and B� Lessor desires to lease 20 of its Shares (hereinafter the"Leased Shares")to Lessee on the terms and conditions set forth hereinafter. 1. Lease. Lessor hereby agrees to lease the Leased Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose ufproviding water hoLessee. Said water shall not be used by Lessee for human consumption prior to treatment by Lessee, to California Department ofHealth Services, Office ofDrinking Water Standards. 2� Term. The term ufthis lease shall begin onMay S. 20D3and end onMay 5. 20O4. (in no event more than one year) (''Leaseterm''). Notwithstanding the foregoing, Lessee understands and agrees that (a) the real property owned by the Lessor("Lessor's Real Property")could be the subject of a condemnation proceeding or other taking, (b) the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) In the event the Leased Shares are the subject matter of a condemnation award or in the event the Leased Shares as described are the subject matter of a condemnation proceeding then in that event the entire amount of any such award shall be the sole and exclusive property of Lessor and the Lessee shall have no interest therein, (d) in the event there is a taking of the Leased Shares by condemnation, then in that event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined herein below, and (e) there is no implied intention that this Lease or any rights or interest hereunder will be extended beyond the Lease Term. 3. Rent, Lessee hereby agrees topay Lessor the sum uf$1.320.00upon execution ofthe Lease for the Leased Shares nsset forth herein. Lessee further agrees bopay Lessor the amount of any stock assessment on said shares, which would result in an annual assessment in excess of$65.00 per share, if any, and any delivery or entitlement charge levied by Crafton Water Company for delivery of water associated with said shares. 4. Assignability. Lessee hereby agrees that itshall not have the right toassign, sublet or otherwise transfer orencumber the Leased Shares under this Lease. 5. Voting Rights. Lessor retains voting rights associated with ownership of the Leased Shares. 8. Waiver. Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property or the Leased Shares prior to expiration of this Lease, (b)this Lease, and (c)from any environmental contamination of any water attendant to the Leased Shares, from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease ksexecuted onthe 6th day ofMay 2OU3. "Lessor:" "Lessee:" City ofRedlands VVoyneK8ishak BY: � BY: Karl M. (Kasay)Havvs/ xy Mayor SHARESLEASE This Shares Lease ("Lease") is entered into between the City of Redlands ("Lessoe)and R. Craig Wesson ("Lessee"). Lessor and Lessee agree amfollows: A. Lessor is the owner of shares of the Capital Stock of Crafton Water Company("Shares"); and B� Lessor desires to lease 09 of its Shares (hereinafter the"Leased Shares")to Lessee on the terms and conditions set forth hereinafter. 1. Lease. Lessor hereby agrees to lease the Leased Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose ofproviding water toLessee, Said water shall not be used by Lessee for human consumption prior to treatment by Lessee, to California Department ufHealth Services, Office ofDrinking Water Standards. 2. Term. The term ofthis lease shall begin onMay G. 2O03and end onMay 5. 2OO4. (in no event more than one year) (''Leaseterm''). Notwithstanding the foregoing, Lessee understands and agrees that(a)the real property owned by the Lessor("Lessor's Real Property")could be the subject of a condemnation proceeding or other taking, (b) the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) In the event the Leased Shares are the subject matter of a condemnation award or in the event the Leased Shares as described are the subject matter of a condemnation proceeding then in that event the entire amount of any such award shall be the sole and exclusive property of Lessor and the Lessee shall have no interest therein, (d) in the event there is a taking of the Leased Shares by condemnation, then in that event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined herein below, and (e) there is no implied intention that this Lease or any rights or interest hereunder will be extended beyond the Lease Term. 3. Rent. Lessee hereby agrees topay Lessor the sum of$3.QSO.00upon execution ofthe Lease for the Leased Shares naset forth herein. Lessee further agrees hupay Lessor the amount of any stock assessment on said shares, which would result in an annual assessment in excess of$65.00 per share, if any, and any delivery or entitlement charge levied by Crafton Water Company for delivery of water associated with said shares. 4. Assignability. Lessee hereby agrees that itshall not have the right toassign, sublet or otherwise transfer urencumber the Leased Shares under this Lease. 5. Voting Rights. Lessor retains voting rights associated with ownership of the Leased Shares. 8. Waiver= Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property or the Leased Shares prior to expiration of this Lease, (b) this Lease, and (c)from any environmental contamination of any water attendant to the Leased Shares, from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease iaexecuted onthe 6th day ofMay 2OO8. "Lessor:" ''Lessee" City of Redlands R. Craig Wesson BY: � ' �-- BY: KedN. (Kmsey) Haws / Mayor � ' SHARES LEASE This Shares Lease("Lease") is entered into between Western Water Company("Lessor")and the City of Redlands("Lessee"). Lessor and Lessee agree as follows: A. Lessor is the owner of 4,950 shares of the Capital Stock of Bear Valley Mutual Water Company("Shares"); and B. Lessor desires to lease 4,950 of its Shares (hereinafter the "Leased Shares")to Lessee on the terms and conditions set forth hereinafter. 