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HomeMy WebLinkAboutReso. 1990-443 - Approving agreement for untreated water service to Lake Redding Golf Course Leah F. McConnell J RESOLUTION NO. 90--e7/93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE "AGREEMENT FOR UNTREATED WATER SERVICE TO LAKE REDDING GOLF COURSE" BETWEEN THE CITY OF REDDING AND LEAH F. McCONNELL. IT IS HEREBY RESOLVED by the City Council of the City of Redding as follows: 1 . That the City Council of the City of Redding hereby approves the "Agreement for Untreated Water Service to Lake Redding Golf Course" between the City of Redding and Leah F. McConnell, a true copy of which is attached hereto and incorpo- rated herein by reference. 2 . That the Mayor of the City of Redding is hereby authorized and directed to sign said Agreement on behalf of the City Council of the City of Redding; and the City Clerk is hereby authorized and directed to attest, the signature of the Mayor and to impress the official seal of the City of _Redding thereto. I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of the City of Redding on the 4th day of September , 1990 , and was duly adopted at said meeting by the following vote: AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Buffum NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Dahl ABSTAIN: COUNCIL MEMBERS: None ANC�UFFUM ayor ;_„ City/of Redding _ =, � ATTE#:>='---" , FO PPROVED: 'a�y , ETHEI; [�-IGHO A , `ty Clerk NDALL A. HAYS City Attorney 7t ., ,/ .a,, '' r' v AGREEMENT FOR UNTREATED WATER SERVICE TO LAKE REDDING GOLF COURSE THIS AGREEMENT, entered into this day of , by and between Leah F. McConnell, hereinafter referred to as "LFM" and the CITY OF REDDING, a municipal corporation and general law city, hereinafter referred to as "City": WITNESSETH: WHEREAS, for many years City has provided untreated water to the Lake Redding Golf Course solely for irrigation purposes, using as a source a well owned by Southern Pacific Company, hereinafter referred to as "SP" which City has leased for many years; and WHEREAS, under the lease between City and SP, City is responsible for the continued maintenance of the pumps and motors in said well and is obligated to return the well to SP in as good or better condition than it was at the time of the original leasing, in the event of any cancellation of the existing lease; and WHEREAS, the sole use of water from said well is and has been for irrigation service to the Lake Redding Golf Course; and WHEREAS, SP has expressed its unwillingness to lease the aforesaid well to any private party for a. private purpose; and WHEREAS, it is deemed by the City Council to be in the best interests of City, its citizens and the public in general to make this water available to the Lake Redding Golf Course and to preserve the water rights of any kind or nature represented by this well through its continued use and operation; NOW, THEREFORE IT IS AGREED by and between the parties hereto as follows: - 1. City agrees to deliver to LFM through existing water lines to the Lake Redding Golf Course as much of the water from such well source as LFM needs to irrigate the golf course up to the total amount of water produced by the existing pumps and motors or any replacement thereofof equal size and capacity, and to maintain the existing pumps, motors and water lines from the well to the golf course and, if necessary, to replace same for theterm of this agreement, subject to the terms and considerations set forth below. 2. The term of this agreement shall be ten years • commencing November 1, 1990, and terminating October 31, 2000. This agreement may be extended for an additional period by mutual written consent of the parties hereto. 3. This Agreement may be terminated as follows: (a) City may terminate this agreement: (i) in the event LFM fails to comply with any of the terms and conditions herein contained to be performed by LFM within thirty (30) days after notice by City to LFM of the existence of a breach of such term, condition or agreement and LFM's continuation of the aforesaid breach; (ii) in the event SP terminates the lease with 2 V G the City for use of the well; (iii) on the failure of LFM to comply with any lawful notice given by City to pay rent or to quit the premises; (iv) should Lake Redding Golf Course cease to be a golf course open to the public. b. LFM may terminate this Agreement upon giving City ninety days written notice. 4. As consideration for the water service provided by City herein, LFM covenants and agrees to pay to City, monthly, in arrears, on or before the fifteenth day of the following month during the term of this agreement, the following sums of money: a. Thirty and 00/100 ($30.00) per month as provided for below; At the time of commencement of this Agreement, a fund with a balance of $5,000.00 shall have been established. The fund shall be used for the purpose of repairing, and replacing the pump, pump motor, and other equipment, the subject of this Agreement. At such time as the total sum in the account drops below $5, 000.00, the sum of Thirty and 00/100 Dollars ($30.00) per month shall be paid to City to increase the account to cover the cost of repairs and or replacement as described herein. At such time as the total sum in the account reaches $5, 000. 