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HomeMy WebLinkAboutCC RESO 15,931RESOLUTION NO. 15,931 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND JACK THACH FOR PUBLIC IMPROVEMENTS AT 1335 AND 1345 ORANGE AVENUE BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Improvement Agreement between Jack Thach and the City of National City for public improvements at 1335 and 1345 Orange Avenue in National City, a copy of which is attached hereto as Exhibit "A". PASSED and ADOPTED this 11th day of April, 1989. ATTEST: LORI ANNE PEOPLES,CITY CLERK APPROVED AS TO FORM: GEORGE H EISER, III CITY ATTORNEY GE RGE . WATERS, MAYOR I1 2OVE4ERT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AMID FOR LABOR & MATERIAL THIS AGREEMENT, made and entered into this 3rd day of April , 19 89 , by and between -the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and -Tcl MAGI" , hereinafter called "Developer", WI!I ESSETH: WHEREAS, Developer is about to record or has acquired an approved Parcel Map; and IIEMMEAS, That Developer shall enter into an agreement with City, secured by an appLoved improvement security to insure the performance of said work pursuant to the requirements of ordinances of the City of National City, agreeing at its own expense to install and complete, free of liens, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said City; and WHEREAS, Developer is willing to enter into this agreement wherein it is provided that Developer will install and complete at its own expense all the public improvement work required by City in connection with the said Subdivision and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, Complete Plans and Specifications for the construction, installation and completion of said public improvement work have been prepared and approved by the City Engineer , as shown on Drawings No. and have been filed of record in the office of the City Clerk on , 19 Y d , Document No. C A7F n2Gf a copy of which plans and Specifications is also on file in the office of the City Engineer; and P r REAS, an estimate of the cost of constructing said public improvements and/or land development according to. said Plans and Specifications has been made by the City Engineer and has been approved by City, to which estimate of costs, 10% thereof has been added as required by -1- ordinances of the City of National City for public improvements and/or an amount computed pursuant to the requirements of said ordinances has been added for land development work, which estimate is attached hereto, marked "Exhibit B" and made a part hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: To comply with all of the requirements of the tentative map resolutions; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workmanlike manner, under the ditection and to the satisfaction and approval of the City Engineer of City all of the public improvement and/or land development work required to be done in and adjoining said Map and will furnish the necessary materials therefor, all in strict conformity and in accordance with the Plans and Specifications, which document has been heretofore filed in the office of the City Clerk and by reference thereto is incorporated herein and made a part hereof. It is expressly understood and agreed that Developer will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before Alv/._ 3, / It is also understood and herein expressly agreed to by Developer that in the performance of said work, Developer will conform to and abide by all of the provision of the ordinances of the City of National City and the laws of the State of California applicable to said work. That if any of the public improvements and/or land development work contemplated by this agreement is to be constructed or installed on land not owned by Developer, no construction or installation shall be canienced thereon prior to the dedication and acceptance by City of appropriate easements or right-of-way therefor. Developer further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to