HomeMy WebLinkAbout00164 - WELMAS UTILITY UNDERGROUND CALLE ENCILIA A G R E B M E NT
I$7E APP'OING PLACFMMT OF iJI^dDERGROFJND UTILITIES APOfD
T- ENISION SERVICE
THIS AGREMIF;NT, made and entered into this 30thday of September,
19617 by and between F. F. PBARSON,hereinafter referred to as
"Trustee'" , as Trustee for Indian allottee Albert R. Welsnas, and
CITY OF PALM SPRINGS,CALIFORNIA, a municipal corporation,herein—
after referred to as "City"' ,
-
WIT NFSS LT11:
That, in consideration of the hereinafter set forth covenants and
promises by the parties hereto, IT IS MUTUALLY AGI +.ED T11AT :
IvEREPS the City did adopt. an ordinance 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 Cfcy; and
IMEREAS Trustee has shade application to the City Council of City
for temporary relief from the require,iaents so that Trustee can be
served by overhead utility and television service; and
IMERFAS Trustee is the trustee for the Cahuilla Indian allottee
named Albert R. Ilelmas, and is authorized to enter into agreements
for and on behalf of said Indian; and said Indian Albert R. Idelisaas
owns a certain allotment in Section 14 , Township 4 South,, Range 4
East, San Bernardino Base & Meridian, in the City of P'alra Springs ,
Riverside County,California, and does desire to build a home on
the said allotment, facing that certain street known as Calle Lncelia,
in said Section 14, T4S, R4.E, SBB&M,
NON TIIF;R + 0PE, City will pernnit temporary overhead utility and
television service to the aforementioned land as requested by Trustee
conditioned that:
1. Trustee shall arrange with the utility or television companies
to have overhead utility service placed underground upon order
by City evidenced by resolution of the City Council.
2. Trustee agrees that City may order the utility or television
company to cease service if Trustee does not comply with the
demand for underground utility and television service as proms
vided above.
3 . Trustee specifically agrees and does hold harmless the City
and any utility or television corapany from any and all claims
by Trustee, or its successor in interest, occasioned by
cessation of the utility or television service upon demand
of City. �`.�"��
DATE�M at Palm Springs, Ca ifornia7 th s ay of Septe;sai r, 1961.
F 1'Lµ,ARSON, Traaste0,4'or
�. 1 11 t R. 1lelmas, idian allottee
R-
B. F. Pearson
Trustee
CITY OF PALH SPRINGS, CALIFOR]qIA,
a ;aunt capr�y, corporation,
u% i� , ; id
�,Tagner,City Manager
1 City
STAIN OF CAIIF'OMUA )
ss.
COUNTY OF RIVERSIDE )
On this �/. , 'day of September, 1961, before sae, the
undersigned Ilotary Public in and for the above mentioned County
and State, personally appeared E. F. Pearson, Trustee for Albert
R. Welmas, Indian allottee, known to me to be the iperson wpno
executed, as "Trustee" the foregoing Agreement with the City of
Palm Springs, California, and acknowledged to me that he executed
such instrument for and on behalf of Albert R. Welraas .
Given -under my hand and official seal he day and year first above
wrii:ten.
INotaryPub3ic'/in and for^ 'trpae
above County' and State.
Per commission expires
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