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HomeMy WebLinkAboutCC RESO 15,615RESOLUTION NO. 15,615 RESOLUTION AUTHORIZING rah CITY MANAGER TO EXECUTE AN IMPROV VENT AGREEMENT BETWEEN SHIRLEY STACK AND JOE E. WILLIS FOR GRADING, PUPLIC IMPROVEMENTS AND MONUNEENTATION BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute on behalf of the City, an Improvement Agreement between Shirley Stack and Joe E. Willis for grading, public improvements and monumentation. PASSED and ADOPTED this 17th of May, 1988. George H(/ Waters, Mayor ATPEST: Ione Campbell, Citylerk APROVED AS TO FORM: Ask lr George'H. Eiser, III -City Attorney aoprovea Dy one l.I Ly HLLurney, anu and approved by the City Engineer, as shown on Drawings No. (; 473 -D and have been filed of record in the C , 19 c3• , office of the City Clerk on J�(�`1 I Document No. a copy of which plans and Specifications is also on file in the office of the City Engineer; and WHEREAS, 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 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: That in consideration of the approval and recordation by the City Council of the Parcel Map of said subdivision, and/or other valuable consideration, Developer expressly herein undertakes and agrees 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 direction 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. It1. d . d thatDeveloper will cause is expressly understood and agreed r all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before 41a)/ 3/ /989 ' - 2- 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 provisions 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 commenced 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 an approved improvement security in the sum of 4764900`-'° 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 agreement 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 nr hnn4smen by liahlo for the payment of any sum or sums for the above -mentioned work of any materials furnished therefor. - 3- 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 (including 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. It is understood and agreed 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 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 rr employees in the performance of this agreement. Developer further agrees to protect and -4- hold harmless City, its officers and employees 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 brought 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. -5- STATE. OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS iv DAY OF (� , 19 P' BEFORE ME, THE UNDERS(9UBIGNED, A NOTARY LIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED %. f . ?vcc.l` t - AND ' KNOWN TO ME TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. Through the courtesy of FT.20 MY COMMISSION EXPIRES: Zz1 /Fee RY PUBLIC IF'AND FOR ID COUNTY AND STATE oper AO Joe cAa E/Cafoi, c.4 Developer's Address ESTIMATED COMPLETION DATE: THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER BY CITY MANAGER (i )ii' 1262 Developer's Telephone No. IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Improvement Agreement. Cash: Form of: ,8oWq� Trust & Agency $ Amount: '/G4, 90,0 Receipt No. 2. Labor and Material for Improvement Agreement. Form of: BOWQ/ Cash: Trust & Agency $ Amount: 1�64 9D0 t! Receipt No. Individual Acknowledgment STATE OF CALIFORNIA . A COUNTY OF �^^ N4-424 On this day of /14 4-7 and for said County and State, personally appeared } SS. in the year 19 g� , before me, the undersigned, a Notary Public in personally known to me (or proved to me on the basis of satisfactory evidence) to be the l!pfer_ -son whose name / ' subscribed to this Instrument and acknowledged that a'1-- executed it. WITNESS my hand and official seal. Notary Public in and for said County and State Notary Seal OFFICIAL SEAL T. M. WALDRO NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNT My Comm. Expires Aug. 20. 1991 c, W 'I. MANHOLE rm PM'Mb Mt/ OP 00 AGKG L'Of CO.913G• I2% 12IH vbVD PM IPAR.3 4.30E 4 N11°hb'70"G m%2.491 (N11•0b'4O"0 &0/2:10' K.OPb. eem) I i 1"oUNV 2' IKON PIPe wKN VI% tut 120,9Co POR PM.4'db AND RAPb. N.C.GOK.PAK.4,PM4b0b. 1412'02'09"0 2056I' POUND Kit trig MK R.OP4a 0045. AU PICD A3 1CK- r itift (1AHAKANO1 I1 14 12°02 "t 444 05' (1.112'01' 52"G (o6256;' FIR K.Or b te45) i f It TN 011K0 1. KIW I_ PARCEL 1 ig N12•02'0Pi"6 RANCHO DE LA NACION Q-m SEC 106 MAP 166 PARCEL 2 cow 11) N� O N �(9 PARCEL 3 0 t h h1?Ob'Sb'E •' 1h.O0' z ___Th` < 15.40' 112.Ordbb"e 12ri24' 00.00' ROW V2" wog PIN K.6-G 110(ot FM MAP &&e& N.W. GOK. b0'f di6 N12.00'Ob1C 0042' (1410'S0'2011 &OW MILMAp ) !Aisle ofhw 1/4 mW 1/4 Q1K. Oa/.. 