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HomeMy WebLinkAboutContracts & Agreements_229-2021AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this lo-day of December, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Christopher N and Christine S Gilbert ("Owner") City and Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties " RECITALS WHEREAS, the City and the Redlands Heights Water Company have entered into an agreement dated August 1, 1967, to exchange irrigation water, a copy of which is attached hereto as Exhibit "A," and WHEREAS, Owner is a shareholder of record of four (4) shares of Redlands Heights Water Company stock identified as No 1230 (the "Shares"), and WHEREAS, Owner wishes to take advantage of the opportunity to receive water from the City's domestic water system in exchange for Owner's assignment of the Shares to the City, NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Christopher N and Chnstme S Gilbert agree as follows AGREEMENT 1 Owner hereby assigns and shall cause all imgation water entitlement derived from Owner's Shares to be delivered to a City water treatment facility In exchange, Owner will receive an equal amount of potable water from City through City's domestic water system 2 Owner shall comply with the provisions of City's agreement with Redlands Heights Water Company 3 City agrees to furnish water under the conditions and in the amount indicated in compliance with City's agreement with Redlands Heights Water Company 4 This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof Any prior written or verbal agreements or representations respecting the subject matter of this Agreement not expressly set forth herein are null and void 5 In the event any 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 the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party 6 This Agreement may be amended only by wntten instrument, executed by the Parties I \ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date CITY OF REDLANDS BY Paul T Banch, Mayor ATTEST BY nne Donaldson, City Clerk OWNERS BY BY. owi- N. Christopher N Gilbert n I \ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc 0 A AGREEMENT THIS AGREEMENT, executed by and between the City of Redlands, herein- after called "City" and the Redlands Heights Water Company, hereinafter called "Company" is entered into this First day of August , 1967 RECITALS 1. The Company desires to relieve itself of the burden of maintaining pipelines in many areas where the usage is not sufficient to warrant large expenditures for such maintenance 2 The City, being a substantial stockholder in the Company, deems it in the public interest to assist in the discontinuation of as many unnecessary and little used pipelines as possible 3 Many of the Company's points of delivery may be served from the City's domestic water system. 4. The physical means exist for the City to receive water from the Company in exchange for water delivered by the City to Company stockholders COVENANTS For and in consideration of the mutual covenants set forth herein, Company and City agree as follows 1 The Company shall determine the size of connection required to serve each stockholder from the city system, and pay for installation of such connections, which shall serve also al the domestic connection to shareholders entitled to receive water service 2 The Company, at its expense, shall make any connection to the irrigation system from the domestic system of a customer 3 During irrigation months only, the customer may receive his stock entitlement through the domestic meter and all water thereafter shall be charged by the City at the domestic rates established by City ordinance or resolution. 4. Company agrees to deliver or have delivered to the City, all water entitlement due to any stockholder that is connected to the City's system in accordance with this agreement All water shall be delivered in potable condition or to a City facility capable of making the water potable All assessment and service charges for stock entitlement to such water shall be paid by the stockholders 5 The City shall have the right to limit the maximum rate of delivery in order to maintain adequate service to domestic consumers 6. The City shall make the exchange provided herein only for such services and under such circumstances as, in the judgement of the City, will