HomeMy WebLinkAboutBill of SaleBILL OF SALE
The City of National City, a California municipal corporation ("Grantor") having received from Pacific
Bell Telephone Company, a California corporation dba AT&T California ("Grantee") the sum of Two
Hundred Fifteen Thousand Eight Hundred Six Dollars and Seventy -Eight Cents ($215,806.78) with
respect to AT&T Project Number 8039798, which Grantor acknowledges is good and valuable
consideration, hereby grants, bargains, sells, conveys, transfers, and assigns to Grantee all of
Grantor's ownership rights and interest in and to that certain underground supporting structure
placed for AT&T Job #8039798 as part of the underground adopted by the City of National City
Resolution 2005-256 District Number 24 (collectively hereinafter referred to as "Underground
Supporting Structure"), which is located on 8th Street between National City Boulevard and Highland
Aupnue, .ssubiect to the foVo'w`ng conrvitions•
i . Title shail vest with Grantee only after the completion of inspection and written
acceptance of the Underground Supporting Structure by Grantee.
2. Grantor shall indemnify, defend, and hold Grantee harmless from and against any and
all losses, costs, liability, damages, claims, actions, and causes of action (including attorney's fees
and court costs) arising out of the sole negligence of Grantor, Grantor's agents, contractors, or
subcontractors, in the construction and installation of the Underground Supporting Structure by
Grantor or Grantor's agents, contractors and subcontractors.
3. Grantor warrants: 1) Grantor is the lawful owner in every respect of all of the above
described property and that the property is free and clear of all liens, security agreements,
encumbrances, bonds and charges of every kind whatsoever; 2) for a period of two (2) years
following acceptance of the Underground Supporting Structure by Grantee that all work performed by
Grantor and all materials furnished by Grantor are free of defects including, but not limited to, any
defects causing caving or sinking of the trench and any defects in the paving performed by Grantor;
and 3) this warranty shall survive inspection and acceptance.
4. This Bill of Sale shall be binding upon and shall inure to the benefit of the parties and
their permitted successors and assigns.
5. By signing below, Grantor and Grantee hereby further agree that nothing herein shall
be construed as a sale, conveyance, transfer, or assignment of any equipment other than the
Underground Supporting Structure itself as described above.
Executed by the Parties this l8thday of !+March,
GRANTOR:
City of National City,
a California municipal corporation
By:
GRANTEE:
Pacific Bell Telephone Company, a
California corporation dba AT&T California
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Name: Name:
Ron Morrison
Title:
Mayor
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