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CONTRACT 1316 OtherAGREEMENT FOR THE JOINT USE OF ONE 27 INCH WATER PIPELINE OWNED BY THE CITY OF EL SE- GUNDO AND LOCATED WITHIN THE CITY OF MAN- HATTAN BEACH ON REDONDO AVENUE AND THE NORTHERLY PROLONGATION THEREOF BETI1'EEN MAN- HATTAN BEACH BOULEVARD AND ROSECRANS AVENUE. THIS AGREEMENT, made and entered into at Manhattan Beach, California, as of the �, , day of Ortnhr-.r__..,......� 1970, by and between the CITY OF MANHATTAN.BEACH, a body politic and a municipal corporation of the State of Cali- fornia, hereinafter referred to as "MANI-IATTAN"., and the CITY OF EL SEGUNDO, a body politic and a municipal corporation of the State of California, hereinafter referred to as "EL SE- GUNDO", in consideration of the sum of. Onc Dollar ($1.00) to it in hand paid, receipt of which is hereby acknowledged, and for other good and sufficient consideration passing to it, EL SEGUNDO does hereby permit and grant to MANHATTAN the joint use of the 27 inch water line for the transmission of water only, said line being located on Redondo Avenue and the northerly prolongation thereof -between Manhattan Beach Boule- vard and Rosecrans Avenue, and said permit is granted upon the terms and conditions that are in this agreement set forth and otherwise enumerated. W I T N E S S E T H: WHEREAS, MANHATTAN, on or about November 9, 1948, granted to EL SFGUNDO a permit and easement for the con- struction of a 27 inch grater line herein described and said grant, of easement is by reference incorporated herein and made a part hereof for the purposes of this agreement; and 'WHEREAS, on or about January 17, 1950, MANHATTAN granted to EL SECUNDO a further permit in connection with said 27 inch i..ater line hereinabove described for purposes of: permitting temporary water service to certain customers (E1 Segundo Standard Oil Employees' Recreation Area and -1- Standard Oil Company tank farm) within the corporate limits of MANHATTAN, which permit is by reference incorporated here- in and made a part hereof for the purposes of this agreement, except that the connection provided by said January 17, 1950 agreement be abandoned and relocated for service from the 16 inch connection provided in Paragraph ''f' page four of this agreement; and WHEREAS, on or about May 3, 1950, a further agree- ment was entered into by and between MANHATTAN and EL SEGUNDO and a certain easement or permit being granted to EL SEGUNDO to give water service to certain consumers located in a twen- ty (20) acre tract in the general area of the southwest cor- ner of Aviation Boulevard and Rosecrans Avenue within the corporate limits of MANHATTAN, which agreement and easement or permit are by reference incorporated herein and made a part hereof for the purposes of this agreement; and WHEREAS, TRP1, INC. has acquired land for the con- struction of a large industrial complex, the first phase of which will involve approximately ninety (90) acres, located on what was formerly the Standard Oil tank farm within MAN- HATTAN, and extending on the south to Marine Avenue, on the north to Rosecrans Avenue, and extending westerly to approxi- mately Herrin Avenue; that TRW, INC. is a manufacturer of aerospace, electronic, automotive, aviation and industrial products and has currently under construction buildings and improvements of approximately 820,000 square feet and the initial phase will require commercial working space for approximately 4,300 employes, progressing to 7,000 employes, and the ultimate improvement by that corporation of some 1.3 million square feet of space under roof, when completed; that it is a requirement by MANHATTAN to supply among other utilities, water for human consumption and commercial use;'and -2- WHEREAS, the said 27 inch water line which emanates at Manhattan Beach Boulevard is connected to a supply line from the Metropolitan Water District and continues northerly on Redondo Avenue through the corporate limits of MANHATTAN and extends to EL SEGUNDO'S water facility located at E1 Se- gundo Boulevard: NOW, THEREFORE, EL SEGUNDO agrees to do the follow- ing: 1. To permit MANHATTAN to jointly use the said 27 inch water line between Manhattan Beach Boulevard on the south and Rosecrans Avenue on the north. 2. To permit MANHATTAN to make such taps in the 27 inch water line as are designated on Drawing No. W-506 , a copy of which is attached hereto, made a part' here- of, and designated as Exhibit "A". 3. That the agreement hereinabove referred to of May 3, 1950, is modified, permitting MANHATTAN to furnish water to the twenty (20) acre tract located on the southwest corner of Aviation Boulevard and Rosecrans Avenue, as is more fully described in said agree- ment of May 3, 1950, EXCEPT that the following language is removed, stricken, and otherwise delet- ed from said May 3, 19,50 agreement (line 11 of para- graph 4): ........plus 250........ (and lines 14 through 19 of paragraph 4): "......and it is further definitely under- stood that this agreement and the service herein provided for may be terminated by the City of E1 Segundo at any time upon 120 days' notice from the City of E1 Se- gundo to the City of Manhattan Beach of such termination." -3- AND that said line shall be charged from the Metro- politan Water District line which terminates at. Redondo Avenue and Manhattan Beach Boulevard. NOW, THEREFORE, MANHATTAN agrees as follows: A. That the grant of permits and easements heretofore referred to dated November 9, 1948, be and the same shall remain in full force and effect except that the following language is removed, stricken, and otherwise deleted from said. agreement: "......and may be revoked by the City Council of the City of Manhattan Beach upon one year's written notice of such revocation delivered to the grantee herein (El Segundo), and this grant must be accepted accordingly." B. The existing 16 inch connection to EL SEGUNDO'S 27 inch line at 33rd Street and Redondo Avenue is clearly shown on MANHATTAN Drawing No. W-506 C. That MANHATTAN contemplates causing to be install- ed in the near future a 12 inch connection to said 27 inch water line on Redondo Avenue near Manhattan Beach Boulevard. EL SEGUNDO agrees to said con- nection as being also advantageous to EL SEGUNDO. Furthermore, EL SEGUNDO agrees to participate in one-half the cost of making said connection, in- cluding engineering and construction which is to be accomplished by MANHATTAN with the approval of EL SEGUNDO. D. That MANHATTAN may make additional connections to the 27 inch line provided that seven (7) days' prior notice is given EL SEGUNDO prior to commence- ment of construction. All future connections to -4- EL SEGUNDO'S 27 inch line, and all taps and/or con- nections to the 27 inch water line shall be first approved by EL SEGUNDO and be by it inspected. NOW, THEREFORE, as to miscellaneous provisions, it is mutually agreed by MANHATTAN and EL SEGUNDO as follows: I. That during any emergency conditions as to EL SE- GUNDO or MANHATTAN water supply, said parties shall assist each other to the fullest extent possible with- out endangering their own respective water supply. 11. That the agreement -dated February 12, 1968, by and between MANHATTANandEL SEGUNDO, is hereby can- celed, and superseded by this agreement. IN WITNESS WHEREOF, the parties hereto have caused ,this agreement to be executed by and through their respective officers duly authorized, by MANHATTAN this 6th day of October 1970, and by EL SEGUNDO this 21st day of September , 1970. ATTEST: CITY OF MANHATTAN BEACH oc IV A/1"yu� City Clerk Mayor 0 (SEAL) Approved as to Form: L kn C City Attorney ATTEST: CITY SEGtj 0 Ci, t*3�Clerk ay (SEAL) Approved as to Form: City Attorney -5-