00, payments shall cease until such time as pump and motor repairs are made and replacement of all or a portion of such funds again becomes 3 necessary. At the termination of this Agreement, City shall refund the balance in the account to LFM. b. Twenty Five and 00/100 Dollars ($25.00) per month throughout the term of this agreement as and for an offset charge to cover the cost to the City of the maintenance of the pumps, motors and lines required to continue the water service to LFM as provided for herein. c. $382 .00 per month for electrical energy required to power the pumps and other incidental needs; d. An annual water charge calculated as follows: Annual metered flow in acre feet x 0. 15 x $9.00 per acre foot. 5. LFM covenants and agrees that none of the water furnished pursuant to this agreement shall be used for domestic purposes and covenants and agrees that she shall hold City, its officers, agents and employees, harmless from any and all claims of injury by any persons whomsoever, arising out of the domestic use of the aforesaid water. 6. It is further covenanted and agreed by LFM that nothing in this agreement shall create any interest in LFM in and to said well or any water lines attaching to said well beyond the rights to water service as expressly provided for by the terms of this agreement. 7. If LFM should default as to any of the conditions, covenants and agreements herein contained and City, having knowledge of such breach, should not take advantage of the same, 4 V such failure on its part shall not be construed as a waiver of such conditions, covenants or agreements and the right of termination shall remain in full force and effect unless expressly waived in writing, nor shall the right to give or withhold consent in any case be deemed to be waived on account of a prior waiver thereof. 8. Time is of the essence of this agreement and each and every provision hereof. 9. Any notice or demand that may be given by either party hereunder, including notice of default and notice of termination, shall be deemed to have been fully and properly given when made in writing and enclosed in a sealed envelope and deposited in the United States mail with postage prepaid, addressed as follows: LFM at P. O. Box 930, Redding, CA 96099; and to City at Office of the City Clerk, 760 Parkview Avenue, Redding, California 96001. 10. If LFM should be adjudged bankrupt either by voluntary or involuntary proceedings or make an assignment for the benefit of creditors or said premises should come into possession and control of any trustee in bankruptcy, or if any receiver should be appointed in any action or proceeding with power to take charge, possession, control or care of said property, City shall, subject to paragraph 13, have the option to forthwith terminate this agreement and to reenter the said premises and take possession thereof. In no event shall this agreement be deemed an asset of LFM after adjudication in bankruptcy. 11. LFM shall maintain, during the term of this agreement, 5 public liability insurance insuring herself and City, its officers, agents and employees, of not less than the sum of $100, 000. 00 for injury to one person and $300, 000.00 for any one occurrence, and such insurance shall protect LFM and City, its officers, agents and employees, from any and all liability whatsoever including any liability resulting from the use or consumption of any of the water delivered by City pursuant to the terms of this agreement to the Lake Redding Golf Course. 12 . Except as provided for in paragraph 13, LFM shall not, without prior written consent of City, assign this agreement, or any interest therein, or underlet or sublet the whole or any part of the water to be provided pursuant to the terms of this agreement. Any purported assignment, either direct or by operation of law or under or in pursuance of any order, judgment, decree or process of any Court, shall be wholly void and shall, at the option of City, work a forfeiture of this agreement. The consent of City to the first or any other assignment shall not be a consent to any subsequent assignment, but the prohibition against assignment without consent shall continue in force as against any assignee. 13 . Nothing in this Agreement shall prohibit LFM from assigning her rights, under this agreement without prior written consent of City, to the then operator and or lessee of the real property commonly known as Lake Redding Golf Course. 14. Subject to the prohibitions herein respecting assignment, underletting or subletting, all conditions, covenants 6 and agreements herein shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement in the day and year first above written. CITY OF REDDING • By LEAH F. McCONNELL ATTEST: ETHEL A. NICHOLS, City Clerk FORM APPROVED: RANDALL A. HAYS, City Attorney 7