HomeMy WebLinkAboutCC RESO 15,437RESOLUTION NO. 15,437
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
IMPROVEMENT AGREEMENT WITH BOULEVARD INVESTORS, DEVELOPERS OF
CITY'S PARCEL NO. 1987-6-NC (DUCK POND, SOUTH EAST CORNER OF NATIONAL
CITY BOULEVARD AND 30TH STREET) AND THE CITY OF NATIONAL CITY
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 Boulevard Investors, Developers
of City's Parcel No. 1987-6-NC (Duck Pond, southeast corner of National
City Boulevard and 30th Street).
PASSED and ADOPTED this 20th day of October, 1987.
George H WatPrs, Mayor
_A.I'KST:
La_
Ion- Campbell, City @lerk
APPROVED AS TO FORM:
George H. Eiser, III - City Attorney
i+
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this
zap
day of � , 19 S7 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
26/e { O/C7//z'ves10/S (/7e,kr/Fox Oito'T. N Broai, Jam,, , 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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and approved by the City Engineer, as shown on Drawings No. 6 4O 7-D
and have been filed of record in the
, 19 S% ,
office of the City Clerk on
r
eio it€A- 2 0-/4
Document No. �'% ' 7 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 ha been added as required by ordinances of
the City of National City for pubic improvements and/or an amount computed
I
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 consideratioln 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 land 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 Ocieler 30, /788 .
*
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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 ofthe 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
which security
improvement security in the sum of 82/7, O6O
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-
4- '1/4i,, 703 Ai: Far,- / Per4vrnance
72, 357 7r Aria, ?,Mj /err/s
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 Nation -al
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 approve
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.
STATE OF CALIFORNIA) ss
COUNTY l.F SAN DIEGO)
ON THIS DAY OF
ME, THE UNDERSIGI
COUNTY AND STATE,
AND
TO BE THE PERSONS WHOSE
•WITHIN INSTRUMENT, ANI .CKNOWLEDG
EXECUTED THE SAME.
A NOTARY PUBL
:LLY AP•"
RED
19 BEFORE
IN AND FOR SAID
KNOWN TO ME
SUBSCRIBED TO THE
ME THAT THEY
0
• IN WITNESS W.-- OF, I HAVE HEREUNTO SET MY HA,! AND
AFFIXED M /4TARIAL SEAL, THE DAY AND YEAR IN TH
• CERTIFI E FIRST ABOVE WRITTEN.
MY COMMISSION EXPIRES:
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
BY �I
3► 31 f V\OmA►,'-1i`l
N A- r or�ua\,-, C cr) ,CA
Developer's Address
$/.. /20 kres Ver. ed,6y:
io/7/87
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
Developer's Telephone No.
ESTIMATED COMPLETION DATE: Oc#0,6<./ JO` /988
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful Performance of Improvement Agreement.
Cash:
Form of: /r eveme4/ Comnaiveq/ Trust & Agency $
o� Fvnds
Amount: ' /44, 7:03.00 Receipt No.
2. Labor and Material for Improvement Agreement.
Form of: ,rrevocz6/ 47Ame,,.? zo,,/Cash:
0/Fends. Trust & Agency $
Amount: j%2, 3.6240 Receipt No.
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•
HIDDEN VALLEY ENGINEERING
470 SOUTH ESCONDIDO BLVD.
ESCONDIDO, CALIFORNIA 92025
(619) 747-9586
GRADING COST ESTIMATE
For Assessor's Parcels 562-251-32, 33, 34, 35
Item Quantity Unit Price Amount
Excavation 1483 cy 6.00 8,898.00
Fill 2168 cy 7.00 15,176.00
Type "G" Catch Basin 1 ea 2050.00 2,050.00
750-gal clarifier 1 ea 2500.00 2,500.00
Reset exist grate inlets to grade 2 ea 1000.00 2,000.00
Reset exist storm drain C.O. to grade 1 ea 1000.00 1,000.00
3' concrete swale 725 LF 9.75 7,069.00
P.C.C. driveway 240 SF 2.70 648.00
Terrace ditch, Type "D" 340 LF 9.75 3,315.00
G-1 concrete curb 1260 LF 9.75 12,285.00
G-2 Concrete curb & gutter 445 LF 11.00 4,895.00
AC Paving on aggregate base 66,652 SF 1.00 66,83r OO 1`
Gravity retaining wall, Type "B" 180 LF 16.00 2,880.00
\COST $ /2 9, 550.00
,41 nun9e/I%%Tian 82, 040.00 1
Sv61o/a/ a /34.550.00. 1
:I/0g Car//i»gency /3, /53. DO
Gfand To/a/= 1/44,703•00
ExH/B/r "a~
IRREVOCABLE COMMITMENT OF FUNDS
FOR
PAYMENT OF LABOR AND •MATERIALS
FOR
DUCK POND
Division 'of Land by Boulevard Investors
(Name of Subdivision)
The undersigned.
