HomeMy WebLinkAboutC-1008 - Water & sewer service to land outside City4.
TH :mec
9/;2/65 (8)
01
F?
AGREEMENT TO PROVIDE CITY WATER AND
SEWER SERVICE TO LAND OUTSIDE THE CITY
THIS AGREEMENT, made and entered into this 25th day of
311l detoher , 1965, by and between the NEWPORT MEDICAL CORPO:
4l hereinafter referred to as "Purchaser ", and the CITY OF NEWPORT
5 BEACH, hereinafter referred to as "City";
6 WITNESSETH:
711 WHEREAS, Purchaser is the owner of certain real property
811located outside and adjacent to the boundaries of the City of Newp
91 Beach, which property is described as follows:
10I That portion of Lot 172, Block 1 and that portion of Lot 169,
Block 2 of Irvine's Subdivision in the County of Orange, State of
11I California as per map recorded in Book 1, page 88 of Miscellaneous
li Record Maps in the office of the County Recorder of said County
12 described as follows:
13 Beginning at the intersection of the centerline of Placentia Ave-
nue 60.00 feet in width lying southeasterly of Superior Avenue
14 as described in Book 2186, Page 236 of Official Records of said
Orange County with the northerly boundary line of the City of New -
15 port Beach as shown on "The Presbyterian Hospital of Orange County
annexation as per City Ordinance No. 558; thence North 22° 32' 32
vest 397.23 feet along said centerline of Placentia Avenue; thenc
16 leaving said centerline South 39 45' 16" West 477.22 feet to an
intersection with the westerly prolongation of said northerly
17 boundary line; thence easterly 457.47 feet along said westerly
prolongation and said northerly boundary to the point of beginning
18 Except that portion thereof lying northeasterly of the southwest-
19 and erly line of -said Placentia Avenue, 60 feet in width;
2011 WHEREAS, Purchaser has requested that the City Council
2111rize it to connect with and use the City water and sewer facilities
2211serve a medical office building to be constructed on said property;
231 WHEREAS, City has water resources available in excess of
24 that necessary to supply the inhabitants of the City; and
25 WHEREAS, Section 7241.2 of the Newport Beach Municipal
26 provides that the City may sell such excess water outside the City on
27 a month -to -month basis or by contract subject to certain terms and
28 conditions contained therein which are expressly made a part of this
29 agreement; and
30 WHEREAS, Section 7112 of the Newport Beach Municipal Code
31 provides that no person shall connect property located outside of the
32 City with the City Sewer System, without a written permit from the
33 City Council;
I
�i
�i NOW, THEREFORE, in consideration of their mutual promises
i '
11 the parties hereby agree AS.follows:
21 1. City agrees Oat Purchaser may make connections with
3; the City's water and sewer systems in order to provide water and
4i sewer service to the above described real property.
5i 2. The term of this contract shall be from October 1,
6I 1965, through September 31, 1 %6.
7 3. The Purchaser will at all times comply with all
81present ordinances, rules and regulations of the City pertaining
9!to the furnishing of water and sewer service and such additional
10 rules and regulations pertaining thereto as may be adopted during
i
11 the term of this agreement.
12 4. it is understood and agreed that the water to be
13 furnished hereunder shall be furnished only during such time as the
14 City Council of the City may in its judgment believe that the
15lfurnishing will not impair an adequate supply for use within the
16 City. Purchaser hereby waives all claims and agrees to indemnify
17 and hold City harmless from all claims, demands, or actions that
18 may result directly or indirectly from the service of water or from
19 said service being discontinued or interrupted for any reason during
20 the term or at the end of this contract.
21 5. Purchaser agrees to pay the following fees and
22 charges as consideration for the services to be furnished by the
23 City:
24 (a) A readiness to serve charge and water rates as
25 set out in Sections 7211 and 7211.4, respectively, of the
26 Newport Beach Municipal Code as they now exist or may during
27 the term hereof be amended. Payments for the water used are
28 to be made bimonthly at the time and in the manner provided by
29 the Newport Beach Municipal Code and the rules and regulations
30i of the City.
31 (b) A sum of money equivalent to the excise tax
32 which would have been payable to the City pursuant to the
2.
R
21
31
4'
51
6
7
8
9
10
11
12
131
141
151
16
17
18
19
20
21
22
23
24
25
26
27
28
29
301
311
321
I
provisions of Articlik VI, Chapter 8, of the Newport Beach
Municipal Code (Excise^44ax, Property Development) if said
property had been located within the City limits. The sum
of money to be paid by Purchaser shall be calculated upon
the basis of any improvements existing on the property as of
the commencement of the term of this agreement and shall
any improvements subsequently constructed on said property
while this agreement is in effect.
