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HomeMy WebLinkAbout00195 - PALM SATURNINO DEVELOPMENT UTILITY UNDERGROUND INDIAN SATURNINO SEC 14 r A G R E E M E N T FOR PLACEMENT OF UNDERGROUND UTILITIES AND TELEVISION SERVICE T1115 AGRE21ENT, made and entered into this rf_z-/,�'. day ofl_ r�ti., 1962, by and between PALM SATURNINO DEVELOPND NT CO. , a Califorania cor,- poration, hereinafter referred to as "First Party" , and the CITY OF PALM SPRINGS. CALIFORNIA, a municipal corporation, herein- after referred to as ^"Second Party" , T; ITNES SETH: That in consideration of the hereinafter set forth covenants and promises by the parties hereto, IT IS MUTUALLY AGREED THAT: TEIEREAS Second Party has adopted an ordinance providing additions to Division 9 of the Palm Springs Ordinance Code" whereby land developers are required to place utility and television service underground; and THMEAS First Party has made application to Second Party for tem- porary relief from the requirements so that First Party can be served by overhead utility and television service, NOTE THEREFORE Second Party will permit the following type of utility service: 1. In accordance with Resolution No. 6873 of Second Party, First Party may have an additional power pole to serve First Part; Ts building, said building being approximately 14.0 feet East of Indian Avenue and fronting on Saturnino Road in the City. The site is also known from the records of the Bureau of Indian Affairs as "Block 53 , Section 14., Township 4 South,Range 4 East,Riverside County,California" . 2. The service to the above mentioned premises from the additional pole shall be by way of underground drop for the line running from the pole to the building. 3. Should the utility company, or companies, obtain authorization from the Public Utilities Commission to enter into refund agree- vents 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 installations underground. 4. First Party agrees that Second Party may order the utility or television company to cease service if First Party does not comply with the Iemand, for underground utility and television service by January 1, 1963. 5. 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, occa- sioned by cessation of the utility or television service upon- _ demand of Second Party. Bated at Palm Springs, California, the day and year first aroye-written. PALM SAVTMHNO DLPiNELOPMENT CO..- 4fyy 1, Preside11t- Dy_.,, ✓ ���a�r� .� ✓ Secretary- "FIRS.T 'PARTY" CITY OF PALM SPRINGS CALIFORNIA A Municipal corpora ' D F, NI, BOGPRT,'Ma of Palm Springs "SECOND PARTY" to ., war; nconzin _ . 1-'.-2 - - �r.� 17 - v_ .s. a.- C. —_ ,.._- roil 'i, _ ,.. . _. - .. nj ryuj TJ -;Yr__, mill AS _r,;, . _ - - �i STATE OF CALIFORNIA ) COUNTY OF On this ,�� day of T , 1962, before me, tine undersigned Notary r, Public in and for the /County and State aforesaid, personally appeared ;'' ' � �i"d � ��` �✓ � A � nown to me to be the president, and "`' �� �� ` � ;�"' ` ��� known to me to be the Secretary, of PALH SATURNINO DEVELOPMENT CO. , a California corporation, the corporation which executed the foregoing agreement, who acknowledged to me that they executed the foregoing instrument on behalf of such corporation and were duly authorized so to do. WITNESS my hand and official seal. Notary Public in and for said County and' State. my commission expires My cwmminn Fuipnes 6cpv. 36, P9oG 2ac