HomeMy WebLinkAboutCC RESO 12,714RESOLUTION NO. 12,714
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA AUTHORIZING AMENDMENTS
TO THE COOPERATION AGREEMENT AMONG THE CITY OF
NATIONAL CITY, THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY, AND H. LARY MAGEE AND
LAWRENCE J. CROW, OWNERS OF LOT 14, MAP 8038, E. J.
CHRISTMAN PROJECT, NATIONAL CITY, CALIFORNIA
WHEREAS, the City of National City (by its Resolution
No. 12401 adopted July 12, 1977) and the Community Development Commission
by its Resolution No. 77-47(EJCP) adopted July 5, 1977, authorized an
agreement with H. Lary Magee and Lawrence J. Crow, owners of Lot 14,
Map 8038, E. J. Christman Project, wherein Magee and Crow were to grant
to the City certain easements for the construction of a portion of
Paradise Creek Channel and for the existing 36 inch Plaza Boulevard
Interceptor Sewer which traverses their property and were to contribute
to the construction of a trapezoidal concrete lined drainage channel
to be built by the Community Development Commission and the City abutting
their property; and
WHEREAS, the Community Development Commission was to deliver
to said Lot 14, at its expense, approximately 68,000 cu. yds. of earth
from its surcharge area located across 24th Street and southerly of
said Lot 14; and
WHEREAS, the Community Development Commission's and City's
own needs for earth (20,000 cu.yds. for the Seniors Housing site, the
Kimball Mini Park and a 4,800 sq.ft. building site for C.I.P. Venture
westerly of the box culvert drainage structure) have reduced the
quantity of earth available for Lot 14 to 48,000 cu. yds; and
WHEREAS, it is equitable to reduce the Magee and Crow
contribution to the Paradise Creek Channel drainage structure accordingly
and to limit the time of performance of grading operations by Magee and
Crow pursuant to the authorized agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of National City that the Mayor is hereby authorized to amend,
on behalf of the City, the Cooperation Agreement among the City, the
Community Development Commission and H. Lary Magee and Lawrence J. Crow,
owners of Lot 14, Map 8038 authorized by the Community Development
Commission on July 5, 1977, and by the City Council on July 12, 1977,
as follows:
1. At Article II, subparagraph (3) reduce maximum
contribution of Participating Owners from $100,000 to $70,588.
2. Add the following paragraphs to the Agreement:
a. This Agreement shall become operative only if
executed by Participating Owners and delivered to the
Community Development Commission within seven calendar
days of its approval by the Community Development Commission.
b. This Agreement shall become inoperative if
Participating Owners have not obtained a grading permit
from the City of National City within fourteen calendar
days of approval of this Agreement by the Community
Development Commission.
c. This Agreement shall become inoperative if
Participating Owners have not commenced grading of Lot 14
within twenty-one calendar days of approval of this
Agreement by the Community Development Commission.
PASSED AND ADOPTED this 18th day of April, 1978.
Kile Morgan, Ma
ATTEST:
Ions Campbell, City�Clerk
Rev. 4/28/73
Cooperation Agreement among the City of National City,
California, the Community Development Commission of the City of
National City, California and H. Lary Magee and Lawrence J. Crow
owners of Lot 14, Map 8038, E. J. Christman Business & Industrial
Park I Redevelopment Project, National City, California.
WITNESSETH
WHEREAS, the Community Development Commission of the City of
National City, California in its capacity as Redevelopment Agency
hereinafter called "CDC", is carrying out the E. J. Christman
Business & Industrial Park I Redevelopment Project, hereinafter
called the "Redevelopment Project", pursuant to a Redevelopment
Plan adopted by City Council Ordinance No. 1223 adopted November
18, 1969 and amended by City Council Ordinance No. 1303 adopted
March 28, 1972, hereinafter called the "Redevel.opment Plan"; and
WHEREAS, H. Lary Magee and Lawrence J. Crow, hereinafter
called "Participating Owners", own Lot 14, Map 8038 recorded
November 7, 1974 as File No. 74-296198 Office of the Recorder,
San Diego County, California, said Lot 14 being 8.257 acres of land
located within said Redevelopment Project; and
WHEREAS, it is in the interest of the City of National City,
California, hereinafter called "City", and that of the CDC and of
Participating Owners to cooperate in the financing of the
construction of a certain storm drainage facility to be built within,
abutting and adjacent to said Lot 14, Map 8038;
NOW, THEREFORE, each of the parties hereto, for and in
consideration of the promises and the agreement of the other
parties hereto, does covenant and agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to provide for thE finan.ing
of the construction of a concrete lined trapezoidal open drainage
facility, hereinafter called ".r aina_te facility" to be built
adjacent to and abutting Lot 14, Map 8038, E. J. Christman Business
& industrial Park I Redevelopment Project, National City, California.
