HomeMy WebLinkAbout2215 - Sale of Excess WaterRESOLUTION N0.)=2j fif
VdHEREAS, 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 TOWNSEND LAND COMPANY
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.
NOVI, TI-1ERE17ORE, BE IT RESOLVED: That that certain
contract made and entered into the 16thday of January , 1941
by and between the City of Newport Beach, as the party of the
first part, and TOWNSEND LAND COMPANY
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 x h day of )-Tt&j
19 411 by the following vote, to- wit: ( C1V
APES, COUNCILP.IEN:�eecc��(�.��w��p�
NOES, COUNCILhIEN: _
(SEAL) ABSENT, COUIi
ttest:
City Clerk
City of Newport Beach.
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C O N T R A C T
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THIS CONTRACT, made and entered into this sixteenth day
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of January, 1941, by and between the City of Newport Beach, a
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Municipal Corporation of the sixth class of Orange County, Cal -
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ifornia, hereinafter referred to as the party of the first part,
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and TOWNSEND LAND COMPANY of Wilmington, California, herein -
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after referred to as the party of the second part:
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- - - W I T N E S S E T H - --
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That WHEREAS, the party of the first part has declared
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by ordinance that it has water in excess to supply the inhabi-
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tants of the City of Newport Beach, which said ordinances are
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Nos. 292 and 352 of the City of Newport Beach, reference being
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made thereto for further particulars and the same is by such
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reference made a part hereof; and
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WHEREAS, the party of the second part desires to purchase
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water from the party of the first part for a riding stable, which
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said riding stable is located in Lot "D" of the Banning Tract,
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approximately 500 feet northerly of the Coast Highway. That the
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meter at present serving said location is a 3/4" Hersey No.
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1154741.
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NOW, THEREFORE, THIS AGREEMENT FURTHER WITTESSETH: That
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the party of the first part does hereby sell to the party of the
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second part, water upon the following conditions and terms:
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1. The party of the second part agrees to install all
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necessary water equipment, pipe and water connections at his own
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cost and expense, but under the supervision of the Water Superin-
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tendent of the City of Newport Beach, all materials and other
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equipment used by him to be first approved by the Water Superin-
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tendent of the City of Newport Beach.
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2. The party of the second part agrees to pay for said
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water consumed through meter at the following monthly rate:
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For 5/8 inch meters, first 800 feet or less ........... $ 1.30
For 3/4 inch meters, first 800 feet or less........... 1.30
For 1 inch meters, first 1,000 feet or less......... 1.50
For 112L inch meters, first 1,300 feet or less......... 1.80
For 2 inch meters, first 1,500 feet or less......... 2.00
For 3 inch meters, first 2,500 feet or less......... 3.00
For each additional 100 cu. feet and up to
10,000 cu. ft., per 100 cu. ft ............... .10
For all over 10,000 cu. feet 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 meter in use the sum
of one dollar ($1.00 Tier 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. The party of the second part agrees that the water
furnished by the City will not be used for any other purpose
than for the purpose of conducting a riding stable.
4. 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
existence of this contract that said City of Newport Beach has
not sufficient excess water to sell and may thereuporm 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 rm an or be construed to mean that the City of Newport
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Beach shall be required to sell its excess water or that
water, once furnished to the party of the second part, shall con-'
tinue to be furnished, and that the water so agreed to be furnish-
ed shall be furnished only during such time as the City Council
of the City of Newport Beach may, in its judgment, believe that._
the furnishing of said water will not impair the water supply
of said City.
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
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 � day ofa ti ,
1941, 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 caused its corporate name to be signed and
the corporate seal to be affixed by its Vice - President and Secre-
tary, thereunto duly authorized by revolution of its Board of
Directors this day of , 1941.
CITY.OF NEWPORT B' , a
M cipa Corpo Ion,
G
By -
_ M o
(SEAL) ATTES .
ity Clerk
;(SEAL) -`
="l
TOWNSEND LAND COMPANY, a Corporation,
Itr
Vice- Presld t
.3-
e�ry