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HomeMy WebLinkAboutCC RESO 7325RESOLUTION NO. 7325 RESOLUTION APPROVING CONTRACT Be it resolved by the City Council of the City of National City as follows: hat certain contract between City of National City and Teyssier & Teyssier, Inc., a corporation, dated the 7th day of October, 1958, and entitled "Agreement Supple- mentary to Contract for Construction of National City Municipal Swimming Pool", 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 sEme for and on behalf of City of National City. PASSED AND ADOPTED this % `day of October, 1958. ATTEST': CITY CLERK AGREEMENT 5J''pLEt iENTA RY TO CONTRACT FOR CONSTRUCT iON OF NATIONAL CITY MUNICIPAL SWIMMING SD L nr s s r splutsantLtry Icjr 7th day of October, I9+ 8 by and Let leco CITY OF NATIONAL CITY, a rnuni c i pa I corporat ten, hereinafter referred to as CITY, and TEYSSI ER TEYSSI ER, INC., a corpora t irsn, hereinafter referred C'O .?.ACTOR , W I T t1 E SET1 For and in consideration of the mua I carve narrts here 'n con ainz , It is hereby agreed by the parties es f©tio s« ,ay 2i , 1957, the parties hereto entered into Nat Iona1 :n agreement for con Uction City Municipal Swirramin I-'oaI. Th meet is made a part hereof by reference. 2. Thu t on September 3, l 58 CITY caused to be recorded with the ian D i ego County Recorder, Notice of Cessation of Labor on saki swimming pool. That puruurrt to 365,970.19 as an additional sum raf .proved for payment CITY pursuant to the made and °>'% eCute3d on the agreemen 4 he surer n poi i d to 40,663.36 and has b en withheld by n i n rt y per cent ; 9'O') pro- gress payment provisions of said contract. That certain natters are no in cont.rover•sy between the parties. tTRACTOr , and been That Arta i n defects have been root i tired in the construction and operation of said swimming pert. That cO TRACTOR has submitted two claims for work wnach It contends 3es ra,i*ed by the contract. and consultant contend that said claim work reuu i red to be done by CONTRACTOR as part of the base bid price. 7. That CONTRACTOR is anxious to receive, and CITY willing to pay,, the ten per cent (IC';.) which was hheld from the amounts due CONTRACTOR when rcagress payments were made, providing that the •ichts of each party to pursue its contentions i t the matters in controversy are not waived or o.ther'wise placed in jeep rdy. spect i ve of the contract to ;he contrary, the payment and the receiving of said sum of :w �C663.36 `eir�c the ten «; per cent (l Cleo) which was withheld from progress payments, does not and matt not constitute a waiver of the rights of either party against a ainsthe other and that either Marty is hereby given the right to pursue any action against the other which i ray dra neciessary and proper in order to settle all outstanding contro- versies between zhe parties. IN WITNESS WHEREOF, each duty authorized to act for and tofore executed this agreement the date first herein above wrl therefore agreed that terms and provisions of the sa party by and through in behalf of said and x eel thereto tten. CITY OF N 1T B its officers Party has here- its seal on TCY5l By CR Ey ER