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HomeMy WebLinkAboutCC RESO 14,478/^ RESOLUTION NO. 14,478 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A COOPERATIVE AGREEMENT BETWEEN GROVE PLAZA, LTD. AND THE CITY OF NATIONAL CITY (Grove Street) BE IT RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the City, a Cooperative Agreement between Grove Plaza, Ltd. and the City of National City as it applies to the construction of the reinforced Box Culvert within and near the Grove Street right-of-way. PASSED and ADOPTED this 13th of November, 1984. ATTEST: r r ..GREEMENT TO EXTEND PARADISE CREEK ACROSS GROVE STREET WITH A BOX CULVERT This agreement, entered into on November 14 , 19 84 , is between the City of National City and Grove Plaza, Ltd. —herein called Devel- oper). RECITAL 1. Developer is building a box culvert upstream of the crossing in order to increase parking facilities on city owned land. 2. There is an existing box culvert downstream of Grove Street. 3. The City and the Developer will benefit from this improvement. 4. The City of National City and the Developer mutually desire to cooperate and jointly participate in construction of the aforesaid improvements and desire to specify herein the terms and conditions under which said improvements shall be constructed and financed. SECTION 1 The Developer agrees to: 1. Provide plans, specifications and Engineer's cost estimates for construction of the box culvert. 2. To advertise, award and administer this project, in compliance with the Davis Bacon Act. 3. To construct this project by contract, in compliance with the Davis Bacon Act. SECTION 2 The City of National City agrees to: 1. Pay its prorata share of the design cost. 2. Make progress payments on completed work within twenty (20) days of written request after this workis verified to the satisfaction of the City, approval and payment not to be unreasonably withheld. 3. Pay the entire cost of the construction engineering and all construction costs. SECTION 3 1. Any change orders or modifications to the Scope of the Work shall not be authorized by the Developer without the concurrence of the City of National City unless said change order or modification materially affects the respec- tive obligations of the parties. • 2. This Agreement can be modified, altered or revised only with the written consent of both parties. 3. This Agreement shall terminate upon completion and acceptance of project by both the Developer and the City of National City or on March 31, 1985, whichever is earlier in time. DEVELOPER CITY OF NATIONAL CITY By: &ROVE P6;4 Z;{4 1-7)) By: MAYOR t: STATE OF CALIFORN COUNTY OF / On O: sS. befor3 undersigned. a Notary Public in and for said State. personally appeared to be e>2.,' ,-f"t rdtt of the partners of the partnership that executed the within instrument. and acknowledged to me that such partnership executed the same. WITNESS m hand d official sea Signatur($ G^ �l�Ji�G ZLCtz-/ Farm 3215 Partnership • known to me OFFICIAL SEAL. USA WEINTRAUB NOTARY PUBLIC • CALFORNIA SAN DECO COUNTY My COMM. (.pins luly /, IP87