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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