result in the elimination of a substantial portion of the Company's transmission lines 7 The Company shall pay the City ten cents ( 10) per MID delivered in this manner and a bookkeeping charge of five dollars ($5 00) per year per delivery point connected to the City's system. Billing shall be made monthly 8 The Company shall maintain a service charge for providing service to each point of delivery irrespective of the quantity of water delivered. These charges shall be divided equally among points of delivery of all stock- holders and shall include but not be restricted to a Office Expenses b Zanjero Expenses c Administrative Expenses d. Bookkeeping charges from the City e Taxes IN WITNESS WHEREOF, the parties have hereunto subscribed their names the day and year hereinabove written. REDLANDS HEIGHTS WATER COMPANY 1337. ✓ `� /f21 Gr' i7 Presid�nt.-�1 - // i_,/ ts2 Vice President CITY OF REDLANDS )3y INCORPORATED MAY 9, NON AUTHORIZED CAPITAL STOCK $5D0,00D SOOD SHARES PAR VALUE $100. Redlands Heights Water Company REDLANDS, SAN IBERNARDINO COUNTY, CALIFORNIA Ciffito Date: Decemher 19, 2017 Muffles i?lf�ttt---___�_hrRgPh�Nr_�berir_tlt��1�St_Sz,lbert is the registered holder, entitled to represent, and (subject to conditions printed on reverse side hereof) tisz_ Qli I(r NO PL6bDE la TO DE RcaIaTERED, WRITE .NO DNE" IN THsfl oPADIV is registered as pledgee of Four shares, each of the par value of One Hundred Dollars, of the Capital Stock of Redlands Heights Water Company a corporation organized sender the laws of the State of California, for the purpose (in addition to any others) of supplying water to its shareholders. Tim shares evidenced here are assessable and may be said or forfeited for non-payment of an atusessment. Each assessment is a lien upon the shares assessed from the time of the adoption of the resolution levying the assessment, until paid. Each charge or toll for water delivered or ether service rendered by the corporation to or for the registered holder of these shares by virtue of or in respect of ownership of said shares is a lien against said shares from the time when furnished or rendered, until paid. No transfer of these shares can or will be made on the books of the corporation while any such assessment, charge or toll thereagainst remains or is unpaid. IN WITNESS WHEREOF, said corporation has caused this certificate to be signed by its duly autth'J}{oriifzed officers and s Cor ate Seal affixed the • Love written, EQR [TART - PR ED IDEHT *,Rota ma 8/8/2018 Water Exchange Entitlement request to continue/change name & shares - Leonard to Gilbert, 3 to 4 shares RHWC From• Jane Weathers <JWeathers@cityofredlands.org> To. Sam Fuller (samfuller12@aol.com) <samfuller12@aol.com> Cc. Cecilia Griego <cgrlego@cityofredlands.org> Subject: Water Exchange Entitlement request to continue/change name & shares Leonard to Gilbert, 3 to 4 shares RHWC Date Wed, Aug 8, 2018 10:37 am Attachments• Redlands Heights. Agreement with City 8-1 1967.pdf (125K), Redlands Heights GILBERT 4 shares 1353 Prospect Drive.pdf (304K) Hi Sam — One of the requests we have had on our list of entitlement water requests for some time is from Chris and Chrissy Gilbert who are owners of the 1353 Prospect Drive property that belonged to JR Leonard (who has since passed away) and now own 4 Redlands Heights shares they wish to have applied to the water account and to change the account into their name. There are currently 3 shares which have been applied (or 312 ccf units of water) for I think decades. Chrissy, JR Leonard's granddaughter, stopped in the office this past Monday inquiring the status and shared her frustration In how long this is taking but understood the circumstances after Cecilia and I explained the delays. We are requesting your assistance to confirm the Information provided and your concurrence so we can prepare an agreement. Attached certificate 81230 for 4 shares to Christopher N. Gilbert and Christina S. Gilbert dated December 19, 2017 needs Christine's name confirmed as it is noted as Christina on the certificate, however, her name is Christine. Please determine number of units, delivery rate(s), etc. according to the attached agreement. Below. Is taken from the spreadsheet that I have been updating with all the pending requests. Let me know If you have any questions. Thanksl Jane Al 9,,ukke, eXA0v4 