HomeMy WebLinkAboutSouthern California Water Company - 1948-12-15 AGREEMENT
THIS AGF.i ZMT, made and entered into this „( _ day of a
1948, by and between STATE OF CALIFORNIA. IT3'ARTMIT OF NATURAL RESCUACES, DIVISION
OF BEACHES AND PARKS, and CITY OF HUNTINGTON BEACH, CALIFORNIA) the Virst Parties
and SOUTHERN CALIFORNIA WATER CONPANY, a corporation organized a d oxisting under
*' and by virtue of the lawn of the State of California, the Second Party,
W I T N E S S E T H
WHEREAS, said First Parties desire that water service be provided And
maintained to the area adjacentto Pacific Coast Highway between "All Street and
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State Highway Number 39 as shown on Exhibit "A" attached hereto; and ,
j. WHEREAS, the Second Party is willing to provide said water service to
said property under its applicable rates, rules and regulations now and as here—
after frcm time to time in effect and on file with the Public Utilities Commission
of the State of California;
' MA4, THEREFORE, in consideration of the mutual covenants and agreements
i contained herein and the performance there-If by the Parties hereto, said First
' Parties and said Seconds Party do hereby nut:4ally covenant and agree as follows:
Under the terms hereof Second Party hereby agrees to construct and install
the water mains shown ^n the plan hereto attached and marked Exhibit "A" . Unless
' > prevented by nonavailabi?.:i.ty to it of the necessary materials or labor or by other
reanons beyond its control, said Second Party shall commence the work of such
construction and installation at a time mutually agreeable and suitable to the
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i construction schedules of both parties hereto and shalt prosecute the sane
diligently to completion. This undertaking by Second Party is, however, fueber
conditioned that 1 said First Parties shall have agreed to make( ) g payment to
said Second Party as required by Article III hereof; and (2) said Second Party,
without cost to it, shall have been furnished by said First Parties with perLdts
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or similar rights in favor of said Second Party for the construction, installation
+ and maintenance of said water mains.
+ In the event that within six months after they date hereof (i) said
i First Parties shall have failed to furnish the afrrosaid permits or similar
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rights, or (ii) said work has not actually been commenced, then in such event-
this agreement may be terminated at the option of either party hereto by and
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upon the giving of writtrn notice of such termination to the other such party.
Neither party shall incur any liability for damages on account of such termination. `
Motors and necessary service connections from the said rains therato,
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are not a Fart of the work above referred to or an item of cost referred to in
Article III hereof, and are not included in the pipes in the aid of construction
ccntemplated by this agreement.
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Said First Parties horaby disclaim, in favor of the Second Party, all
.' right, title and interest in and to said water rains and horaby covenants and
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agrees 94o transfer and assign to the said Second Party, and does hereby transfer
and assign to the said Second Pa,:ty, any and all right, title and interest,
�x either joint or several, which the First Parties may have in and to the water _
mains and appurtenances included in said plan hereto attached as Erhibi.t "A".
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Said First Parties agree to pay to the Second Party upon completion
of construction of said water mains hereinabnve mentioned the sums of
$21.,045.00 by the Stage of California
7 jg.00 by the City of Huntington Beach
;. $18,409.00 Total
upon demand of the Second Party.
Said Second Party hereby agrees to refund, without interest, to the
First Parties annually during the month of January of each year after commence--
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ment of rendition of service b the Second Part through said water mains a
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sum equal in each instance to thirty.-five per cent (35%) of the gross revenues
collected by Second Party from consumers whose lines are connocted tc said
water mains during the twelve (12) calendar months irnediately preceding the
t, month during which such refund shall mature; payment of uktch refund to continue
` for a Period of not exceeding thirty (30) years from the date of uhis agreemnnt
(said -thirty-yeas period being, hereinafter referred to as the "term of this
agreement"); provided, however, that the tot2l of all such refunds shall not
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t .* exceed the net amount aid by First Parties urauant to Article III hereof.
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t +' The prorata share of such refunds shall be:
A. State of California 60
B. City of Huntington Beach —LOX
Total 100;b
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v.
No municipality, county, political subdivision, public corporation or
other pt+bl.ic agency which may acquire said water rains or any portion thereof
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shall incur any obligation under this agreement, either as to payment of refunds
or otherwise, and shall not be bound by this agreement. In the event of any such
acqu ktinn refunda referred to under Article IV of this agreement shall, sub-
sequent to such acquisition and during the renzinder of the term of this agree--
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+` ment, continue to accrue and be payable pursuant to the provisions of Article IV
` hereof except ss modified by the provisions of thii Article V. Second Party will
make an estimate at the time of such acquisition of the gross revenues which would
4 have been collected by it during the remainder of the term of this agreement from
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? consumers whose lines are connected to said mains so acquired. This estimated
revenue will thereafter be the bxisis for refunds with renpect to the mains so
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acquired. However, if the net :selling price received by Second Party for said
water mains or portion. thereof so acquired shall be less than the cost (as Above
defined) thereof, the total amount of refunds for said remainder of said terns shall
be reduced in the same proportion as said net selling price of said water mains, ,
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or portion so acquired, is reduced below said cost. If said water mains or
portion thereof shall be so acquired with other property, of Second Party for a
lump sum selling price, the net selling price of the water mains so acquired i
shall be that portion of said leap stun as Second Party shall determine fairly
x� to represent the net selling price thereof. In the event of any acquisition
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referred to in this Article V the obligation of Second Party to pay refunds
during the remainder of the term of this agreement rwy, by mutual consent
between the Parties hereto, be discharged by payment to First Parties of an agroed
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r, lump sum. In no event shall the total of all, refunds for the entire term of
tb3.s agreement exceed the maximum thereof as fixed by said Article IV. In the
event of any dispute between the Parties hereto as to the amount of refunds
payable pursuant to this Article Vp either of the Partien hereto may refer the
matter to the Public Utilities Commission and the determination of said Commission
on the matter so submitted shall be final. and binding upon both Parties hereto.
