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HomeMy WebLinkAboutCC RESO 16,116RESOLUTION NO. 16,116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATTIONAL CITY APPROVING AN ENCROACHMENT REMOVAL AGREEMENT FOR THE RADISSON HOTEL AT 700 BLOCK OF NATIONAL CITY BOULEVARD WHEREAS, on November 21, 1989, the matter of an encroachment permit was presented to the City Council by the applicant; and WHEREAS, the City Council has received the report and recommendation of the Engineering Department; and WHEREAS, the applicant has executed an Encroachment Removal Agreement with the City of National City promising to comply with all requirements of the Planning and Engineering Departments of the City of National City; NOW, THEREFORE, be it resolved that the City Council hereby accepts that certain document entitled "Encroachment Removal Agreement" and directs the City Clerk to record the same. PASSED and ADOPTED this 21st day of November, 1989. ATTEST: Lori Anne Peoples, City Clerk APPROVED AS TO FORM: J* George H. Eiser, III, City Attorney George H O Waters, Mayor ENCROACHMENT REMOVAL AGREEMENT In accordance with the action by the City Council, the undersigned, the owner of: in the City of National City, County of San Diego, State of California, in consideration of the grant of permission by the City of National City to maintain a building or other structure within a City Easement or rights -of -way for the use and benefit of owner's property and adjacent lands, covenants and agrees with the City of National City as follows: PL4, ic-V4 6'6v C)- (.) Upon notification in writing by the City Engineer, the r eipmetieveshall be abandoned, removed or relocated by the OWNER. C. . (2) The said building or structure shall be maintained in a safe and sanitary condition at the sole cost, risk and responsibility of OWNER and successor in interest, who shall hold the City harmless with respect thereto. (3) This assignment is made for the direct benefit of OWNER'S land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or his successors fail to remove or relocate the building or structure herein permitted within thirty (30) days after notice of removal or relocation, City may cause such removal or relocation to be done and the cost thereof shall lien upon said land. (4) O W E S m�ty, at eir o i an su ] et o ap ro al b th ity E infer re o st ug�t �es� saver rid/ r/drayage a ' ities � elev tioaY� 4 ^ ' 1 c io re. eu of a dor(ing,/re ving 6r r oc ing j t ildin or•�o er b • tr ct 1II) (5) At all times during which OWNER maintains the encroachment in the public easement or right-of-way, OWNER shall maintain in full force and effect a policy of public liability insurance covering any and all claims for injuries to persons or damage to property arising from said encroachment, with combined single limits of Three Hundred Thousand and No/100ths Dollars ($300,000.00) per occurrence for bodily injury, sickness and disease, including death resulting therefrom, and Three Hundred Thousand and No/100ths Dollars ($300,000.000 for claims for property damage. The City of National City shall be an additional insured under said Policy of insurance. (6) The policy of insurance so obtained shall contain a contractual liability endorsement covering the liability assumed by this Agreement, and shall contain a provision that such policy may not be cancelled nor the amount of coverage reduced except after thirty (30) days' written notice to the City of National City. Certificates evidencing such insurance coverage shall be filed with the City. PLAT SHOWING LOCATION OF BUILDINGS OR OTHER STRUCTURES, EASEMENTS OR RIGHTS -OF -WAY AND SEWER AND/OR DRAINAGE FACILITIES: Dated Al / Signa ie) (Viler CAT. NO. NN00627 TO 1944 CA (9-84) (Individual) ij TICOR TITLE INSURANCE STATE OF CALIF NIA COUNTY OF n %DLL �' d Q �' n On IV O L*C/!7 /�, /9 ,/ before me, the undersigned, a Notary Public in and for said State, personally appeared 'Jv/) s>r( hinn ar e-nti_a� .bed proved to me on the basis of satisfactory evidence to be the person=whose name ,s , subscri ed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. Signature�1. • jgra_ C; •�_iyn mos'L� OFFICIAL fEaI SOMt MIRUCGWO tI s MOIINi.n..OFFICE IN SIN MOO COUNTY Crom IS WPM D. WO (This area for official notarial seal) Assessors Office No. (FOR RECORDERS USE ONLY)