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HomeMy WebLinkAbout1477 - Sale of Excess WaterT: IV 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 RESOLUTION NO. 1477 WHEREAS, pursuant to instructions, the City Attorney of the City of Newport Beach haE�prepared a contract in which the City of Newport Beach agrees to sell certain excess water of said city to TOWNSEND LAND COMPANY 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 sixteenth day of January, 1939, by and between the City of Newport Beach, as the party of the first part, and TOWNSEND LAND COMPANY 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 tot the foregoing resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular adjourned meeting thereof held on the 16th day of January, 1939, by the following vote, to -wit: AYES, C QM; rnannw � u, ' BROWN Wit[ iAMSOD5 NOES,N dC%MiWEPo: 140[js: ABSENT B�OVNC��:�E: b9�� (SEAL) ttest: 4 4W: Y �J 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 C O N T R A C T THIS CONTRACT, made and entered into this sixteenth day of January, 1939, by and between the City of Newport Beach, a Municipal Corporation of the sixth class of Orange County, Cal- ifornia, hereinafter referred to as the party of the first part, and TOWNSEND LAND COMPANY of Wilmington, California, here- inafter 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 pur- chase water from the party of the first part for a riding stable, which said riding stable is located in Lot "D" of the Banning Tract, approximately 500 feet northerly of the Coast Highway. That the meter at present serving said location is a 3/4" Hersey No. 1154741. NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That the party of the first part does hereby sell to 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 Breach, all materials and other equipment-used by him to be first approved by the Water Super- intendent 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: [-/Ira � r 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 9M 27 28 29 30 31 32 M ? For 5/8 inch meters, first 800 feet or less.........$ 1.30 For 3/4 indh meters, first 800 feet or less......... 1930 For 1 inch meters, first 800 feet or less......... 1.50 Fpor 12 inch meters, first 800 feet or less......... 1980 For 2 inch meters, first 800 feet or less......... 2900 For 3 inch meters, first 800 feet or less......... 3.00 For each additional 100 cu, ft, and up to 10,000 cu. ft., per 100 cu. ft ............. 010 For all over 10,000 cu. feet and up to 40,000 cu@ ft., per 100 cu. feet .................. •09 For all above 40,000 cu. ft., per 100 cu. ft........ 108 And in addition thereto for each meter in use the sum of one dollar($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 sdLid City. 3. The party of the second part agrees that the water furnished by the City will not be used for any other purpose than for the purpose of conducting a riding stable. 4. Said party of the second part will at all times com- ply with all rules and regulations of the Water Department of the City of Newport Beach and such further rules and regulations as the Water 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 said City. It is further mutually understood and agreed by and be- Itween the parties hereto that the water herein mentioned is sold r Ordinances Nos. 292 and 352 of the City of Newport Beach that the City Council may declare at any time during the tence of this contract that said City of Newport Beach has sufficient excess water to sell and may thereupon terminate contract upon giving ten days written notice to that effect the party of the second,part. It is further mutually understood and agreed by and be- the parties hereto that none of the provisions of this con- shall mean or be construed to mean that the City of Newport ach shall be required to sell its excess water or that excess -2- ow ,„. 1 I water, once furnished to the party of the second part, shall con - 2 I tinue to be furni& ed, and that the water so agreed to be furnish 3 4 5 6 7 8 9 ed 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 10 terminated in the manner0hereinbefore specified, at any time 11 by the City Council of the City of Newport Beach, 12 It is further understood and agreed that this contract 13 shall not in any event be in full force and effect for a period 14 longer than one year from date hereof. 15 IN WITNESS WHEREOF, the party of e first part has by 16 'resolution of its City Council dated the day of 17 1939, authorized and directed its corpora to name to be signed 18 and its corporate seal to be affixed by the Mayor and City Clerk 19 of the City of Newport Beach thereunto duly authorized, and the 20 party of the second part has caused its corporate name to be 21 22 23 24 signed and the corporate seal to be affixed by its President and Secretary, thereunto duly authorized by resolution of its Board of Directors this day of , 1939. 25 26 (SEAL) 28 29 30 32 V CITY/OF NEWPORT BEACH, a Mun ipal C36rioration, TOWNSEND LAND COMPANY, a Corporation,