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HomeMy WebLinkAboutContracts & Agreements_234B-2021AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this 16th day of December, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Khanh K Nguyen and Leslie M Nguyen (together, "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 five (5) shares of Redlands Heights Water Company stock identified as Certificate No 1236 (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 Khanh K Nguyen and Leslie M Nguyen 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 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 written instrument, executed by the Parties I \ca\djm\Form Agreements\Exchange Entitlement Watei 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 me Donaldson, City Clerk OWNER BY BY I \ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc Bid Rejection - On motion of Mayor Pro Tem Foster, seconded by Councilmember 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 Gardner, 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 — Applicant — Mayor 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" center on approximately 50 66 acres The project site is comprised of six (6) contiguous parcels located on the south side of Lugonia 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 Foster, 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 center 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 Socio- Economic 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 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 denved 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 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 herem, 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 mdicated 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 \celerk\Resolutions'Res 7000-7099\7047 Entitlement Water Agreemcnt,doe 3 rY.1Y.Y�irYw.::c1.:`.r:Yv,.YNi'S?�'+Y+Y.v.�:tr • •iJY• t __. � .. ,�x,.,.,_z.;;Y�'y1:i4-...i::�a✓SJ�-:��..;•,3i+t•v�.Jt�LUXi;'YdYR:ci,t�4ti'XF' tJ61:1,NYv<t4ws+Ia�.,>�r�i••.::7jY:11.4:41,z1z1..z No. of Shares =5= (Rrrtifiin 0llat INCORPORATED MAY J 1©91 AUTHORIZED CAPITAL STOCK $500,0013 5D00 SHARES PAR VALUE $100 Redlands Heights WiterCompany REDLANDS, SAN i3ERNARDINO COUN LY, CALIFORNIA Khanh K Nguyen and Leslie M Nguyen is the registered holder, entitled to represent, and (subject to conditions printed on reverse side hereof) No One (IF NO PLEDGE IS TO OE REGISTERED WRITE "NO ONE" IN THIS SPACE/ • is registered as pledgee of Five _ shares, each of the par value of- One Hundred Dollars, of the Capital Stock of Redlands Heights Water Company a corporation organized under the laws of the State of California, for the purpose (in addition to any others) of supplying water to its shareholders The shares evidenced here are assessable and m•iy be sold or forfeited for non-payment of an assessment. Each assessment is a hen 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 other 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 authorizedofficers, ts Corporate Seal affixed the day bone 'written. SECRETARY D Fa PRESIDENT vp.4.S''n.! :ce. �1S !r!.".1Z!:7i7.ti :.l t�F:Th ' Sf'zyor,r,,,z;'l.• d.,�'`.; A""!h-'";!-12 -- off; L^,+ — t ++>, rA,-in`Z y r F, wa•,vc�•vA.._wAi.�-ur:�..�'•. � -� _ S?i�tT..�.�.h''S��.�.•�.. 'S� 3•TT,�•t'Ss'�d�,..�..:2�r•'�'.��tu �.••e:.2.s_�.. iC) GOES 358 J