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HomeMy WebLinkAboutC-1794 - Sale of Water Outside the CityCITY OF NEWPORT BEACH CALIFORNIA City Hall 3300 W. Newport Blvd. Area Code 714 673 -2110 DATE March 22, 1976 TO: FINANCE DIRECTOR FROM: City Clerk SUBJECT: Contract No. ;,m 1144 Description of Contract To serve water outside City Authorized by Resolution No. 8720 adopted on March 8, 1976 Effective date of Contract July 1, 1976 Contract with William L. Pereira Associates Address Urbanus Square, MacArthur Blvd. at Ford Rd. (P.O. Box 186) Corona _del Mar, CA 92625 Amount of Contract See Contract City Clerk OFFICE OF THE CITY CLERK RATE March 22, 1976 TO: Thomas 0. Phillips Utilities Superintendent SUBJECT: Serve Water Outside City - WiUiam L. Pereira Associates C -1794 Attached is an executed copy of the Water Contract with William L. Pereira Associates for transmittal to them as requested in your memo of March 16, 1976. City Clark's Office t ! • CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT UTILITIES DIVISIONS March 16, 1976 TO: CITY CLERK FM: Utilities Superintendent SUBJ: ANNUAL WATER CONTRACT The enclosed contract to serve water outside the City has been executed in triplicate by the following purchaser: WILLIAM L. PEREIRA ASSOCIATES Said contract was authorized by the City Council, on March 8, 1976 by the adoption of Resolution No. 8720. Following execution by the Mayor and City Clerk on behalf of the City, please return one copy of the contract to this Department for forwarding to the purchaser. Thank you. TOP:JCB:dc Encl. ,'6, /may ✓'�r'� /%��- %�!``____• Thomas 0. Phillips Utilities Superintendent yn.. is_ • WATER CONTRACT THIS CONTRACT, made and entered into this 22. "ay of s -,gy /�, by and between the CITY OF NEWPORT BEACH, a municipal corporation, hereinafter referred to as "City", and WILLIAM L. PEREIRA ASSOCIATES , hereinafter referred to as "Purchaser "; 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, 1976 , through June 30, 1977 , 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- 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.) -2- IN WITNESS WHEREOF, the City of Newport Beach has by Resolution of the Marsh corporate name to be affixed by the Mayor and Purchaser has exi first above written. City Council on the 8th day of -, 1976 , authorized and directed its signed and its corporate seal to be and City Clerk, respectively, of the City, :cuted this contract as of the day and year CITY OF NEWPORT BEACH By: �TI%h1• Mayor ATTEST: 1 L--'t-p City Clerk WILLIAM L. PEREIRA ASSOCIATES APPROVY 'T FORM. By. Date: 3 9 7 G AT R Title. Vice Pre ident/ anaging Director 8 - By: Title: PURCHASER -3- • 0 5720 RESOLUTION NO. 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 WILLIAM L. PEREIRA ASSOCIATES WHEREAS, there has been presented to the City Council a certain contract between the City of Newport Beach and WILLIAM L. PEREIRA ASSOCIATES, as Purchaser, wherein the City agrees to sell water outside the City to said Purchaser; and WHEREAS, the City Council has considered the terms and conditions of said contract and found them to be fair and equitable; NOW, THEREFORE, BE IT RESOLVED that the water contract between the City of Newport Beach and said Purchaser, with a term from July 1, 1976, through June 30, 1977, both dates inclusive, 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. ADOPTED this 8th day of March , 1976. Mayor ATTEST: City Clerk DDO /bc 3/2/76