HomeMy WebLinkAboutCC RESO 15,782RESOLUTION NO. 15,782
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT BETWEEN JOSEPH ALOTTA
AND THE CITY OF NATIONAL CITY FOR
DRIVEWAY IMPROVEMENTS
BE IT RESOLVED by the City Council of the City of
National City that the City Manager is hereby authorized to
execute an Agreement between Joseph Alotta and the City of
National City, (attached hereto as Exhibit "A"), for driveway
improvements.
PASSED and ADOPTED this 1st day of November, 1988.
GEORGWATERS, MAYOR
ATTEST:
IONS CAMPBELL, CIFY CLERK
APPROVED AS TO FORM:
GEGE {i. EISER, III
CITY ATTORNEY
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this
day of Pjt)ilrEte , 19, by and between the CITY
OF NATIONAL CITY,�a municipal corporation, hereinafter called "City", and
t4'se,,a. / 1 �W1a , hereinafter
call "Developer", WITNESSETH:
WHEREAS, Developer is about to record or has acquired a Parcel
Map to be recorded pursuant to the provisions of ordinances of the City of
National City relating to the filing, approval and recordation of Parcel
Maps; and
WHEREAS, That before said map is finally approved by the City,
Developer must either have installed and completed all of the public improvements
and/or land development work required by the Code to be installed in subdivisions
before final maps of subdivision are approved for purposes of recording in the
office of the County Recorder of San Diego County, or as an alternative thereof,
that Developer shall enter into an agreement with City, secured by an approved
,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,
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EXHIBIT "A"
and approved by the City Engineer, as shown on Drawings No. CS4e8 D I
a 3 ¢4,.D • and have been filed of record in the
office of the City Clerk on %JavFmBAFA g , 19
Document No. C Q-- SS 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 8" 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.
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 fr/42 JD, /989
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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
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improvement security in the sum of / S 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
sithin 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 or bondsmen be liable for
the payment of -any sum or sums for the above -mentioned work of any materials
furnished therefor.
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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 or employees in
the performance• of this agreement. Developer further agrees to protect and
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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.
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;TATE OF CALIFORNIA)
:OUNTY OF SAN DIEGO) sS
)N THIS 7 DAY OF ,�199 88 BEFORE
1E, THE UNDERSIGNED, A NOTARY PUBLIC IN A4 RAID
:OUNTY AND STATE, PERSONALLY APPEARED
AND ,KNOWN TO ME
IO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE
4ITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY
EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY N. fL SEAL, THE DAY AND YEAR IN THIS
CEP' FICA _� !VE WRITTEN.
MY COMMISSION EXPIRES:
BY
Nr' ARY PUBLIC IN AND FOR
AID COLTY AND STATE�
/ 9. O 3 E. 1 vi, ! S
_4.-7 -3oz-7
Developer's Address
ESTIMATED COMPLETION DATE:
IMPROVEMENT
Subdivision
1. Faithful
Form of:
Amount:
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
BY
Developer's Telephone No.
SECURITY FOR
Improvements:
Performance of Improvement Agreement.
Cash:
Trust & Agency $
2. Labor and Material
Form of:
Amount:
for
Receipt No.
Improvement Agreement.
Cash:
Trust & Agency .$
Receipt No.
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Great American Federal
Savings Bank
DIVISIONS:
SAN DIEGO FEDERAL
LAGUNA FEDERAL
SAN JOAQUIN FIRST FEDERAL
PEOPLES FEDERAL
FIRST FEDERAL OF SSO'/RTN IADENSAVINGS111V
RAM AN SAVINGS
SONOMA COUNTY SAVINGS
MISCELLANEOUS ASSIGNMENT
, - -}t M A3otta and Vicenz. 7-1otte hereinafter,ncalled ASSIGNOR, whose
address is i .' u 3 t• /,= c ai znL ' s- National (.:II— , does hereby
assign, and set over to The A^.= tv Of Fr- nn I ' ''-s' , hereinafter
called ASSIGNEE, all right, title, and interest of whatever nature, of assignor, in and
to the insured account of assignor in the 7 a t i "" t City
'Office of Great American Federal Savin s'Bank, evidenced by an account in the amount of
$ 1 ! , nr70 , On , nuMbe7: "'' nO2 302 6701 , which is delivered to the
;assignee herewith. Assignee )grees that his assignment care " with it the right in the
nsurance of the account bi-the Federal Savings and Loan Ins nce Corporation, and
includes and gives the_ right _to, assignee to redeem, collect, and withdraw the full
amount of such account at any time WITHOUT NOTICE TO ASSIGNOR.
Assignor hereby notif a great American Federal Savings, k of this assignment.
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Dated this ?7`-}' day of , 19 `_'.
This Bond applies to each Phase sr,:-'n,-etely
a9 fnllmn TinaUlV T S8,4 3.0O , F-ir' v TT 12,rn
Phase III $14:,P37.00, Phasetly $1,'s3 i.00
of D 6348 and 06349 and D 6331 as
determined by the engineer..
Assignor's Signature
X
RECEIPT FOR NOTICE OF ASSIGNMENT
Receipt is hereby acknowledged to assignee of written notice of the assignment to
assignee of the account identified above. We have noted in our records the assignee's
interest in said account as shown by the above assignment and have retained a copy of
this document. We certify that we have received no notice of any lien, encumbrance,
hold, claim, or obligation of the above -identified account prior to the assignment to
the assignee. We agree to make payment to assignee upon request in accordance with the
laws applicable to this bank.
Dated this 27th day of , 19_F .
Great American Federal Savings Bank, By:
I•,,,�: (f l,%
Signature and Title
RECEIPT FOR SECURITY
Receipt is acknowledged of the above assignment and the account identified in the
above assignment.
Dated this `, day of , 19
, Assignee.
By:
/
(Assignee or Authorized Officer) -
NOTICE OF CANCELLATION
The above assignment is hereby cancelled, and the security thereunder is hereby
released.
lie
Dated this i,? day of , 19_
, Assignee.
By:
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(Assignee or Authorized Officer)
A-345 (Rev. 9/83)
WHITE - Legal File CANARY - Assignor PINK - Assignee GOLDENROD - Branch