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Home My WebLink AboutCC RESO 7399RESOLUTION NO. 7399 Be it resolved by the City Council of the City of National City as follows: That an agreement by and between California Water and Telephone Company and City of National City, a copy of which is hereto attached and by reference made a part hereof, providing for the payment to said company of the sum of S20,500.00 by City of National City as the estimated cost of installing a watermain extension on National City Tidelands is hereby approved and the Mayor is authorized and directed to execute the same for and on behalf of City of National City. .2 q PASSED AND ADOPTED this h day of January, 1959. / MAYOR ATT ES,T : CITY CLERK AGREEMEN T THIS AGREEMENT made and entered into by and between CALIFORNIA WATER & TELEPHONE COMPANY, a California corporation, hereinafter galled "Company,' and CITY OF NATIONAL CITY, a Public Corporation of California, of the County of San Diego, State of California, hereinafter called "Applicant,'' W ITNESSET H: WHEREAS, Applicant as Trustee is the owner of a certain tract of land in the City of National City, County of San Diego, as more particularly shown and delineated upon that certain map attached hereto, marked Exhibit "A" and made a part hereof, which Applicant intends to lease in one or more parcels for commercial and industrial purposes and which is at present wiLfi0 facilities for the distribution of water for use therein; and WHEREAS, Applicant desires Company to extend its water mains to said area and install therein a system of water mains and other appurtenances, all as more particularly shown on Exhibit "A" attached hereto and as described on Exhibit "B attached hereto; and WHEREAS, Applicant has at this time sufficient money available to deposit with Company the sum of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500.00), being the estimated reasonable cost of installing the facilities of Unit "A" as shown on Exhibit "A' and detailed on Exhibit "B," but does not have sufficient money available at this time to deposit with Company the sum of FOUR THOUSAND DOLLARS ($4,000.00), being the estimated cost of installing the facilities of Unit "B" as shown on Exhibit "A" and detailed on Exhibit "B"; and WHEREAS, there is no prospect at the present time of Company obtaining sufficient revenue from the sale of water in said area to ,justify it installing said water system at its own expense; NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto do mutually agree as follows: 1. Applicant agrees, within thirty (30) days from the execution of this agreement, to deposit with Company the sum of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500.00), being the estimated reasonable cost of installing the facilities of Unit "A" as shown on Exhibit "A" and detailed on Exhibit "B" attached hereto, including overhead for administration, engineering and accounting, and Company agrees upon receipt of said sum to order the materials and equipment necessary for and to proceed with and prosecute the installation of said facilities with reasonable diligence and dispatch. Applicant agrees, within twelve (12) months from the execution of this agreement, to deposit with Company the additional sum of FOUR THOUSAND DOLLARS ($4,0OO.0O), being the estimated cost of installing the faciltties of Unit 'B" as shown on Exhibit "A" and detailed on Exhibit "B" attached hereto, including overhead for administration, engineering and accounting, and Company agrees upon receipt of said sum to order the materials and equipment necessary for and to proceed with and prosecute the installation of said facilities ;with reasonable diligence and dispatch. 2. Within sixty (60) days after the completion of the installation of all facilities provided for in this agreement, Company shall submit to Applicant a statement showing the actual cost thereo', including overhead, and within thirty (30) days thereafter `he amount deposited by Applicant shall be adjusted to conform to said actual costs either by refund by Company or additional payment by Applicant. 3. Upon completion of said facilities as provided in the preceding paragraph, Company shall commence to and thereafter continue to render public utility water service to said land for 2 domestic, commercial, irrigation and industrial purposes only, in accordance with its rules and regulations on file from time to time with the Public Utilities Commission of the State of California. 