(c) A sewer connection fee in accordance with the
provisions of Section 7108 of the Newport Beach Municipal Code.
6. The layout and design of the connections with the
City water and sewer systems shall be in accordance with the
ments of the Public Works Director of City.
7. Purchaser further agrees that as part of the con-
sideration for the services to be furnished by the City it will,
upon the request of the City, initiate the necessary proceedings
to cause said property to be annexed to the City of Newport Beach
and will cooperate in all respects with the City to accomplish the
completion of said annexation proceedings.
8. Any failure of Purchaser to comply with any of its
obligations under this agreement shall constitute grounds for
immediate termination of the services to be furnished by the City.
9., This agreement is made subject to the provisions of
Sections 7114 of the Newport Beach Municipal Code relating to sewer
connections outside the City and Section 7241.2 of the Newport Beach
Municipal Code relating to the sale of excess water outside the City
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
NEWPORT MEDICAL CORPORATION CITY OF,.JTE ORT EA
.r°
By
Mayor
Attest- Attest:
is / /; "i ,,/ oaPPnOVrTa a ®�Mty c er
PURCHASER Date.i: OQ-7� �e /PLj CITY
3. CfIZ_AAT 702;tiEy
gY
Taw V, J I
a
0
November 2, 1965
Carpenter and Rutter
Attorneys at Law
901 Dover Drive
Newport Beach, California 92660
Attention: Dennis E. Carpenter
Gentlemen:
The City Council, at their meeting on October
25, 1965, approved the agreement with Newport
Medical Corporation to provide pity water and
sewer service for its medical office building
and authorized execution thereof on behalf of
the City.
As requested in your letter of October 12, we
enclose r;io executed copies of the subject
agreement together with two copies of the
resolution authorizing its execution.
Very Truly yours,
Tully H. Se3nmour.
TI-IS :mec City Attorney
Fncs.
cc:Margery Schrouder,
City Clerk
0
0
September 22, 1965
Carpenter and Ru::ter
Attorneys at Law
901 Dover Drive
Newport Beach, California 92660
Attention: Dennis E. Carpenter
Gentlemen:
Enclosed is an agreement providing for City
water and sewer service for the Newport Medical
Center building.
Please have the agreement executed in duplicate
under seal by two officers of the corporation
and return it to us for presentation to the City
Council. The next scheduled Council meeting is
on October 25.
If you should have any questions regarding the
agreement, please give me a call.
THS:mec
Encs.
cc - City Clerk
Yours very truly,
Tully H. Seymour
City Attorney
h
1
2
3
4
5
6
7
8
9
10
11
12'
13
14
15
16
I
17'
18
19
20
I
21
22
23!
24
25:
26!
27
28
29
30
31
32
:Uec
13/63 (12)
RESOLUTION go. 6238
A RESOLUT1014 OF '11W CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH NEWPORT MEDICAL CORPOUTION TO
PROVIDE CITT WATER AND SEWER SERVICE TO LAND
OUTSIDE THE CITY
WHEREAS, there hag been presented to the City Council of
the City of Newport Beach.a certain contract between the City of
Newport Beach and Newport Medical Corporation under .which the City
is to provide City water and sewer service to certain land outside
the City owned by said corporation; and
WHEREAS, the City Council has considered the terms and
conditions of said agreement and found them to be reasonable and
equitable and in the interests of the City;
NOW, THEREFORE, BE IT RESOLVED that said agreement be
approved and the Mayor and City Clerk are hereby authorized and
directed to execute the same on behalf of the City of Newport B
ADOPTED this 25th day .ef October , 1965.
—7_
ATTEST:
�`city Clerk
City Clerk
i
November 1, 1965
City Attorney
City Clerk
Agreement with Newport Medical Corporation for City
water and sewer service
In accordance with your request, two copies of the Agreement between
the City and Newport Medical Corporation have been fully executed and
are attached hereto for transmittal to the attorneys for the Newport
Medical Corporation.
MS:lcl
Encl.
