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Home My WebLink AboutContracts & Agreements_144-2023AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this 9th day of August, 2023 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Zachary S. Hadley and Tiffany C. Hadley ("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 Six (6) shares of Redlands Heights Water Company stock identified as No. 1242 (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 Zachary S. Hadley and Tiffany C. Hadley 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. 1 I:\cmo\Agreements\Hadley Entitlement Exchange FY22-0237.doc - AE IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. mayorkr M1W 1 RD-rEt 1 P*t t L c3-7.1,1e41- ATTEST: BY: /05)-ttatit. Clerk, Jeanne Donaldson 2 OWNERS BY: ZacharS. 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'"a•corp r� org �e - nd the.taws of_the State:off pals oruuu, tar.t. e rose-( adder to any otters).' - Of pptymg :w a -to. iti sh ehok lers :. - • - - - . : . - - ism -' ' ' sure* ide3zr-ed he are_=a3sl.6'a1 may be:soid or- for£e ed. for. aoi- qua meat tg % asses eas. ; ,ti ` t _: - M`M *' essmeaf-is; a lien •uroa::E :s1<aresas ssed-iro!rz the-ire:of the_atTa ott-of tile-="�,:cca - 3. 6--iig e Emig: • r mi tai Each_ ells. •" _ .`ar . s-r ;: 'a dohs: or_ e%Yre.- g e re l ed irs-te- icxedoi t - c -' - far tie-regs ened=&at e : izt .Qss,s s_Fyr- e:-ate -or is respe of ciwners -ofa=-ems a lie. -against skid ,. shares:$ram._the:' .e:-�sih t-f shed: or:Ted. er4 ti paid Fo-1±gas£sr:attTese's •calt.•er will Be me a or :tea tom:bow- ct.�ebe or asix•Atio .: bit asy_saze .assessr. �_ _tali4 a eags.;-* ems•; -fir--is- t laic - _ - . . - WI 'ER Q.1;:sue corid s caa€se _ tfis cen friate to he sig n -I"-.- - 0 t yip - offers, d its Cr ier • - tr e-Ed 6 above wrier • - - J! - ti.EFJJE )' . EGEE-A Y 2a. 2t�4141� : 1Y -sard-511$5*Ia•-C3. y - Qad t .¢ rrr�e e r at3 -tom ai +,E er':alioit :thtse#: • ariti'lk Vie!, it iiarl i�lfs = ems; a ieafs_ , +Uii" ...T t. 1 #h. batik of : tnr ar sjs=2a .a:rs�vit f� . -eertmE4 - .. £rI-su rtsier • .e\.o-' G rs .?cE'3o14if P or ri+i „�r tHi `,ic ssess3iie sPea�: C_tt AYo r. sftiztf Ave:5`�i%22t'�? emu ..'8-4iar'rsFrel ar�'=a- evv cetEf ` `issiEtf-fAt a!7' frot = ink fl. e ,-- i trOai 'ffr % tsea£=-,, Sttif ..?t -rffci' 6i'Pi"r =L> 4 1i4�i fiY n'„-,-j,:.:%N : u5'r-:;5r, r'n 55i17i E1 : _-�'Cfg-'r. e yE jS7£i2' D HcOgg tw;i5nefa'eiiY•r? 5 s 34 - . 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 stook; 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: ,e,,Qt.j.op 1. The City Council of the City of Redlands hereby authorizes the Mayor, or any Couneitmember, to execute agreements to exchange entitlement water substantially in the form hereto as Exhibit "A." ADOPTED, SIGNED AND APPROVED THIS 3rd DAY OF SEP 'EMBER, 2013. ATTEST: Sam IrwinCity �erk MeoleritlReaelutiorts1Ras 1000-709917047 lintittetnent Water Agreentent.daa 1 I, Saxn 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: Courieilmembers Harrison, Foster, Gardner, Gilbreath; Mayor Aguilar NOES: None ABSTAIN: None ABSENT: None ]:luolorldrtesolntionAlles 1000-7499t7O47 entitlement Water Agre menkdoo 2 0 iT CYO I J 44 i $ i�'.. ` 11.4 AGRECNENT f C� AO ANT, executed by and betweon the Oity of Redlands, herein- after KOiv'y" and the Rectl,aada Heights Stater Company, hereinafter oai7.ed cOompanym :i.a entered into this, )!'i.xst ... ' day of , 1967. ;;t1CTTAIJ$ 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 e aztdi.ttxres for. such maintenance. 2. The City, beings substantial stockholder in the Company, deems it in the publ.io interest to assist in the discontinuation of as many utaxs,eoessary and little used pipelines as possible. 3. Many of the Companys points of delivery maybe served from the Oiity'e domestic water system. 14. The phyvical means exist for the City to receive water from the Company in exchange for water delivered by the City to Company stoc holdet.s. 00 VEMANTS For and in consideration of the mutual covenants set forth herein, : Oar any •and City agree a$ 40I1OwS : L. The Company shall determine the size of commotion required to ' servo each stockholder ,from the city system, and pay for installation of such oonneotions, which shall serve also as 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. 'Iiu.ring irrigation months only,• the oustomox' may receive his stock' entitlement through the domestic meter and all water thereafter .all be charged by the Oity at the doomes•ti,o rates established by City ordinance or resolution. ..i . ;..a'' :'.) 14. Company agrees to deliver oz' have delivered to the City, all, water entitlement due to any stookhol.dor that is connected to the Oi,tyt s system ia accordance with thie agreement. All water shall be delivered in potable Aucfus.t • condition or to a City facility capable of making the water potable. All assessment and service charges ±'or stook entitlement to such water shall be paid by the stockholders. 5. Tha City shah have the right to limit the maximum rate of delivery Ma order to maintain adequate eerv'tca'to domestic consumers. b. The City shall make the exchange provided herein only for such services aad under such circumstances as) in the judgement of the City will result in the elimination of s substantial portion of the Compaxcyis transmiseion 1ixtas. 7„ The Aompany shall pay the City tort cents (.10) par MID delivered in this manner and a bookkeeping charge of five dollars (MOO) per year per delivery point connected to the C3,ty► 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 ohargea shall be divided equally amo:tg points of delivery of all stook - holders axtd shall include but not be restricted tot a. Office Expenses. . b. Zanjero Expenses. o. ' Administrative Expenses. d. Bookkeeping charges from the City. e. Texas. fit WITNESS 'WE REOF, the parties have hereunto subscribed their names the day and year hereixtabove written. R ]LANDS BIGHTS WATER C0 AN% nY /" ti} J':G1 r� ',} .a. 1 Br Y •' Vice President CITY dr R✓DLANDS P_.. 1kayor / f