Minutes 09/23/1941 - Laserfiche WebLink

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September 23rd, 1941. supplying of all se~vicehereby~contrao~.e~ for. (b) T~e Utility shall have the right to contract with and~render water service toindividual commercial cons~umerson t~he Development, butno~suchcontract shall be entered inte without the. writ,ten approval, o£ the'Administrat~z~.~ or his repre.se~tative. (c) The Utility shall have the right to s~hut off the supply of water to the Development, without notice, only in cases of emergency. If the. Utility shall find it necessary to shut off the supply of water to the Development to make replacements or repairs, or for other reason, a~d no emergency exists., the Utility shall give tne~Administrator~ reason- able notice of its intentions, including the annroximate time and duration of such interrup - tlon of service. -- 16. Annexation of Property of Utility: Any and all eoui~ment ano~r~t ..... device~ necessary tq ~f?lf½11~tilit~ s obligation hereunder Placed or erectedby the Utility on or mn proper~y cz ~ne ~evemopmen~ shall be and remain ~he~property of the Utility regardles~ of the mode .or manner of its ~annexation or attachment to rea~ prbperty of the Development. 17. Liability: The water s~pplied under this contract is supplied upon the express condition that after it passes the meter equipment o f the Utility, it becomes the pro- perty of the Government. The Utility shall not be liable for loss ordamage to any person or property whatsoever resulting directly or indirectly from the u~e or misuse or presence'of wa- ter on the Development premises after it passes said meter equipment, except where such loss damage shall be Shown to have been occasioned by negligence of the Utility, its agents, set - vants or employees. 18. Impossibility of Performance:~ . The Uti~t__ y mhall use all reasonable dili- gence in providing a cons~antand uninterrupted supply of water, but the Utility shall notbe liable to the Government De liable to the Utility here~nde~ by reasonof failure of the Uti!it~ to deliver ~r the Developmentto receive water as the result of fire~ strike, riot,, explosion, I flood, accident, breakdovm, acts of God, or the public enemy, or other acts beyond the control of the part affected; it being the intention of each party to relieve the other of the obliga-$ tion to supply water or to receive and pay for wa~er when as a result of any of the above-men- tioned causes, either party may be uns~ble to deliver or use in whole or in part the water here- in contracted to be delivered and received. Both parties shall be prompt and diligent in re - moving and ~vereoming the cause or causes of said interruption, but nothing herein contained shall be construed as permitting the Utility to refuse to deliver and the Government to refuse to receive water after the cause of interruption has'been removed. In case of impaired or de- fective service, the Administrator or his representative shall immediately give notice to the nearest office of the Utility by telephone or otherwise, confirming such notice in writing as soon thereafter as practicable. 19. S~ecial Provision: The Government agrees tP~at it will not unnecessa~i~ waste water in t~e Development and that It will endeavor to prohibit its tenants from unneces sari!y wasting water. In order to co-operate in t~ls regard, the Government grants to the duly authorized representatives of the Utility the right of ingress to and egress from the premises of the Development in order to make inspections of the w~ter facilities of the Development. 20. P~re~vious Oontracts B~: This Contract superoedes all previous contracts or representations, either written or verbal, heretofore in effect by the Utility and the Goverr~ment with respect to matters herein contained, and constitutes the sole contract by the parties hereto concerning these matters~ - 21. Designees of Contra'ct~ng Parties: The Administrator has designated 'the Housing ¥~nager of the Development,~hose ad~ress is the Development, as the duly authorized representative responsible for %he opera~ion and supervision of said Development with whom the Utility may deal. The Utilit~ has designated X. D. }~urden, SuperintendenZ of ~ater Depart~ men~, whose address ~s Market Building, as the duly authorized reoresentative with ~hom the Admmnistrator may ~eaz o~ any matter a~ising under the terms of this contract. Emther party v~ll promptly notify the other in writing whenever there i~ a c~nge in such designee. ~ ~22. ~equired Notices To Be in ~ritin~: Any notice required or authorized tc be given hereunder, excep~ ~he no~ice se~ ou~ ~n ~ec~ion 18 hereof, shall be given in writing by eitherparty, addu~essed to the authorized representative of the other and mailed in the ordi- nary course of business to the last known address of said other party. 23. Interest of Member of Oon~ress: No Membe~ of or Delegate to the Con - gress of the United State~ of America or Resid~n~ C0m~issioner shal~ participate in the funds mad~ available under this contract. Nothing, ho~ver, herein contained shall be construed to extend to any incorporated company, if the agreement be for the general benefit of such corpor- ation or company. 24. This contract shall be binding upon the successors, or legal assigne of the Utility. IN WITNESS V~HEREOF, the parties hereto have caused this agreement to be duly signed and executed in triplicate the day an~ year first above written. UNITED STATES OF A~ERICA Federal W~orks Administrator By,, Director of'Defense Housing ATTEST: SEAL ATTEST~ CITY OF PORTS~IOUTH BY ~es.- e ~oX,?'s~Sr~nd Presm~ent pro tom of the City Council