HomeMy WebLinkAboutCC RESO 7763RESOLUTION NO.
77<2
I
RESOLUTION APPROVING AGREEMENT
Be it resolved by the City Council of the City of National
City as follows:
That the agreement made and entered into as of the
26th day of May, 1960, by and between CITY OF NATIONAL CITY
as party of the first part, CALIFORNIA WATER & TELEPHONE COMPANY
as party of the second part, and V. E. POSEY as party of the
third part providing for the relocation of water facilities on
Eighth Street between L and Sanitarium Avenues, a copy of which
is hereto attached and made a part hereof by reference, be and
the same hereby is approved and the Mayor and City Clerk are
authorized and directed to execute the same for and on behalf
of City of National City.
PASSED AND ADOPTED this 7- day of June, 1960.
ATTEST G�
N CITY CLERK
5/360
AGREE/CET
THIS AGREEMENT made and entered into as of the 2 th day
of May , 1960, by and between the CITY OF NATIONAL CITY,
a municipal corporation, Party of the First Part, hereinafter re-
ferred to as "City", and CALIFORNIA WATER & TELEPHONE COMPANY, a
corporation, Party of the Second Part, hereinafter referred to as
"Company", and V. E. POSEY, Party of the Third Part, hereinafter
referred to as "Contractor"
WITNESSETH:
WHEREAS, City has entered into a contract with Contractor
for the improvement of Eighth Street, between "L" and Sanitarium
Avenues in the City of National City, County of San Diego, State
of California; and
WHEREAS, Company has certain facilities for the service of
water located in said Eighth Street, which facilities should be re-
located prior to the commencement of said work of improvement; and
WHEREAS, Company estimates that said relocation of its
facilities in said Eighth Street will require approximately forty (40)
calendar days to effect; and
WHEREAS, Contractor desires to withhold commencement of
the work of improvement upon said Eighth Street, pursuant to its
contract with City, until after Company has relocated its said
facilities; and
WHEREAS, City is agreeable to forty (40) calendar days'
delay in commencement of the said work of improvement; and
WHEREAS, based upon information furnished to Company by
City, Company estimates the cost of this relocating its facilities
to be Twenty Thousand Five Hundred Dollars ($20,500.00); and
WHEREAS, City and Company are unable to agree as to
which of the said parties should bear the cost and expense of
J
relocating Company's facilities located as hereinabove described;
and
WHEREAS, there is now pending in the Superior Court of
the State of California in and for the County of San Diego, that
certain action between City and Company numbered 242695 in the
files of said Court; and
WHEREAS, the trial of said action will not take place
in the immediate future;
NOW, THEREFORE, in consideration of the mutual covenants
and agreements of the parties hereto, IT IS HEREBY AGREED as
foa_)ws:
1. Pending the determination of the lawsuit numbered
242695 in ;:?-e Superior Court of the State of California in and for
the County of San Diego, between City and Company, the said City
and Company agree to divide equally the estimated cost of the
said relocation of Company's facilities in Eighth Street, between
"L" and Sanitarium Avenues.
2. City has deposited with Company the sum of Ten
Thousand Two Hundred Fifty Dollars ($10,250.00), being one half
of the estimated cost of said relocation of Company's said facil-
ities.
3. It is agreed and understood that upon due execution
of this agreement, Company will proceed with reasonable diligence
to relocate its said facilities in accordance with information
heretofore furnished to it by City.
4. City and Contractor agree that Contractor shall not
commence the said work of improvement upon Eighth Street, between
"L" and Sanitarium Avenues until after the fortieth calendar day
following the date of this agreement, in order that Company shall
have sufficient time to effect insofar as possible prior to the
said date the relocation of its facilities without conflict with
City and Contractor's work thereon; provided, however, that said
time shall be exte::fe i f: r a period egaai to time lost through the
fault of City, or Contractor, or their agents, servants or employees
or because of acts of God, strike or other cause beyond the control
of Company. In the event that Company is unable to complete the
relocation of its said facilities on or before said fortieth cal-
endar day following. the date of this agreement, or soh extension
as may apply as hereinabove provided, City and Contractor, and
their agents, servants or employees and Company shall cooperate
to the end that all work Tay be completed with a minimum of inter-
ference.
Any action on the part of either City or Company
o :'st an~ to this agreement is without prejudice to the right of
either party in the aforementioned action now pending in the Superior
Wourt. o` `~ State of California, in and for the County of San Diego,
cu 2695 in the files c::` said Court, with regard to the lia-
bility of the City, or Cor,:cany, for the cost and expense of such
:eooation of Company's fa' ilities in Eighth Street, between "L"
and Jan tariurn Avenues.
6. In the even`; that the aforesaid Court in said lawsuit
deter^nines teat it is the legal ohl'gation o:' City to pay for said
? a�re Company Ten Thousand Two
relocation =JJ;.SCompanyCompanyc;;lthat said ofS'.:u"Ii
Tr'u re l.•y
liars (
~aid hereunder shall be applied
against the total cost of said relocation.
In the event that the aforesaid Court determines that
it is the 'legal obligation of Company to relocate its said facilities
at its own cost and expense, Company agrees to repay to City the said
sum, of Ten Thousand Two Huncred Fifty Dollars ($10,250.00).
IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
Ai'T
City Clerk
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CITY OF NATIONAL CITY,
a Munic,pal Corporation
By
BY
)/)
"City"
CALIFORNIA WATER & TEJEPHONE COMPANY,
a corporatism';
By
Div i i Manager
"Company"
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