HomeMy WebLinkAboutContracts & Agreements_47-2002_CCv0001.pdf SHARES LEASE
This Shares Lease("Leasm ) isentered into between Western Water Company and the
City of Redlands("Lessee"). Lessor and Lessee agree msfollows:
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 ofproviding water toLessee. Said water shall not
be used by Lessee for human consumption prior to treatment by Lessee, to California
Department mfHealth Services. Office ofDrinking Water Standards.
2. Temm. �hebermofth�s |�amoeh�Ube12monthobeg(nninAonK8ay1. 2UO2mndendingon
than )(^L term").8pri| 30. 2003. (�nnuoventmone anoney�ar aeso rm . Nnhwithstandingthe
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 beentitled toapro rata refund ofthe Rent amdmfinedherein
below, and (e)there is no implied intention that this Lease or any rights or interest hereunder
will bmextended beyond the Lease Term.
3. Rent Lessee hereby agrees to pay Lessor the sum of$11,137.50 upon execution of the
Lease for the Leased Shares osset 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$1.25 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. Assianability. Lessee hereby agrees that itshall not have the right toassign, sublet or
otherwise transfer urencumber the Leased Shares under this Lease.
5. Votina 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
oouma. Lessor assumes no responsibility for the quality or purity of any water attendant to the
Leased Shares.
This Lease isexecuted onthe 16thday ufApril 2OO2.
"Lessor:" "Lessee:"
Western Water Company City ofRedlands
BY: * v
Karl N. (Kasey) Haws
0e*A Mayor
Attest:
SHARES LEASE
This Shares Lease is entered into between the San Bernardino Valley Municipal
Water District r ) and the City ofRedlands ("Lessee^). Lessor and Lessee agree
as follows:
A. Lessor is the owner of21.180shares of the Capital Stock ofBear Valley Mutual
Water Company(^Sharms^); and
B. Lessor desires to lease 14,500 of its Shares (hereinafter the "Leased Shares")to
Lessee nnthe terms and conditions set forth hereinafter.
1. Lease. Lessor hereby agrees tolease the Leased Shares tnLessee 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 ofHealth Services, Office ofDrinking Water
Standards.
2. Term. The term ofthis lease shall be12months beginning onMay 1. 2O02and
ending onApril 3O` 20O3. (in noevent more than one year) (^Luasetann^).
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 nrother 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 ofany such award shall bethe 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$32.G25DOupon execution nf
the Lease for the Leased Shares esset forth herein. Lessee further agrees b`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$1.00 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
orotherwise transfer nrencumber the Leased Shares under this Lease.
5. Voting Riahts. Lessor retains voting rights associated with ownership ofthe Leased
Shares.
G. Waiver. Lessee hereby agrees tohold 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 nmresponsibility for the
quality nrpurity ofany water attendant tothe Leased Shares.
This Lease isexecuted on 16th day of April . 2002.
" "Lessee:" /
San Be n ino le Muni I City ofRedlands Attest:
BY:
Karl N. Haws ��
Title: �� Title: Karl
Clerk �� ��
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 begin on May 1, 2002 and end on April 30, 2003, [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 April 16,2002
"Lessor": "Lessee":
Bv: Bv:
Karl N. (Kaley)flaws
Mayor Title-
Attest:
Ci Clerk
SHARES LEASE
This Shares Lease("Lmamm") imentered into between the City ofRedlands (°Lessor")and Wayne
A8kshak(^'Lessme")' Lessor and Lessee agree as follows:
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 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 begin on May 1, 2002 and end on April 30, 2003, (in no
event more than one year) (''Loaoetornn''). 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 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- Ryent, Lessee hereby agrees to pay Lessor the sum of$1,120.00 upon execution of the
Lease for the Leased Shares asset 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$55.00 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 hoassign, sublet or
otherwise transfer orencumber the Leased Shares under this Lease.
5. Lessor retains voting rights associated with ownership of the Leased Shares.
G. 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 18thday ofApril 2OO2
^Lessor�" "Lessee:"
City cfRedlands VVayneW1ishak
BY: BY
Karl N. (Kasey) Haws
Mayor —
� / -a lic�
SHARES LEASE
This Shares Lease ("Lmase") imentered into between the Arnold and Margaret Wright("Lessor")
and the City wfRedlands (°Lessee"). Lessor and Lessee agree as fmUhovvy:
A. Lessor iothe owner ofS18 shares ofthe Capital Stock ofBear 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 toLessee. Said water shall not
be used by Lessee for human consumption prior to treatment by Lessee, to California
Department nfHealth Services, Office ofDrinking Water Standards.
