HomeMy WebLinkAboutCC RESO 6508RESOLUTION NO. 6508
The City Council of National City does herby
resolve as follows:
1955.
That the agreement by and between
California Water and Telephone Company,
V. R. Dennis Company and City of National
City for relocation of pipes and appur-
tenances on Harbison Avenue between 4th
Street and Division Street, a copy of which
is hereto attached, be and the same hereby
is approved, and the Mayor and City Clerk
are authorized and directed to execute the
same for and in behalf of City of National
City.
PASSED AND ADOPTED the /4f day of November,
Mayor
City Clerk
E.
AGREEMENT
THIS AGRE.MENT, made and entered into this First day
of November, 1955, by and between California :"pater and
telephone Company, a corporation, hereinafter referred to as
"California Water", first party, and V. R. Dennis Construction
Company, a corporation, hereinafter referred to as "Dennis,"
second party, and City of National City, a municipal cor-
poration, hereinafter referred to as "City," third party,
WI N S:].TH
This agreement is made with reference to the following
facts:
A. Dennis and Byrl D. Phelps, as Superintendent of Streets
of National City, on or about the 30th day of September,
1955 made and entered into an agreement providing for the
improvement of Harbison Avenue, between the center line of
4th Street and the center line of Division Street, in
National City, California pursuant to the "Improvement Act
of 1911",
B. California eater has certain service lines and fire
hydrants located on and under said Harbison Avenue
between 4th Street and Division Street;
C Certain portions of said service lines and fire hydrants
rust be removed and relocated before Denniscan commence
the work of improvement pursuant to said contract;
D. That a controversy exists between the parties whom
should bear the cost of removing and relocating said
service lines and fire hydrants.
The parties recognise the necessity Of commencing said
work of the improvement forthwith, and in order to permit
immediate commencement of said work and improvement are
willing to cooperate with each other;
I P. IS i'iS I-fFG:L'L UTTi:
i���aI;LY AcinrDD AS .L+'Ql,Lt^,L;
I. California :cater agrees immediatly to remove and re-
locate its service lines and fire "hydrants on and under
Harbison Avenue between 4th Serest and Division Streetin
National 'amity.
II. Dennis agrees to pay California Water the cost of such
rerrovEl and relocation, and to commence the work of improve-
ment:of said Harbison Avenue pursuant to its said contract
as soon as the work of the removal. of said lines and fire
hydrants of Osli.:or�nia Water will permit.
III. It is agreed t such payment by Dennis shall be
without prejudice to or waiver of any right to compensation
or reimbursement for the cost of said removal and relocation
of said service lines and fire hydrants, if any it has,
and that nothing herein shall be construed as an admission
that Dennis has any right to any compensation or reimbursement
therefor.
IV. It is the mutual intention of the parties to this
agreement that nothing herein shall in any way prejudice
the rights of an; party against any other party, and that
the status -quo of the rights, duties and obligations of
the parties be maintained pending the determination and
settlement of the controversy hereinabove recited by a
court of competent jurisdiction.
V. City agrees to brim; a declaratory relief action within
sixty days in order to settle the rights of the parties.
In witness whereof, the parties h.e;teto have caused this
agreement to be duly executed by their respective officers,
as of the date first hereinabove written.
California Water and Telephone Company
By
By
V. . Dennis Construction Qompany
By
By
City of National City
By
Mayor
ATTEST:
City Clerk of National City