Minutes 09/23/1941 - Laserfiche WebLink

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its duly ~utnorized agen,s and emDloyees the free right of ingress to and egress from the premises of the Development for the p~u~pose of insp$cting, repairing, replacing or removing the property of the Utility, of reading meters, or of performing any work. incidental to the supplying of all service hereby conmracted for. (b) The Utility shall have the ~ight to contract with and render water ser- vice to individual commercial consumers on the Development, but no such contract shall be en- tered into without t~ze written approval of the Administrator or his representative. (c) T~he Utility s!.~ll have the right to shut off the supply of water to the Development, without n&tice, only in ~ses of emergency. I2 t~he Utility shall~i~nd it neces - sary to shut off the supply of~water to the Development to mak~ replacements or repairs, or ·for other reason, and no emergency exists, *~e Utility ~hall give the Administrator ~eason- able notice of its intentions, .including the approximate ti~ae and duration of such interrup- tion of service. 16. Annexation of Property. o.f Utility: Any smd all e~uioment, apoaratus and devices necessary ~-6--~ill Utility's ob~igation hereunder placed ~r ~reeted b~ the Utility on or in property of the Development, shall be and remain the property of the Utility regardless of the mode or manner of its annexation_or attachment to real property of the Development .~ 17. LiabilitY: The~water supplied under this contract is supplied upon the express condition that after it passes the meter equipment of the Utility, it becomes the property of the Government. The Utility shall not be liable for loss or damage to any person or property whatsoever resulting ~ireetly or indirectly from the use er misuse or presence of water on the Development premises after it passes said meter equipment except where such loss or damage shall be sho~ to'~have~.been oc,c~sioned by negligence of the Utility, its agents, servant~ or employees. 18o Imoossibil~y o~Perf_o~_an~: The Utility shall use all reasonable dil- igence in providing a 8onstant and uninterrUpted supply of water, but the Utility shall not be liable to the Government hereunder, nor sha!l~the GoveE~ment be liable to the Utility here- · ~uder by reason of fal~lure off,he Utl~!i~tY~$O~deliver or the Developmentt to receive water as the result of fire, strike, riot, explosion, flood, accident, brsmak~oE~ act of ~Od, or the public enemy, or other acts beyo~d?~th~-~control of. the party affected; it being the intention of each party to relieve the .ot~her~c2,~the~ob~igat~on to supply water or to receive and pay for water when a s a result of any of the above-mentioned causes, either party may be unable to de- liver ~or use in whole ~ in part the w~ter herein contracted to be delivered and received. Both parties shall be p~o~pt and diligent in removing s~nd overcoming the cause or causes of sai~ interruption, but ~othing herein contained shall be construed as permitting the Utility to refuse to deliver and the Gower~ment to ~refuse to receive water after the cameo of the in- terruption has bee~ removed. In case of impaired or defec~ive service, the Administrator or his representative shall immediately.give notice to the nearest office of the U~llity by tel- ephone or.otherwise, ~confirming such notice in writi ng as soon thereafter as practicable. 1% S-ecial Pro¥i_sion: TheGovernment agrees that it will not.unnecessarily waste water in the.De~v~lopment s~ud that it will endeavor to prohibit its tenants from unnec- essarily wasting water. In order to co-operate in this regard, the Government grants to the duly authorized representatives of the Utility the right to ingress to and egress from the premi~ses of the Development in order to make inspections of the water facilities of the Devel- opment. 20. P~evious Co.nt.r. acts. Su erceded: This contract supe rcedes all previous contracts or representations, either written or verbal, heretofore in effect by the Utility and the Government ~Ith respect ~o matters herein contained~ and constitutes the sole con - tract by the parties hereto concerning these matters. ~ 21.~ Desi~.gnees of Contracting Parties: TheAdministrator has designated the Housing Eanager of the'Developmen~V, whose address is the Development, as the duly autho~ ~ized representative re'sponsible for the operation and supervision of said Deve!ooment with whom the Utility may de~l. ~ ~ The Utility has designate~ X.D. Eurden, Superintendent of ~ater Depart- ment, whose address is Earket Building, as the dully aU, thorized representative with w~hom the Adm~inistrator may deai~ on any matter arising under the terms of this contract. Either-party will promptly notify the ~o~he~r.!,~ writing wh~enever there is a change in such designee. . .22. ReGuired Notic~es~- ~ to Be in Writin.~.:~ ~ 1Any notice required or authorized to be given hereunder, except the notice set out in Section 18 hereof~ ~shall be given in writing by either party~ addressed to ~he aut~h~r~ze~ r~epresentative of the other and mailed in the ordinary course qf business to ~he last k~o~wm a~dress of said other party. . 23. i~terest.. . of ~Nember~, ~ ..of. Congress: '~' No member of or Delegate to the Con - gress of the Uhited States of America or Resident ommissioner shall p~rtieipate in the funds made available under this contract. Nothing, however, herein contained shall b e construed to extend to any incorporated company,~ if the sgreemen~ be for the general benefit of such corporation or come, any. 2~. This contract shall be binding upon the successors, or legal assigns of the Utility. IN ~YITNESS WHERE0~, the partie~ hereto have caused this agreement to be duly signed and executed in triplicate the day ~d year Tirst above written. UNITED STATES OF ~MERICA Federal ~orks Administrator ATTEST By----~irec~or of Defense Housing OITYO~ PORTS~OUTH SEAL By Act~ Mayor ~nd President pro tom ATTEST: of the City Counci!.