toe- ;Nt, ,4/0 Christopher Nathan and Christine/a Gilbert (Chris & Chrissy Gilbert) 10049.300 909-499-4185 909-754-0097 ggilber1@verizon.net 9/17/2018 Redlands Heights Water Company 4 shares `^, 1353 Prospect Drive J 1 (��j ice{ ' `\go.) yes, 3 RH shares under J R Leonard (312 ccf units) Y �A k- No agri'ement found water for JR Leonard, shares of RH have been decades 6mil for entit howev app -2\,. From Cindy Tryon Sent: Sunday, January 21, 2018 3 13 PM To: Jane Weathers; Cecilia Griego Subject: RE: REDLANDS HEIGHTS WATER COMPANY SHARES - J R LEONARD TO CHRISTOPHER GILBERT & CHRISTIN[A]E GILBERT Checking on this one too. Thank you. Cindy L. Tryon Utility Customer Service Supervisor City of Redlands Customer Service Division 35 Cajon Street, Suite 15A Redlands, CA 92373 Phone: 909-798-7678, #1 Fax: 909-798-7670 Customer Service: 909-798-7516 atry.4Il@S.ilyofredlands.org From. Jane Weathers Sent; Thursday, January 11, 2018 1.34 PM To Cindy Tryon <ctrygg,@ci ofredlands.org> Cecilia Griego <ggriegg@ yofredlands.org> Subject. RE. REDLANDS HEIGHTS WATER COMPANY SHARES-1 R LEONARD TO CHRISTOPHER GILBERT & CHRISTIN[A)E GILBERT Cecilia and I will discuss and I can make contact with Ms. Gilbert. We may need to touch base with Charlotte at Bear Valley to correct her name and confirm the number of shares, I will keep you posted, Cindy. Jane From, Cindy Tryon Sent Thursday, January 11 2018 1.28 PM To: Cecilia Griego, Jane Weathers Subject. REDLANDS HEIGHTS WATER COMPANY SHARES J R LEONARD TO CHRISTOPHER GILBERT & CHRISTIN[A]E GILBERT Hi Cecilia & Jane, Christine Gilbert came in the office the other day and provided Karen with a copy of the water shares she received from her grandfather, J R Leonard. Christine purchased his property at 1353 Prospect Drive back in September 2017, and also acquired the shares that go with it She would like to place the utility account in her name and utilize the shares I advised her there may be a form that is required for her, a council member and the city clerk to sign, but that one of you will be in contact with her Attached is a copy of her grand -father's bill which reflects the account number and address of the property along with a copy of the RHWC shares reflecting the transfer over into Christopher and Christin[aj's name Also, below are screen shots and notes from https.//mail.aol.com/webmail-std/en us/PrintMessage 1/4 Bid Rejection - On motion of Mayor Pro Tem Fostei, seconded by Councilmembei Gardner, the City Council unanimously approved the rejection of all bids received in response to RFB A-2013-001 Refuse, Green Waste and Recycling Automated Containers LCNG Station Expansion - On motion of Mayor Pro Tem Foster, seconded by Councilmember Harrison, the City Council unanimously approved a contract between the City of Redlands and Fuel Solutions, Inc , in the amount of $37,883, for technical consulting and design services associated with the Liquid Compressed Natural Gas (LCNG) station expansion (Resolution No. 7047 — Water Entitlement Exchange Authority - On motion of Mayor Pro Tem Foster, seconded by Councilmember Gardner, the City Council unanimously approved Resolution No 7047 authorizing approval and execution of agreements to exchange entitlement water without prior Council approval. Right -of -Way Services - On motion of Mayor Pro Tem Foster, seconded by Councilmember Gardnei, the City Council unanimously approved an amendment to an agreement between the City of Redlands and Paragon Partners LTD to perform right-of-way appraisal and acquisition services PUBLIC HEARINGS Resolutions No 7313, 7316 and 7315 — Hillwood Investment Partners — Apphcant — Mayoi Aguilar opened the hearing and called upon Manuel Baeza, of the Development Services Department to provide background on the proposed development of a 1,015,740 square foot warehouse/distribution "fulfillment" centei on approximately 50 66 acres The project site is comprised of six (6) contiguous parcels located on the south side of Lugoma Avenue, the east side of Bryn Mawr Avenue immediately north of the I-10 Freeway, approximately 635 feet west of California Street As a public comment, Andrew Hoder questioned the magnitude of impact considered in studies presented as to truck traffic associated with the proposed facility and asked about the trees included in the developer's landscape plan Tom Dodson, environmental consultant