the City and approved improvement security in the sum of 100% Imixovements = , and 50% Labor and Materials = -2- LSD , which security shall guarantee the faithful performance of this contract by Developer and is attached hereto marked "Exhibit C" and made a part hereof. It is further agreed that if the public improvements are not completed within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the public improvements within said subdivision in accordance with specifications contained herein. Upon certification of completion by said City Engineer and acceptance of said work by City and after certification of the City Clerk and City Treasurer that all costs thereof are fully paid, the whole amount, or any balance of said sum not required for payment thereof, may be released to Developer, or its successors in interest pursuant to the terms of the improvement security. It is also agreed and understood by the parties to this agreemennt that in no case will the City of National City or any Department, Board or Officer thereof be liable for any portion of the costs and expenses of the work aforesaid nor shall any officer, or his sureties or bondsmen be liable for the payment of any sum of sums for the above - mentioned work of any materials furnished therefor. Provided, however, that this shall not preclude City from entering into agreements with Developer for the apportionment of costs of water and sewer mains pursuant to the provisions of the ordinances of National City providing therefor, nor shall anything herein stated commit City to any such apportionment. It is further understood and agreed by Developer that any engineering costs (incln!ing plan checking, inspection , materials furnished and other incidental expenses) incurred by City in connection with the preparation of the improvement plans and the installation of the public improvements hereinabove provided for, shall be paid by Developer and Developer shall deposit with City a sum of money equal to 3% of the costs of the improvements, approved by the City Engineer. In ascertaining the amount of such costs incurred by City, the cost report of the City Clerk and City Treasurer shall be prima facie evidence of the true cost of the engineering services so performed by City. -3- It is understood and agrees that until'such time as all improvements are fully completed and accepted by City, Developer will be responsible for the care, maintenance of and any damage to the streets, alleys, easements, water and sewer lines within the proposed subdivision. That upon acceptance of the work on behalf of City, Developer shall grant to City by appropriate conveyance, the improvements constructed pursuant to this agreement. The acceptance of the work on behalf of City, Developer shall grant to City by appropriate conveyance, the improvements constructed pursuant to this agreement. The acceptance of the work on behalf of City shall be made by City Manager upon the authorization of the City Council. Such acceptance shall not constitute a waiver of defects by City. It is understood and agreed that City shall not, or any officer or employee thereof, be liable for any injury to person or property occasioned by reason of the acts or omissions of Developer, his agents or employees in the performance of this agreement. Developer further agrees to protect and hold harmless City, its officers and employe= from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of the acts or omissions of Developer, his agents, or employees in the approved improvement security shall not be required to cover the provisions of this paragraph. In the event that suit is bought upon this contract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agreement to be executed by having affixed thereto the signature of an authorized City Representative and Developer has caused this agreement to be executed, as duly authorized, the day and year first hereinabove written. -4- MIS-45 (Rev. 3/1381 STATE or CAT I_ U.;NIA ) ODUT TY OF SAN DIEGO) ON THIS DAY