HomeMy WebLinkAboutC-2747 - Sale of Water Outside of CityCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 6443005
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TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 14, 1989
SUBJECT: Contract No. 2747
Description of Contract Sale of Water Outside of City
Effective date of Contract April 1, 1989
Authorized by Minute Action, approved on April 10, 1989
Contract with William W. Lange
Address Lange Financial Corporation /Real Estate Marketing Service
2418 MacArthur Blvd.
Newport Beach, CA 92660 -5227
Amount of Contract (See Agreement)
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Wanda E. Raggio
City Clerk
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Attachment
3300 Newport Boulevard, Newport Beach
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WATER CONTRACT
THIS CONTRACT, made and entered into this
day of April
I -1
1989_, by and between the CITY OF
NEWPORT BEACH, a municipal corporation, hereinafter referred
to as "City" and LANGE FINANCIAL CORPORATION
hereinafter referred to as "Purchaser ";
W I T N E S S E T H:
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
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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 April 1,
1989 , through March 31 1 1990 , 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
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the water used are to be made bimonthly at the time and in the
manner provided by the Newport Beach Municipal Code and the
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 provisions
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.
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6. Special conditions: (If none, so state.)
NONE.
IN WITNESS WHEREOF, the City of Newport Beach has,
by Minute Action of the City Council on the 16�- � day of
1989, authorized and directed its
corporate name to be signed and its corporate seal to be
affixed by the Mayor and City Clerk, respectively, of the City,
and Purchaser has executed this contract as of the day and
year first above written.
CITY OF NEWPORT BEACH
B
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Mayor
ATTEST:
CITY
APPRWED AS TO FORM:
W �/� �/ L �
By
Title:
a _ PURCHASER
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TO: CITY COUNCIL
FORM: Utilities Director
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April 10, 1989
CITY COUNCIL AGENDA
ITEM N0. F -3(a)
SUBJECT: SALE OF WATER OUTSIDE OF CITY
RECOMMENDATION:
DISCUSSION:
3Y TF' .ITY �OU4CIL
CITY :h .'iEWPORT BEAC
APR 10 1988
APPROVED
Approve contract authorizing the sale of water outside the
City from April 1, 1989 through March 31, 1990, both dates
inclusive, to LANGE FINANCIAL CORPORATION located at
2418 MacArthur Boulevard.
Section 14.04.170 of the Municipal Code provides that the
City may sell water to consumers outside the City but within the
boundaries of either the Coastal Municipal Water District or Orange
County Municipal Water District. The Municipal Code further provides
that water must be sold under contracts which may not continue for
longer than one year and each contract may be cancelled by the City
upon 10 days notice.
The rates are the same as for water used inside the City.
The address listed above, 2418 MacArthur Boulevard, has been
served by the City's water system for many years. (Map attached).
Robert J. Dixon�-''
Utilities Director
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Attachment
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