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HomeMy WebLinkAbout00139 - HERTZ UTILITY UNDERGROUND 244 N INDIAN AGRMEMENT FOR PLACE11,12TT OF Uiv °. Ki�� UTILITIES AND TELEVISION SERVICE THIS AG1,01'1, '+ J , made and entered into this 5th IM ' ' D?coniber, 1960, by and between !� H t a,�� PLt'z CORPI O=ION, a corporation, doing business at 244 North Indian Avenue in Paint Springs , California, hereinafter referred to as FIRST PARTY, and the CITY OF PALK SP-RINGS,CALIFOP.NIA, a municipal corporation, hereinafter referred to as SECOND PARTY, In consideration of the hereinafter set forth covenants and promises by the parties hereto, IT IS 14UTUALLY AGREED: WIMEBAS Second Party did adopt an ordixiance adding Section 9633.3 to Division 9 of the "Palm Springs Ordinance Code" , whereby land developers were required to place utility and -television service underground in certain portions of the City; and EMERREAS First Warty is developing land at the above indicated address for conducting a rent a car business office, and said site is within the requirements for underground utility and tele- vision services; and HHEMIS First Party has made application to the City Council of Second Party for temporary relief from the requirements so that First Party can be served by overhead utility and televisions service, NOW THEOFORE, Second Party will perinit tearaporary overhead utility and television service to the land of First Party conditioned -that: 1. Applicant twill connect to any utility or television service when same becomes available abutting their land, and will make arrangements for removal of any overhead utility or television service. 2. should the utility company or companies obtain authorization from the Public Utilities Commission to enter into refund agree;,aents whereby the excess in cost of underground service over overhead service is refundable to the applicant, then applicant shall enter into such refund agreement with the utility company and shall place all overhead utility iastalla- Lions underground. 3. First Party agrees tIlnat Second Party may order the utility or television company to cease service if First Party does not ockroly with the de,rbanc� for unaderground 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 Party7 or its successor in interest, occasioned by cessation of the utility or television service upon demand of the Second Party. : - ICD.InTED at Palau Springs, California, this 5th day of Decesber , 1960. THE, H-7512Z By tV1ce, President ' Ey Se cre taro FIRST PARTY 1$�FFSq; CITY F PAL SPRINGS,CAlIFO?2IdI1i, a aau ipal o p atlon, �jry 6 arc- y ai ar By C City 3--1 �a�ECOND PARTY J STATE OF VEtaB, xCM ) COUNTY or mv 'vol"at yAM-, On Dovember 29, �_960 before me, the undersigned Al'nary Public in and for said County and State , personally appeared Vice R. A. Patessena known to one to be the/President,and NVA Sol M Viola known tome to be thef Secretary, of T B E H B ;m T Z _ CORPORATION, A Dehf t re 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 me that such corporation executed the same . WITNESS ,y hand and official seal. i i I © ary ���� is in aim -ior said. ` (SEAL) County and State . my commission expires JEANNE M IKAVANAGN �ao:y No_, to,R n No. 1i- S��, - Q M& 0 Q, Yak Cm,ly fomm mon E pm, March 3Q 102, —2—