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HomeMy WebLinkAboutCC RESO 13,938RESOLUTION NO. 13,938 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AN AGREEMENT WITH THE DEPARTMENT OF THE NAVY FOR PIPELINE CROSSING BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute that certain Agreement for Pipeline Crossing between the City of National City and the United States of America acting through the Department of the Navy. PASSED AND ADOPTED this 7th day of December, 1982. ATTEST: Number: N6247483RPO0A05 AGREEMENT FOR PIPELINE CROSSING` THIS AGREEMENT, made and entered into this %'-day of frd✓ 1982 by and between the CITY OF NATIONAL CITY, a Municipal corporation, hereinafter called "CITY", and the UNITED STATES OF AMERICA, hereinafter called "GOVERNMENT", acting through the Department of the Navy. WHEREAS, the GOVERNMENT has constructed a twenty-one (21) inch diameter pipeline across CITY property hereinafter described at National City in San Diego County, California, for the purpose of conveying sewage; WHEREAS, in the course of such construction the CITY's 10" Vitrified Clay Pipe sewer line on Wilson Avenue from stations 1+00 to 5+70, NAVFAC Drawing 6084112,,was damaged, as was the traffic signal actuating loop on Civic Center Drive, eastbound lane westerly of Harbor Drive and the Portland cement concrete swale at Wilson Avenue and Civic Center Drive; WHEREAS, the GOVERNMENT has furnished to the CITY plans and specifications showing the physical description, the location and method of construction of the pipeline, and it has been determined that the construction and use of the pipeline in accordance with the provisions hereof will not interfere with the CITY's use of its property; Wt-EREAS, the GOVERNMENT requires permission of the CITY to operate, use and maintain its pipeline across CITY property and the CITY is willing to grant such permission on the terms and conditions hereinafter set forth, provided that the GOVERNMENT, in consideration of the CITY's entering into this Agreement, and as a condition precedent thereto, agree to pay, and pay, compensation for the items of damage described above; N624 74 83RP00A 0 5 NOW THEREFORE, in consideration of the premises and of the mutual covenants of the parties hereto, it is agreed: 1. In consideration of the CITY's entering into this Agreement, and as a condition precedent to the City's agreements hereinafter set forth, GOVERNMENT agrees to pay the CITY, upon the execution of this Agreement, the sum of $50,000.00 to fully compensate the CITY for the items of damage referred to in the recitals above, which sum the CITY agrees to accept as payment in full for said items and in complete discharge of any and all obligations the GOVERMENT may have with respect to said items. This payment in settlement shall not be used by CITY,or its successors or assigns, in any way as an admission by GOVERNMENT of any liability for any claim of damage arising out of the GOVERNMENT construction referred to above but not heretofore presented to the GOVERNMENT, and acceptance of the payment by the CITY shall not be deemed a waiver by the CITY of any of its rights with respect to any claim not now known by the CITY. 2. That the CITY hereby approves the GOVERNMENT's-construction and installation upon and across the property --of Civic Center Drive and Wilson Avenue in the location shown on Exhibit "A", consisting of NW -AC Drawing Nos. 6084110, 6084112, 6084113 and 6084114, Naval Station, San Diego, California: "Ship Wastewater Collection Ashore (P-191), 21" Gravity Sewer Plan and Profile" (Construction Contract No. N62474-79-C-5778) attached hereto and made a part hereof, of a pipeline for the conveyance of sewage substantially in accordance with the aforementioned plans and specifications. 3. That the GOVERNMENT shall construct, maintain, operate, protect, repair and remove the pipeline without expense to the CITY in such a manner as not to impair, interfere or conflict with CITY operations on the property. N62474 83RPO0'0 5 4. That the GOVERNMENT shall retain title to the pipeline and all cost and expenses incurred in connection with the construction, maintenance, operation, protection and repair of the said pipeline shall be borne by the GOVERNMENT and it shall restore the property upon the termination of this Agreement. 5. The Commanding Officer, Western Division, Naval Facilities Engineering Command, P. 0. Box 727, San Bruno, California 94066, is hereby designated as the Local Government Representative of the GOVERNMENT in all matters in connection with this Agreement. 6. If the death of or injury to any person, or the loss of or damage to any property, is caused by the GOVERNMENT in the course of its use of the property described herein, the liability, if any, of the GOVERNMENT therefor shall be determined in accordance with the applicable provisions of the Federal Tort Claims Act (62 Stat. 869-982; 28 U.S.C., 1346(b) 2671-2680). 7. No member of or delegate to Congress, or resident commissioner, shall be admitted to any share or part of this Agreement or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this Agreement if made with a corporation for its general benefit. 8. This Agreement may be terminated at any time by either party upon two (2) years' notice in writing to be served on the other party, stating therein the date such termination shall take place, and upon expiration of the time specified in such notice this Agreement and all rights of the GOVERNMENT hereunder shall absolutely cease and determine, except that the rights and Agreements of the CITY and the GOVERNMENT set forth in Paragraph 1 shall not be affected by any such termination. 3 N62474113Rp00i9-05 IN WITNESS WHEREOF, the parties hereto have executed these presents as of the day and year first above written. TIE CITY OF NATIONAL CITY By Its Mayor UNITED STATES AMERICA By CONTRACTING-O FICER WARREN K. BRANSCUM Director, Real Estate Division Western Division Naval Facilities Engineering Command For and on Behalf of the United States of America, Department of the Navy 4