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HomeMy WebLinkAboutCC RESO 10,323RESOLUTION NO. 10,323 RESOLUTION AUTHORIZING EXECUTION OF GRANT AGREEMENT WHEREAS, the City of National City (the "Applicant"). has heretofore .submitted an application to the United States of America, Department of Housing and Urban Development (the "Government") for a grant under Section 702 of the Housing and Urban Development Act of 1965, as amended, to aid in financing a certain public works identified as Project No. WS-Calif-422.; and WHEREAS, the Government has approved the said appli- cation and has submitted to the Applicant a certain Grant Agreement (the "Agreement") for approval and execution by the Applicant, which said Agreement is satisfactory, NOW, THEREFORE, BE IT RESOLVED BY. THE CITY COUNCIL of the Applicant, that the said Agreement, a copy of which is attached hereto, be and the same is hereby approved. The Mayor is hereby authorized and directed to execute the said Agreement in the name and on behalf of the Applicant, in as many counter- parts as may be necessary, and the Mayor is hereby authorized and directed to affix or impress the official seal of the Ap- plicant thereon and to attest the same. The proper officer is directed to forward the said executed counterparts of the said Agreement to the Government, together with such. other documents evidencing the approval and authorization to execute the same as may be required by the Government. PASSED AND ADOPTED this 27th day of April, 1971. ATTEST: CITY CLERK DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GRANT AGREEMENT WATER AND SEWER FACILITIES GRANT PROGRAM Name of Applicant: City of National City Project No. WS-Calif- 422 Address: 1243 National Avenue Federal Contract No. H-602-4076 National City, California 92050 THIS GRANT AGREEMENT dated as of January 15, 1971 by and between the City of National City (herein called the "Applicant"), and the United States of America, Secretary of Housing and Urban Development (herein called the "Government"): NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in consideration of the mutual promises hereinafter contained, the parties hereto do covenant and agree as follows: Section 1. Amount and Purpose. Subject to the Terms and Conditions (Form HUD-41420 dated 5-66) attached hereto and made a part hereof as Attachment A, and the provisions of this Agreement, the Government will make a Grant to the applicant in an amount not to exceed $400,000 or 50 percent of the Eligible Project Cost as determined by the Government on completion of the Project whichever is the lesser, in order to aid in financing the Project hereinafter defined, presently estimated to cost $926,000. Section 2. Description of the Project. The project shall consist of construction of a major improvement to the sewerage system of the City of National City consisting of approximately 3.7 miles of 8-inch through 36-inch pipe and appurtenances, (herein called the "Project"). Section 3. Government Field Expense. The amount of the fixed fee for Government Field expense referred to in Section 33 of the attached Terns and Conditions shall be $3,100. Section 4. Reduction in Grant. The Government shall have the right to reduce the amount of the Grant upon giving the Applicant writen notice, if the Eligible Project Cost after award of construction contract is determined by the Government to be less than the estimated cost upon which the stipulated amount of the Grant was based. Section 5. Special Condition. The Government's obligation to make the Grant is also subject to the following Special Condition: -2- All references in Section 27, Attachment A hereto, to "race, creed, color or national origin" are hereby deemed to be interpreted as if stated as "race, religion, color, sex or national origin". IN WITNESS WHEREOF, this Agreement has been executed in the name and on behalf of the City of National City by the undersigned official, and under its official seal, attested by its City Clerk and iri the name and on behalf of the United States of America, Secretary of Housing and Urban Development, by the undersigned official. SEAL TONE MINOGUE (Type or Print Name) City Clerk (Date) Los Angeles Area Office CITY OF NATIONAL CITY KILE MORGAN (Type or Print Name) Mayor UNITED STATES OF AMERICA Secretary of'Housing and Urban Development By Area Director U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 5- ( 11Qp 6S66) Attachment "A" TERMS AND CONDITIONS Constituting Part of the Grant Agreement Providing for the Financing and Construction of Water or Sewer Facilities Under Title VII of the Housing and Urban Development Act of 1965, Public Law 89-117, August 10, 1965. Section 1. Definitions. --As used in these Terms and Conditions: "Government" means the United States of America. "Project" means the Water or Sewer Facilities covered by the Grant Agreement. "Grant Agreement" meansthe contract between the Government and the Applicant covering the Project and includes both these Terms and Conditions and other contract instruments. "Applicant" means the public entity or entities designated in the Grant Agreement. "Project Cost" means the cost of construction work for the Project, cost of neces- sary architecturaljengineering services, legal, administrative and clerical costs, cost of land acquisition, necessary travel expenses, interest during construction, and other necessary miscellaneous expenses. "Eligible Project Cost" means the cost of construction, of land acquired for the project, and of site improvements, all as determined by the Government. 