2000 - Resolution - Amendment 1 to Agreement with McCormick Water CompanyRESOLUTION NO. 2000
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
AUTHORIZING THE MAYOR TO SIGN AMENDMENT NO. 1 TO THE
AGREEMENT FOR PURCHASE AND SALE OF ASSETS OF
McCORMICK WATER COMPANY, INC.
WHEREAS, effective September 1, 1998 the City of Port Orchard signed the Agreement
for Purchase and Sale of Assets of McCormick Water Company, Inc.; and
WHEREAS, the City of Port Orchard and McCormick Land Company have agreed to
modify the Agreement for Purchase and Sale of Assets of McCormick Water Company; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE
THE FOLLOWING:
The Mayor of the City of Port Orchard is authorized to sign the attached
Amendment No. 1 to the Agreement for Purchase and Sale of Assets of
McCormick Water Company, Inc.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the Clerk in authentication of such passage this 25th day of November 2002.
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Amendment #1 to the
Agreement For Purchase and Sale of Assets
Of McCormick Water Company, Inc.
The Agreement For Purchase and Sale of Assets of McCormick Water Company, Inc.
was effective on 1 September 1998.
The City of Port Orchard and McCormick Land Company hereby agree to the following
modifications to the Agreement:
A. Replace Paragraph 4 with the following new paragraph:
4. Establishment of Connection Fees. Cor.ilection fees as defined in City of Port
Orchard Ordinance No. 1707 for the entire MWC Service area will be the same
amount as those water connection fees applied to properties within the City's
corporate limits.
B. Replace Paragraph 6 with the following new paragraph:
6. Rights Retained for the Golf Course Irrigation. Seller retains and reserves
as part of this agreement the right to draw, at no charge, up to 56,000,000 gallons
of water per irrigation season (April through October) and up to 400 gallons per
minute ("GPM") from the existing MWC System for the McCormick Woods Golf
Course ("Golf Course") for irrigation purposes until: (1) receiving permanent
water rights for an alternative source of water for the Golf Course; or (2) until
December 31,2012, which ever comes first; provided, however, that Purchaser
reserves the right to suspend or restrict such water service during an established
water shortage emergency. Seller filed two Water Right Applications in January
of I 992, and has received authority to begin testing an irrigation well. An
irrigation system separate from the domestic system has been created to serve
only the Golf Course, and McCormick Woods Partners will own and operate this
separate system at its own expense and Purchaser shall have no responsibility for
said separate system.
There were no other changes to the Agreement For Purchase and Sale of Assets of
McCormick Water Company, Inc.
Effective date: November 25, 2002
C~ty port Orchard
~~
Leslie J. Weatherill
Mayor, City of Port Orchard
A~
P~arkS
City Clerk
ClZl:oz;~
Linda Niebanck
McCormick Land Company