2� Term. The term of this lease shall be 12 months beginning on May 1, 2002 and ending on
April 30. 20O3. (in noevent more than one year) (''Lemoeterm''). 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 or interest
hereunder will beextended beyond the Lease Term.
3. Rent, Lessee hereby agrees to pay Lessor the sum of$2,065.50 upon execution of the
Lease for the Leased Shares asset forth herein. Lessee further agrees hopay 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$1.25 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 tuassign, 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.
G. Waiver. Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and
claims arisina directiv or indirectly out of(a)condemnation of the Lessor's Real Property or
the Leased 9hares 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 1Sthday ofApril 2OU2.
^Leeeoc^ "Lessee:"
Arnold and Margaret Wright City ofRedlands
BY: W
Karl N. (Kaaey) Haws
BY: Mayor /
SHARESLEASE
This Shares Lease is entered into between the David Knight("^Lesswr")and the City of
Redlands ("Lessee"). Lessor and Lessee agree as follows:
A. Lessor is the owner of 1,012 shares of the Capital Stock of Bear Valley Mutual Water
Company (^Gharee^); 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 tolease the Leased Shares toLessee and Lessee agrees to
lease same from Lessor for the purpose ofproviding water tnLessee. 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 1, 2002 and ending on
April 3O. 2O03. (in noevent more than one year) (''Leaoeterm^). 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 or interest
hereunder will boextended beyond the Lease Term.
3. Rent, Lessee hereby agrees to pay Lessor the sum of$2,250.00 upon execution of the
Lease for the Leased Shares oeset 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$1.25 per share, if any, and any delivery charges
levied by Bear Valley Mutual for delivery of water associated with water deliveries associated
with said shares.
4. Assignability. Lessee hereby agrees that itshall not have the right toassign, sublet or
otherwise transfer orencumber the Leased Shares under this Lease.
5. Votin 1 Rights. Lessor retains voting rights associated with ownership of the Leased Shares.
S. Waiver. Lessee hereby agrees tnhold harmless Lessor from any loss, cost, expense and
claims arising directly or indirectly out of(a) condemnation of the Lessor's Real Property or
the Leased Shares prior to expiration of this Lease, (b) this Lease, and (c)from any
environmental contamination of any water attendant to the Leased Shares, from whatever
cause. Lessor assumes no responsibility for the quality or purity of any water attendant to the
Leased Shares.
This Lease isexecuted onthe 1Gthday ofApril 20O2
^Lesmor:" "Lessee:"
David Knight City ofRedlands
�
BY, BY: � ^
c�~
Karl N, (Kasey) Haws
Mayor /
SHARES LEASE
This Shares Lease(" is entered into between the City of Redlands (" and R. Craig
Wesson ("Lessee"). Lessor and Lessee agree msfmlb»vxm:
A. Lessor is the owner of shares of the Capital Stock of Crafton Water Company("Shares"); and
B. Lessor desires tolease G8ofits Shares (hereinafter the"Leased Shanes")boLessee onthe
terms and conditions set forth hereinafter.
1. Lease. Lessor hereby agrees bzlease the Leased Shares toLessee and Lessee agrees tu
lease same from Lessor for the purpose nfproviding water tVLessee. Said water shall not
be used by Lessee for human consumption prior to treatment by Lessee, to California
Department ofHealth Services, Office ofDrinking Water Standards.
2. Term. The term of this lease shall begin on May 1, 2002 and end on April 30, 2003, (in no
event more than one year) (^LeaoetGrnn"). Notwithstanding the foregoing, Lessee
understands and agrees that(a)the real property owned bvthe Lessor("Loo$or'mReal
pnopedy^)could bethe subject Vfacondemnation proceeding orother taking, (b) the Leased
Shares are not currently subject to�condenngt|on pnooeeding �,other taking, (c) |nthe
event the Leased Shares are the subject matter of a condemnation award or in the event the
Leased Shares amdescribed are the subject matter ofgcondemnation 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 t0apro rata refund nfthe Rent aedefined 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.
1 Rent, Lessee hereby agrees to pay Lessor the sum of$3,360.00 upon execution of the
Lease for the Leased Shares asset forth herein. Lessee further agrees bopay Lessor the
amount of any stock assessment on said shares, which would result in an annual
assessment inexcess of$55.00per share, ifany, 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.
G. Waiver. Lessee hereby agrees to hold harmless Lessor from any loss, cost, expense and
claims arising directly nrindirectly out of(a) condemnation ofthe 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 bzthe 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 16thday ofApril 2OQ2.
"Lessor:" "Lessee:"
City ofRedlands R. Craig VVeaaVn
BY: « " BY: F^�
Karl N. (Kasey)Haws
Mayor
Attest:
`