OF , 19 BEFORE ME, THE PUBLIC IN AND FOR SAID cotJMTY AN STATE, PERSONALLY APPEARED AND UNDERSICED, A NOTARY KNOWN TO MEE TO BE THE PE'.SON (S) WHOSE N12 T (S) ARE SUBSCRIBED TO THE T• ITI-IN AC(CIONLE.X4 TO tE THAT TIDY ENTaY "l) T E SA-E. INSTRt1 ENT, AND IN WITIESS WHEPTOF, I FAVE I' 'I'UN O SET MY HAND AND AFFIXED MY NOTARIAL SEAL, AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITI'EII. BY MY COMMISSIOIJ EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE Developer„4=" 7 o0 CA- ?2 /lB Developer's Address Developer's Telephone No. ESTIMATED CMPL T'ION DATE: /7` I'•TROVF F T SECURITY TRITY FOR Subdivision Improvements: Form of: THE DAY THE CITY OF NATIONAL CITY 'ION G. McC CITY MANAGER 9,e ,ej% T� o IJE/ ash: L/ f o� ui /Pi- % ,1-rf / 115 rust & Agency $ %3 T/ /A/ �,5.5 % Amount: ( 7/ 3,-62- Receipt No. (//(l /9A44/Ve6) q/o7F Git/e e:),eas/T/F72 ,, PF FS IWo ��, A/110 �1,1-7-ger,L5. attached to Improvement Agreement dated 4-3-89 San DiegoTrust & Savings Bank STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS. On this 3rd day of April in the year and State, personally appeared *JACK THACH* iiTc#(gkrplEtW(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) isAingsubscribed to this instrument, and ac- knowledge that he (slxialwasi1 executed the same. Witness my hand and official seal: Notary's Signature NOTARY ACKNOWLEDGEMENT INDIVIDUAL 1989 before me, the undersigned, a Notary Public in and for said County OFFICIAL SEAL DONNA M. NEBO NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Exp. March 27. 1992 (for notary seal or stamp] I Lt DOCUMENT SERIAL NUMBER. N 005991 FORM 3117 (REV. 11/88) AND WILL BE PAYABLE TO: CERTIFICATE OF DEPOSIT ACCOUNT NO.: PAYMENT BOND —CERTIFICATE OF DEPOSIT MULTIPLE MATURITY —NON-NEGOTIABLE 0029-059961 THIS CERTIFICATE OF DEPOSIT ISSUED BY OUR CERTIFIES THAT Coronado **67,350.00** OFFICE **Sixty seven thousand three hundred fifty and no/100 HAS BEEN DEPOSITED ON March 30 19 89 BY: Jack Thach City of National City DOLLARS (DEPOSITOR) UPON DELIVERY OFJUIS�aR IIFICATE, PROPERLY ENDORSED, AT THE ISSUING OFFICE WITHIN THE FIRST TEN CALENDAR DAYS FOLLOWING MATURI- TY, WHICH IS FROM THE DATE OF DEPOSIT. IF NOT SO DELIVERED DURING THIS WITHDRAWAL PERIOD, WE WILL AUTOMATICALLY REINVEST THIS DEPOSIT FOR A LIKE PERIOD, IF AVAILABLE, AND AT THE INTEREST RATE THEN IN EFFECT ON THE DAY OF REINVEST- MENT. WE RESERVE THE RIGHT, HOWEVER, NOT TO REINVEST THE DEPOSIT WHEN IT MATURES. A DEPOSIT THAT IS NOT REINVESTED DOES NOT EARN INTEREST AFTER ITgATURRES. THIS DEPOSIT WILL EARN INTEREST AT A RATE OF 6. 00 ON A mp a INTEREST BASIS USING A 365 PERCENT PER ANNUM, COMPUTED DEPOSITOR. THIS CERTIFICATE IS non TO THE TRANSFERABLE. IF ANY OR ALL OF THIS DEPOSIT IS WITHDRAWN BEFORE R. SMATURITY, THE T WILL BE DAMOUNT WITHDRAWN WILL BE SUBJECT TO A SUBSTANTIAL INTEREST PENALTY AS DISCLOSED IN OUR PUBLICATION. trx 14 1 reo. 'C. ' AU' ORIZED SIGNATURE ROGER D. Si PSON. P.E. REGISTERED PROFESSIONAL ENGINEER BARBARA J. SIMPSON MANAGER 7 Li Samples SIMPSON ENGINEERING 1240 BROADWAY 920S EL CAJON. CA 92021 (619) 588-4065 COST ESTIMATE Q (a itize - L S - - - e% 4 ,/a CIVIL ENGINEERING PUBLIC WORKS CALIFORNIA RCE 25,925 ARIZONA RCE 14,920 NEVADA RCE 6,473 Page 0 of Z Job No.G '7e/-4)/ Date 3//4/881 Prepared byPP t' For •f. �vD/..i6 NO. / / 1, ITEM/DESCRIPTION -- UNIT / UNIT/COST TOTAL 4 2) L 5 �v S i vJ-E/,�p,u�.�'� J (, -t4 .1.5 -*2t, 066 Hesis/c%A-+re..k./�dJ p) C. �o.Sc)A►€ *.LR,G, (2 r Ti L, S q v L, . 5 "�-A oT /- S�//1 / A bond will Chapter the 44 g©o- FOR CITY USE ONLY s „Q koF E 3570,E in the amount of $ kc `� ; • v the of Article 2, ) c' '"' satisfy provisions X of the Municipal Code for improvement of �'( ;1 -G.'i `S•' j >y�_ Estimated time completion is of • OP60 C to Control Engineer • -7 ENGINEER OF WORK Roger.D. Simpson, P.E. Date ld� This estimate represents our best judgement based upon available data; Simpson Engineering, Inc. cannot and does not guarantee that proposals, bids or construction costs will not vary from this prepared estimate.