HomeMy WebLinkAbout7047RESOLUTION NO. 7047
011MMA-111
My go LANNY1 I 190111004 - - - -- 11----.---------
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."
I I i
Pete "Agui ar, Mayor
Sam lhr�wr—in, City - erk
1Acc1erk\Resolutim&,Res 7000-7099\7047 Entitlement Water Agreement,doc
1, 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:
Councilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar
NOES:
None
ABSTAIN':
None
ABSENT:
None
City Clerk
lAcclerk'kResolutions'Res 7000-70919\7047 Entitlement Water Agree ment.doc 2
M
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 Water
Company stock identified as Nos. (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 I agree as follows:
Uffilavokyll
I. 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 ftmiish 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
conditions of this Agreement the prevailing Party shall, in addition to any costs and other reli
be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-hou
counsel by a Party.
lAcclerkkResolutions\Res 70W7099N7047 Entitlement Water Agreement.doe 3
6. This Agreement may be amended only by written instrument, executed by the
IN WITNESS WIIEREOF, the Parties have executed this Agreement as of the Effective Date.
CITY OF DLANDS OWNER
BY: BY:
Mayor
ATTEST:
City Clerk
L\eclerklResolutmns\Res 7000-7099\7047 Entitlement Alater Agreement,doc 4