'Depository Bank" means a bank or trust company which is a member of the Federal Deposit Insurance Corporation. "Project Site" means any of the land, rights -of -way, easements, or other interests in land acquired by the Applicant in connection with the development of the site. Section 2: Prerequisites to Government's Obligations. --The Government shall be under no obligation to disburse funds under the Grant Agreement if: (a) Representations. --Any representation made by the Applicant to the Government in connection with the application, shall be incorrect or incomplete in any material re- spect, or the Government determines that the Applicant has failed to proceed promptly with Project financing or construction; (b) Concurrence by Government. --The Applicant, having submitted to the Government the documents mentioned in Section 16 hereof, shall have proceeded without having been advised by the Government that the same are satisfactory; it being the purpose of this provision to insure that no action will be taken in the development of the project which would result in legal or contractual violation rendering it impossible for the Govern- ment to make the grant hereunder or for the parties to accomplish the objects of the Agreement; (c) Prohibited Interests. --If any official of the Applicant who is authorized in such capacity and on behalf of the Applicant to negotiate, make, accept or approve, or to take any part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction, materials, supply, or equipment contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in any such contract or subcontract, or if any official, employee, architect, attorney, engineer or inspector of or for the Applicant who is authorized in such capacity and on behalf of the Applicant to exercise any legislative, executive, supervisory or other functions in connection with the construction of the project, shall become directly or indirectly interested personally in any construction, materials, supply, equipment or insurance contract, in any subcontract or any other contract pertaining to the project. Section 3. Applicant's Funds. --The Applicant shall initiate and prosecute to completion all proceedings necessary to enable the Applicant to provide its share of the Project Cost on or prior to the time that such funds are needed to meet project costs. Section 4. Legal Matters. --The Applicant shall take all actions necessary to enable it to fi- nance, construct, and develop the project in clue time, form and manner as required by law and the Grant Agreement. Section 5. Project Site. --The project shall be located on lands or the requisite interest therein of the Applicant; such lands and interest when acquired subsequent to the date of the Grant Agreement shall be acquired in accordance with the land acquisition policy requirements set forth in Sections 6 through 9 hereinafter. The Applicant shall comply with the provisions of Title IV, of the Housing and Urban Development Act of 1965 (P.L. 89-117) and regulations and requirements of the Government thereunder which establish certain policies and provide for specific payments in connection with the acquisition by eminent domain of the real property necessary for the Project. Section 6. Negotiated Purchase. --The Applicant covenants and agrees that it will make every reasonable effort to acquire each parcel of or interest in land constituting part of the Project Site by negotiated purchase. Applicant shall (1) directly or through its agents, make a diligent, conscientious effort to induce the owner to accept a fair and proper price for such property and, if such effort is unsuccessful, make afinaloffer to the owner in writing, Such offer shall include: (1) an invitation to discuss the acquisition of his property with the applicant; (2) afford a reason- able period of time for the owner to consider the offer; and (3) include a notification of the date on which the applicant intends to institute eminent domain proceedings if agreement cannot be reached for a negotiated purchase within the time specified. Section 7. Payment for Real Property. --The Applicant covenants and agrees that it will not require the owner to surrender possession of any parcel of or interest in land constituting part of the Project Site until it has paid to the owner (1) the agreed purchase price arrived at by nego- tiation, or (2) in any case where only the amount of payment to the owner is in dispute, not less than 75 percent of the appraised fair value of the property as approved by the applicant. Such requirement for 75 percent payment may be satisfied either by direct payment to the owner or. by deposit in court of such amount, provided such deposit may be paid over to the owner without prejudice to his right to obtain a judicial determination of the value of the property. A tender of payment to the owner, whether or not accepted by the owner, shall be regarded as payment. Section 8. Notice to Surrender Possession. --The