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HomeMy WebLinkAboutContracts & Agreements_119-2023AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this 16a' day of May, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Shahzad Farukhi and Keisha L. Baldeosingh ("Owners"). City and Owners 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 No. 1241 (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 Shahzad Farukhi and Keisha L. Baldeosingh agree as follows: AGREEMENT 1. Owner hereby assigns and shall cause all irrigation water entitlement derived from Owners' Shares to be delivered to a City water treatment facility. In exchange, Owners 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. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF REDLANDS BY: l Mayor, Eddie Tejeda ATTEST: BY: LL- "yerk, Jeanne Donaldson OWNERS BY: Shahzad hrukhi BY: Lc Keisha Baldeosin h O w E �m m a : 'D \A o @ �=CD • N 1 .�''1 tt iD k C") w CD m2. fi o m m w H� ry, A w voH W n ro,a W m + to U? M � a o y (D R i] fD N Ff a m M CD %L ,"'jam m0 Q9�oma CD 0 PI A m m W C W p 1:1 -] ♦\V^\' p H CD 14 �}\ �• V HMmmi4--� Ofb [a rn tb :+ w L4 O rF H [D w rt w MW [e k� Ln N ❑D 2= n0 m� MN- UI m n ❑o n C7 ro na �> r m> -p0m nn mAm �cm A kn C kJ mQ {{} ❑ 0 0 �z n Qoo�; s D QQ i o c;�y � O Gnwv-; l�:R Ct` • :b Z L6 y i1 � p.n fry a�"mw•ef°.i, �.v •�,_,. t°'�-i •�n'�,-'a.�•�t -. ;o n mOr°¢' m rn:D r+'O m w��H p � �r � .._nN0 ro `��; N.y.ry _Z'O w "tea= NM, MO u j2 N .`'.e �' w 5^..�'F• 'ri r-s dmnQy C i5l ip -e 'pim ry cam' :nN �[=5p='r• �p� NL^n =� Onm �,y Ct t7iD r•ijrnr•�p`,Tmr�-oroc�:v- CL -Vi ro��� �� w o w ` R PJ ?`eYar9�`-sm --�O rn u,•� Q0Qo'o m ���av;mwf�ryp C.PiT� ,¢ m-- �`�+ a Na � ,. _Sit Q. �+•SN��,p.�..CLa row, 2 {.Nj CCd .ti . ,..,. C .� r+ m .m O rn fD A5 fp j (gyp r•. NNa O r+• ro a w n - 'i0 nN�'n �g.w� c�'�O.�Rr`?.a •w p _a a�0 rrl v 17%V m rL F. ED. ©, �. qOR 0`8amro+ a�3rt N rr[:-i N m' rrt � Un M 'D -C,e �N r Q•n mm�"'o�'N� jN �, vrt p'��,.-p�1'�:R. rrl W_mv_ v��a w m M rn `�°i0-nm 9cm�su rani a-a�. p•. :"aRc zo © m pia LT�� w_n�aro. v w�-T-_ �m Dr j C3 a•Qu+w� �4im mY�c^o�nx Qo�umi C�_s m m �o: �^pc �- �- i you n waasv n=„ �mA3vop� Q' m m.K •c '% s n a +s ci ro aA Mtn aa,+AMY<r WO, .� _ q�m G cmZ4a C Nh-a-m ro to z fo ID pi M o m `C t O in e« N tn : r•• flnf N `� W w C D ro p R C ?r tangy Ln m s ELI CLM EL. Redlands Heights Water Company Invoice 101 F. Olive Ave. Redlands, CA 92373 cvaneck@bvmwc.com Date invoice t 3/22/2023 1009 P.O. No. Terms Quantitya tiosk . -, Rat Am t Amount Notice is hereby given that at a meeting of the Board of Directors of the 0.00 0.00 Redlands Heights Water Company, held March 21, 2023 an Assessment of Two Hundred Fifteen Dollars ($215.00) per share was levied and a Service Charge of $100.00 for each point of delivery, payable to Redlands Heights Water Company at 101 East Olive Avenue, Redlands, CA. 92373. Any shares upon which this assessment and service charge remains unpaid on 0.00 0.00 May 5, 2023 will be delinquent and a penalty of five percent thereof will be added to the total due, and unless payment be made on or prior to June 5, 2023 the said shares or as many of them as necessary will be sold on that day at the office of the company, 101 E. Olive Avenue, Redlands, California at 2:30 p.m. on said day, to pay such assessment and service charge, together with the penalty aforesaid, or may be forfeited to the Corporation. Date: March 22, 2023 Charlotte Van Eck, Secretary 5 Assessment due 215.00 1,075.00 Service Charge due 100.00 100.00 Please provide the office with your updated contact information. Thank you. 0.00 0.00 Phone # Total $1,175.00 909-793-4901 A G R ^n E M E N T THIS AGREEMENT, executed by and between the City of Redlands, herein- ' i alter called "City" and the Redlands Heights Plater Company, hereinafter i called "Company" is entered into this, First day of August R E C T T A L S 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 I expenditures for such maintenance. 