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Home My WebLink AboutResolution No. 3549of RESOLUTION NO. 354A s a r, A' RESOLllTIiiN OF THE CITY COUNCIL OF THE CTTI OF " "AZUSA APPROVING AGREEMENT FOR ELECTRI-CAL DISTRI ' BUTION 'FACILITIES AND ENERGY BETWEiRi THE CITY cy `L k:yl;y �. WAZUSA AND THRIFTY DRUG STORES' COMPANY. INC.; AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY . CLERri TO ATTEST SAME: ' The City Council' -of the City of Azusa does'resolve as follows: BE IT RESOLVED that that certain Agreement for Installation and Removal of Electric Distribution Facilities for Supplying,Electrical Energy for Power and Lighting Service dated November 5`. 1y56"'between the City of 'Azusa Light and Power Department and .' THRIFTY DRUG STORES COMPANY INC'., the original of which is on file with the City Clerk of the City of Azusa, be and the same is hereby approved; _ BE IT FURTHER RESOLVED that the Mayor of the City of Azusa be and he is hereby authorized to sign the said"contract.for and on behalf of the City and City Clerk is hereby directed to'attest the'same. When so signed and attested and signed by all parties hereto, three copies of ° said contract are to be`delivered to ,said ; THRIFTY- DRUG STORES COI''tPANY INC.; „ BE IT FURTHER RESOLVED that the Mayor shall sign this Resoliutibn.and the City Clerk shall attest the -same and certify to the passage and adoption thereof. MAYOR of the City of Azusa' ATTEST'/CII\' TY CLERK of the City of Azusa I hereby certify that the foregoing resolution was duly and regularly adopted by the City Council of the Citi* of Azusa at a regular Council _ meeting of said Council of said Cita held in the regular council chambers of said City Council in said City. n�nber 1 , 195_6_ and that the same was passed by the following vote of the Council: AYES: COUNCILMEN:-Ra=ett n..+nnn., je so ¢ Ramero NOES: COUNCILMEN: N.ne ABSENT: COUNCILMEN: Nona = '1 ty Clerk, ultir of Azusa a=•..� J, 1• MUNICIPAL LIGHT AND POWER DEPARTMENT LOS ANGELES COUNTY, CALIFORNIA Agreement For Installation and Removal of Electric Distribution Facilities For Supplying Electrical Energy For Power and Lighting Service THIS AGREEMENT, made this ...... 5.th...... day of ... NOV.eMber......... 19.%., between the CITY OF AZUSA LIGHT AND POWER DEPARTMENT, hereinafter called "The City", and .....TAFU..T1..DRUG..BT_CRM... CAMEAR1.10.................... IL53._ Mt A ............................ hereinafter called "The Customer", WITNESSETH: THAT, WHEREAS, the City will install electric distribution facilities for the purpose of rendering any customer service, provided the Customer shall pay to the City in advance the net cost of ........... $250.0a ........................................... .............................. _. installing and removing any facilities necessary in connection with the furnishing of such service by the City; and WHEREAS, the Customer desires to receive service for the following purpose: .... RetAil,... StQr%P.---..47i.,Fj..F'._....._ ... Phase.: ..................................... ............----.................................._......._...............---...........................----........ ----------- the net cost to the City of installing and removing the facilities necessary to render such service being $15.0.09 ......................... payment of which sum by the Customer to the City is hereby acknowledged; NOW THEREFORE, the City agrees to install its facilities for the purpose of rendering the Customer such service at the above premises, said service to be supplied by the City at the standard voltage of ...... 12.0.5)0-0 ......... .... volts on the primary side and ........�.................... volts on the secondary side of the transformer, as requested by the Customer. Said facilities will be owned by the City on the property of the Customer, and it is expressly understood that the City and its authorized agents and representatives shall at all times have complete and exclusive control of the operation, repair and maintenance of said facilities, and/or the right to remove said facilities should the Customer fail to comply with all the provisions of this agreement, and the City shall at all times have the right and privilege of ingress and/or egress in, upon, along, and over the property of said Cus- tomer without any cost or expense whatsoever to the City for the use of said property upon which the said facilities are located. The City will repay to the Customer, without interest, the monies advanced herewith, provided: (a) The Customer has used continuous service for three years from the date service is first rendered from the new facilities installed as a result of the money advanced herewith; (b) The Customer has paid to the City an average total of $..47er50............ per month for ..... 3.1_JF At1.Y_......_.._.._..__......� charges based on the entire three-year period; (c) The Customer agrees to continue to use not less than the same electric service for another three-year period after the expiration. ofthe aforesaid three-year period; t(d) The City'is'satisfled with the Customer's ability to meet its obligations for an additional three-year period. - (e) The provisions -of this agreement have been complied with by the Customer. The City further agrees that any repayment to the Customer of the monies advanced herewith will be made thirty days after the conditions hereinbefore set forth have been complied with. However, if the Customer has not fully complied with said conditions, then=the monies advanced, or any part thereof, shall not be returned, and the Customer waives all rights and/or claims to all or any portion of said monies advanced. This agreement shall at all times be subject to such changes or modifications by the City Council of the City of Azusa as said Council may fiom time to time direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, said parties have executed this agreement on the day and year first above written. /.o ATTEST: �. �J\ City Clerk Witness to Signature of Customer: I RESOLVED, that the act of Robert Jersey, Construction Superintendent, in executing agreement dated November 5, 1956, by and between City of Azusa Light and Power De- partment and this corporation for the installation and removal of electric distribution facilities for supplying electrical energy for power and lighting service covering certain premises known and designated as No. 153 East Gladstone, Azusa, California, be and the same is hereby fully ratified and confirmed as the act of this corporation in every respect. The undersigned, Leonard H. Straus, hereby certifies that he is the duly elected, qualified and acting Vice President and Secretary of Thrifty Drug Stores Co. Inc. , a California corporation, and that the foregoing is a full, true and correct copy of resolution duly adopted by the Board of Directors of said corporation at a regular meeting of said Board held on the 27th day of November, 1956, at which a quorum was at all times present and acting, and that said resolution has never been amended or rescinded and is in full force and effect as of the date of this certificate. IN WITNESS WHEREOF, the undersigned has executed this certificate and affixed hereto the corporate seal of said corporation this 27th day of November, 1956. R 1� t'� Leonard H. Straus Vice President and Secretary Thrifty Drug Stores Co. Inc. (SEAL)