HomeMy WebLinkAbout2209 - Sale of Excess Watern
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RESOLUTION NO.
WHEREAS, pursuant to instructions, the City Attorney of
the City of Newport Beach, California has prepared a contract
in which the City of Newport Beach agrees to sell certain
excess water of said city to TAE IRVIIMF WIMIrf
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.
NOV1, THEREFORE, BE IT RESOLVED: That that certain
contract made and entered into the let day of Aril , 1941
by and between the City of Newport Beach, as the party of
the first part, and M MV11M 00"L'L DYS
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 eii day of
IM&I , 19 41 , by the following vote, to -wit:
AYES, C 1TU C I EN :� —
1J�11� 1�,11MS1T� M
NOES, COUNCILMEN: 11L1SlQ
(SEAL) ABSENT, COUNCIVAEPI: �gT
�ttest_ja
32 11 Newport Beach! California.
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C O N T R A C T
THIS CONTRACT, made and entered into this first day of
April, 1941, by and between the City of Newport Beach, a Munici-
pal Corporation of the sixth class of Orange County, California,
hereinafter referred to as the party of the first part, and
THE IRVINE COMPANY, a corporation of Tustin, 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 purchase
water from the party of the first part for domestic purposes
at the ranch house known as the "Coast Ranch ", and located
near Block 328, near the Corona Del Mar reservoir, City of
Newport Beach, County of Orange, State of California. That the
meter at presat serving said location is a 1" Neptune No. 4460400.
NOW, THEREFORE, THIS AGREEMENT FURTHER WITNESSETH: That
the party of the first part does hereby sellto 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
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 consumed through meter at the following monthly rate:
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VW
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For 5/8 inch meters, first 800 feet or less........; 1930
For 3/4 inch meters; first 800 feet or less........ 1.50
For 1 inch meters; first 1,000 feet or less...... 1.50
For lz inch meters; first 1;300 feet or less...... 1.80
For 2 inch meters. 1;500 feet or less...... 2.00
For 3 inch meters, first 2,500 feet or less...... 3.00
For each additional 100-cu. ft. and up to
10,000 cu. ft., per 100,cu. ft............ .10
For all over 10,000 cu. ft. and up to
40,000 cu. ft., per 100 cu. ft............ .09
For all above 40,000 cu. ft., per 100 cu. ft....... .08
And in addition thereto for each metier in use the
sum of one dollar (M:1.00) per month, all of said payments to be
made monthly and at the time and in the manner provided 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
comply with all rules and regulations of the Water Department
of the City of Newport Beach and such further rules and regula-
tions as the bdater 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 hater Department
of the City of Newport Beach.
It is further mutually understood and agreed by
and between 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 existence of this contract that said City of Newport Beach
has not sufficient excess, water to sell and may thereupon ter-
minate 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 between the parties hereto that none of the provisions of
this contract 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
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part, shall continue to be furnished, and that the water so
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agreed to be furnished shall be furnished only during such time
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as the City Council of the City of Newport Beach may, in its
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judgment, believe that the furnishing of said water will not
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impair the water supply of said City.
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It is further mutually understood and agreed that the
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excess water sold hereunder is only sold from month to month
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during the existence of such excess and this contract may be
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terminated in the manner hereinbefore specified, at any time
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by the City Council of the City of Newport Beach.
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It is further understood and agreed that this contract
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shall not in any event be in full force and effect for a period
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longer than one year from date hereof.
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IN WITNESS WHEREOF, the party of the first part has by
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resolution of its City Council dated the &*" day of� K\
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1941, authorized and directed its corporate name to be signed
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and its corporate seal to be affixed by the Mayor and City Clerk
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of the City of Newport Beach thereunto duly authorized, and the
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party of the second part has caused its corporate name to be
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signed by its Vice - President and Secretary thereunto duly author -
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ized by resolution of its Board of Directors this -' aay of
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5?q° 1941.
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(SEAL)
THE IRVINE COMPANY, a Corporation,