100. / POOE,G.5K1 pro" POK MA13 (Drabs 21i2.19' (262.1V P IVAAP &WO) ROGER D. SIMPSON, P.E. REGISTERED PROFESSIONAL ENGINEER BARBARA J. SIMPSON MANAGER SIMPSON ENGINEERING 1240 BROADWAY 9205 EL CAJON. CA 92021 (619) 588-4065 COST ESTIMATE ire 2ciCz -e - S - - S� 1 ,r , Si'QT,� /3� fiC � - S .,� / c �2 . /4 /""' 4Jc Z D C GG2, 4.1) - CIVIL ENGINEERING PUBLIC WORKS CALIFORNIA RCE 25,925 ARIZONA RCE 14.920 NEVADA RCE 6,473 Page 7 of Z Job No.4 78V-a/ Date 3/t4/SS Prepared by4t For NO. ITEM/DESCRIPTION /417 UNIT UNIT/COST TOTAL ,3. ✓t Ia�/ci re-L/ c .-J ( 14 p z 2� — C. ea. Scan, yl�Qi�(CaG ebO FOR CITY USE ONLY 9 bond in the amount of $ will satisfy the provisions of Article 2, Chapter X of the Municipal Code for the improvement of Estimated time of completion is Date Control Engineer ENGINEJR OF WORK Roger.D. Simpson, P.E. 004 �Dd pFE 'o. 2 q2 OF t U� ((6(4 Date This estimate represents our best judgement based upon available data; Simpson Engineering, Inc. cannot and does not guarantee that proposals. bids or construction Exh//B/T : vary from this prepE ROGER D. SIMPSON, P.E. REGISTERED PROFESSIONAL ENGINEER BARBARA J. SIMPSON MANAGER SIMPSON ENGINEERING 1240 BROADWAY #205 EL CAJON, CA 92021 (619) 588-4065 COST ESTIMATE j,C-Ai 7 7 /i iaA A- . ZS - 4- 84 d-/Gv,€,c T - /4 c c Zd7 (,=FE,,e, ) Si i U rLa.e 3 ?4.ec,ELS CIVIL ENGINEERING PUBLIC WORKS CALIFORNIA RCE 25,925 ARIZONA RCE 14,920 NEVADA RCE 6,473 Page 2 of ,Z Job No . c'G# 5)/-a/ Date 3//geTY. Prepared by For NO. ITEM/DESCRIPTION UNIT UNIT/COST TOTAL z ;L—„4S. ,'e/e - rxe z--rra J 3 / /a c:y _� ° v 9 336 . . 2. -Ra75-Cy -7 S 23, ‘9Z ,i7��- -/w�, - 5C,0G/,�— ��� �7,4-.3) /�, D�si' e9 a S 2 �� Sr 65©D ,7 " ©6 ° 3 J'� o ,,--/;) 3-c :cR/1s:7d, . J 4 ,/ 5� I4C 2 p -- / / ZD 2) RAJ/F. J/F. ci v CciR.e3 -.5 7 �a/,� / / `- a�a=--/ l� r-C,� ( 4)- 7 s) n C'2-,ed acr-ZS- - (3 -zs) 2 2 d 4G2 , 9. k-,./.A.7 Ap,z c, c. 74 e � 3 Z S 2 44.< /�,_2/c%� - ,z? /o ,�, ) r L� '�-.3C/c) u /8 5,c- 3 �� / .5S 47 -- g/ \ 07 4.9 49 / 5 c7-4-L z-i- ��� ;D , ' a, 3' 1 , � / -- ..�/€J 474 _2 Lb / 9 0 - ,\ No. 25925 %I n'd' Gam" /� SJ �!�'1i0 y%+ r / cj'7 Clb'L )QC �� Rbger.D. Simpson, P.E. E9 JJ This estimate represents our hest 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 Bond# 3SM 706 566 00 CONTRACT BOND - CITY OF NATIONAL CITY PAYMENT BOND - PUBLIC WORKS KNOW ALL MEN BY THESE PRESENTS: That we Shirley Stack and Joe E. Willis as Principal, and American Motorists Insurance Company , a Surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the City of National City, as Obligee, in the sum of Sixty -Four Thousand Nine Hundred & i0/100 Dollars ($ 64,900.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the condition of the foregoing obligation is such that the above bounden Principal has entered into a contract, dated April :, 1988 , with the Obligee to do and perform the following work, to wit: Parcel Map15-4-86 NOW. THEREFORE, if the above -bounden Principal or his subcontractors fail to. pay any of the persons named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the contractor and his subcontractors pursuant to Section 13020 of the Unemployment Insurance Code of the State of California, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is moo n on thin hnrva _ n �n�......_� ,_ _ice_-----. _ -. - - Individual Acknowledgment rt. STATE OF CALIFORNIA ' COUNTY OF ^^- ' } SS' 'S Or On this 04'1/4 - day of '- , in the - irg before me, the undersigned,Public E the ls in and for said County and State, personally appeared S41,../1- 7 SQ�iL. personally known to me (or proved to me on the basis of satisfactory evidence) to be the person_ whose name (3 subscribed to this instrument and acknowledged that executed It. STATE OF CALIFORNIA I 1 vro000UNTY OF ORANGE ) ss. • ON APR 1 4 1988 19 before C me a Notary Public in and for said State, personally appeared JOHN L. BEALL porsonally VI L M1 OFFICIAL SEAL known to me to be the person whose name is subscribed to the (11 W ; DIANA L. BAGWELL within Instrument as the Attorney in -Fact of AMERICAN �� I NOTARY PUBLIC - CALIFORNIA MOTORISTS INSURANCE COMPANY, and acknowledged to to i �+. PRINCIPAL OFFICE IN ,\ , ORANGE COUNTY me that he subscribed the name of said Company thereto as V a, ,. My Commission Exp. July 2, 1991 Surety, and his own name as Attorney -in -Fact. �-i s� 0 ; /1 �:r1�2 c�> c t2 X'=,W,llig� ���alti #�o.Z,15, o\��WA'fi/i� Notary E-xyi8/r'c 6 Bond# 3SM 706 566 00 RECEIVED Premium $1,9.47.00 ENGINEERING DEPT. I9n8 APR adite04SECURE FAITHFUL PERFORMANCE OF IMPROVEi•MENT AGREEMENT CITY OF WgATdg`iAkibe..iCai yMuncil of the City of National City, State of California, and Shirley Stack and Joe E, Willis (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvement which said agreement, dated April , 198 , and identified as project 'arce Map LS-4-86 is hereby referred to and made a part hereof; and Whereas, Said principal is required under the terms of said agreement to furnish a surety for