Applicant covenants and agrees that no person lawfully occupying property constituting part of the Project Site shall be required to surrender possession on account thereof without at least ninety days' written notice of the date on which construction or development is scheduled to begin. Such notice shall be given to all persons law- fully occupying such property including owners conveying title pursuant to a negotiated sale. Such notice shall not be given until the applicant has the legal right to possession of the prop- erty. 2 Section 9. Records of Negotiations, --The Applicant covenants and agrees that it will maintain com.plete and accurate records of all negotiations and other actions affecting acquisition of any property in connection with the Project and such records shall be available for inspections by representatives of the Government. Such records shall be maintained in one place for a period of at least three years following completion of construction of the Project. Section 10. Disbursement of Grant Funds for Land Acquisition. --The Applicant may requisition disbursements on account of grant provided in the Agreement for acquisition of land at any time after receipt of the Agreement as needed to enable the Applicant to make payment as required under Section 5 above, provided (1) no impediment exists which would prevent carrying forward of the Project, and (2) the Applicant has a firm and binding commitment for its share of the Proj- ect costs, and (3) the cost of the land so acquired is acceptable to the Government. In the event the Project for any reason is subsequently abandoned, the Applicant covenants and agrees that it will repay any funds disbursed hereunder. Section 11. Grant Disbursements. --The Applicant may requisition disbursements on account of the grant provided in the Agreement at any time. Such requisitions shall be accompanied by such supporting data as the Government may require. The Government shall honor, subject to the provisions of the Agreement, such requisitions in amounts and at times deemed by it to be proper to insure the expeditious prosecution and payment to the costs of the Project. No request for review of a determination of the Government affecting the grant payable under the Agreement will be considered unless such request is received by the Government not later than three months following notice to the Applicant of such determination. In no event shall the total amount of grant funds disbursed to pay land and construction costs exceed 90 percent of the grant amount speci- fied in the Agreement for such costs until after the Project has been completed and audited, and the final grant amount determined by the Government. Section 12. Prerequisites to Disbursements. --Prior to the Government disbursing any portion of the grant except as provided otherwise in Section 10 above, the Applicant shall present satis- factory evidence that: (a) It has obtained, or can obtain, all land, rights -of -way, easements, permits, franchises, Federal, State, County, and Municipal approvals required in connection with the con- struction and operation of the Project, including approval of the final plans and speci- fications by the appropriate State authorities; (b) It has the funds or a firm and binding commitment to provide its share of the Project Cost; (c) It has deposited into the Construction Account, in addition to the grant proceeds, any portion then available of the funds to be furnished by the Applicant to meet its share of the Project Cost and that it will promptly deposit any remaining portion of its share of the Project Cost in order that all payments in connection with the Project can be made as the same become due; (d) The Project can be completed at a total cost satisfactory to the Government which will be within the amount of funds available therefor; and (e) It is able to provide or obtain the provision of all necessary building or household con- nections and local collection or distribution laterals as determined by the Government from sources other than grant funds hereunder. 3 Section 13. Construction Account. --The Applicant shall set up in a Depository Bank, or with the fiscal agency of the Applicant fixed by law, a separate account or accounts (herein collectively called the "Construction Account") into which shall be deposited any temporary loans, Govern- ment grants, and the additional funds required by the provisions of the Grant Agreement to be furnished by the Applicant in order to assure the payment of all Project Costs. Moneys in the Construction Account shall be expended only for such purposes as shall have been previously specified in the Project Cost estimates approved by the Government. The Applicant shall pay all Project Costs from the Construction Account. Moneys in the Construction Account shall be secured by the Depository Bank in the manner pre- scribed by statutes relating to the securing of public funds. Where the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days, the Applicant may direct the Depository Bank to invest such excess funds in direct obligations of, or obligations the principal of and interest on which are guaranteed by, the United States Government, which shall mature not later than 18 months after the date of such