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HomeMy WebLinkAboutCC RESO 12,989RESOLUTION NO. 12,989 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT BETWEEN CITY OF NATIONAL CITY AND MARGARETE L. SHAMPO FOR CONSTRUCTION OF 5-FOOT HIGH RETAINING WALL ADJACENT TO 3100 BLOCK OF EAST 2ND STREET BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized and directed to execute, and the City Clerk is authorized to attest, that certain agreement between the City of National City and Margarete L. Shampo for construction of 5-foot high retaining wall adjacent to 3100 block of East 2nd Street. PASSED AND ADOPTED this 27th day of February, 1979. ATTEST: �.C. te,.e. Pico. � `!sAq AGREEMENT W EREAS,. MARGARET L. SHAMPO, and the CITY OF NATIONAL CITY seek to construct a retaining wall along, adjacent to, and over a portion of Second Street in the City of San Diego, California; and WHEREAS, the construction of a retaining wall would eliminate conditions of mutual concern alleged to be detrimental to the public health, safety and welfare; and WHEREAS, the parties have agreed to construct and maintain said improvements to their mutual benefit; THEREFORE,. IT" IS HAY AGREED THAT: 1... The CITY OF NATIONAL.. CITY will diligently undertake thepreparation of Engi- neering design drawings for the constructionof said retainingwall;.. and. Z., The CITY OF NATIONAL. CITY its agents or assigns will excavate for and rnn4- truce a. five foot high retaining wall, the face of which will be five feet from existing curb' line ° of Second. Street produced- Easterly, for a distance of approximately 25 feet. inlength; and 3. MARGARETE L. SHAMPO shall upon completion of the works described above,hold. the City harmless from any- further works and this agreement shall supercede' any and ail past agreements between. MARGARETE L. SHAMPO and the CITY OF NATIO- NAL CITY whether such agreements be alleged or true, in writing or verbal; 4.- MARGARET L. SHAMPO shall uponcompletionof the works describedin. items. 1 and. Z above,hold. the City harmless from all actions at law,whether tort or contract, relative to the: wallconstruction,.. its safety and location.. S. ALL .WORKS. TO BE CONSTRUCTED. SHALL_ BE accomplished according to the: design: mentioned. in Item 1 above:, applicable City Standards and Specifications of: the City of National City'. ALL. WORKS. TO, BE CONSTRUCTED SHALL BE accomplished. to the satisfaction of the City Engineer of the City of National City, .Cali- fornia.. THIS AGREEMENT SHALL. BECOME':. EFFECTIVE AND BIDING' upon the parties subscribing thereto upon the cash deposit by MARGARETE L. SHAMPO of fourhtmdred. and. eighty eight dollars ($488.00) with- the CITY OF NATIONAL CITY. EXECUTED THIS ?•7 DAY OF 1979. MARGARET./L. SHAMPO KILE vIORGA f, MAY R CITY TREASURER'S' OFFICE RECEIPT NO. 14 gg 1/11/79