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Resolution 02404RESOLUTION NO. 2404 AUTHORIZING. EXECUTION OF AG "eENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT FOR INSTALLATION OF WATER MAINS IN BAY ISLAND AVENUE AND MOUND STREET IN THE CITY OF ALAMEDA WHEREAS, it is necessary and in the public interest that water mains be installed in Bay Island Avenue and Mound Street, in the City of Alameda; NOW, THEREFORE, BE IT RESOLVED BY TEE COUNCIL OF THE CITY OF ALAMEDA that said City enter into an agreement with the East Bay Municipal Utility District, a body corporate and politic of the State of California, for the installation of water mains in Bay Island Avenue and Mound Street in the City of Alameda, Califor- nia, which agreement shall be, substantially, in form and contain the agreements and stipulations following, to-wit: AGREEMENT THIS AGREEMENT, entered into this day of 1939, by and between CITY OF ALAMEDA, first narty herein, and EAST BAY MUNICIPAL UTILITY DISTRICT, second party herein, both bodies corporate and politic of the State of California, W I T N E S S E T H: That in consideration of the sum of two hundred dollars ($200) to be paid by the said first party to the said second party promptly upon completion of the work, the said second party hereby agrees that it will install and lay a six-inch cast iron water main approximately 70 feet long in Bay Island Avenue extending southeasterly from the end of the existing main to Mound Street, and a six-inch cast iron water main approximately 30 feet long in Mound Street extending northeasterly from Bay Island Avenue, in the tract commonly known as "Town of Alameda", as the said tract is deisgnated and delineated on that certain map recorded September 12, 1867, in Book 5 of Maps, page 16, in the office of the Recorder of Alameda County, California. The said second party further agrees that for each bona fide metered service connection made directly from the said ,mains, it will rebate to the said first party the sum of seventy-five dollars, (.75), such rebate to be payable solely as of the date Juno first or December first, respectively, next succeeding the date on which such connection is made; provided, however, that no rebate or payment shall be made for any service connection installed after ten years from the date of this agreement, and provided further that no rebate or payment shall be made after the said sum of $200 shall have been so rebated. It is agreed by the parties hereto that the term "bona fide metered service" as used herein shall mean a service of a permanent character to a resi- dence or other building, which service is in actual and regular use for the pur- pose for which it was installed at the time when the rebate therefor shall be- come payable. It is further agreed by the parties hereto that the said mains shall at all times be the property of the said second party and that the said aecond party may at all times make extensions thereto or laterals or connections therewith or therefrom at any point or points thereon. It is further agreed by the parties hereto that this agreement shall inure to the benefit of and be binding upon the successors and assigns of the part- ies hereto, IN WITNESS WHEREOF, the parties hereto have executed these presents in triplicate the day and year first above written. CITY OF ALAMEDA By By EAST BAY MUNICIPAL UTILITY DISTRICT By J. S. LONGWELL, Chief Engineer and General Manager. RESOLVED FURTHER that the Mayor of the City of Alameda is hereby authbrized and directed to execute, and the City Clerk to attest, on behalf and as the act and deed of said City of Alameda, the aforesaid agreement. I, the undersigned, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted by the Council of the City of Alameda in the regular meeting assembled on the 1st day of August, 1939, by the follow- ing vote, to wit: AYES: Councilmen Carrington, Maurer, Morris and President Weichhart, (4). NOES: None, ABSENT: Councilman Godfrey, (1). IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 2nd day of August, 1939. LOREME R. BEATIE (SEAL) City Clerk of the City of Alameda. * * * * * * * * I hereby certify that the foregoing is a full, true and correct copy of "Resolution No. 2404, "AUTHORIZING EXECUTION OF AGREEMENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT FOR INSTALLATION OF WATER MAINS IN BAY ISLAND AVENUE AND MOUND STREET IN THE CITY OF ALAMEDA," introduced and adopted by the Council on the 1st day of August, 1939. /1 f; ) 7 YLP,-,4,-(. /1c — - LOREME R. BEATIE City Clerk of the City of Alameda.