HomeMy WebLinkAboutCC RESO 15,607RESOLUTION NO. 15,607
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
IMPROVEMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY
AND ALEXANDER HAAGEN CO. INC., FOR PUBLIC AND PRIVATE IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of National City,
California, that the City Manager is hereby authorized to execute an
Improvement Agreement between the City of National City and Alexander
Haagen Co. Inc., (attached as Exhibit A) for public and private
improvements.
PASSED and ADOPTED this 10th day of May, 1988.
(]e:o
rge W ers, Mayor
ATTEST:
Campbell, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III - City At 4
EXHIBIT "A"
AGREEMENT '
This AGREEMENT is made by THE CITY OF NAT O AL Cr!'!, a municipal
corporation, herein called "City" and Alexander Haagen Cb. whose
mailing address is 3500 Sepulveda Boulevard, Manhattan Beach,
California 90266, herein called "Developer.
RECITALS
WHEREAS City has indicated the need for the following
improvements arising out of the development at the property at 3007
Highland Avenue, National City: (1) Curb, gutter and sidewalk along
the frontage of the west property line; (2) A curb outlet with 18"
pipe extension; (3) A pedestrian ramp. (See detail for locations of
improvements). The City finds that the public interest is served by
the design and construction of curb, gutter, sidewalk, curb outlet
with 18" pipe extension and pedestrian ramp at this time; and
UHEREAS Developer has applied for an approval of a Site Plan (SPR-
8-87) and a grading plan for certain property known as Modified
Shopping Center (former Genvo Store), and is in the process of
developing its property pursuant to said Site Plan and trading Plan;
and
WHEREAS Developer is willing to design and
referenced curb, gutter, sidewalk, curb outlet with 18"
construct the
pipe extension
and pedestrian ramp in conjunction with the overall development of its
property under Site Plan (SPR-8-97) and Grading Plan.
construction cost of these improvements is $8,500.00
The estimated
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NOWTHESEFCRE in consideration of the Recitals and the mutual
obligations of the parties as herein expressed, City and Developer
agree as follows:
1. Developer will complete the design of curb, gutter sidewalk
along the frontage of the west property line starting from
the southwest corner of property approximately a distance of
190 feet northerly, curb cutlet with 18" pipe extension and
pedestrian ramp pursuant to improvement plans as approved by
the City Engineer.
2. The Developer shall complete said construction immediately
after Caltrans construction of Highway 54 at Highland
Avenue. Said construction shall be in accordance with the
City specifications relating to such work and to the
satisfaction of the City Engineer.
3. The developer shall submit a bond for the sum of $8,500.00
with the City Treasurer as a security that it will do the
work. In the event that developer does not perform the
improvements at the time that the City requests it, the City
shall use the $8,500.00 bond to do the work.
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4. Subject to the provisions of paragraph 6, Developer shall
indemnify defend and save City free and harmless of and
from all claims, demands, lasses and liability, including
legal fees, to the extent the same is the result of an error
,omission or negligent act hereunder of developer, or any
person employed by Developer in constructing the subject
curb, gutter, sidewalk, curb outlet with 18" pipe extension
and pedestrian �aw.
5. In the event suit is brought upon this contract by City to
enforce the terms hereof, City shall be entitled to a
reasonable mina attorney's fees.
6. Notwithstanding any other provision hereof to the contrary,
developer's obligation hereunder shall cease and terminate
upon City's acceptance of the curb, gutter and sidewalk,
curb outlet with 18" pipe extension and pedestrian ramp at
the southeast curb return of Highland Avenue and
Southeastern driveway improvements to be constructed
hereunder.
CITY OF NATIONAL CITY
A Municipal Corporation
is1/11to(re.„
MANAGER
7. The City will release the developer $8,500 bard upon the
City's acceptance of the pmoject.
_ m W INES'S WHEREOF/ this agreement is executed by the City of
National City, acting by and through its City Engineer, pursuant to
Resolution No6t5ii001 authorizing such execution and by Developer.
t �.
Dated this 1 if day of rl I , 1988.
ALEXANDER EAAGFid CO. mt.
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