HomeMy WebLinkAboutReso - CC - 122-1989RESOLUTION N0. 122-89
AUTHORIZING EXECUTION OF AGREEMENT WITH DIODATI
CONSTRUCTION FOR CREEK IMPROVEMENTS AT 748 WALNUT
RESOLVED by the City Council of the City of
Burlingame, California, and this Council does hereby FIND,
ORDER and DETERMINE as follows:
1. The public interest and convenience require
execution of the agreement cited in the title above.
2. The City Manager be, and he is hereby, authorized
to sign said agreement for and on behalf of the City of
Burlingame.
3. The City Clerk is hereby ordered and instructed
to attest such signature.
I, JUDITH A. MALFATTI, City Clerk of the City of
Burlingame, do hereby certify that the foregoing resolution
was introduced at a regular meeting of the City Council
held on the 20th day of November , 1989 , and
was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: BARTON, HARRISON, LEMBI, O'MAHONY, PAGLIARO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
2. In consideration of the investment by Diodati
in said bridge and creek improvements and the cost of their
removal, City will allow them to remain in place until such
time as a final ordinance controlling improvements in and
near creeks is adopted.
3. Upon the adoption of said final ordinance said
bridge and creek improvements shall be removed or shall be
reconstructed to meet the requirements of said final
ordinance, the Uniform Building Code and all other codes of
City. In the case of work to be removed, Diodati shall
commence removal immediately after the adoption of the
ordinance, and shall complete said removal within thirty
days of the adoption of said ordinance. In the case of work
to be reconstructed, Diodati shall present plans to City for
all of such reconstruction work within thirty days of the
adoption of said ordinance. Immediately upon the approval
of said plans Diodati shall commence the reconstruction
work, and shall complete it within the time established in
the Uniform Building Code. The City Engineer may extend any
time limits set forth above to allow for weather or other
conditions which he determines have reasonably delayed
Diodati's performance of its obligations under this
agreement.
4. In recognition of their failure to obtain
permits for the original work, Diodati agrees to pay a
penalty fee of ten times the building permit fee, based upon
the work shown in Dominion Development Plans described
above.
5. Diodati shall provide a bond or other security
acceptable to the City Attorney in the amount of $10,000 to
assure the performance of the terms of this agreement.
Should Diodati fail to so perform any of the above
requirements City may demand that the surety perform said
work or may cause the bridge or creek improvements to be
removed or modified as may be necessary to meet the
ordinances of the City.
6. This agreement shall be recorded with the
County Recorder of the County of San Mateo, and shall be
binding on the heirs, successors and assigns of Diodati.
This agreement shall be completely disclosed by Diodati to
any purchaser of the property; Diodati shall remain
obligated under this agreement and any bond or security
until City approves of any assignment of this agreement and
the security provided by the assignee.
IN WITNESS WHEREOF, the parties hereto have caused
this document to be executed in the day and year hereabove
written.
STATE OF CALIFORNIA )
COUNTY OF )ss.
��p )
Diodati Construction
On this the I �- day of LYc��ewiUer 19
the undersigned Notary Public, personall Y � before me,
appeared lnr2 Oau�
U personally known to me
proved to me on the basis of satisfactory ////ev����idence
to be the person who executed the within instrument as
or on behalf of the corporation ther in n-
and acknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
Notary public in
County and State for said