4, Said adjusted sum so paid by Applicant shall be 'subject to refund to Applicant without interest in accordance with Rule and Regulation No. 19C of Company as on file with the Public Utilities Commission of the State of California, and in the manner set forth in subparagraph 2a of said Rule 19C. 5. Applicant hereby grants to Company an easement for the laying, maintenance, enlargement, repair and use of pipes and appurtenances, together with the right of ingress thereto and egress therefrom for said purposes over, along and across Tidelands Avenue in the City of National City, County of San Diego, State of California, and particularly that portion thereof which shall be occupied by said facilities as shown on Exhibit "A" hereof. Applicant agrees to execute such formal easements or other documents as may be necessary or expedient to effectuate the foregoing provisions, promptly upon request of Company. 6. All facilities installed by Company hereunder shall at all times be and remain its sole property. 7. It is expressly understood and agreed by and between the parties hereto that nothing herein contained nor act nor thing done by Company pursuant thereto, or the installation or maintenance of said facilities herein provided for, shall in anywise obligate Company to furnish to Applicant, or any inhabitant of or person in said area, water for fire protection purposes or for purposes other than domestic, commercial, irrigation or industrial uses, and that the failure of said Company so to furnish water for fire protection purposes or for purposes other than domestic, commercial, irrigation or industrial uses shall not render the Company liable to Applicant or any of the inhabitants of or persons in said area by reason of any,, �.[� =- _ : i, _ conta'_.nad or anything done pursuant thereto, intentPi ,pcoress --ereof that the Company shall instal operati ani mair.'::a'.n said facilities as a public utility only and that nit water to 3 yy V o \JITlLp1F�r '4 6, )bl:_€,ations in respect thereto shall be measured and ed byits general obligations as a public utility to supply inhabitants of said area who be ome consumers of domestic, irrigation, commercial or industrial use understood and agreed between the parties hereto that the service to be rendered by under thi agreement and the ^a;es to such rates, rules and regulations or which may 'from time to Public Utilities Commission of the State of California. 9. This agreement shall: at all times be subjectto the changes or modifications by the California Public Utilities Commission as said Commission may, from time to time, direct in the exercise of Company to consumers in said area be charged therefor are subject as are established or authorized,, its Jurisdiction.' 10. This agreement shall bind and inure to the benefit of the part es hereto and their respective heirs, executors, administrator successors and assigns, ;WITNESS WHEREOF,the parties have executed these presents CALIFORNIA WATER & TELEPHONE COMPANY By Division Manager CITY OF NA IONAL CITY Aayo City Clerk Company EXHIBIT "B" Estimated cost of installing water mains and appurtenances for that certain tract of land along Tidelands Avenue and 24th Street in the City of National City, County of San Diego, State of California, as delineated on Exhibit "A"s UNIT "A" Install 1860 ft. of 12" main in Tidelands Ave. South of 24th Street 414,000.00 Install 75 ft. of 12" main in 24th Street West of Tidelands Avenue 700,00 Install 75 ft. of 8" main in 28th Street West of Tidelands Avenue 600,00 Install 3 Fire Hydrants as required by Fire C ity ct Nat'l City is • 00 Sub -total of Estimated Cost of Unit "A" 416,500.00 UNIT "B" Install 490 ft. of 12" main in 24th Street, West of Tidelands Avenue Grand total of estimated cost of Units "A" and "B" 420,500.00 EXHIBIT "B" Estimated cost of installing water mains and appurtenances for that certain tract Of land alonm Tidelands Avenue and 24th Street in the City of National City, County of San Diego, State of California, as delineated on Exhibit "A": UNIT "A" Install 1860 ft. of 12" main in Tidelands Ave. South of 24th Street $14,000.00 Install 75 ft. of 12" main in 24th Street West of Tidelands Avenue 700.00 Install 75 ft. of 8" main in 28th Street West of Tidelands Avenue 600.00 Install 3 Fire Hydrants as required by Fire Dep't . , City cf Nat'l City 1,200.00 Sub -total of Estimated Cost of Unit "A" $16,500.00 UNIT "B" Install 490 ft. of 12" main in 24th Street, West of Tidelands Avenue 4,000.00 Grand total of estimated cost of Units "A" and "B" $20,500.00 '3Atl SONVI3GLLff JAV WflO Cr N s s " A` _-1AH, i/