HomeMy WebLinkAboutCC RESO 15,444RESOLUTION ND. 15,444
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
IMPROVEMENT AGREEMENT BETWEEN E.M. STANLEY, DEVELOPER
OF CITY'S PARCEL MAP NO. 1987-3-NC (1426, 1432 AND
1434 EAST 7TH STREET)
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 E.M. STANLEY, Developers of
City's Parcel Map No. 1987-3-NC (1426, 1432 and 1434 East 7th Street).
PASSED and ADOPTED this loth of November, 1987.
ATTEST:
Ione Campbell, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III -City Attorney
Georg��aters, Mayor
day of
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS1AGREEMENT, made and entered into this /O
, 19 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter. called "City", and
Ernes/ iL/ SA7n/4 .
call "Developer", WITNESSETH:
WHEREAS, Developer is about to record or has acquired a Parcel
Map ito 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
, hereinafter
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,
and approved by the City Engineer, as shown on Drawings No. 6353-D g4354
and have been filed of record in the
office of the City Clerk on , 19 51
Document No. C. 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.
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 S92/1e474er J /988.
-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
J'?0,83¢ (Per4r77747ce,)
improvement security in the sum of .70/4/2raohdy-pWgiawhich 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 or bondsmen be liable 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 or employees in
the performance of this agreement. Developer further agrees to protect and
-4-
l
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
t, ,
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.
CALLFORNIO ss
3F'SANLEGO)
DAY 0
UNDERSIGNED, A
AND STATE, PERSONAL
AND
:HE PERSONS WHOSE NAMES
INSTRUMENT, AND ACKNOWLEDGE
:D THE SAME.
AESS WHEREOF, I HAVE HEREUNTO SET MY ND
0 MY NOTARIAL SEAL, THE DAY AND YE,' IS
ICATE FIRST ABOVE WRITTEN.
COMMISSION EXPIRES:
BY
NOTARY PUBLIC IN AND FOR
SAID'COUNTY AND STATE
Developer
"7-5- DAVM-ro Ai 091/4
A E gov.e" e4A,
Developer's Address
5710/1 /ey :r .s./."9/747/ate •
ye/v./416y sZ/4 /*Cd1.11/7
oe /0 Ve7
CITY OF NATIONAL CITY
TOM G. McCABE
TY MANAGER
BY
Ili
CITY MANAGER
7.avn 4 ,WcCole
/716a-5-37r
Developer's Telephone No.
ESTIMATED COMPLETION DATE: ,5540 /9829
IMPROVEMENT
Subdivision
1. Faithful
Form of:
Amount:
SECURITY FOR
Improvements:
Performance of Improvement Agreement.
Cash:
Trust & Agency $
00/7 al
, 19 BEFORE
ARY PUBLIC IN AND FOR SAID
APPEARED
KNOWN TO ME
A' UBSCRIBED TO THE
0 ME THAT THEY
Receipt No.
2. Labor and Material for Improvement Agreement.
Form of:
Amount:
eto, e.34i
Aviv/
Cash:
Trust & Agency $
Receipt No.
ir
-6-
1:
A.t;.C• .c 5.7>! /G,t' I: sf.
/9959 ,CCEPyEp AS ##O,PTl1WEJ'T
CO.PNEA' PARCEL ¢ PM. 7/25
56.09'(5 ./3'PER P.M. 7/25) .`.
1-R am, //PE #Y/r Pax-
.17:4MP4191 O. E. G424 PER MAP
3725, RAC 7/.25 ANOP,4p /3959
417/10/9`0`E 19.93' (Se.00'PEP
7M. 7/257499,l/J' OF4549.P41/64'
J'TAMPE',P.aE. 2593/PER
Pitt. 7125 4M' P.t/. /3959
N7/'04'/G "E /IO.00'
J'EEPETA/6 'C'"
ON XI/SET 3
>'ARCEC AMP BOCWP4R,
j- N7/"06'SG "E ,50.00'
J'EEJETA/L
O,YJWE67
7th/
N71'O4'/G "E G42. 45'
SB00'
fv'7.G'6
S6I00'
N77'oasa'
FFANCdo ' DE : ! A
40 A-\C., LOT 2 (-Tr RJ
PORT/ON 0 7 STRE
C/TJ-' NAr/ /AG C.
RECORDED 2- -1D2.
P.9¢� 2.5 o/ TED.S.
(Gv2.32'PE,P
..00
7/ 077r /W. 23'
N
15 070
uuV k
hn Q a3
�llss 75f
f U
a
25 68.00
4/7/104'Q`E >Os.
0°03�
v.
PARCEL 2 oo'u
RM. 13959 t•.,
75.00'
N7/Wit 5G"6
33128'
40.
STREET
/Ty r/B JNEEr,t. /527
SOX
FA P, A l/L PEFPM.
w
Z
w
N7/°06'SG'E GG2.SG' (GG1, ¢G' PE,P C/ryT/E„J#66T,YO. /5.1
8th STREET
R ANC;-J J D
M A P J J J
A NACJ ON
E. CTJ Jj\J 132
PLAT