1. Lease. Lessor hereby agrees to lease the Leased Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose of providing water to Lessee. Said water shall not be used by Lessee for human consumption prior to treatment by Lessee,to California Department of Health Services, Office of Drinking Water Standards. 2. Term. The term of this lease shall be 12 months beginning on May 6, 2003 and ending on May 5, 2004, (in no event more than one year) ("Lease term"). Notwithstanding the foregoing, Lessee understands and agrees that(a)the real property owned by the Lessor ("Lessor's Real Property')could be the subject of a condemnation proceeding or other taking, (b) the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) in the event the Leased Shares are the subject matter of a condemnation award or in the event the Leased Shares as described are the subject matter of a condemnation proceeding,then in that event the entire amount of any such award shall be the sole and exclusive property of Lessor and the Lessee shall have no interest therein, (d) in the event there is a taking of the Leased Shares by condemnation, then in that event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined herein below, and(e)there is no implied intention that this Lease or any rights or interest hereunder will be extended beyond the Lease Term. 3. Rent. Lessee hereby agrees to pay Lessor the sum of$19,800.00 upon execution of the Lease for the Leased Shares as set forth herein. Lessee further agrees to pay Lessor, within 30 days of an invoice, the amount of any stock assessment on said shares which would result in an annual assessment in excess of$3.00 per share, if any, and any delivery charges levied by Bear Valley Mutual for delivery of water associated with water deliveries associated with said shares. 4. Assignability. Lessee hereby agrees that it shall not have the right to assign, sublet or otherwise transfer or encumber the Leased Shares under this Lease. 5. Voting Rights. Lessor retains voting rights associated with ownership of the Leased Shares. 6. Waiver. Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property or the Leased Shares prior to expiration of this Lease, (b) this Lease, and (c)from any environmental contamination of any water attendant to the Leased Shares,from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease is executed on the 6th day of May 2003. "Lessor:" "Lessee:" Western Water Company City of Redlands Karl N. (Kaley) Haws Tits Mayor Attest: Cit Clerk SHARES LEASE This Shares Lease (=Lwamm°) hnentered into between the City ofRedlands (=Lemmmr")and Peter Buoye(°Lesmew")' Lessor and Lessee agree mmfollows: A� Lessor is the owner of shares of the Capital Stock of Crafton Water Company ("Shares"); and B� Lessor desires to lease 16 of its Shares (hereinafter the"Leased Shares")to Lessee on the terms and conditions set forth hereinafter. 1� Lease. Lessor hereby agrees to lease the Leased Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose ofproviding water toLessee. Said water shall not be used by Lessee for human consumption prior to treatment by Lessee, to California Department ofHealth Services, 0ffine ofDrinking Water Standards. 2. Term. The term ofthis lease shall begin onMay O. 2003and end onMay 5. 2UO4. (in no event more than one year) (''Lenseterrn^). Notwithstanding the foregoing, Lessee understands and agrees that(a) the real property owned by the Lessor("Lessor's Real Property")could be the subject of a condemnation proceeding or other taking, (b)the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) In the event the Leased Shares are the subject matter of a condemnation award or in the event the Leased Shares as described are the subject matter of a condemnation proceeding then in that event the entire amount of any such award shall be the sole and exclusive property of Lessor and the Lessee shall have no interest therein, (d) in the event there is a taking of the Leased Shares by condemnation, then in that event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined herein below, and (e) there is no implied intention that this Lease or any rights or interest hereunder will be extended beyond the Lease Term. 3. Rent. Lessee hereby agrees to pay Lessor the sum of$1,056.00 upon execution of the Lease for the Leased Shares nsset forth herein. Lessee further agrees hopay Lessor the amount of any stock assessment on said shares, which would result in an annual assessment in excess of$65.00 per share, if any, and any delivery or entitlement charge levied by Crafton Water Company for delivery of water associated with said shares. 4. Lessee hereby agrees that itshall not have the right toassign, sublet or otherwise transfer orencumber the Leased Shares under this Lease. 5. Voting Rights. Lessor retains voting rights associated with ownership of the Leased Shares. 6. Waiver. Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of(a) condemnation of the Lessors Real Property or the Leased Shares prior to expiration of this Lease, (b) this Lease, and(c)from any environmental contamination of any water attendant to the Leased Shares, from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease ioexecuted onthe 6th day ofMay 2O03. "Lessor:" "Lessee:" City ofRedlands Peter Buoye BY: ' ° BY: Karl N. (Koeey)Haws - ��// / Mayo SHARES LEASE This Shares Lease ("Lease") is entered into between the City of Redlands, a Municipal Corporation ("Lessor") and Bear Valley Mutual Water Company ("Lessee"). Lessor and Lessee agree as follows: A. Lessor is the owner of 98 shares of the Capital Stock of the Crafton Heights Pipeline Company ("Shares"); and B. Lessor desires to lease its 98 Shares represented by stock certificate numbers 256, 425 and 428 (hereinafter the "Leased Shares") to Lessee on the terms and conditions set forth hereinafter. 1. Lease. Lessor hereby agrees to lease the Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose of providing pipeline capacity to Lessee. Any water transported by said pipeline capacity is not intended to be used for human consumption and shall not be used by Lessee for human consumption prior to treatment by Lessee, to California Department of Health Services, Office of Drinking Water Standards. 2. Term. The term of this lease shall be 12 months beginning on May 6, 2003 and ending on May 5, 2004, [in no event more than one year] ("Lease Term") Notwithstanding the foregoing, Lessee understands and agrees that, there is no implied intention that this Lease or any rights or interest hereunder will be extended beyond the Lease Term. 3. Rent. Lessee hereby agrees to pay Lessor the sum of$1,470.00 ("Rent") in full upon execution of the Lease for the Leased Shares as set forth herein. Any and all capacity surcharges or extra water charges associated with use by the Lessee of the Leased Shares are the sole responsibility of the Lessee for the lease term. 4. Assignability. Lessor hereby agrees that Lessee shall have the right to assign or sublet (rent pool) but not otherwise transfer or encumber the Leased Shares under this Lease. 5. Waiver. Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of the use of the Lessor's Leased Shares prior to expiration of this Lease, and from any environmental contamination of any water attendant to the Leased Shares, from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease is executed on 6th day of Ma 2003 "Lessor": "Lessee": By: Karl N. Haws, Mayor Attest: Lo Title: -- --------- _��e Poyzer;,��Clerk SHARES LEASE This Shares Lease("Lease") is entered into between the Arnold and Margaret Wright("Lessor") and the City mf Redlands ("Lessee"). Lessor and Lessee agree asfollows: A� Lessor is the owner of 918 shares of the Capital Stock of Bear Valley Mutual Water Company ("Shares"); and B. Lessor desires to lease 918 of its Shares (hereinafter the "Leased Shares")to Lessee on the terms and conditions set forth hereinafter. 1. Lease. Lessor hereby agrees to lease the Leased Shares to Lessee and Lessee agrees to lease same from Lessor for the purpose ofproviding water hnLessee. Said water shall not be used by Lessee for human consumption prior to treatment by Lessee, to California Department ofHealth Gervices, Office ofDrinking Water Standards. 2. Term. The term of this lease shall be 12 months beginning on May 6,2003 and ending on May 5. 2OO4. (in noevent more than one year) (~Lenseterm''). Notwithstanding the foregoing, Lessee understands and agrees that(a)the real property owned by the Lessor ("Lessors Real Property") could be the subject of a condemnation proceeding or other taking, (b)the Leased Shares are not currently subject to a condemnation proceeding or other taking, (c) In the event the Leased Shares are the subject matter of a condemnation award or in the event the Leased Shares as described are the subject matter of a condemnation proceeding then in that event the entire amount of any such award shall be the sole and exclusive property of Lessor and the Lessee shall have no interest therein, (d) in the event there is a taking of the Leased Shares by condemnation, then in that event this Lease shall terminate and the Lessee shall be entitled to a pro rata refund of the Rent as defined hereinbelow, and (e) there is no implied intention that this Lease or any rights or interest hereunder will beextended beyond the Lease Term. 3. Rend. Lessee hereby agrees to pay Lessor the sum of$3,672 execution of the Lease for the Leased Shares noset forth herein. Lessee further agrees topay Lessor,within 3Odays ofnn invoice, the amount of any stock assessment on said shares which would result in an annual assessment in excess of$3.00 per share, if any, and any delivery charges levied by Bear Valley Mutual for delivery of water associated with water deliveries associated with said shares. 4� Assignability. Lessee hereby agrees that itshall not have the right toassign, sublet or otherwise transfer orencumber the Leased Shares under this Lease. 5� Voting Rights. Lessor retains voting rights associated with ownership of the Leased Shares. 8. Waiver, Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property or the Leased Shares prior to expiration of this Lease, (b)this Lease, and (c)from any environmental contamination of any water attendant to the Leased Shares, from whatever cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the Leased Shares. This Lease isexecuted onthe 6th day ofMay 2003. "Lessor:" "Lessee:" Arnold and Margaret Wright City ofRedlands BY BY: � Karl N. (Kasey) Haws BY: Mayor Attest: