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HomeMy WebLinkAboutC-1386 - Sale of Water Outside the City0 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. 1386 0 CITY OF NEWPORT BEACH CALIFORNIA DATE July 21, 1971 Description of Contract rue Water rt ; e Cy r Authorized by Resolution No. 7483 , adopted on 7_12_71 Effective date of Contract July 1. 1971 Contract with General Crude oil CoTmmiy Address P, 0 Pox 3,487 Amount of Contract See contract city Cle c City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 WATER CONTRACT THIS CONTRACT, made and entered into this 28th day of June 1971 by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred GENERAL CRUDE OIL COMPANY // to as "City ", and - -� � �oP3s � , hereinafter referred to as "Purchaser "; WITNESSETH: WHEREAS, City has water in excess of that necessary to supply the inhabitants of City and others to whom the City has an obligation to supply water; and WHEREAS, Section 14.04.170 of the Newport Beach Municipal Code provides that the City may sell such excess water outside the City on a month -to -month basis or by contract, with reference hereby made to said Section for further particulars and the conditions under which this contract is made; and WHEREAS, Purchaser desires to purchase excess water for use outside the City of Newport Beach; NOW, THEREFORE, IN CONSIDERATION of their mutual promises and in consideration of the City's furnishing water, the parties agree as follows: 1. The term of this contract shall be from July 1, 1971 , through June 30, 1972 , both dates inclusive. 2. Purchaser agrees to pay a readiness to serve charge and water rates as set out in Sections 14.12.040 and 14.12.090, respectively, of the Newport Beach Municipal Code as they now exist or may during the term hereof be amended. Payments for the water used are to be made bimonthly at the time and in the manner provided by the Newport Beach Municipal Code and the -1- r • rules and regulations of the City. 3. Purchaser will at all times comply with all present rules and regulations of the City pertaining to the furnishing of water and such further rules and regulations pertaining thereto as may be prescribed from time to time during the term hereof. 4. The water sold hereunder is sold only as excess water and is sold in accordance with and subject to the pro- visions of the Newport Beach Municipal Code, and particularly Sections 14.04.170, 14.04.190, and 14.04.200 thereof, which are hereby incorporated and made a part hereof by reference. The City Council may declare at any time during the term of this contract that the City has not sufficient excess water to sell, and may thereupon terminate this contract by giving ten (10) days' written notice to that effect to Purchaser. 5. None of the provisions of this contract shall mean or be construed to mean that City is required to sell its excess water to Purchaser or otherwise, or that such water once furnished shall continue to be furnished. It is understood and agreed that the water to be furnished hereunder shall be furnished only during such time as the City Council may in its judgment believe that the furnishing will not impair an adequate supply for use within the City. Purchaser hereby waives all claims and agrees to indemnify and hold City harmless from all claims, demands, or actions that may result directly or indirectly from the service of water or from said service being discontinued or interrupted for any reason during the term or at the end of this contract. 6. Special conditions: (If none, so state.) The water purchased is for use for industrial purposes on the oil field north of Coast Highway on the Banning Tract in the County of Orange. -2- IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the June corporate name to be affixed by the Mayor and Purchaser has ex first above written. City Council on the 28th -, 1971 , authorized and dire signed and its corporate seal and City Clerk, respectively, ecuted this contract as of the day of -ted its to be of the City, day and year CITY OF NEWPORT BEACH By: Mayor ATTEST: Ciry Clerk CITY GENERAL CRUDE OIL COMPANY /�!� 6. - E. - KABANE- &- 6 OBIS BY: E i° Title: District Mgr. By: Title: -3- PURCHASER mh 6/15/71 0 RESOLUTION NO. 748 3 E A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF A CONTRACT TO SERVE WATER OUTSIDE THE CITY TO GENERAL CRUDE OIL COMPANY, AND RESCINDING RESOLUTION NO. 7469 WHEREAS, by Resolution No. 7469 dated June 28, 1971, the City Council authorized execution of a contract between the City of Newport Beach and G. E. Kadane & Sons as purchaser, wherein the City agrees to sell water outside the City to said Purchaser, for use for industrial purposes on the oil field north of Coast Highway on the Banning Tract; and WHEREAS, it has come to the attention of the City Council that responsibility for operation of the Banning lease was transferred from G. E. Kadane & Sons to General Crude Oil Company, a partner of G. E. Kadane & Sons; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a contract to sell water to General Crude Oil Company for the use above described, is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. BE IT FURTHER RESOLVED that Resolution No. 7469 is hereby rescinded. ADOPTED this 12th day of July, 1971. Mayor ATTEST: City Clerk DO'N:adw 7/8/71 S7s.