HomeMy WebLinkAboutCC RESO 12,945RESOLUTION NO. 12,945
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RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT
BETWEEN CITY OF NATIONAL CITY AND EDWARD F. AND
ELVIRA A. ARREGUI FOR CONSTRUCTION OF 5'4"
RETAINING WALL IN 3100 BLOCK OF E. 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 City of National
City and Edward F. and Elvira A. Arregui for construction
of 5'4" retaining wall in 3100 block of E. 2nd Street.
PASSED AND ADOPTED this 19th day of December,
1978.
ATTEST:
/2-0 / 9rL3
.AGREEMENT
WHEREAS, EDWARD F. ARREGUI, ELVIRA A. ARREGUI, 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 National City, 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 HEREBY AGREED THAT:
1. The CITY OF NATIONAL CITY will diligently undertake the preparation of
Engineering design drawings for the construction of said retaining wall;
and
2. The CITY OF NATIONAL CITY its agents or assigns will excavate for and
construct a five foot high retaining wall, the face of which will be five
feet from existing curb line, for a distance of approximately sixty feet
in length; and
3. The CITY OF NATIONAL CITY, its agents or assigns will excavate for and
construct sidewalk fillers between said face of wall and said existing
curb.
4. EDWARD F. ARREGUI and ELVTRA A. ARREGUI shall upon completion of the works
described above, hold the City harmless from any further works and this
agreement shall supercede any and all past agreements between EDWARD F.
ARREGUI and ELVIRA A. ARREGUI and the CITY OF NATIONAL CITY whether such
agreements be alleged or true, in writing or verbal;
5. EDWARD F. ARREGUI and ELVIRA A. ARREGUI shall upon completion of the works
described in items 1, 2 and 3 above, hold the City harmless from all actions
at law, whether tort or contract, relative to the wall construction, its
safety and location.
6. 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. ALT; WORKS TO BE CONSTRUCTED SHALL BE accom-
plished to the satisfaction of the City Engineer of the City of National
City, California.
THIS AIN'T SHALL BECOME EFFECTIVE AND BINDING upon the parties subscribing
thereto upon the cash deposit by EDWARD F. ARREGUI and ELVIRA A. ARREGUI of one
thousand two hundred and twenty-eight dollars and fifty cents ($1,228.50) with the
CITY OF NATIONAL CITY.
EkECUTED THIS 0. DAY OF { , 1978.
l'AUJ-11.,1c172°C.11_9,04,074
EDWARD F. ARREGUI
CITY TREASURE'S OFFICE
RECEIPT NO.
Al IES7, CITY CLERK