HomeMy WebLinkAboutContracts & Agreements_18-1997_CCv0001.pdf AGREEMENT TO PROVIDE IRRIGATION WATER
This Agreement is made and entered into this day oft . 1997 by and
between the City of Redlands Municipal Corporation ("City") and Denis W. Kidd and Bessie F.
Kidd, Trustees under the Will of Benjamin A. Kidd, deceased, and Bessie F. Kidd, an individual,
(collectively "Kidd"), former shareholders of the Bryn Mawr Mutual Water Company("Company")
which is a mutual water company organized and existing under the laws of the State of California.
Together. City and Kidd are sometimes referred to herein as the "Parties."
RECITALS
WHEREAS, the Company's shareholders made an offer to the City of Redlands to sell the
City all of the shares of the Company owned by such shareholders; and
WHEREAS, City has since accepted the Company's shareholders' offer and now owns all
of the outstanding shares of the Company; and
WHEREAS,as part of the consideration for the Company's shareholders' sale of the shares
to the City, such shareholders requested an arrangement whereby City would continue to provide
irrigation water to such shareholders under certain circumstances;
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 City of
Redlands and Denis W. Kidd and Bessie F. Kidd, as Trustees and as an individual, respectively,
agree as follows:
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A--QREEMENT
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 Kidd 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. In addition_
withthe prior consent of City, Kidd shall have the right to convey water from Kidd's existing Bear
Valley Extension connection through Company pipelines up to the capacity of the existing Company
distribution system pipelines.
5. City's provision of water service to a Subject Property shall be billed to Kidd
monthly, at a rate equivalent to City's actual costs for production and distribution of such water.
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6. In the event any legal action is commenced to enforce or interpret the terms or
conditions of this Agreement therevailin
p g party shall, in addition to any cost or other relief, be
entitled to recover its reasonable attorney's fees.
7. This Agreement may be amended only by written instrument executed by thep arties
hereto.
8. This Agreement shall be binding upon and inure to the benefit of the successors in
interest and assigns of the parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the dates set
forth opposite their respective signatures hereto.
CITY OF REDLANDS
Executed this day of . _ 1 g �
Swer? Larson, Mayor at Redlands, California
ATTEST.
City Jerk
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r Executed this 4f day of r__ _�_3 1 gc��
Denis W. Kidd, Trustee at Redlands. California
1 Executed this da of
Bessie F. Kidd, Trustee - - Y , 199"7
at Redlands, California
Bessie F. Kidd, an individual
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