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446 ice) <br />RESOLUTION No. 850 AUTHORIZING CITY MANAGER TO SIGN AGREEMENT WITH THE LAND DEVELOPMENT <br />COMPANi' in regard to water system in Carson-Monkton Tract was offered and moved <br />for adoption by Councilman Morgan, subject to study by Council members to be signed <br />after they had read it, seconded by Councilman Swift and carried, on roll call. <br />Councilman Spillers noted absent. Copies were to be made available to Council <br />members and they in turn were to notify City Manager Rolison of their acquiescence <br />to the agreement. <br />RESOLUTION No. 850. <br />RESOLUTION APPROVING AGREEMENT WITH LAND DEVELOPMENT COMPANY <br />WHEREAS the City of Redwood City and Land Development Company have reached <br />an agreement whereby they will compromise all of their differences arising out of <br />that certain action now pending in the Superior Court of the State of California <br />in and for the County of San Mateo, which action is entitled "Land Development <br />Company vs. the City of Redvrood City, No.4913811; <br />NOW, THEREFORE, IT IS HEREBY RESOLVED by the Council of Redwood City as <br />follows: <br />1. That that certain agreement between the City of Redwood City and Land <br />Development Company, a copy of which is attached hereto and made a part of this <br />resolution, is hereby approved. <br />2. That the Mayor and City Manager of Redwood City be and they hereby are <br />authorized and directed to executed said agreement on behalf of the City of Redwood <br />City. <br />Passed and adopted by the Council of the City of Redwood City at a regular <br />meeting thereof, held on the 20th day of March, 1950, by the following vote: <br />AYES, and in favor of the passage and adoption of the foregoing resolution, <br />Councilmen: BRITSCHGI, GRANGER, HOLMQUIST,'MORGAN, SWIFT, and Mayor WERDER. <br />NOES, <br />ABSENT, <br />ATTEST: <br />Councilmen: NONE <br />Councilmen: SPILLERS <br />RALPH S. DODGE <br />Clerk of the City of Redwood City <br />W. M. WERDER <br />Mayor of the City of Redwood City <br />I hereby approve the foregoing resolution <br />this 21st day of March, 1950. <br />W. M. WERDER <br />Mayor of the City of Redwood City <br />A G R E E M E N T <br />THIS AGREEMENT, made and entered into this day of , 1950, by and <br />between the CITY OF REDWOOD CITY, a numicipal corporation, herein referred to as <br />the City, and LAND DEVELOPMENT COMPANY, a California corporation, herein referred <br />to as the Company. <br />W I T N E S S E T H: <br />WHEREAS the Company, on July 14, 1949, commended an action in the Superior <br />Court of the State of California, in and for the County of San Mateo, against the <br />City and certain officers thereof, which action is now pending and is entitled <br />"Land Development Com any et al vs."The City of Redwood City, et al" and is <br />numbered therein "No.}9138"; and <br />WHEREAS it is the desire of the parties to this agreement (a) to settle, <br />adjust and compose their differences respecting the matters alleged in the said <br />complaint, (b) to provide for a method of installing a water supply and distri- <br />bution system in the tract referred to in said action and for the financing <br />thereof and (c) to provide for the settlement of the said litigation by the <br />entry of a decree therein in accordance with the terms of this agreement; <br />NOW, THEREFORE, in consideration of the mutual promises and agreements herein <br />contained, it is hereby agreed between the parties as follows: <br />1. The parties hereby agree to release and do hereby mutually release each <br />other and the successors in office of any of the officers named in the action <br />above referred to, and the successors In interest of the Company, respectively, <br />w <br />