HomeMy WebLinkAboutCC RESO 7524RESOLUTION NO. 7524
RESOLUTION APPROVING AGREEMENT
Be it resolved by the City Council of the City of National
City as follows:
That certain Agreement between City of National City and
California Water and Telephone Company, dated the VLday of
June, 1959, a copy of which is hereto attached and made a part
hereof by reference, is hereby approved and accepted, and the
Mayor is authorized and directed to execute the same for and
on behalf of City of National City.
PASSED AND ADOPTED this % c , day of June, 1959.
MAYOR
ATTEST:,'
CITY CLERK
A.0 F E R M E N T
THIS AGREEMENT is made and executed on the ! day of
June, 1959, by and between the CITY OF NATIONAL CITY, a municipal
corporation, and CALIFORNIA WATER AND TELEPHONE COMPANY, a corpora-
tion, hereinafter sometimes referred to as "Water Company'' with
reference to the following:
STATET OF FACTS
1. Nat onal. City has published an invitation for bids
to be received on June 15, 1959 for the widening, paving and re-
surfacing of Highland Avenue from 4th Street to 8th Street.
2. Certain of Water Company's facilities are located on
said Highland Avenue, which will interfere with the said work of
improvement.
3. The parties agree that said facilities of Water
Company should be relocated prior tc the ement of said work
of improvement.
4. The parties agree that the relocation of Water
Company's facilities on Highland Avenue between 4th Street and
8th Street can best be accomplished by Water Company.
5. The parties are unable to agree as to which party
should bear the cost and expense of relocating Water Company's
facilities located on Highland Avenue between 4th Street and 8th
Street.
. Based upon Inform on furnished to it by the City of
National City, Water Company estimates that the cost of relocating
its facilities will be Three Thousand One Hundred Dollars (3,10o.0O).
NOW, THEREFORE, in consideration of the mutual covenants
of the parties herein, it is hereby agreed as follows:
a. Pending the determination of a court of competent
jurisdiction, the parties agree to divide equally the cost of
said relocation of Water Company's facilities.
b. National City hereby agrees to pay Water Company
the aura of One Thousand Five Hundred Fifty Collars ($1,550.00)
upon execution of this agreement.
c. It is agreed and understood that upon due execution
of this agreement and receipt of said One Thousand Five Hundred
Fifty Dollar e ($1,55O.0€3) Water Company will proceed with reason-
able diligence to relocate its said facilities in accordance
with information heretofore furnished it by the City of rational
City. It is further agreed that the City of National City, or
its contractors, shall not commence its improvement work upon said
Highland Avenue until after July 9, 1959 in order that Water
Company shall have sufficient time to effect, insofar as possible
prior to said date, the relocation of its said facilities without
conflict with said City's work, provided however, that said time
shall be extended for a periodequal to time lost through the fault
of the City of National City, its contractors, agents, or employees
or because of acts of God or any other cause beyond the control
of Water Company.: In the event that Water Company .s unable to
complete its relocation of facilities on or before said July 9, 1959,
or such extension as may be required, the City of National City,
its contractor and the Water Company shall cooperate to the end
that all work may be completed with a. sr;inlrnwn of interference.
d. Any action on the part of either party pursuant to
#his agreement is without prejudice to the right of either party
in and* lawsuit brought to determine liability of the parties for
the coet and expense of such relocation of facilities.
e. In the event tat any court of competent jurisdic-
tion determines that it is the legal obligation of National City
to pay for said ocation costs ';Water Company agrees to apply
said sum of One Thousand Five Hundred Fifty Dollars 1,550.00)
toward any sum found
any such, court action.
f. In the event that any court of compe
be due from National City as a result of
nt
jurisdic-
tion determines that it is the legal obligation of Water Company
to relocate such facilities at its own cost and expense, Water
Company agrees to repay said sum of One Thousand Five Hundred. Fifty
Dollars (4, 550.00) to City o ° National City.
IN WITNRSS
their duly authorized officers have executed this agreement as of
the date first hereinabove written.
he parties hereto fry and through
CITY OF NATIONAL CITY
c
MAYOR
CALIFORWIA 'WAT AND 'TRLE?HON COMPANY