HomeMy WebLinkAboutCC RESO 2016-32RESOLUTION NO. 2016 — 32
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING THE TERMS OF THE TERMINATION AND MUTUAL RELEASE
AGREEMENT BETWEEN 819 "D" AVENUE, LLC, A CALIFORNIA LIMITED
LIABILITY COMPANY (THE "OWNER"), NC APARTMENTS, LLC, A CALIFORNIA
LIMITED LIABILITY COMPANY, AND THE CITY OF NATIONAL CITY, FOR
THE UNDERGROUNDING OF UTILITIES FOR THE HARBOR VIEW CONDO
PROJECT LOCATED AT 819 "D" AVENUE, AND AUTHORIZING
THE MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, on September 7, 2010, NC Apartments, LLC, and the City of
National City entered into a Reimbursement Agreement for the Undergrounding of Utilities for
the Harbor View Condo Project located at 819 "D" Avenue in National City; and
WHEREAS, the undergrounding of utilities is a condition of approval for the
Project pursuant to City Council Resolution No. 2006-266; and
WHEREAS, the parties desired to enter into the Reimbursement Agreement
because the City planned to underground utilities along 8'h Street, a portion of which is adjacent
to the Harbor View Condo Project; and
WHEREAS, pursuant to the terms of the Reimbursement Agreement, the Owner
agreed to pay the City for the cost of undergrounding one utility pole located at 9th Street and
the alley adjacent to the Harbor View Condo Project site, including a fee for project
administration. The other two utility poles, which front the Harbor View Condo Project site on 8th
Street. were to be completed and paid for as part of the City's 8th Street Utility; and
WHEREAS, the Utility Undergrounding for this portion of 8'h Street, which
included the three poles for the Harbor View Condo Project, was completed by the City's
contractor in February 2013; and
WHEREAS, the Owner submitted a letter of credit in the amount of $228,400 to
reimburse the City for the cost of construction, and a deposit in the amount of $28,325 to
reimburse for project administration costs; and
WHEREAS, staff has confirmed that all conditions and requirements for the
Harbor View Undergrounding Project pursuant to the Reimbursement Agreement have been
satisfied by NC Apartments, LLC and the Owner.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City accepts the terms of the Termination and Mutual Release Agreement between 819
"D" Avenue, LLC, NC Apartments, LLC, and the City of National City, for the undergrounding of
utilities for the Harbor View Condo Project located at 819 "D" Avenue.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor
to execute the Termination and Mutual Release Agreement.
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Resolution No. 2016 — 32
Page Two
PASSED and ADOPTED this 15th day of March, 2016.
ATTEST:
/i
Michael R. Dalla, S ty Clerk
PPROV D AS TO ORM:
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City £ torn
Passed and adopted by the Council of the City of National City, California, on March 15,
2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
,„„/„.1,F
C erk of the
City
National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-32 of the City of National City, California, passed and adopted
by the Council of said City on March 15, 2016.
City Clerk of the City of National City, California
By:
Deputy