investment and which shall be subject to redemption at any time by the holder thereof. The earnings from any such investments shall be deposited in the Construction Account by the Applicant. After completion of construction and payment of all costs of the Project, any balance in the Con- struction Account shall remain therein pending determination by the Government of the total Project Cost and the grant. Such balance shall be used to refund promptly to the Government any overpayment made with respect to the grant; any amount thereafter remaining shall be available for disposition by the Applicant in accordance with its other contractual agreements, applicable State or local law or other governing conditions. Section 14. Prompt Procedure - Economic Construction. --The Applicant covenants and agrees that it will proceed promptly with all matters necessary to the financing and the development of the Project; and that the Project will be undertaken and developed in such manner that economy will be promoted in such development and in the construction work. Section 15. Approvals and Permits. --The Applicant shall obtain approvals and permits required by law as a condition precedent to the acquisition, construction, development, and operation of the Project. Section 16. Submission of Proceedings, Contract and Other Documents. --The Applicant shall submit to the Government such data, reports, records and documents relating to the financing, construction, and operation of the project as the Government may require. Approval of the Government must be obtained prior to the assignment of any interest in or part of any contract relating to the Project. Section 17. Construction by Contract. --Ail work on the Project shall be done under contract and every opportunity shall be given for free, open and competitive bidding for each and every con- struction, material, and equipment contract. The Applicant shall give such publicity by adver- tisement or calls for bids by it for the furnishing to it of work, labor, materials, and equipment as required by applicable law and as will provide adequate competition; and the award of each contract therefor shall be made, after approval by the Government to the lowest responsible bidder as soon as practicable; Provided, that in the selection of equipment or materials the Applicant may, in the interest of standardization or ultimate economy, if the advantage of such. standardization or such ultimate economy is clearly evident, and if permissible under applicable local law, award a contract to a responsible bidder other than the lowest in price. The Applicant shall obtain the concurrence of the Government before approving subcontracts relating to the Project. 4 Section 18. Changes in Construction Contract. --Any change in a construction contract shall be submitted to the Government for approval. Section 19. Contract Security. --The Applicant shall require that each construction contractor shall furnish a performance bond in an amount at least equal to 100 percent of his contract price as security for the faithful performance of his contract and also a payment bond in an amount not less than 50 percent of his contract price or in a penal sum not less than that prescribed by State, territorial, or local law, as security for the payment of all persons performing labor on the Project under his contract and furnishing materials in connection with his contract. The per- formance bond and the payment bond may be in one or separate instruments in accordance with local law. Section 20. Insurance During Construction. --The Applicant shall require that each of its con- tractors and all subcontractors maintain during the life of his contract, Workmen's Compensa- tion Insurance, Public Liability, Property Damage, and Vehicle Liability Insurance, in amounts and on terms satisfactory to the Government. Until the Project is completed and accepted by the Applicant, the Applicant or (at the option of the Applicant) the contractor is required to maintain Builders Risk Insurance (fire and extended coverage) on a 100 percent basis (completed value form) on the insurable portion of the Project for the benefit of the Applicant, the prime contrac- tor, and all subcontractors, as their interests may appear. Section 21. Wage Rates. --The Applicant shall comply with the provisions of the Act of March 3, 1931 (Davis -Bacon Act, 40 USC sec. 1276), as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant shall cause to be inserted in each constract or subcontract subject to the Davis -Bacon Act the specific provisions required by the regulations of the Secretary of Labor. Section 22. Contract Work Hours. --The Applicant shall comply with the provisions of the Con-. tract Work Hours Standards Act (40 USC secs. 327-332) and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant shall cause to be inserted in each contract or subcontract subject to the Work Hours Standards Act the specific provisions required by the above regulations. Section 23. Payment of Employees. --The Applicant shall require of its contractors that all em- ployees engaged in work on the Project be paid in full (less deductions made mandatory by law) not less often than once each week. Section 24. Copeland Act. --The Applicant shall comply with the