for the applicant, addressed concerns expressed in a written comment received from Briggs Law Corporation during the meeting On motions of Mayor Pro Tem Fostei, seconded by Councilmember Gardner, the City Council determined, based on the whole of the administrative record to date, that the information contained in the whole record justifies the adoption of a mitigated negative declaration for the fulfillment centei project, approved the Mitigated Negative Declaration and the accompanying mitigation monitoring and reporting program for the Redlands Fulfillment Center project, adopted Resolution No 7313 approving the Socro- Econonuc Cost/Benefit Study for the project, adopted Resolution No 7316 approving Parcel Map No 19461 to revert to acreage six (6) contiguous lots into one (1) parcel, which delineates dedications that will and will not be vacated and dedications required in connection with the reversion to acreage, with an area of September 3, 2013 Page 6 } AGENDA ITEM NO w COUNCIL MEETING OF 9/3/13 REQUEST FOR COUNCIL ACTION SUBJECT: RESOLUTION NO. 7047 - AUTHORIZATION TO APPROVE AND EXECUTE AGREEMENTS TO EXCHANGE ENTITLEMENT WATER WITHOUT PRIOR COUNCIL APPROVAL MOTION: 1 move to approve Resolution No 7047 RECOMMENDATION. Staff recommends the City Council adopt Resolution No. 7047 authorizing the Mayor or any member of the City Council to approve and execute agreements for water exchange entitlements for water received from the Santa Ana River and Mill Creek without prior Council approval. DISCUSSION: The City derives the majority of its water supply from three primary sources: the Santa Ana River, Mill Creek, and groundwater wells. The right to use surface water sources has been acquired by the City through both direct ownership of water rights and through the ownership of mutual water company stock. In the 1960s and 1990s the City entered into agreements with four local mutual water companies to allow the City to receive water from these companies on behalf of its shareholders. The water received is delivered to the City's Hinckley surface water treatment plant, and then delivered to each share holder As part of the agreement the shareholders are required to pay all assessments and delivery charges. To complete the transaction, each share holder must sign a companion agreement with the City which allows them to operate under the master agreement between the City and each of the four mutual water companies. This arrangement allows the City to minimize its expenses by not having to pay increased assessments on water company stock owned by the City to make costly repairs to their aging systems. In addition, all unused shareholder entitlement water is delivered to the City at a significantly reduced cost. Because of this, the City receives significantly more water then it delivers to the water company shareholders. Currently the City has agreements with approximately 150 water company shareholders to receive this water Each year staff receives approximately six customer requests to transfer ownership from one customer to another, or add shares to their account, Recently, City staff has been contacted by two water company shareholders requesting to add shares to their agreements and execute new ones. Because these agreements City Council Meeting of 9/3/13 Agreement To Exchange Entitlement Water Page 2 of 3 provide benefit to the City, and are the mechanism to implement the Council approved agreements, staff is requesting the Mayor, or any other Councilmember, have the authority to sign the agreements without prior Council approval for each agreement. Finally, staff will include, in the quarterly agreement tracking report from Finance and the City Clerk's office, the number of entitlement agreements that are signed. The City Attorney has reviewed the forms of the Agreement to Exchange Entitlement Water FISCAL IMPACT In general, water entitlement agreements provide an annual financial benefit to the City of approximately $118,000 This estimated value is derived by the value of the excess water transferred to the City for its use Additionally, because the construction of private water company pipeline replacements are not necessary, and the City would be required to pay for a portion of these facilities as the City owns portions of each of the companies, the City realizes reduced costs by lower private