(Name of Bank)
being a financial institution which is subject to regulation by the State of
California. or by the Federal Government, hereby pledges that monies to the
extent of $ 72,357.00 are credited to the loan commitment
account of
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
(Name of Subdivider)
as required by the Subdivision Map Act of the State of California for the
purpose of securing the obligations set forth in Title 15 (commencing with
Section 3082) of Part 4 of Division 3 of the Civil Code of the State of
California for payment of the contractor, subcontractors and persons renting
equipment or furnishing labor or material to them for the improvements to be
constructed pursuant to that certain agreement dated October 9 , 19
87 , for
Duck Pond - Division of Land byBoulevard Investors,
(Name of Subdivisio
executed by and between said
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
.
The Mitsubishi Bank of California
(Name of Subdivider)
and the City of National City. a municipal corporation, and in addition, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurred
in the City of National City in enforcing such obligations.
The undersigned
guaranteed for payment
loan commitment account
Rcmlevard Investors
(Name
for the uses and purposes
notice signed by the City
release of said funds.
agrees that said funds are trust funds on deposit and
and that it shall hold said funds to the credit of the
of
(Herbert Fox and T. N. Brown, Jr..)
of Subdivider)
herein set forth, until such time as it receives written
Engineer of the City of National City authorizing the
By execution and delivery of this Irrevocable Commitment of Funds to
the City of National City the undersigned financial institution is relieved of any
and all liability to said
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
(Name of Subdivider)
except as herein specifically set forth.
EXA/B/T 'C"
Dated at
October
Chula Vista
, 19 87
California. this 9th day of
The Mit .isdhi Bank of California #2
(Name of Bank =ranch Number
By X
ay y Siebern
Title stant Vice President
Address to which notices to Bank
should be sent:
The Mitsubishi Bank of California
410 H Street/P. 0. Box 1475
Chula Vista, CA 92012
The undersigned hereby agrees to all the terms and conditions of the
foregoing Irrevocable Commitment of Funds and releases the financial institution
executing said Irrevocable Commitment of Funds from all liability except as
therein specifically set forth.
Dated at Chula Vista
October . 19 8/.
APPROVED S TO FO
By -
George H. iser, III - City Attorney
APPROVED AS TO SUFFICIENCY:
By
Director of Financ
By
By )(
, California, this
(Subdi
T. N. Brown, Jr.
9th
day of
IRREVOCABLE COMMITMENT OF FUNDS
FOR •
FAITHFUL PERFORMANCE
FOR
DUCK POND
Division of Land by Boulevard Investors
(Name of Subdivision)
The undersigned, The Mitsubishi Bank of California
(Name of Bank)
being a financial institution which is subject to regulation by the State of
California, or by the Federal Government, hereby pledges that monies to the
extent of $ 144,703.00 are credited to the loan commitment
account of •
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
(Name of Subdivider)
as required by the Subdivision Map Act of the State of California for the
purpose of securing the faithful performance of all the terms and conditions of
that certain agreement dated October 9 , 19 87 , for
Duck Pond - Division of Land by Boulevard Investors
(Name of Subdivision)
executed by and between said
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
(Name of Subdivider)
and the City of National City, a municipal corporation, and in addition, costs
and reasonable expenses and fees, including reasonable attorney's fees, incurredby
the City of National City in enforcing the terms and conditions of said
agreement.
The undersigned agrees that said funds are trust funds on deposit and
guaranteed for payment and that upon receipt of written demand, signed by the
City Engineer of the City of National City, the undersigned shall immediately
pay said funds or such amount thereof as shall be set forth in said demand, to
the Director of Finance of the City of National City to be used for the purpose
set forth above.
The undersigned futther agrees that it shall hold said funds to the
credit of the loan commitment account of
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
(Name of Subdivider)
for the uses and purposes herein set forth, until such time as it receives written
notice signed by the City Clerk of the City of National City authorizing the
release of said funds.
By execution and delivery of this Irrevocable Commitment of Funds to
the City of National City the undersigned financial institution is relieved of any
and all liability to said
Boulevard Investors (Herbert Fox and T. N. Brown, Jr.)
(Name of Subdivider)
except as herein specifically set forth.
EXHIBIT C "
•
•
Dated at
Chula Vista
October , 19 87.
(SEAL)
13j4�.'h as.
3oa
California. this 9th day of
The Mitsubishi Bank of California #2E
Name of
By X
Title
Address to which notices to Bank
should be sent:
The Mitsubishi Bank of California
410 H Street/P. 0.. Box 1475
Chula Vista, CA 92012
The undersigned hereby agrees to all the terms and conditions of the
foregoing Irrevocable Commitment of Funds and releases the financial institution
executing said Irrevocable Commitment of Funds from all liability except as
therein specifically set forth.
Dated at Chula Vista 9th
, California this day of
October , 19 8/ .
APPROVED AS TO FOR
By
George H. Eiser. III - City Attorney
APPROVED AS TO SUFFICIENCY:
By
Director of Finance
By
By
(Subdivi. -r)
T. N. Brown, Jr.
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f3Ai /..4 VISTA .'4aP NO. 1618