HomeMy WebLinkAboutCC RESO 15,011RESOLUTION NO. 15,011
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
MAINTENANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY,
FAMPEL OF SAN DIDGO, INC. AND DEL RIO CORPORATION FOR
A CONCRETE DRAINAGE DITCH
BE IT RESOLVED by the City Council of the City of National City,
California, that the City Manager is hereby authorized to execute a
Maintenance Agreement between the City of National City, Fampel of San
Diego, Inc. and Del Rio Corporation for a concrete drainage ditch running
along the east border of the Casas Bonita Subdivision (see plat).
PASSED and ADOrrry this 8th day of July, 1986.
Rile
ATTEST:
Ion= Campbell, City Y erk
APPROVED AS TO FORM:
George H. Eiser, III - City Attorney
RECORDED REQUESTED BY
WHEN RECORDED MAIL TO
CITY OF NATIONAL CITY
1243 NATIONAL BLVD.
NATIONAL CITY, CA
MAINTENANCE AGREEMENT
This Agreement is made as of this 8th day of July , by and between FAMPEL of
San Diego, Inc. a California Corporation, Del Rio Corporation. ("OWNERS") and
the City of National City, a municipal corporation ("CITY") with respect to the
following facts:
A. Owners have made application to the City for approvals of Casas Bonita
Subdivision Map within the City of National City at the real property described
in Exhibit A attached hereto ("PROPERTY").
B. As a condition to City's approval for the development of the
subdivision, City requires that owners agree to provide certain maintenance
measures in the future in the event such measures are required for public
safety reasons.
NOW, THEREFORE City and owners agree as follows:
1. In the event the City Engineer determines that for public safety
reasons the concrete drainage ditch running along the East border of the
subdivision require resurfacing or any other type of maintenance work, the
owners shall have this work performed at their cost and expense within sixty
days of being provided with written notice to do said work by the City
Engineer.
ISo/J
2. In the event the City Engineer of the City believe that such
additional maintenance measures are required, representatives of the City shall
meet and confer with representatives of the owner to discuss such additional
maintenance measures and following such meetings, the City Engineer and/or the
City Manager shall give owner written notices prior to requiring the relining
or any other types of maintenance work required for the concrete drainage
ditch.
3. Covenants contained herein shall run with the Property and shall
insure to the benefit of andbe binding upon the successive owners of the
Property and the City.
4. This Agreement shall be construded and enforced in accordance with and
governed by the laws of the State of California.
5. This Agreement shall be binding upon and insure to the benefit of the
parties and their respective heirs, legatees, legal representatiaves,
successors and assigns.
6. This Agreement may be amended, modified or changed by the written
consent of the parties.
7. This Agreement shall be recorded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date first set forth above.
APPROVED AS TO FORM
George H. Eiser III
City rney
J G�J ilo.
CITY OF NATINALCITY
A MUNICIPL CORPORATION
FAMPEL OF SAN DIEGO, Inc.,
a California Corporation
By:
Del Rio LZ`orporatiorC, a
California Corporation.
STATE .OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On before me, the undersigned, a Notary Public in
and for said State, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within -instrument as the
and personally known to me or proved
to me on the basis ofsatisfactory evidence to be the person who executed
the within instrument as the of CITY OF NATIONAL CITY, a
municipal corporation that executed the within instrument and acknowledged
to me that such municipal corporation executed the within instrument.
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
--STATE OF CALIFORPIIA )
ss.
COUNTY OF SAN DIEGO )
On lull t, IQ S before me, the.undersigned, a Notary Public in and
for said State, -.personally appeared SO iNE CRL)L
.personally known to me or proved to me on the basis of satisfactory evidence
to be the person who executed the within instrument as the PR ESJ..D UT
of the partners of the partnership that executed the within instrument and
.acknowledged to me that such partnership executed the same.
WITNESS my hand and: official seal.
Signature
I
OFFICIAL SEAL
a; GP' P.D M DONOVAN
cal= - NOTARY PUBLIC - CALIFORNIA
`�S SAN DIEGO COUNTY
\y� My comm. expires MAR 28, 1988
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On before me, the undersigned, a Notary Public in
and for said State, personally appeared
personally known to me or proved to me on the basis of satisfactory
evidence to be the person who executed the within instrument as the
and personally known to me or proved
to me on the basis ofsatisfactory evidence to be the person who executed
the within instrument as the of CITY OF NATIONAL CITY, a
municipal corporation that executed the within instrument and acknowledged
to me that such municipal corporation executed the within instrument.
pursuant to its bylaws or a resolution of its board of directors.
WITNESS my hand and official seal.
Signature
--STATE OF CALIFORUTA )
} ss.
COUNTY OF SAN DIEGO )
On__ /e' // lfiT before me, the undersigned,a Notary Public in and
-for said State, .personally appearedh1 S /-k-/ 2 o 4:S-
personally known to me or proved to me on the basis of satisfactoryacevidence
to be the person who executed the within instrument as the f2EZ-/22E✓
of the partners of the partnership that executed the within instrument and
.acknowledged to me that such partnership executed the same.
WITNESS my hand and. official seal.
Signature
OFFICIAL SEAL
JORGE CRUZ
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
__ _ My Ccmm..rpires lone 12, 1987
EXHIBIT A
(Description of Property)
CASAS BONITA, being a subdivision of lot 33 of Bonita Greens, in the City
.of National City, County of San Diego, State of California, according to
map thereof No. 8575, filed in the office of the County Recorder of San
Diego County May 6, 1977.
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