water company assessments. ATTACHMENT Resolution No 7047 City Council Meeting of 9/3/13 Agreement To Exchange Entitlement Water Page3of3 Prepared by CHRIS DIGGS Deputy MUED Director Reviewed by` F - • MO SAVIPOUR Municipal Utilities & Engineering Director Reviewed by. TINA T. KUNDIG Finance Director Recommended by ARTIN City Manager Reviewed by DANIEL JIIIcHUGH City Attorney RESOLUTION NO 7047 A RESOLUTION OF THE CITY COUNCIL OE THE CITY OF REDLANDS AUTHORIZING APPROVAL AND EXECUTION OF AGREEMENTS TO EXCHANGE ENTITLEMENT WATER WITHOUf PRIOR COUNCIL APPROVAL. WHEREAS, the City derives the majority of its water supply from three primary sources. the Santa Ana River, Mill Creek, and groundwater wells, and the right to use surface water sources has been acquired by the City through both direct ownership of water rights and through the ownership of mutual water company stock; and WHEREAS, the City has entered into agreements with local water companies to allow the City to receive water from local mutual water companies on behalf of their shareholders, and as part of these agreements the shareholders are required to pay all assessments and delivery charges; and WHEREAS, the aforementioned arrangement allows the City to minimize its expenses by not having to pay increased assessments on water company stock owned by the City to make costly repairs to its aging systems, and in addition, all unused shareholder entitlement water is delivered to the City at a significantly reduced cost; and WHEREAS, because of this arrangement, the City receives significantly more water than it delivers to the water company shareholders; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redlands as follows: Section 1 The City Council of the City of Redlands hereby authorizes the Mayor, or any Councilmember, to execute agreements to exchange entitlement water substantially in the form hereto as Exhibit "A." ADOPTED, SIGNED AND APPROVED THIS 3rd DAY OF SEP I EMBER, 2013 Pete Aguiiir, Mayor ATTEST I: \celerk ResolutionskRes 7000-7099\7047 Entitlement Water Agreement.doe I, Sam Irwin, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 3rd day of September, 2013 by the following vote: AYES Councilmernbers Harrison, Foster, Gardner, Gilbreath, Mayor Aguilar NOES None ABSTAIN None ABSENT None I:\cc1erk\Resolutions\Res 7000-7099\7047 Entitlement Water Agreement.doc 2 EXHIBIT "A" AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this day of , 201_ ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and ("Owner"). City and Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, the City and the Water Company have entered into an agreement dated to exchange irrigation water, a copy of which is attached hereto as Exhibit "A," and WHEREAS, Owner is a shareholder of record of ( ) shares of Company stock identified as Nos. (the "Shares"); and Water WHEREAS, Owner wishes to take advantage of the opportunity to receive water from the City's domestic water system in exchange for Owner's assignment of the Shares to the City; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and agree as follows: AGREEMENT 1 Owner hereby assigns and shall cause all irrigation water entitlement derived from Owner's Shares to be delivered to a City water treatment facility In exchange, Owner will receive an equal amount of potable water from City through City's domestic water system. 2. Owner shall comply with the provisions of City's agreement with Water Company 3 City agrees to furnish water under the conditions and in the amount indicated in compliance with City's agreement with Water Company 4 This Agreement constitutes the entire agreement between the Parties regarding the subject matter hereof. Any prior written or verbal agreements or representations respecting the subject matter of this Agreement not expressly set forth herein are null and void. 5 In the event any 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 the recovery of its reasonable attorneys' fees, including fees for use of in-house counsel by a Party I: \eclerk \Resolutions \Res 7000.7099\7047 Entitlement Water Agreement.doc 4 6. This Agreement may be amended only by written instrument, executed by the Parties. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date CITY OF REDLANDS OWNER BY BY Mayor ATTEST BY City Clerk cclerMesolutions\Res 70004099\7047 Entitlement Water Agre,ement.doc 4