HomeMy WebLinkAboutReso 1952-1381 a _
5c e )z.
RESOLUTION NO. 1381
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING COMPROMISE AGREE-
MENT WITH CALIFORNIA WATER AND TELEPHONE CO.
THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
That certain agreement entitled "Compromise Agreement
respecting claim for Reimbursement for Relocation of Water Mains
in "E" Street between National Avenue and Montgomery Freeway
Chula Vista, California", a copy of which is attached hereto
and by this reference incorporated herein, is hereby_approved
by the City of Chula Vista, and the Mayor of said City is here»
by authorized and directed to execute the same.
N R it,
t
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF
CHULA VISTA, CALIFORNIA, this 25th day of November,, ,19 52 ,
by the following vote, to. it:
AXES: COUNCILMEN Halfert?ye Riesland,4, ',ogan,, ne q]fe ,
NAPS: COUNCILMEN None
ABSENT: COUNOI1MEN Hobel
rir tO
war o' e l y of C a Vas a
ATTEST:
1 C er
bY
zDeputy
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, , City Clerk of the
City of Chula Vista, California, DO HEREBY CERTIFY that the above
and foregoing is a full, true and correct copy of Resolution
No, , and that the sane has not been amended or
repealed.
DATED;
City Clerk
by ,
Deputy
•
, •
r - w
COMPROMISE AGREEMENT RESPECTING CLAIM
FOR REIMBURSEMENT FOR RELOCATION OF
WATER MAINS IN "E" STREET BETWEEN
NATIONAL AVENUE AND,MONTGOMERY.FREEWAY
CHULA VISTA, CALIFORNIA
THIS AGREEMENT, made and entered into between the CITY
OF CHULA VISTA, a municipal corporation, hereinafter referred
to as "City" and CALIFORNIA WATER AND TELEPHONE CO., a
California corporation, hereinafter referred to as "Water Co.";
W I T N E S S E T H :
WHEREAS, pursuant to Resolution No. 1269 adopted by the
City Council of the City of Chula Vista, California, "Water Co."
did relocate 525 feet of a twelve inch water main located in
"E" Street between National Avenue and Montgomery Freeway in
the City of Chula Vista to conform to the new grade established
by plans and specifications adopted by said City; and
WHEREAS, "Water Co.", pursuant to said Resolution, filed
a claim in the sum of $1,601.25 with "City" for reimbursement
for said work, which claim was not expressly allowed or denied
within the time required by law; and
WHEREAS, the parties hereto, without the admission of
liability or the establishment of a precedent, desire to compro-
mise said claim by the payment by "City" to "Water Co." of one-
half thereof, to wit: $800.63, without interest;
NOW, THEREFORE, "City" agrees to pay and "Water Co." agrees
to accept, the sum of $800.63 in full settlement and satisfaction
of any and all claims which either party hereto may now or here-
"' tofore have had against each other by reason of the relocation of
525 feet of a twelve inch water main located in "E" Street
between National Avenue and Montgomery Freeway, Chula Vista,
California;
IT IS FURTHER AGREED that the payment of said sum and its
acceptance shall not constitute an admission or precedent by
•
•
•
•
•
either party hereto and is paid without prejudice to the rights
of either party hereto with respect to past, or present or future
transactions between the parties except as specified in the pre--
ceding paragraph.
Dated: November 25 , 1952.
• CITY OF CHULA VISTA, a
" inunieipa3:>= • •ra£tion s i;
•
ATTEST: ee+
•r S _ •.. , x
-n r �„ q• t{ q*•i � Wit`
• �� a a�/X:1 RYi�;sa.... i�r C,�".w �LV
. Cle i
CALIFORNIA WATER,& TELEPHONE CO.,
a Califo n-1-- eorp atio
' qy v4 f v�� tl
"r a°t}'h tr Arc ou1t
PI" AT sir,AManage s
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
tf4cf'Py u' ha Y�Y � I.y+I'}}'3`F3 �f�
-2-