age 1 of 4
A copy of said Map, marked Exhibit "A" is attached hereto,
incorporated herein and made a part hereof. Said drainage facility
r, n r t
to the existing quadruple box culvert which terminates northerly of
the northerly line of 24th Street (on the south). The City Council
of the City of National City, California, by its Resolution No.
11,885 adopted October 28, 1975 and the Community Development
Commission of the City of National City, California, by its
Resolution No. 75-53(EJCP) adopted November 4, 1975, have determined
that the improvements of Paradise Creek channel between 22nd Street
and 24th Street abutting the Redevelopment Project is of benefit
to the Redevelopment Project pursuant to the provisions of Section 33445
of the California Community Redevelopment Law. The City of National
City owns property abutting said Lot 14 within which the major
portion of the proposed drainage facility will be constructed
pursuant to this Agreement. The Participating Owners own property
within which a minor portion of the proposed drainage structure
and related landscaping will be built.
ARTICLE II
Agreement Among the Parties
The CDC will finance the cost of engineering design, specifi-
cations, construction staking and supervision of construction of
the proposed drainage facility.
Such costs and the cost of actual construction of said drainage
facility is currently estimated to total $200,000. Sucn construction
shall be done on a competitive bid basis and the total actual costs
thereof shall be shared among the Parties hereto on the following
basis:
(1) City of National City, 30% times the
total costs referred to immediately herein -
above (total costs).
(2) The Community Development Commission of
the City of National City, 30% times
the total costs.
(3) Participating Owners, 40% times the total
costs, however, in no event shall the
Participating Owner's contribution to said
drainage facility exceed $55,125.
In consideration of Participating Owner's Contribution of
not to exceed $55,125 the CDC shall cause to be delivered to
Lot 14, (Map 8038) 37,500 cu. yds. of earth which is presently
located on Lot 21, Map 8038 and said 37,500 cu.yds. of earth shall
be spread there but not compacted at CDC expense within the period
beginning 60 calendar days from the date of CDC's execution of this
Agreement and in any event shall be delivered by the CDC within 90
days of such date of execution by the CDC of this Agreement.
Page 2 of 4
is mutually understood and agreed that the City and the
CDC shall cause said drainage facility to be designed, financed
and constructed within five years from July 1, 1977 or not later
than July 1, 1982.
Participating Owners agree to grant a temporary construction
easement for said drainage facility and to grant a permanent
easement for the existing 36" V.C. Plaza Boulevard Interceptor
sewer and for the subject drainage facility and related landscaping
thereof as shown on the Improvement Plan for Paradise Creek Channel
by Charles_W. Christensen and Associates dated May 26, 1977 and revised
June 29, 1977, marked Exhibit "B", attached hereto, incorporated herein,
and made a part hereof.
it is mutually understood that the CDC shall cause the drainage
facility to be designed and shall put said facility to public bidding
and the CDC, the City and the Participating Owners shall finance
the construction of the drainage facility within five years from
July 1, 1977 or not later than July 1, 1982.
Failure on the part of the City or the CDC to provide for the
design and financing of the construction of the drainage facility
shall relieve the Participating Owners of their responsibility
pursuant to this Agreement. Participating Owners shall provide a
bond in the amount of $55,125 at the time of execution of this
Agreement to guarantee their financial participation, and that of
their successors in interest, if any, for the period July 1, 1977 to
•July 1, 1982. Said bond shall be subject to approval of the City
Attorney and the CDC Attorney.
The City agrees to maintain, at its expense, said drainage
facility and related landscaped areas, if any, within the drainage facility
easement and on City owned property after completion and acceptance
by City of said works.
it is specifically agreed and understood that if the Participating
Owners sell any part or all of Lot 14, Map 8038 subsequent to
execution of this Agreement, and prior to the completion of the
drainage facility as provided herein, that said property will be
sold subject to the terms of this Agreement so that any and all
successors in interest will be bound by and comply with the terms
of this Agrement.