provisions of the Copeland Act (Anti -Kickback), 48 Stat. 1948, as amended, and the applicable rules and regulations issued by the Secretary of Labor thereunder which are incorporated herein by reference. The Applicant shall cause to be inserted in each contractor subcontract subject to the Copeland Act the specific provisions required by the above regulations. Section 25. Accident Prevention. --The Applicant shall require of its contractors that precaution shall be exercised at all times for the protection of persons (including employees) and property, and that hazardous conditions be guarded against or eliminated. Section 26. Supervision and Inspection. --The Applicant shall provide and maintain on its own behalf competent and adequate architectural or engineering services covering the supervision and inspection of the development and construction of the Project. 5 Section 27. Equal Employment Opportunity. --The Applicant hereby agrees to incorporate or cause to be incorporated into any contract for construction work or modification thereof, paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance or guarantee, the following equal opportunity clause: 'During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, creed, color, or national origin. Such action shall include, but not be limited to, the following; employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprentice- ship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Department of Housing and Urban Development and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regu- lations, and orders. (6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or Federally -assisted construc- tion contracts, in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (7) The contractor will include the provisions of paragraphs (1) through (7) in every sub- contract or purchase order unless exempted by rules, regulations, or orders of the 6 v Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the Department of Housing and Urban Development may direct as a means of enforcing such provisions, including sanctions for noncompliance; Provided, however, That in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Depart- ment of Housing and Urban Development, the contractor may request the United States to enter into such litigation to protect the interests of the United States." The Applicant further agrees that it will be bound by the above equal opportunity clause in any Federally -assisted construction work which it performs itself other than through the permanent work force directly employed by an agency of government. The Applicant agrees that it will cooperate actively with the Department of Housing and Urban Development and the Secretary of Labor in obtaining the compliance of contractors and subcon- tractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor, that it will furnish the Department of Housing and Urban Development and the Secretary of Labor such information as they may require for the supervision of such com- pliance, and that it will otherwise assist the Department of Housing and Urban Development in the discharge of the Department's primary responsibility for securing compliance. The Applicant further agrees that it will refrain from entering into any contract or contract modification sub- ject to Executive Order 11246 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and Federally -assisted construction contracts pursuant to Part II, Subpart D, of Executive Order 11246 and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the Department of Housing and Urban Development or the Secretary of Labor pursuant to Part II, Subpart D, of Executive Order 11246. In addition, the Applicant agrees that if it fails or refuses to comply with these undertakings, the Department of Housing and Urban Development may cancel, terminate or suspend in whole or in part this grant, may refrain from extending any further assistance to the Applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Appli- cant, or may refer the case to the Department of Justice for appropriate legal proceedings. Section 28. Civil Rights Act of 1964.--The Applicant covenants and agrees that it will comply with Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and with the rules and regulations (24 CFR, Subtitle A, Part 1) of the Department of Housing and Urban Development issued pursuant thereto. Section 29. Payments to Contractors. --Not later than the fifteenth day of each calendar month the Applicant shall make a partial payment to each construction contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month by the particular contractor, but shall retain until final completion and acceptance of all work cov- ered by the particular contract a reasonable amount, specified in the contract, sufficient to insure the proper performance of the contract. Section 30. Inspection of Work and Records; Maintenance of Records. --The Applicant shall re- quire of its contractors that the Government's authorized representatives be permitted, and it will itself permit them to inspect all work, materials, payrolls, records of personnel, invoices of materials and other relevant data and records appertaining to the development of the Project. The Applicant shall maintain proper and accurate