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AGREEMENT TO EXCHANGE ENTITLEMENT WATER <br />This water entitlement exchange agreement ("Agreement") is made and entered into this <br />lo-day of December, 2021 ("Effective Date"), by and between the City of Redlands, a <br />municipal corporation ("City") and Christopher N and Christine S Gilbert ("Owner") City and <br />Owner are sometimes individually referred to herein as a "Party" and, together, as the "Parties " <br />RECITALS <br />WHEREAS, the City and the Redlands Heights Water Company have entered into an <br />agreement dated August 1, 1967, to exchange irrigation water, a copy of which is attached hereto <br />as Exhibit "A," and <br />WHEREAS, Owner is a shareholder of record of four (4) shares of Redlands Heights <br />Water Company stock identified as No 1230 (the "Shares"), and <br />WHEREAS, Owner wishes to take advantage of the opportunity to receive water from <br />the City's domestic water system in exchange for Owner's assignment of the Shares to the City, <br />NOW, THEREFORE, in consideration of the mutual promises contained herein, the City <br />of Redlands and Christopher N and Chnstme S Gilbert agree as follows <br />AGREEMENT <br />1 Owner hereby assigns and shall cause all imgation water entitlement derived <br />from Owner's Shares to be delivered to a City water treatment facility In exchange, Owner will <br />receive an equal amount of potable water from City through City's domestic water system <br />2 Owner shall comply with the provisions of City's agreement with Redlands <br />Heights Water Company <br />3 City agrees to furnish water under the conditions and in the amount indicated in <br />compliance with City's agreement with Redlands Heights Water Company <br />4 This Agreement constitutes the entire agreement between the Parties regarding the <br />subject matter hereof Any prior written or verbal agreements or representations respecting the <br />subject matter of this Agreement not expressly set forth herein are null and void <br />5 In the event any action is commenced to enforce or interpret the terms or <br />conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, <br />be entitled to the recovery of its reasonable attorneys' fees, including fees for use of in-house <br />counsel by a Party <br />6 This Agreement may be amended only by wntten instrument, executed by the <br />Parties <br />I \ca\djm\Form Agreements\Exchange Entitlement Water Lease.doc <br />