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HomeMy WebLinkAbout2212 - Sale of Excess Water• t 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=; !6YA RESOLUTION NO. 13, 11, 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 TWIISEIM LAND CMIPAW 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. NOW, THEREFORE, BE IT RESOLVED: That that certain contract made and entered into the 18t day of April . 19 41, by and between the City of Newport Beach, as the party of the first part, and ` .7USEPID ulm COIIPAI]Y, 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 Sh day of 19 41 , by the following vote, �o -wit: AYES, COUNCIUMN: \I rt _"3N- NOES, COUNCIMEN:_ (SEAL) ABSENT, COUNCI114EN: ►/�JD�y� /� mayor of the city or Newport Beach, California. VIM 1 C O N T R A C T 2 THIS CONTRACT, made and entered into this first day of 3 April, 1941, by and between the City of Newport Beach, a Munici- 4 pal Corporation of the sixth class of Orange County, California, 5 hereinafter referred to as the party of the first part, and 6 TOWNSEND LAND COMPANY of Wilmington, California, hereinafter 7 referred to as the party of the second part: 8 - - - W I T N E S S E T H - -- 9 That WHEREAS, the party of the first part has declared 10 by ordinance that it has water in excess to supply the inhabi- 11 tants of the City of Newport Beach, which said ordinances are 12 Nos. 292 and 352 of the City of Newport Beach, reference being 13 made thereto for further particulars and the same is by such 14 reference made a part hereof; and 15 WHEREAS, the party of the second part desires to pur- 16 chase water from the party of the first part for service station 17 purposes, which said service station is located at the intersec- 18 . tion of the State Highway with the Coast Boulevard in the County 19 of Orange, State of California. That the meter at present serving 20 said location is a 1" Hersey No. 3356735. 21 NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That 22 the party of the first part does hereby sell to the party of the 23 second part, water upon the following conditions and terms: 24 1. The party of the second part agrees to install all 25 necessary water equipment, pipe and water connections at his own 26 cost and expense, but under the supervision of the Water Superin- 27 tendent of the City of Newport Beach, all materials and other 28 equipment used by him to be first approved by the Water Superin- 29 tendent of the City of Newport Beach. 30 2. The party of the second part agrees to pay for said 31 water consumed through meter at the following monthly rate: 32 'v IJ t 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......... P 2.30 For 3/4 inch meters; first 800 feet or less........ 1430 For 1 inch meters; first 1,000 feet or less...... 1.50 For 12 inch meters, first 1,300 feet or less...... 1.80 For 2 inch meters; first 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 100000•cu. ft., per 100 cu. ft............ .10 For all over 10,000 cu. ft. and up to 400000 cu. ft., per 100 cu. ft.. . ...... .09 000 cu. ft., per 100 cu. .08 nor all above 40, And in addition thereto for each meter in use the sum of one dollar (X: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 4later 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 Water 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 Nev:port 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 Boll its excess water or that excess water, once furnished to the party of the second -2- • s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 '.<2b . 26 27 28 29 30 31 32 part, shall continue to be furnished, and that the water so agreed to be furnished shall be furnished only during such time as the City Council of the City of Newport Beach may, in its judgment, believe that the furnishing of said water will not impair the water supply of said City. It is further mutually understood and agreed that the excess water sold hereunder is only sold from month to month during the existence of such excess and this contract may be terminated in the manner hereinbefore specified, at any time by the City Council of the City of Newport Beach. It is further understood and agreed that this contract shall not in any event be in full force and effect for a period longer than one year from date hereof. IN WITNESS WHEREOF, the party of the first part has by resolution of its City Council dated the 5 day of IAA v , �1 11 1941, authorized and directed its corporate name to be signed and its corporate seal to be affixed by the Mayor and City Clerk of the City of Newport Beach thereunto duly authorized, and the party of the second part has caused its corporate name to be signed and the corporate seal to be affixed by its Vice - President and Secretary, thereunto duly authorized by resolution of its Board of Directors this (D ez day of 17Z14At , 1941. \ (SEAL) CITY O7.,NEWPORT BE a Mun p l Cor xlf%n, „ ATTEST y TOWNSEND LAND COMPANY, a Corporation, o _ , -3- L [QQ "61" c ( SEAL) eyy j G Y rN r�p'1JR"Or I:..w CITY O7.,NEWPORT BE a Mun p l Cor xlf%n, „ ATTEST y TOWNSEND LAND COMPANY, a Corporation, o _ , -3- L [QQ