HomeMy WebLinkAboutCC RESO 14,833RESOLUTION NO. 14,833
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT WITH
SWEETWATER NORTH FOR DEFERRAL OF IMPROVEMENTS
BE IT RESOLVED by the City Council of the City
of National City that the City Manager is hereby authorized
to execute an agreement with Sweetwater North for deferral
of the improvements required as conditions of the grading
permit issued for the Taco Bell restaurant site located on
Sweetwater Road in National City. A copy of said agreement
is attached hereto as Exhibit "A" and incorporated herein
by reference.
PASSED AND ADOPTED this 17th day of December, 1985.
KILE MOR
ATTEST:
IONS CAMPBELL, Ci Clerk
APPROVED AS TO FORM:
GEO GE H. EISER, III, City Attorney
AN
Mayor
AGREEMENT
This Agreement made and entered into this 17th day of December 1985, by and between
Sweetwater North, a general partnership, hereinafter referred to as "Owner" and the City
of National City, National City, California, hereinafter referred to as "City" is made
in view of the following facts:
A. Owner is the owner of certain real property situated in the City of
National City, State of California, as shown on the Engineering Department,
City of National City Plat, attached hereto and marked Exhibit A.
B. Owner has sold to Taco Bell Corporation a portion of the said property
which portion is hereinafter referred to as "the Taco Bell parcel." Owner has
retained a portion of the said real property, hereinafter referred to as "the
retained parcel."
C. City issued a grading permit to Taco Bell Corporation which includes the
following conditions:
1. Landscape and irrigation of the slope.
2. Retaining wall at the toe of the slope.
3. Brow ditches.
4. Chain link fence at the top of the slope.
D. Owner and Taco Bell Corporation have requested a deferral of the above
described improvements relating to the slope at the Taco Bell site. The re-
quest is based on the fact that Owner intends to remove the hill which creates
the slopes to which the improvement requirements apply. City is willing to
grant a partial deferral as hereinafter set forth.
NOW THEREFORE in consideration of the foregoing recitals each of which is incorporated
herein by this reference and the mutual covenants and promises contained herein, the
parties do hereby agree as follows:
1. City agrees to defer completion of the improvements required by
the Taco Bell grading permit until September 1, 1986.
2. Owner agrees to submit the following to City:
(a) Temporary landscape and irrigation plan for the slope;
(b) Plan for temporary retaining wall at the toe of the slope;
3. In place of the chain link fence at the top of the slope, Owner will
provide temporary chain link fence to the satisfaction of the City Engineer.
The brow ditches will be deferred.
4. Owner has improvement security in the form of an Irrevocable Commitment
of Funds on file with City for the full amount of the Taco Bell improvements.
In the event the improvements contemplated by this agreement have not been com-
pleted to City's satisfaction by September 1, 1986, City will have recourse to
the Irrevocable Commitment of Funds to have the improvements completed. Upon
satisfactory completion of the improvements City will release the improvement
security.
5. Owner hereby agrees to indemnify, defend and hold harmless City, its
officers and employees from any and all losses, damages or costs arising from
erosion, landslides or any other causes which may arise as a result of the
partial deferral of improvements as set forth herein.
6. This Agreement shall be binding and inure to the benefit of the
respective parties, their successors and assigns.
7. Owner hereby agrees to perform the temporary work described in items
2 and 3 above prior to issuance of an Occupancy Permit.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year
first above written.
SWEETWATER NORTH, a general partnership
By Thomas, O'Brien & Associates, Real Estate Investments,
a general partnership
By Robert L. Thomas Enterprises, Inc., a general partner
By `L"`.
ROBsERT L. THOMAS, President
CITY OF NATIONALL'ITY
By
EXHIBIT "A"
, CERI IFICATE OF COMPLIANCE
NO.
C] ADJUSTMENT PLAT NO.
ENGINEERING DEPARTMENT
CITY OF NATIONAL CITY
SLOPE AND
LANDSCAPE
_ MAINTENANCE
EASEMENT
502' 25 4
EXIST SDq. E. E45Eb!`NT REC 3-14-23
IN 6WK 92G, PAGE 358, O.R.
PROPOSED
BOUNDARY
EX157 SEWER EAeMENi IN,
FAVOR OF NATIONAL ciry
iC 3.9-62 AS FILE No.
406300.R. AND FOR POLES C
WIRES REC. 12-20-73 AS F/PNo
73-351472 AND ANEASEMENr
FOR RDL ESQ E WIRES IN Fq VoR OF
OG'. ' E. REC' 4-24-73, AS F/PNo.
73-108/4G , O.R.
EX/Sr S. D G c E. EASEMENT RJR
RILES e WIRES REC.
8Q7K 931, PG./77, O.R.
5►t'EEIWRTER RD
NRPONFIL C177
P.O.B.
VICINITY MAP
N T.S.
PROPOSED USE - COMMERCIAL
EXISTING ZONING - CG
atr
OWNER SWEETWATER NORTH, a Gan. Part.
ADDRESS 1615 Swaatwat.r Road National City.
PHONE NO. Ca. a2050 47a-6101
SIGNATURE ��s1 ,( _
OWNER
ADDRESS
PHONE NO.
SIGNATURE
OWNER
ADDRESS
PHONE NO.
SIGNATURE
MAP PREPARED BY
ADDRESS
PHONE N0.
R.E. NO.
SILLMAN/WYMAN AND ASSOC.
10671 ROSELLE STREET. STE. 200
S.O., Ca. 22123 (6 19)453-4320
BRUCE H. WYMAN RCE 23260
PLANNING DEPT.:
BY:
APPROVALS_
DATE:
ENGItiEERIUG DEPARTMENT:
BY:
DA1'•
RECORDATIC'I:
RECORDED By COUNTY RECORDER:
DOCUtiENT NO.
DATE:
EXHIBIT
If