HomeMy WebLinkAboutResolution No. 4904RESOLUTION NO. '� �o49A
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
follows:
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
SAN RAFAEL CAYES, INC. ,
e copy of which is hereby attached and by this reference made a
part hereof.
|^ , Clark of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the
Council of said City held on Monday the
day of January
19 76 , by the following vote, to -wit:
AYES : Councilmen: Jensen, Miskimen, Mulryan, Nixon and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: None
MARION A. GRADY, City Clerk
(AGREEMENT FOR MAINTENANCE OF SOUTH LEVEE - SAN RAFAEL CAYES)
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C.C. AGENDA ITEM N0. 14
A G R E E M E N T
FOR MAINTENANCE OF SOUTH LEVEE
(Guaranteed by Ootid)
SAN RAFAEL CAYES
THIS AGREEMENT, made and entered into this -115T" day of OCTO E�E'T< ,
19 715 , by and between SAN RAFAEL CAYES, INC., herein referred to as "Owner",
and the CITY OF SAN RAFAEL, a municipal corporation, herein called "City",
W I T N E S S E T H:
WHEREAS, Owner and City have heretofore made and entered into an
agreement, dated the 7th day of October, 1963, wherein Owner agrees to construct
certain improvements therein more particularly described, as a condition to
approval by City of the final subdivision map of San Rafael Cayes, Unit One; and
WHEREAS, Owner and City have heretofore made and entered into an
agreement, dated the 15th day of March, 1965, wherein Owner agrees to construct
additional fill and rip -rap on the existing levee constructed pursuant to
aforementioned agreement after expected settlement; and
WHEREAS, the parties desire to enter into a new additional agreement
to waive the one (1) year maintenance period and to reduce the bond amount as
a result of the formation of the East San Rafael Drainage Assessment District No. 1;
NOW, THEREFORE, IT IS AGREED, as follows:
1. City shall accept that portion of levee colored in yellow on
attached Exhibit "A" and waive one (1) year maintenance period
since Owner has maintained said levee for a period of seven (7)
years.
2. Owner shall maintain that portion of the south levee colored in
blue on attached Exhibit "A" until the construction of the outer
levee by other parties or until such time this agreement is
terminated by mutual consent of both parties.
3. The performance of this agreement shall be secured by a -faithful
performance bond in the penal amount of Twenty-two Thousand
Dollars ($22,000) executed by Owner as principal and by an
admitted corporate insurer as surety, in form to the satisfaction
of the City Attorney.
- C.C. AGENDA ITEM N0. 14
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and signatures the day and year first above written. ,
APPROVED AS TO FORM:
City Attorney
SAN RAFAEL C YES, INC.
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By
"Owner"
CITY OF SAN RAFAEL, a municipal corporation,
By
ATTEST:
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Mayor
City Cler
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C.C. AGENDA ITEM N0. 14
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