Loading...
HomeMy WebLinkAbout00138 - PITTS UTILITY UNDERGROUND INDIAN A G R E E N F N T FOR PLACEMENT OF UNDERGROUND UICILITIES AND TELEVISION SERVICE THIS AG&E1,1SM NT, made and ant-red into this day of November 1960 by and between �zTz,� I�,�UT�1;1v'' rv�I�bE. INC.-a California corpora- tion, doing busiiiesc at 44O-490 Sou'ta Indian Avenue,Palaru Springs, California, hereinafter referred to as FIRST PARTY, and the CITY OF PALM SPRINGS,CALIFORNIA, a ?municipal corporation, hereinafter referr- ed to as SECOND PARTY, In consideration of the hereinafter set forth covenants and proimises by the parties hereto, IT IS 19JTUALLY AGREED: Ila-iLBP.EAS Second Party did adopt an ordinance adding Section 9633 .3 to Division 9 of the " alien Springs Ordinance Code" , whereby land developers were required to place utility and -television service underground in certain portions of the City; and W TRI AS First Party is developing land at the above indicated addresses for conducting general business, and said site is within the require- ments for underground utility and television services ; and MIERE,AS First Party has made application to the City Council of Second Party for teimporary relief from the requirements so that First Party can be served by overhead utility and television. service, NOU YHEiREFORE,, Second Party will permit temporary overhead utility and television service -to true land of First Party conditioned that: 1. Applicant will connoct to any utility or television service when same becomes available abutting their land, and will bFia,.e arrangements for rerioval of any overhead utility or television service. 2. Should the utility company or companies obtain authorization from the Public Utilities Coamission to enter into refund agreei-iaents whereby the excess in cost of underground service over overhead service is refundable to the applicant, tiaen applicant shall enter into such refund agreement with the utility company and shall place all overhead utility instal- lations underground. 3 . First Party agrees that Second Party s^aay order the utility or television company to cease service if First Party does not comply with t'he demand for underground utility and television service as provided above. 4 . First Party specifically agrees and does hold harmless the Second Party and any utility or television company from any and _ all claims by First Party, or its successor in interest, occasion- ed- by cessation of the utility or television service upon de�rkand j„ . the Second Party. DATRD-_�at; Pblr; Springs;California, this day of November, 1960. - ?PITSIi1DI u.id, iOL EI117 n, . , INC. , a C ojV-,iiaorayion, by ,President. l/ /� ✓",.�.,.�. ..d'. 1R.J�_N°—�aJ c ,� � •t:/� � ij e Cre tar, ft PiJr T PARTY - : CITY OF PALM SPRINGS, CAL IFORIdIA, _ a amun° ci al cor or i n. ATTEST- by r ^r"ity Hanager SECOND©IdD P-PiP.T Y Gi.ty C-'erlc ,»1b f STATE OF CALIFORNIA COUNTY OF RIVERSIDE ) On � _ 7, / before cue, the undersigned Notary Public in and for said County and State ,personally appeared _mown to ere to be the President, and Pi S S �h `5 known to me to be the Seretiry, of I TTS ' '- Noij.ia E vnNny ', INC. , a California corporation, that executed the foregoing instrument, and known to me to be the persons who executed the foregoing instrument on behalf of the corporation therein named, and acknowledged to we that such cor- poration executed the same. WITNESS tray hand and official. seal. Notary Publicn an onr� said County and State. (SEAL) My coLnrission expires ��