HomeMy WebLinkAboutContracts & Agreements_41-1997_CCv0001.pdf onvi OY.Xerox Telecapier 7020 2— 3-87 11 :59
REDLANDS MUD-+
908 793 7073# 5
AG
REEMENT TO PROVIDE IRRIGATION WAS
This Agreement is made and entered into this�c'_
between
— day of 1997 by and
the City of Redlands, al a municipal „
p corporation ( City ) and Canyon Ranch Association
e/o Shiruu
ruu Kunihara, a former shareholder
of the Bryn Mawr Mutual Grater
Company("Company")which is a mutual water company organized and e?d
the State of California, To �under the laws of
Together, City and Canyon Ranch Association, c/o Shiruu Kunihara are
sometimes referred to herein as the ,Parties.'
RLC AU
AREAS, the Company's shareholders made an offer to the City of Redlands
Cm'all of the spar to X11 the
es of the Company owned by such shareholders; and
WHEREAS, City has since accepted the Company's shareholders' offer and now
of the outstare ' owns an
�8 shares of the Company, and
WHEREAS, as part of the consideration for the �Com an s s
to the City, such shareholders requested an arrangement p shareholders,sale of the shares
whereby City would continue to provide
�gation water to such shareholders under certain circumstances,
NOW, lliEREFORE,in consideration of the
mutual promises contained her
ether good and valuable consideration, � �for such
the rece1pt of which is hereby acknowledged, the City of
Redlands and Canyon Ranch Association, c%Shiruu Kunrh�-a agree as f
ollows:
I
WIIAU.rV-X ielecopler `iu�u ; 2— 3—U REDLANDS MUD-4
909 793 7073;# 6
AEEMENT
1. On the terms and conditions stated herein, City commits to provide water service for
irrigation purposes to all parcels of real property owned by the Association which were receiving
water service from the Company on or before January 1, 1997. Each parcel of such real property
is referred to herein as a "Subject Property."
2, 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 greenbelt usage, (3)to a mixed agricultural and greenbelt usage, (4)to
a mixed usage which involves personal residence of the Subject Property together with agricultural
and/or greenbelt usage.
3. 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.
4. City's obligation to deliver water under this Agreement is limited to water produced
from the wells of the Company existing as of January 1, 1997, City shall be under no obligation,
but shall have the right if it so desires,to deliver water from any other water source,
5. Citys provision of wrter service to a Subject Property shall be billed to the
Association monthly, at a rate equivalent to City's actual costs for production and distribution of
such water,
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909�
793 7073,#
d. In the. event any legal aeon is commenced to enforce or interpret the terms ar
conditions of this Agreement the prev '. party shall, in addition to any cast or other relief be
r
entitled to recover its reasonable attorney's fees.
7.
This Agreement MaY be amended only by written instrument executed by the parties
hereto.
g. This Agreement shall be binding upon and inure to the benefit of the successors in
interest and assigns of the parties,
n'�WrrNESS WHMEOF,the parties hereto have executed this Agreement on the dates set
forth opposite their respective signatures hereto.
CITY OF REDLANDS
Executed this ?day of ,� t/ 17
`'`rec Larson, yar at Redlands California
AT'TES'T:
CITY-
Canyon
tty l
Cart on� Executed thi =mac dad,of ����' 1997
y ihara at d California
c/o S �autihara
3