HomeMy WebLinkAboutCC RESO 15,670RESOLUTION NO. 15,670
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE
AN IMPROVEMENT AGREEMENT BETWEEN HEARTLAND
MEAT COMPANY AND THE CITY OF NATIONAL CITY
BE IT RESOLVED by the City Council of the City of
National City that the Mayor is hereby authorized to execute
an Improvement Agreement between Heartland Meat Company and
the City of National City, a copy of which is attached hereto
as Exhibit "A".
PASSED and ADOPTED this 5th day of July, 1988.
GEORGE M. WATERS, mAYOR
ATTEST:
IO CAMPBELL, TY CLERK
APPROVED AS TO FORM:
4JL,e;
GEO1tGE H. EISER, III
CITY ATTORNEY
AGESPIENT
This Agreement is made by the City of National City, a municipal
pa
corporation, herein called "City" and Heartland !seat may, a corporation
whose mailing address is 1413 Wilson Avenue, National City, California
92050 herein called "Developer."
RECITPAL
Whereas City has indicated the need for paving Alley 37 located between
Harding and Wilson Avenues, and between 14th and 15th Streets. The City
finds that the public interest is served by the partial construction of the
alley fram 14th Street southward for a distance of approximately 75 feet at
this time; and
Whereas Developer has applied for an obtained approval of a building
permit, #8010 and is in the process of developing its property pursuant to
this building permit; and
Whereas Developer is willing to construct the referenced portion of the
alley per City of National City Drawing No. 6529-D, provided it is
reimbursed for 50% of the cost thereof by the City of National City by
December 31, 1988, estimated to be $4,700.00.
Now therefore in consideration of the Recitals and the mutual obligations
of the parties as herein expressed, City and Developer agree as follows:
1. Upon execution of this agreement, the Developer shall deposit the sum
of $4,700.00 with City to secure performance of its obligation under
this Ayreeiixt.
2. Developer will complete the partial construction of the alley from
14th Street southward for approximately 75 feet to the developer's
southerneast property line fronting the alley, pursuant to City's
Drawing No. 6529-D.
3. The Developer shall complete said construction prior to December 31,
1988. Said construction shall be in accordance with the City
specification relating to such work and to the satisfaction of the
City Engineer.
4. Upon completion of the work and acceptance thereof by the City
Engineer, the City shall reimburse the Developer for 50% of the alley
pavement cost,. Payment to the Developer shall be made by the City,
as provided herein, by January 30, 1989 or 30 days after completion of
construction. The City at this time shall also release to the
Developer the deposit of $4,700.00 that he has made for his portion of
the improvements.
5. Subject to the provisions of paragraph 6., Developer shall inietmify,
defend, and save City, its officers and employees free and harmless
of from all claims, demands, losses and liability, including legal
fees, arising from this agreement.
6. In the event that suit is brought upon this agreement by either party
to enforce the terms hereof, the prevailing party shall be entitled
to a reasonable sun for attorney's fees.
7. Notwithstanding any other provisions hereof to the contrary,
Developer's obligations hereunder shall ceased and terminate upon
City's acceptance of the alley pavement improvements to be constructed
hereunder.
IN WMNESS WHEREOF, this agreement is executed by the City of National
City, acting by and through its City Manager, pursuant to a
Resolution 15.670 authorizing such execution and by Developer.