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HomeMy WebLinkAboutContracts & Agreements_84-2024AGREEMENT TO EXCHANGE ENTITLEMENT WATER This water entitlement exchange agreement ("Agreement") is made and entered into this 7th day of May, 2024 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Katherine Kaisershot ("Owner"). City and Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties," RECITALS WHEREAS, the City and the West Redlands Water Company have entered into an agreement dated May 4, 2004 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 West Redlands Water Company stock identified as Nos. 1129 (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 assigmnent of the Shares to the City; NOW, THEREFORE, in consideration of the mutual promises contained herein, the City of Redlands and Katherine Kaisershot 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 West Redlands Water Company. 3. City agrees to furnish water under the conditions and in the amount indicated in compliance with City's agreement with West Redlands 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 Asreement 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:\caVljm\Form Agreements \Exchange Entitlement Water Leasodoo IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. CITY OF REDLAND BY: ayor OWNER BY: Katherine Kaisershot I:Iealdjm\Form Agreements\Exchange Entitlement Water Lease.dnc INCORPORATED APRIL 1, 16B7 AUTHORIZED CAPITAL STOCK $100,000.00 1000 SHARES, PAR VALUE $1 ❑❑.❑❑ PER SHARE West Redlands Water Company REDLANDS, CALIFORNIA is the registered holder, entitled to represent, and (subject to conditions printed on reverse side hereof) No One {IF NO PLEDGE IS TO BE REGISTERED, WRITE "N❑ ONE" JN THIS SPACE) is registered as pledgee of Seven each' of the par value of One Hundred Dollars, of the Capital Stock of West Redlands 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 evid_enced here are assessable and may be sold or forfeited for non-payment of an assessment. 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 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 certificates to be signed by its duly authorized officers, and its Corpor - to Seal affixed th ,day abo 4 written. 01998 0055 4358 NI Rights Reserved }