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HomeMy WebLinkAbout2209 - Sale of Excess Watern • 1 2 3 4 5; 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28, 29 X30 31- RESOLUTION NO. WHEREAS, pursuant to instructions, the City Attorney of the City of Newport Beach, California has prepared a contract in which the City of Newport Beach agrees to sell certain excess water of said city to TAE IRVIIMF WIMIrf upon the conditions, covenants and restrictions in said contract set forth; and WHEREAS, said contract has been duly presented by the City Attorney to the City Council of the City of Newport Beach, for its acceptance and approval. NOV1, THEREFORE, BE IT RESOLVED: That that certain contract made and entered into the let day of Aril , 1941 by and between the City of Newport Beach, as the party of the first part, and M MV11M 00"L'L DYS as the party of the second part, wherein and whereby the City of Newport Beach agrees to sell certain of its excess water upon certain conditions, restrictions and limitations to said party of the second part, be and the same is hereby approved as written. I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular meeting thereof held on the eii day of IM&I , 19 41 , by the following vote, to -wit: AYES, C 1TU C I EN :� — 1J�11� 1�,11MS1T� M NOES, COUNCILMEN: 11L1SlQ (SEAL) ABSENT, COUNCIVAEPI: �gT �ttest_ja 32 11 Newport Beach! California. W • • a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 26 27 28 29 30 31 32 1 C O N T R A C T THIS CONTRACT, made and entered into this first day of April, 1941, by and between the City of Newport Beach, a Munici- pal Corporation of the sixth class of Orange County, California, hereinafter referred to as the party of the first part, and THE IRVINE COMPANY, a corporation of Tustin, California, hereinafter referred to as the party of the second part; - - - W I T N E S S E T H - - - That WHEREAS, the party of the first part has declared by ordinance that it has water in excess to supply the inhabi- tants of the City of Newport Beach, which said ordinances are Nos. 292 and 352 of the City of Newport Beach, reference being made thereto for further particulars and the same is by such reference made a part hereof; and WHEREAS, the party of the second part desires to purchase water from the party of the first part for domestic purposes at the ranch house known as the "Coast Ranch ", and located near Block 328, near the Corona Del Mar reservoir, City of Newport Beach, County of Orange, State of California. That the meter at presat serving said location is a 1" Neptune No. 4460400. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That the party of the first part does hereby sellto the party of the second part, water upon the following conditions and terms: 1. The party of the second part agrees to install all necessary water equipment, pipe and water connections at his own cost and expense, but under the supervision of the Water Superin- tendent of the City of Newport Beach, all materials and other equipment used by him to be first approved by the Water Superin- tendent of the City of Newport Beach. 2. The party of the second part agrees to pay for said water consumed through meter at the following monthly rate: V VW • s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 For 5/8 inch meters, first 800 feet or less........; 1930 For 3/4 inch meters; first 800 feet or less........ 1.50 For 1 inch meters; first 1,000 feet or less...... 1.50 For lz inch meters; first 1;300 feet or less...... 1.80 For 2 inch meters. 1;500 feet or less...... 2.00 For 3 inch meters, first 2,500 feet or less...... 3.00 For each additional 100-cu. ft. and up to 10,000 cu. ft., per 100,cu. ft............ .10 For all over 10,000 cu. ft. and up to 40,000 cu. ft., per 100 cu. ft............ .09 For all above 40,000 cu. ft., per 100 cu. ft....... .08 And in addition thereto for each metier in use the sum of one dollar (M:1.00) per month, all of said payments to be made monthly and at the time and in the manner provided by City Ordinance and the rules and regulations of the Water Department of said City. 3.. Said party of the second part will at all times comply with all rules and regulations of the Water Department of the City of Newport Beach and such further rules and regula- tions as the bdater Department of the City of Newport Beach may prescribe from time to time during the term hereof, and agrees to pay for all water used by him at the time and in the manner prescribed by the rules and regulations of the hater Department of the City of Newport Beach. It is further mutually understood and agreed by and between the parties hereto that the water herein mentioned is sold under Ordinances Nos. 292 and 352 of the City of Newport Beach and that the City Council may declare at any time during the existence of this contract that said City of Newport Beach has not sufficient excess, water to sell and may thereupon ter- minate this contract upon giving ten days written notice to that effect to the party of the second part. It is further mutually understood and agreed by and between the parties hereto that none of the provisions of this contract shall mean or be construed to mean that the City of Newport Beach shall be required to sell its excess water or that excess water, once furnished to the party of the second -2- w. .. 1 part, shall continue to be furnished, and that the water so 2 agreed to be furnished shall be furnished only during such time 3 as the City Council of the City of Newport Beach may, in its 4 judgment, believe that the furnishing of said water will not 5 impair the water supply of said City. 6 It is further mutually understood and agreed that the 7 excess water sold hereunder is only sold from month to month 8 during the existence of such excess and this contract may be 9 terminated in the manner hereinbefore specified, at any time 10 by the City Council of the City of Newport Beach. 11 It is further understood and agreed that this contract 12 shall not in any event be in full force and effect for a period 13 longer than one year from date hereof. 14 IN WITNESS WHEREOF, the party of the first part has by 15 resolution of its City Council dated the &*" day of� K\ U 16 1941, authorized and directed its corporate name to be signed 17 and its corporate seal to be affixed by the Mayor and City Clerk 1s of the City of Newport Beach thereunto duly authorized, and the 19 party of the second part has caused its corporate name to be 20 signed by its Vice - President and Secretary thereunto duly author - 21 ized by resolution of its Board of Directors this -' aay of 22 5?q° 1941. 23 24 25 26 28 29 30 31 32 (SEAL) THE IRVINE COMPANY, a Corporation,