HomeMy WebLinkAboutCC RESO 12,618RESOLUTION NO. 12,618
RESOLUTION AUTHORIZING EXECUTION OF SECOND
AMENDMENT TO AGREEMENT BETWEEN CITY OF
NATIONAL CITY AND CALIFORNIA TRANSPORTATION
DEPARTMENT CONCERNING TIDELANDS AVENUE OFF -RAMP
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, the second amendment to Agreement #11-0108 between
the City of National City and the California Transportation
Department concerning Tidelands Avenue Off -Ramp.
PASSED AND ADOPTED this loth day of January, 1978.
ATTEST:
THIS AMENDMENT TO AGREEMENT IS
HEREBY MADE AND ENTERED INTO THIS
DAY OF
19 , BY AND BETWEEN
AND
11-SD-5,54
8.6-10.1; 0.0-1.9
District Agreement
No. 11-0108
HO Doc. No. 241344
AMENDMENT NUMBER 2
TheCITYOF NATIONAL CITY, a
body -politic and &municipal
corporation --of, --the=-State-= of
California; hereinafter_ re-
- ferred= to:_as_-.'=CITY"
The STATE OF CALIFORNIA,
acting by and through its
Business and Transportation
Agency, Department of Trans-
portation, hereinafter re-
ferred to as "STATE."
W ITNESSET H:
WHEREAS,. -in cooperation with STATE, the San Diego -Unified Port
District and the Cities of Chula Vista and National City contem-
plate construction of roadways extending westerly from the pro-
posed Interstate Route 5 Interchange with State Route 54 to
connect to Tidelands Avenue in conjunction with STATEtS proposed
project to construct State Freeway Route 54 and the Sweetwater
River Flood Control Channel, and
WHEREAS, STATE and CITY executed an Agreement dated March 7,
1972, and Amendment Number 1, dated June 18, 1974, setting
forth the terms, conditions and manner in which STATE would
acquire rights of way and arrange for relocation of utilities
for CITY, and
WHEREAS, Amendment Number 1 reduced CITY'S estimated cost
and deposit from $350,000.00 to $250,000.00, and
WHEREAS, STATE has held CITY'S deposit of $250,000.00 since
billing CITY therefor in July, 1974, and
WHEREAS,- acquisition of --the aforesaid-rights-of-way_and
utiiity=reloeatkon- has=._been suspende1::because-=of---unforeseen
environmental -considerations; and
WHEREAS, said environmental considerations must be resolved
prior to resuming acquisition of rights of way for CITY, and
WHEREAS, CITY currently -has -urgent need for said funds and has
requested STATE by_letter of December 27, 1977, to refund
CITY'S-deposit -until such dine as it may-again=be required for
the- aforementioned acquisition of rights of way for CITY, and
WHEREAS, because STATE, does not antic-spatean -immediate need
for said funds, and is agreeable to refund CITY'S deposit as
requested subject to the terms as set forth hereinafter in this
Amendment Number 2 to District Agreement Number 11-0108,
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
- 2 -
SECTION I
CITY AGREES:
1. That the amount of funds to be returned by STATE to CITY from
CITY'S deposit shall be equal to the deposit of $250,000.00, less
a retention by STATE of 5% ($12,500.00) to cover STATE'S admin-
istrative and overhead expenses incurred to date, and to provide
for any additional expenses which may be necessary to maintain
the acquisition process in an active state.
2. That the refund by STATE in the amount of $237,500.00, is
of a temporary nature, and is subject to repayment in full upon
demand as set forth in SECTION I2, Article 2--of this Amendment
to Agreement.
SECTION II
STATE AGREES:
1. To refund $237,500.00, to CITY, which is the balance re-
; maining- from -CITY'S deposit of $250,000.00, after deduction of
a retention of:5%.($12,500.00).to_cover-administrative and over-
head expenses_ incurred to date by STATE_,_and_to-_allow for other
possible miscellaneous expenses which may occur until such time
as the acquisition process is re -activated
2. Thatuponresumption by STATE of the activety of acquiring
right of way for CITY, to allow CITY 90 days from the date of
billing for repayment of the aforesaid amount of $237,500.00.
SECTION III
IT IS MUTUALLY UNDERSTOOD AND AGREED:
1. All other provisions and conditions set forth in Amendment
Number 1, and District Agreement Number 11-0108 shall remain in
full force -and effect.
IN WITNESS. WHEREOF, the parties hereto have caused this Amendment
to Agreement to be executed by their respective officer, duly
authorized, the provisions of which Amendment to Agreement are
effective as of the day, month and year first hereinabove
written.
--- STATEOF-OALIFORNIA-
-Department--of--Transportation
CITY OF NATIONAL CITY
Adriana Gianturco By
Director of Transportation
By
Jacob--Dekema, District
;-Director ofTransportation
yor•
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