Margery Schrouder
City Clerk
TO: Finance Director
FROM: City Clerk
SUBJECT: Contract
Contract No. 1008
0
Date October 25, 1965
Authorized by Resolution No. 6238 , adopted on October 25, 1965
Date Mayor and City Clerk executed Contract October 26, 1965
Effective date of Contract October 1, 1965
Contract with Newport Medical Corporation
c/o Carpenter and Rutter
Address 901 Driver Drive
Newport Beach, California 92660
Brief description of Contract Agreerwnt to provide City water and sewer
service to land outside the City
Amount of Contract —
City Clerk
W
CITY OF NEWPORT BEACH
CITY FATTO �.,
ERF
October 14, 1965
To: City Clerk
From: City Attorney
Subject: Agreement with Newport Medical Corporation for
City water and sewer service
Transmitted are the original and three copies of the subject
agreement under which the City will provide City water and
sewer service to certain land outside the City owned by Newport
Medical Corporation. You will note that the agreement has been
executed in triplicate by the Purchaser.
The attached resolution, if adopted by the City Council, will
authorise execution of the agreement on behalf of the City.
After the agreement has been fully executed, it is requested
that you return two executed copies to us for transmittal to
the attorneys for Newport Medical Corporation.
THS:mec
Encs.
cc - City Manager
Public Works Director
�� z V
Tull . Seym
City Attorne�
y C1
TY �6
OCT] 4
%A / OF
ry
CARPENTER AND RUTTER
The Hon. City Council of Newport Beach (,
City Hall ^ -
Newport Beach, California
RE: Newport Medical Corporation, Application
to City Council for Consent to Receive Sewage
and Water Services.
Gentlemen:
Ch,.� -Ii
AREA CODExx 714
TELEPHONE 646 -2476
CITY OF
PJEWPORi BEgCpi.
CALL'.
This office represents Newport Medical Corporation, a
corporation, on whose behalf we write to request the consent of the
City Council of Newport Beach that said corporation may attach to
and become a user of sewer and water facilities of the City for a
medical office building for the corporation which it will construct
on Placentia Avenue, immediately adjacent to Hoag Memorial
Hospital.
_ Said real property is located without the boundaries of
the City of Newport Beach in Orange County, and is legally described
as follows:
I ° "ii�!TON:
aao Those portions of Lot 172 in Block 1 and 169 in
e � Block 2 of Irvine's Subdivision, in the City of
Newport Beach, County of Orange, State of Cal -
lJ, •ifornia, as per map recorded in Book 1, page 88,
o�r�:;4�c1rof Miscellaneous Record Maps, in the Office of the
,��,,.,.••'+Qy���� Tlk,ounty Recorder of said County.
The specific plan for said services will be submitted to the
Building Department of Newport Beach by the corporation's architects,
William E. Blurock & Associates. If any additional information is re-
quired, please request same from the undersigned and it will be fur -
nished you forthwith.
DEC /lj
Ver truly yours,
Dennis E. Carpenter for
c '' CARPENTER AND RUTTER
I
ATTORNEYS AT LAW
DENNIS E.CARRENTER
J. E. T. RUTTER
9 0 1 DOVER D R I V E
THOMAS..HENDERSON, JR.
POST OFFICE BOX 1635
HALL SEELY
NEWPORT BEACH, CALIFORNIA 92664
DONALD R.WAGNER
July 27, 1965
The Hon. City Council of Newport Beach (,
City Hall ^ -
Newport Beach, California
RE: Newport Medical Corporation, Application
to City Council for Consent to Receive Sewage
and Water Services.
Gentlemen:
Ch,.� -Ii
AREA CODExx 714
TELEPHONE 646 -2476
CITY OF
PJEWPORi BEgCpi.
CALL'.
This office represents Newport Medical Corporation, a
corporation, on whose behalf we write to request the consent of the
City Council of Newport Beach that said corporation may attach to
and become a user of sewer and water facilities of the City for a
medical office building for the corporation which it will construct
on Placentia Avenue, immediately adjacent to Hoag Memorial
Hospital.
_ Said real property is located without the boundaries of
the City of Newport Beach in Orange County, and is legally described
as follows:
I ° "ii�!TON:
aao Those portions of Lot 172 in Block 1 and 169 in
e � Block 2 of Irvine's Subdivision, in the City of
Newport Beach, County of Orange, State of Cal -
lJ, •ifornia, as per map recorded in Book 1, page 88,
o�r�:;4�c1rof Miscellaneous Record Maps, in the Office of the
,��,,.,.••'+Qy���� Tlk,ounty Recorder of said County.
The specific plan for said services will be submitted to the
Building Department of Newport Beach by the corporation's architects,
William E. Blurock & Associates. If any additional information is re-
quired, please request same from the undersigned and it will be fur -
nished you forthwith.
DEC /lj
Ver truly yours,
Dennis E. Carpenter for
c '' CARPENTER AND RUTTER
I