Page 3 Jf 4
/
This Agreement shall become operative only if executed by
nwnne,C aid deli vared to thP. C mmuni ty Development
Commission within thirty calendar days of its approval by the
Community Development Commission.
This Agreement shall become inoperative if Participating
Owners have not obtained a grading permit from the City of
National City within forty-five calendar days of approval of this
Agreement by the Community Development Commission.
This Agreement shall become inoperative if Participating
Owners have not commenced grading of Lot 14 within sixty
calendar days of approval of this Agreement by the Community
Development Commission.
This Agreement is executed in three counterparts, each of
which shall constitute one and the same instrument.
This Agreement, upon execution by each and all of the parties
hereto, shall be recorded in the Office of the Recorder, San Diego
County, California and shall be binding on the parties hereto and
their successors and assigns from the date of recording after
execution. In the event of any breach, each party shall have the
right to exercise all the rights and remedies available at law or
in equity to enforce the curing of such breach.
IN WITNESS WHEREOF, the City has caused this Agreement to be
duly executed in its name and on its behalf by its Mayor and its
seal to be hereunto duly affixed and attested by its Clerk, the
CDC has caused this Agreement to be duly executed in its name end
on its behalf by its Chairman and its seal to be hereunto duly
affixed and attested by its Secretary, and the Participating Owners
have caused the Agreement to be duly executed in their name and on
their behalf on or as of the day and year first above written, with
all signatures notarized.
CITY OF DIATIO /L CITY, CALIFORNIA PARTICIPATING OWNERS
Date
ATTEST:
By
Icne Campbell, City Clerk
COMMUNITY DE)ELOPMENT COMMISSION OF THE
CITY F`fIONAL CITY, CALIFORNIA
By
Ki l eMlor 'an, Chairman gate
ATTEST
By /.je ni
no+d A. Peterson, Secretary
jam'✓`�-
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Page 4 of 4
STATE OF CALIFORNIA ) ss.
COUNTY OF SAN DIEGO )
On ;vv _ I -;7- , I ; '7 a before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Kile Morgan
known to me to be the Mayor and Ione Campbell
known to me to be the Clerk of the public entity that executed the within
instrument, known to me to be the persons who executed the within instrument
on behalf of the public entity therein named, and'acknowledaed to me that
such public entity executed the within instrument pursuant to its by-laws
or a resolution of its board of directors.
Signature
Name Typed or Printed '
Notary Public_ in and for said County and State
OFFICIAL SEAL
BEATRiCE BUCKELEW
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires August 30, 1979
•
For Notary Seal or Stamp-
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS.
On ?1.71, is— before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Kile
Morgan known to me to be the Chairman and Arnold A. Peterson
known to me to be the Secretary of the public entity, that executed the within
instrument, known to me to be the persons who executed the within instrument
on behalf of the public entity therein named, and acknowledged to me that
such public entity executed the within instrument pursuant to its by-laws or
a resolution of its board of directors.
Signature
Name Typed or Printed
unmm�nmmmnimrtmnnnmm�nnnmm�riiinummimnimnm,1,1, a
Notary '■a.. in affdlcf°61sE,5aid County and State
DAVID L. SHELDON
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires Aug. 22, 1980 -
For Notary Seal or Stamp
STATE OF CALIFORNIA )
COUNTY -OF SAN—DIEGO )
SS.
On MAY 05, 1978 , before me, the undersigned,
a Notary Public in and for said County and State, personallyappeared
H. Lary Magee known to me to be the person who executed the
within instrument.
Signature
7.
H. LARY MAGEE
Name Typed cr Printed
Notary Public in and for said County and State
ror Notary Seal or Stamp
--_— — — —_—_—_—_—_—_—_.
OFFICIAL SEAL -
My c ).. ,:•'. .-t,t; 1531
;— -------------------, — ----_—__-___
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
On MAY 09, 1978 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared Lawrence J. Crow
known to me to be the person who executed the within instrument.
Signatu
LAWRENCE J. CROW
Name Typed or Printed
Notary Public in and for said County and State
//r.
For Notary Seal or Stamp
OFFICIAL SEAL
"
0 TAR , -
My f—:r1:11.cxs1,7.-2 7, 1931
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