financial records, books and accounts pertain- ing to the grant and the development of the Project that will readily disclose (1) relocation costs, 7 (2) eligible Project costs, and (3) other Project costs, and shall permit the Government's au- thorized representatives to examine such books, records, and accounts. The Applicant agrees to maintain all of the aforesaid data, records and invoices in one place for at least a period of three years following completion of construction of the Project. Section 31. Signs. --The Applicant shall cause to be erected at the site of the Project, and main- tained during construction, signs satisfactory to the Government identifying the Project and indi- cating the fact that the Government is participating in the development of the Project. Section 32. Audit. --The Applicant shall contract at its own expense.for an audit of the Project by an independent certified or licensed public accountant; a copy of the contract shall be fur- nished to the Government; and three copies of the audit report in substance satisfactory to the Government shall be furnished promptly to the Government. Section 33. Government Field Expense. --The Government will bill the Applicant for payment of the fee specified in the Grant Agreement to cover inspection costs and payment will be due from the first funds deposited in the Construction Account by the Applicant to pay its share of the Project Cost. In the event of termination of the Grant Agreement, the Applicant shall be entitled to a refund of all or a proportionate part of the fee. The refund shall be in such an amount as the Government determines to be equitable under the circumstances. Section 34. Operation of Project. --The Applicant covenants that it will operate and maintain the project or provide for the operation and maintenance thereof, to serve the objects and purposes for which the grant has been made available under the Federal law and the terms of the Agree- ment. Section 35. Interest of Third Parties. --The Agreement is not for the benefit of third parties, including the holders from time to time of any of the bonds issued to finance a portion of the Project, and the Government shall be under no obligation to any such parties, whether or not indirectly interested in said Agreement, to pay any charges or expenses incident to compliance by the Applicant with any of its duties or obligations thereunder. Section 36. Interest of Members of or Delegates to Congress. --No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Section 37. Bonus or Commission. --By execution of the Agreement, the Applicant represents that it has not paid and, also, agrees not to pay, any bonus commission or fee for the purpose of obtaining an approval of its applicationfor the grant hereunder. Section 38. State or Territorial Law. --Anything in the Agreement to the contrary notwithstanding, nothing in the Agreement shall require the Applicant to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State or territorial law; Provided, That if any of the provisions of the Agreement violate any applicable State or territorial law, or if compliance with the provisions of the Agreement would require the Applicant to violate any applicable State or territorial law, the Applicant will at once notify the Government in writing in order that appropriate changes and modifications may be made by the Government and the Applicant to the end that the Applicant may proceed as soon as possible with the construction of the project. 8 U. S. GOVERNMENT PRINTING OFFICE: 1969 0 - 396-315 (9) CERTIFICATE I, the undersigned, hereby certify: (1) that I am the duly appointed, qualified and acting City Clerk of the. Applicant designated in the foregoing Resolution Authorizing Execution of Grant Agreement; (2). that I am the custodian of the records of the Applicant including the records of its Govern- ing Body designated in the Resolution; (3) that the above copy of the Resolution is a true and correct copy of the .said Reso- lution as adopted at a duly authorized meeting of the said Governing Body held on April 27, 1971 and on file and of record; (4) that the said meeting was duly convened and held in accord- ance with all applicable laws and regulations, that a legal quorum was present throughout the meeting, that a legally suf- ficient number of members of the said Governing Body voted in the proper manner for the adoption of the said Resolution, and that all other requirements for the proper adoption of the said Resolution were fully observed; and (5) that no .action has been taken by the said Governing Body or the Applicant toreconsider, amend or rescind the said Resolution. IN WITNESS WHEREOF, I have hereuntoset my hand and the seal of the Applicant this 27th day of April, 1971.. IONE MINOGUE. RESOLUTION NO. 10,324. RESOLUTION ACCEPTING ENCROACHMENT REMOVAL AGREEMENT (Highland Avenue and 15th Street) WHEREAS, on October 20, 1970, the matter of an encroachment permit was presented to the City Council by the applicant, and WHEREAS, the City Council has receivedthe report and recommendations of the Planning Department, and WHEREAS, the applicant has executed an encroach- ment agreement with the City of National City promising to remove said encroachment upon proper demand, and promising