the faithful performance of said agreement. Now, therefore, we, the principal and the undersigned as surety, are held and firmly bound unto the City of National City hereinafter called "City", in the pe- nal sum of Sixty-four Thousand Nine Hundred & NO/100 dollars ($ 64,900.00 ), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be an remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount spe- cified therefor, there shall be included costs and reasonable expenses and fees including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees that no change, extension of time, alte- ration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of tiem alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on April.14 , 19 88 American Motorists Insurance Company By: Surety STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss r STATE OF CALIFORNIA COUNTY OF ORANGE fj I�GI� y U, IC 7 i;:117ia,;4ail /irirtiic l ` S:4 712'0 f \1MV/Z/727��..2... / �./.:=NM.- .:17 r1. if ss. APR 1 4 1988 ON 19 __ before me a Notary Public in and for said State, personally appeared ly JOHN L. BEAT Ti known to me to be the person whose name is subscribed to the within Instrument as the Attorney -in -Fact of AMERICAN MOTORISTS INSURANCE COMPANY, and acknowledged to me that he subscribed the name of said Company thereto as Surety, and his own name as Attorney -in -Fact. OFFICIAL SEAL DIANA L. BAGWELL NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Exp. July 2, 1991 r„ f.' f ri iL's11 d ' AMERICAN MOTORISTS INSURANCE COMPANY Home Office: Long Grove, IL 60049 POWER OF ATTORNEY —'Know All Men By These Presents: chat the American Motorists Insurance Company, a corporation organized and existing�under the laws of the State of Illinois, and laving its principal office in Long Grove, Illinois, does hereby appoint John L. Beall of San Diego, California************************************** KEMPER GROUP 1 its true and lawful agent(s) and attorneys) -in -fad, to make, execute, seal, and deliver during the period beginning with the date of issuance of this power and ending December 31, 1988, unless sooner revoked for and on its behalf as surety, and as its act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000.00)***** EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the American Motorists Insurance Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said American Motorists Insurance Companyas fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected oicers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1988. This Power of Attorney is executed by authority of a resolution adopted by the Board of Directors of said American Motorists Insurance Company on May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the Chairman, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 20th day of May, 1981: "VOTED, That the signature of the Chairman of the Board, the Chairman, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Board of Directors on May 20th, 1981 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof, the American Motorists,yIs ranee Company has caused this instrument to,signed and its corporate seal to be affixed by its authorized officers, this 1 dayof Apr11, 19 AMERICAN MOTORISTS INSURANCE COMPANY Attested and Certified: By G. H. Kasbbhm, Vice President R. t{. J . nson, • retary STAT' OF IL NOIS CO NTY O LAKE SS 1, 01:-. W. ennett, a Notary Public, do hereby certify that G. H. Kasbohm and R. H. Johnson personally known to me to be the same ns whose Corporation of the State of Illinois, sure bscribed to the foregoing nstrument, appeared before me thisday inSe reta of the American Motorists n person and ssurance everally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. (O4 , t/ & ae pOlga W. Bennett, Notary Public My commission expires: November 18,1988 FM 836-4 7-86 1M Power of Attomey—Term PRINTED IN U.S.A. CERTIFICATION I, Sven L. Johanson, Secretary of the American Motorists Insurance Company, do hereby certify@be attached ed Po Diego, of Attorney dated April 8, 1987 on behalf of Beall California************************************.....x.******************* is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said G. H. Kasbohm and R. H. Johnson who executed the Power of Attorney as Vice President and Secretary respectively were on the date of the execution of the attached Power of Attomey the duly "' Iected Vice President and Secretary of the American Motorists Insurance Company. 4 TESTIMONY WHEREOF, 1 have hereunto subscribed my name and affixed the corporate seal of the American Motorists Insur- ice Company on tAip fl 1 4 1988 day of , 19 Sven L. Johanson, Secretary nis Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein, and they have no authority to bind the Company except in the manner and to the extent herein stated. FM 836-4 7/86 1M