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.!' Said Second Party, at all times during its ownership of said Water
mains, shall afsnume all liability for maintenance and operation of said water
mains, and shall at all timen pay all liens and/or taxes and/.or assessments of
any nature whatsoever which may be levied upon said water mains or any part thereof.
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It, is mutually agreed between the Parties hereto that notwithstanding
the payment mado by the First Parties pursuant to Article III hereof, said water
mains and all improvements, betterments and extensions of said Water mains,
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together with the necessary franchises, licenaes, easementsp rights-cf-way and
other privileges, shall at, all times be and remain the property, and be under the
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{i control of the Second Party, unless and until disported of by it, and shall at all
: r times be subject to the applicable rates, rules and regulations of. the Second Party
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as from tire to time in effect and on file with the Public Utilities Comanission.
This agreement shall automatically bind and inure to the 'Jenefit of the
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respective and several successors rind assigns of the Parties hereto.
ka VIII.
Thin agreement shalt at all times be subject to such changes or modifica-
tions by the Public Utilities CornAnsion of the State of California as said
Gommission may, from tire to tune, direct in the oxerc-se of its jurisdiction.
' IN WITi-JESS WHEREOF, said STATE OF C BT.TFORNIA, DEPARTI.01T OF ;1A.11111 AL
RESOURCFS, DIVISION) OF BEACHES XID PARKS, and CITY OF H ITLINGTON BEACH, CALITM)RIIIA, �
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First Parties, have: caused their names to be hereunto subscribed by duly authorized
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officers, and their corporate seals duly affixed; and SOUTHUR,y CALIFORNIA W41TER.
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COMPANY, the Se.:ond Party, has caused its corporate name to be hereunto subscribed
by its President and its corporate seal duly affixed and attested by its Secretary,
all being dcno as of the day and year first above written.
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STATE OF CALIFORNIA
DEPARTWNT OF NATURAL RESOURCES
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DIVISION OF BEACHES AND PARKS
By
yr 11TY ',1III Ee.-
Division off Beaches & r'.arla
__. _.._-._. CITY 0 NNTING7%; BEACH, CALIFORNIA
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1 First Parties
1 ' - `►SO HE
RN CALIFDRNIA WATER COMPANY
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ATTESTED: President
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Secretary
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NAtfK CUMAl1$gia" WARREPI T. HANNUM
oinKGTOR OF NATURAL R[SoupCCS
MP R. RNOWLAP%O,CHA4111AAM A I. HENNING 1
OAR t.Ahn CHIEF. DIVIVON OF elACHCS
AND•PARRS
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' i ►trlwo•1 t liRAKGN OFFICES
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4 CNaNLRS •A6C/1 STATE OF CALIFORNIA ./7►InN•.e«tw. alar►r
VAN FAANCISCO
U•IAN
atrspat .. nrorr litti�i«it oaf jell Clies (attic Parks
yu ncal.l A R,nn
'• a•V r4i/ac *al .0 a/RIhC a•Rttl
Depmrtment of -Nutund Itromirrrs tot Arlrsttts Ia
.. IR,. alYrC[N7H alnttr FEB 2
1ACRAMFNTO 14
3 41. City of Huntington Beach. I'MnCT:
Huntington Beach, glif, Standard Service
.. Hgr/ee vent 'No . B-261-195
Park-Huntington Beach State
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Attached herewith is your copy of the Stan-
d� rd service Agreement wl th the Depart«ier.t of Finrance
approval
i�u�p ozapprovalaffixed thereto .
.i�ti st
a .. This is your authority to proceed is accord- s.
anc- with the above service agreement .
:� yl six months
Work is to be con, OU= rT � ,rx D
x�g. aft -.r date of receipt of agreement approved
February 143 1249 9 and shall not exceed the sum
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' In order to comply with the bond provisions
} x. covered b this contract kindly have the labor and
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n,ate1L i�.l hand executed on the enclosed forms . The
ori.;ginal copy is to be forwarded to the Department
* r of ,,L: tur>al Resources, Departmental Accounting Of-
` £icer , ?.,ry ]" Aronstein , State Office Building; , Sacra-
rt�nto , 14, G-lifornin . Flense do not substitute
P31a '' another form of bond as this is the only form approved
by the Attorney General for State use .
�r Upon the clo,npleti.on of the contract, payment
is obtained by submitting invoices in Triplicate to
: Ir . _'% ronstein at the above address . If an invoice
f; is not -endered on a printed bill , each one must be
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' signod by a responsible official or representative
of your concern .
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t' Yours very truly
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r 1,t►l , .. •,tt 4� RON D IIL /R
• � i .,t„,t... t, ..!el Nlrj It
Sen. 1 senior Accountant
cc : Park Huntington Beach
( 3upt ► ►Ym. Kenyon
.1 rngineerinC & Punning
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