HomeMy WebLinkAboutContracts & Agreements_106-1997_CCv0001.pdf Agreement to Provide Irrigation Water
This Agreement is made and entered into this 25th day of November_, 1997 by and between
the Bear Valley Extension Water and Pipeline Company, a mutual pipeline 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 certain 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,water is capable of being delivered to Company's main water transmission pipeline
from irrigation water facilities owned by City; and
Whereas, the physical means exist for City to receive water derived from Company's
shareholders' stock entitlement in exchange for irrigation water delivered by City to Company;
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 Bear Valley
Extension Water and Pipeline Company and the City of Redlands agree as follows:
Agreement
I A. On the terms and conditions stated herein, City will provide water for irrigation
purposes through Company's pipeline to all parcels of real property which, at the time service is
requested, meet each and all of the following requirements: (1) the property is owned by a
shareholder of record of the Company; (2)the property received water service from Company on or
before December 1, 1997, and the owner of the property owns twenty five (25) shares or more of
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Bear Valley Mutual Water Company stock; and (-3)) the property is located within the limits of the
Bear Valley Extension Water and Pipeline Company service area. Each parcel of real property
which satisfies all of the above three conditions is referred to herein as a "Subject Property."
B. City will provide irrigation water up to a maximum of 140 miners inches per day into
Company's pipeline at a point or points along Beaumont road, west of San Timoteo Canyon Road,
for further delivery by Company to Subject Properties only as long as each Subject Property is
devoted: (1)to agricultural usage;(2)to green belt purposes; or(3)to a mixed agricultural and green
belt usage. In the event a Subject Property is subdivided for residential purposes or is otherwise
developed for a usage not related to agricultural or green belt purposes, City's obligation to provide
irrigation water 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-
agricultural or green belt use, the City shall still be obligated to provide irrigation water service
under this Agreement only to the portions of the Subject Property which are not so developed. At
such time as City's obligation to provide irrigation water to a Subject Property ceases, Company's
obligation to deliver,or have delivered to City, the water entitlement of Bear Valley Mutual Water
Company stock listed in Exhibit "A" (attached hereto and incorporated herein by reference) which
is applicable to the Subject Property shall also cease.
2Company shall deliver, or have delivered, to City all water entitlement due to any
Company shareholder who receives water from City's irrigation water system pursuant to the terms
of this Agreement and in the amounts as determined by the Bear Valley Mutual Water Company's
water delivery rate per share of stock, for the number of shares assigned for exchange by each Bear
Valley Extension Water and Pipeline Company shareholder as specified in Exhibit "A." The
provisions of Exhibit "A" may be amended in accordance with the Bear Valley Mutual Water
Company stock delivery rates by mutual agreement of the parties. All water delivered by Company
shall be delivered to City's Hinckley Water Treatment Plant in a condition capable of being made
potable by conventional water treatment methods. All Bear Valley Mutual Water Company
assessments and ser-vice charges for the stock entitlement to such water shall be paid by Company's
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shareholders to the Bear Valley Mutual Water Company. In the event that Bear Valley Mutual
Water Company reduces the water delivery rate per share, or a Company stockholder requires
additional water,the Company stockholder shall have the option of buying or renting additional Bear
Valley Mutual Water Company stock, and committing that delivery to City and receiving an equal
amount of water under the terms of this Agreement. Shares from other mutual water companies may
be substituted for Bear Valley Mutual Water stock if the Parties agree, and the water derived from
said shares can be delivered to the Hinckley Water Treatment Plant.
3. Company shall read its shareholders' water meters on a monthly basis and provide
usage information to City. Company's shareholders shall pay to City the sum often cents ($.10)
per miner's inch day of water delivered pursuant to this Agreement and a bookkeeping charge of five
dollars($5.00)per year per each shareholder receiving irrigation water. Any water provided by City
into Company's pipeline in excess of the total monthly metered exchanged entitlement water shall
be billed to the Company at City's cost of production based on Southern California Edison Company
pump efficiency tests effective at the time of such delivery, such tests to be conducted yearly. City
shall bill Company's shareholders on a monthly basis for each shareholder's individual service and
delivery charges based on the assigned exchange entitlement, The Bear Valley Mutual Water
Company water stock shall remain the property of the Company shareholder, and all associated
charges shall be the obligation of the individual Company shareholders and not the obligation of
Company or City.
4. In the event that 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.
5. This Agreement may be amended only by written instrument executed by the parties
hereto. This Agreement shall be binding upon and inure to the benefit of the successors in interest
and assigns of the Parties.
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IN WITNESS WHEREOF,the Parties hereto have executed the Agreement on the dates set
forth opposite their respective signatures hereto.
BEAR VALLEY EXTENSION WATER AND PIPELINE COMPANY
By:
A t--t
Executed this ac/day of VlJveMLI�-,1997.
a —
Robert Hine, Preside At Redlands, California
A)
And- '/i��
�/ / / " > A—
Charlotte Van Eck, Secretary
CITY OF REDLANDS
Executed this25thday of November 1997
wen arson. Mayor At Redlands, California
Attest:
C 4
LorrieVa. City Clerk
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ri
EXHIBIT "A"
Shares Assignment
1. J. J. Ramirez _1300 Shares
By: Date: k ° S `C(
2. Robert Hinze Shares
By: _-' `� Date: "
3. Robert Break
. Shares
By: Date:
4. 4 Laura Ramirez U! Shares
By: Date: ` - _ k S _
5. Jean Belmont Shares
By: Date:
6. Dorothv Break Shares
By: Date:
7. Max Cardey Trust Shares Bear Valley and
11 shares Redlands Water Co.
By: s _ Date: _ 7
8. City of Loma Linda Shares
B,�` � "
' Date: / �
9. Frank Gaspar Shares
By: Date:
14. Barry Glendrange Shares
Bv: °' Date:
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EXHIBIT"A"
Shares Assignment
continued
11. Ben Hamada Trust Shares
By: Date:
12. Miller Earl Hill Shares
By: Date:
13. George Kafrouni Shares
By: Date:
14. Denis Kidd 376 Shares Bear Valley and
13 shares Redlands Water Cc
By Date.
15. Villy Lee et al Shares
By: Date:
16. Loma Linda University. Medical Center Shares
By: Date:
17. Montecito Memorial Park Shares
By: Date: -7
18. Morningstar Trust Shares
-q7
Date:
19. Redlands School district Shares
By: Date:
20. T. P. Sargent Jr. Shares
By Date:
DJM3183LE Page 6 of 8
EXHIBIT"A"
Shares Assignment
continued
21. Dorothy4ura-Weis Shares
By:
Date:
22. Thomas Slemmer Shares
By. Date:
23. . lard Stewart Shares
Date.
I f
24. Kevin Su Shares
By. Date.
24. Brian ura-Weis Shares
By: Date:
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