to comply with other requirements of the Planning Department of the City of National City; NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts that certain document entitled "Encroachment Removal Agreement" with attachments thereto and directs the City Clerk to record the same together with the attachments thereto. PASSED AND ADOPTED this 27th day of April, 1971. ATTEST: ENCROACHMENT REMOVAL AGREEMENT In accordance with the action approved by the City Council on Oct, 20, 1970, the undersigned, the owner of Cafe La Maze Restaurant, 1441 Highland Avenue in the City of National City, County of San Dicgo, State of California, in consideration of the grant of permission by the City of National City to install and maintain certain building improvements as shown on attached Exhibits A & ; for the use and benefit of owner's property, over, under and across Highland Avenue and 15th Street as described in attached Exhibit `C' covenants and agrees with the City of National City as follows: (i) Upon notification in writing by the City Engineer, the above described installation shall be abandoned, removed or relocated by the Owner. (2) The said installation shall be installed and maintained in a safe and sanitary condition at the sole cost, risk and responsibility of Owner and successor in interest, who shall hold the City harmless wit'i respect thereto. (3) This agreement is made for the direct benefit of Owner's land above described and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of Owner. Should Owner or his successors fail to remove or relocate the installation herein permitted within thirty (30) days after notice of removal or relocation, City may cause such removal or relocation to be done and the cost thereof shall be a lien upon said land. EXHIBITS: These exhibits are attached hereto and made a part hereof; EXHIBIT A - PLOT PLAN EXHIBIT B - CONDITIONS OF USE EXHIBIT C - LEGAL DESCRIPTION State of California County of San Diego On or il23 •, 19 -7d ,beforemeaNOTARY PUBLIC in and for said county, residing therein, duly commissioned and sworn, personally appeared __F H, ti I U known to me to be the person described in and whose name =5 subscribed to the within instrument, and acknowledged to me that he executed the same. ss. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, atE` r rat ' County of San Diego, Stat' 1 ;ertificate first above wnttef �P1 PdDT ", I ua o • tit VD HRh4,11=AL OFFICE 1� SAN DIECU COLiffilI r a r EaOtos iie'r wg 29, 197A Notary Public in and for tit County of San Diego. State of California DATED (Signature) OWNER (For Recorder's Use Only) ( S < :mot / y a, c e e « . : 2 4 rave r0• z , &0VI / / :Vf/ -} ) / 3w° 63\ F 7 A , // K /L 0i . 21o" <»2 x+w&A< «V — wr r 320 j. a / y . « - \ / : \, +4 4 9 » \ 6« 1 ;Jc Elu' TRY r -7 a /NP cur "4..;/>'r ENTRY- I a kNit3iT ''A" cUGR.CAC ii 'E T C _. Ti-'rE GChiSTRUCTiCN Ah1D C_Q:Al>S C(S>{J.T;=Z S��K,L� 1=.�•iv P.Zc-\lT of ;iolv'.ca aP c a i ct;_sr rya �s?ati_ !4 Al! Giyrzecd ise6 strue:oraLy shall ruet thy M a?phcnbz U. datif,ed .,, r, Gl'rNf'I�� /i�tth i01j kG ;A[/ t2 4:::K!F-'tiv^;1't i.�?'t� .9; 0 o,• k� 1'U k t4r.f5 ;n Al" :;r GA„E�. e ti�tl ht��'✓4i'rsV ;c LE: �� 11Iii J.� APAAJVZJ SY Dare: ��IO •'li rtiv. 4'11l �:•,✓.i,�'.iniR LAN ✓:G.•:O,✓%✓� ��;�_ 59'S 3o,tl�5'11°,' ii4 Vie='+,O ux.iw::+c nLvsu Exhibit "B" CONDITIONS OF USE 1. All proposed exterior work shall comply with the fire resistive requirements as specified in Section 1603 of the Uniform Building Code. The mansard,roof and portico covering shall have a fire retardant rating and shall be constructed of approved materials, 2. Structural supporting members shall be designed and anchored to the existing building in such manner as to resist all loads imposed by horizontal and/or vertical forces. 3. No portion of the structure shall interfere with utility facilities, and proper clearances shall be maintained by the roof structure and overhead utility lines as required by the California State General Safety Order No. 95 or other applicable regulations. 4. The encroachment shall be abated, removed or relocated by the owners upon demand in writing by the City Engineer. The property owners shall remove or relocate any portion so required by the City Engineer within thirty days after written notice or the City Engineer may cause such work to be done and the costs thereof shall be a lien upon said land. 5. The encroachments shall be installed and maintained in a safe and sanitary condition at the sole cost, risk, and responsibility of the owners and successors in interest who shall hold the City ha/mless with respect thereto, 6. No remodeling shall encroach upon any of the existing parking areas. 7. The agreement is made for the direct benefit of the property owners' land described in the agreement and covenants therein shall run with such property and shall be binding upon the assigns and suc- cessors of owners. The agreement for encroachment shall be accepted and approved by adoption of resolution by the City Council. 8. Upon adoption of said resolution, the City Clerk shall record said agreement in the Office of the County Recorder as an obligation upon the land involved. Exhibit "C" LEGAL DESCRIPTION Lots 9 and 10, Block 3 of Austin Heights Subdivision, National City. Map No. 1938