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Home My WebLink About1324 - Sale of Excess Water• 1 RESOLUTION N0. ' ►P� WHEREAS, pursuant to instructions, the City Attorney of the City of Newport Beach, has prepared a contract in which the City of Newport Beach agrees to sell certain excess water of said city to C. C. HOSMER upon the conditions$ covenants and restrictions in said contract set forth; and WHEREAS, said contract has been duly presented by the City Attorney to the City Council of the City of Newport Beach, for its acceptance and approval. NOW, THEREFORE, BE IT RESOLVED: That that certain contract made and entered into the first day of April , 1958) by and between the City of Newport Beach, as the party of the first part, and C. C. HOSMER as the party of the second part, wherein and whereby the City of Newport Beach agrees to sell certain of its excess water upon certain conditions, restrictions and limitations to said party of the second part, be and the same is hereby approved as written. I hereby certify that the foregoing resolution was duly and regularly passed by the City Council of the City of Newport Beach at a regular meeting thereof held on the 10 day of 193 , by the following vote, to�-wit: AYES, COUNCILMEN : e NOES, COUNCILMEN: b-n C) {SEAL)` ABSENT, COUNCILMEN: � est: f y f C O N T R A C T • THIS CONTRACT, made and entered into this let day of April , 19 38, by and between the City of Newport Beach, a Municipal Corporation of the sixth class of Orange County, Calif- ornia, hereinafter referred to as the party of the first part,and C. Co HOSMER of 232 Roswell Avenue# long Bea0, California., _, hereinafter referred to as the party of the second part: -- W I T N E S S E T H - - - That WHEREAS, the party of the first part has declared by ordinance that it has water in excess to supply the inhabi- tants of the City of Newport Beach, which said ordinances are Nos. 292 and 352 of the City of Newport Beach, reference being made thereto for further particulars and the same is by such reference made a part hereof; and WHEREAS, the party of the second part desires to pur- chase water from the party of the first part for service station purposes, which said service station is located at the intersection of the State Highway with the Coast Boulevard in the County of Orange, State of California. That the meter at present serving said location is a r Hersey No. 3356735 NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That the party of the first part does hereby sell to the party of the second part, water upon the following conditions and terms; 1. The party of the second part agrees to install all necessary water equipment, pipe and water connections at his own cost and expense, but under the supervision of the 'Water Superin- tendent of the City of Newport Beach, all materials ;and other f equipment used by him to be first approved by the Water Superin- tendent of the City of Newport Beach. 2. The party of the second part agrees to pay for said water at the rate now charged by the City of Newport Beach, or which may be charged from time to time in the future during the • term of this contract, and in addition thereto for each meter in use the sum of one dollar ($11.00) per month$ all of said pay- ments to be made monthly and at the time and in the manner pro- vided by City Ordinance and the rules and regulations of the Water Department of said City. 3. Said party of the second part will at all times com- ply with all rules and regulations of the Water Department of the City of Newport Beach and such further rules and regulations as the Water Department of the City of Newport Beach may prescribe from time to time during the term hereof, and agrees to pay for all water used by him at.the time and in the manner prescribed by the rules and regulations of the Water Department of said City. It is further mutually understood and agreed by and be- tween the parties hereto that the water herein mentioned is sold under Ordinances Nos. 292 and 352 of the City of Newport Beach and that the City Council may declare at any time during the exist ence of this contract that said City of Newport Beach has not sufficient excess water to sell and may thereupon terminate this contract upon giving ten days written notice to that effect to the party of the second part. It is further mutually understood and agreed by and be- tween the parties hereto that none of the provisions of this con- tract shall mean or be construed to mean that the City of Newport Beach shall be required to sell its excess water or that excess water, once furnished to the party of the second part;, shall con- tinue to be furnished, and that the water so agreed to be furnisY ed shall be furnished only during such time as the City Council of the City of Newport Beach may, in its judgment, belie ye that the furnishing of said water will not impair the water su]�?ly of said City. -2- h � � It is further mutually understood and agreed that the excess water sold hereunder is only sold from month to month during the existence of such excess and this contract may be • terminated in the manner hereinbefore specified, at any time by the City Council of the City of Newport Beach. It is further understood and agreed that this contract shall not in any event be in full force and effect for a period longer than one year from date hereof. IN WITNESS WHEREOF, the party of the first part has by resolution of its City Council dated the A&Lday of ak.v:� 19 IQ authorized and directed its corporate name to be signed and its corporate seal to be affixed by the Mayor and City Clerk of the City of Newport Beach thereunto duly authorized, and the party of the second part has 'hereunto set his hand this day of , 1938. CITY/.OP NEWPORT BEACH, a Municipal Cgiporation, %.` (tEAL) ATTE Party of the second part.