2. The City, being a substantial stockholder in the Company, deems it in the public interest to assist in thy discontinuation of as many unnecessary and little used pipelines as possible. 3. Many of the Company's points of delivery may be served from.. this 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 stoci'^.olders. 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 nay for installation of such connections, which shall serve also as the domestic connection to shareholders entitled to receive water service. i 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 " _-•Y. entitlement through the domestic meter and all water thereafter lall be charged by the City at the domestic rates established by City ordinance or _ resolution. 4. Comnany agrees to deliver or have delivered to the City, all or 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 r 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 eliuination 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 i 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 too 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. a.' 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. BE➢LANDS HEIGHTS WATER COK&A-KY President i 1 .,{I r By Vice President CITY OF RE➢LANDS Mayor By Bid Reiection - 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 RESOLUTION NO, 7047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AUTHORIZING APPROVAL AND EXECUTION OF AGREEMENTS TO EXCHANGE ENTITLEMENT WATER WITHOUT 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 Couneilmember, to execute agreements to exchange entitlement water substantially in the form hereto as Exhibit "A." ADOPTED, SIGNED AND APPROVED THIS 3rd DAY OF SEPTEMBER, 2013. T't A,-' 7 .� ._.� Pete Aguilar, Mayor ATTEST: ZA1 Sam Irwin, City erk 1:ko1erk\RemEutioWRm 7000.7M\7047 Entitlement W as Agre mem.dm 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: Councilmembers Harrison, Poster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSTAIN: None ABSENT: None 4�4 City Clerk L\l IeMRe Iufi n xRm 7000-709%7047 E'artiUement Weser Agre ment.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." WHEREAS, the City and agreement dated attached hereto as Exhibit "A;" and the RECITALS _ Water Company have entered into an to exchange irrigation water, a copy of which is 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 agree as follows: AGREEMENT L 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. 1Aco1erk\Re 1utimARes 4000.7W7047 Entitlement Water Apeement.doe 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 IM Mayor ATTEST. BY: City Clerk t:\cclerklResotuEionsiRes 70004099\7047 Fra dement Water Agreement.doc City of REDLANDS Incorporated I888 Municipal Utilities & Engineering Department 35 Cajon Street, Suite 15A Redlands, CA 92373 909-798-7698 To: Eddie Tejeda, Mayor Through: Charles M. Duggan, Jr., City Manager From: John Harris, MUED Director �24 Date: May 24, 2023 JOHN R. HARRIS Director Re: Redland Heights Water Company Exchange Entitlement Water Agreement - Farukhi & Baldeosingh (1350 S Center St) On May 5, 2023, Mr. Farukhi contacted staff to discuss the process for executing an Exchange Entitlement Water Agreement. These agreements allow the City to receive and use a mutual water company shareholder's full water entitlement in exchange for a potable water service credit not to exceed the full water entitlement. These agreements detail specific requirements that must be met for the agreement to be executed. Mr. Farukhi and Ms. Baldcosingh are able to meet these requirements. On September 3, 2013, City Council adopted Resolution 7047, which authorizes the Mayor or any rr[ember of the City Council to approve and execute Exchange Entitlement Water Agreements without prior Council approval. Staff recommends approval of an agreement with Mr. Farukhi and Ms. Baldeosingh. Attached: 1. Exchange Entitlement Water Agreement — Farukhi 2. RHWC Share Certificate No. 1241 3. Resolution 7047 4. RHWCICity of Redlands Agreement - 1967 — i6 "A(k�7�asWoa�"