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HomeMy WebLinkAboutResolutions - No. 113211 RESOLUTION NO. 32 BE IT RESOLVED By the City Council of the City of Lodi of San Joaquin County, California, that said city shall make and enter into a contract with Charles Mortenson in the same words, figures and form as copy of the proposed contract hereunto annexed, marked "EXHIBIT A", and made a part hereof; and that, for and on behalf of said city, the Mayor of said city is authorized to sign the same and the city clerk is authorized to attest the same and affix the seal of said city thereto. The foregoing Resolution was and adopt by Vi' 404414n Qowt s Cal2.farnias at a r 007 SOOMOil Star OM, of lPIac.et` at` U at the City Sall in said tiity 4 Arid day of , fir duly and regularly passed . 5. tsr of said 4.* ts 4410in- 11iOO o'clock P.Y. of said day, by the following vote: ILLS : Coaas il1en NOS: Cotesil*,n Noao SENT: Cosnoilaien Nems Dated: 4411-242..adi Ceftd, ,isma, Logo ea 1413. 04,0 1942. mayor atm^ rrimidimt or kno City 0ounoil of said City of . Lodi Attest: THIS CONTRACT, Made and entered into this 25th day of June, 1942, by a d between CITY OF LODI, a Municipal Corpor- ation of the Sixth Class of San Joaquin County, California, party of the Circ t part, and CHARLES PORT218O8 of said County and Stat., party of the seoond pest; 1f MSS WMAN48, first party is a municipal corporation engaged in tbo business of pumping and supplying eater to inbalrttsnts of said oily; and whereas second party is the eager of lit eteFt pas p� L©t y 1 f situated in said city eieacrribed as arni Ma�ed1 ,Lot in the raoa ac rac If i Barnhart Tract,, upon a part of vi; t''h seems party hal a residence and upon a part of whloh second party has A browing. vineyard, ROW, °r Ft tE aliE, it is hereby mutually understood and agreed, as f01101st 1, That, forr the teas of this contract, first party agrees to supply water to second party, to be c3e1ivored at a convenient plane to we approved by the city upon second partl*a said land, for the purpose of irrir7,*tine the said vineyard, in cubetantielly tht sane quaraity par year a8 hos heretofore been used by second party in recent years For thut purpose, said water to be furnished only for the purpose of irri€gating the said viney rd on said lased of second party and not to exoaad in quantity 8,000,000 gallons of water per year. 3. That first party shall furnish the said water at such tines of the day or night as Ciret party may dssiamito, and as first party may ba able to spar* the same for such irrigation purposes, the of tyre other water servisea ror public purposes, domestic iervioe, and fire protection and the like, to have precedence as to time the name shall be Tarnished. -1- 3. 3eeond party agrees to pay rirat party for water Forty bola' ($44.00) so to be furnished, the sun of Ct j Dollars for the remaining part of this present oalendnr year and the sum of $80.00 per year each year thereof ter during the term of this aoratraot, the first pay.sn,t to be made July 1st, 1942, and payments to be made annually thereafter on the first day of July of 'ash year of the term hereof. 4. rht term during which this oontraot shall continue shall be the remainder or the present oslendAr year and there- after to continue trot year to year, it being understood and agreed that either party hereto may terminate thio oontract by eervine, written notice on the other 1 -,arty hereto at any time between October lot and 0eaember 71at of any yo&r, such termination to take effect at the beginning of the aa.len4&r year next fol.lowing the aervioea of tush notion. mat this aont,ract shall not include the furniehin of water to second party for houssbotd or domostits purposes. second party to pay flrat party, at flrat party;s regular ratee from time to times for s ao; rater as may hereafter be furnished by flrat pasty to ssrsen4 party for hrnaeehold or domestic pur- poses. lh *ITIOCA3 WHEREOF, paid parties neve exaoute1 tht.e oaoatrast in duplicate the day and year flrat above written. mayor. it; / 1c/'/rs.te/ tatty +Atilt .1''774/) lA ✓� **saw ram