HomeMy WebLinkAboutCC RESO 15,350RESOLUTION NO. 15,350
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING Tub CITY MANAGER ID EXECUTE AN IMPROVEMENT AGREEMENT
FOR MDNUMENTATION WITH J.J. McDONNELL
WHEREAS, J.J. McDonnell, Developer, is processing a final parcel
map to subdivide his parcel into two parcels; and
WHEREAS, a requirement of the processing of said parcel map is
that J.J. McDonnell enter into an agreement with the City of National City
for the monumentation of new parcels, and provide an improvement security
for the installation of said monumentation; and
WHEREAS, J.J. McDonnell has executed said agreement and furnished
the required improvement security, and it is now appropriate for the
agreement to be signed by the City Manager on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby
authorized to execute on behalf of the City an Improvement Agreement for
Monumentation.
PASSED and ADOPTED this 7th day of July, 1987.
George H. Waters, Mayor
ATTEST:
Ion Campbell, City Cle
APPROVED AS TO FORM:
George H. riser, III - City Attorney
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this
day of fi/ , 19,7 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
JOHN J. McDONNELL , 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,.;:Lmeloper is Aid l l ng . ,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 Drawing i No. 62 3 6-,a
and have been filed of record in the
office of the City Clerk on . 7� /97 , 19 g7 ,
o. L//S -/()- vJ 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 la and Adjoining said Bap.>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 June 30, 1988
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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
$26,105.00 (Performance)
improvement security in the sum of 13,052.50 (Payment)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 terns .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 an behalf .of City..sha11. 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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Amounts
STATE OF CALIFORNIA) ss
COUNTY OF SAN DIEGO)
ON THIS 27 DAY OF IfyA , 19 $7 BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED
MC. AiratLL AND KNOWN TO ME
TO BE THE PERSON$ 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.
BY
MY COMMISSION EXPIRES:
/ 4- - //- f 7
7 ....--
NOTARY PUBLIC IN AND FOR
SAID COUNTY AND STATE
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
_-
OFFICIAL SEAL
C L BARNETT
NOTARY PUBLIC - CALIFORNIA
DIEGO CC1f7TY
roi:^s D'r ;1 1987
ESTIMATED COMPLETION DATE: t%rU/!B /9BB
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful
Form of: krevoc&6/ Le/1'er al
Comtni ine,,/ o/ Fond .
4124 /OS"
Performance of Improvement Agreement.
C-
4o .
2. Labor and Material for Improvement Agreement.
Form of:/ppeyoca6/e Le//ref +*-
co arp,o7e.inenf o/'o bna"s.
Amount: si/a v32..Se
APPROVED AS TO FORM
George H. Eiser, III
City Attorney
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Wit_ a jf.f. 7-
t P ERganuC aa
JCORPORATED
47 HIGHLAND AVE., SUITE 3 • NATIONAL CITY, CA 92050
May 12, 1987
Mr. John J. McDonnell
2424 "J" Avenue
National City, CA 92050
(c/iU4L)
• TEL (619) 474-2166
COST ESTIMATE
(For Bond Purposes Only)
Item No. Description Quantity Unit price Amount
1. Earthwork 321 Cu.Yd. $ 5.00 $ 1,605.00
2. Driveway 140 S.F. 4.00 560.00
3. 4" P.C.C. Pavement 1,680 S.F. 2.50 4,200.00
4. 6" A.C. Berm,G-5 80 L.F. 7.20 576.00
5. Grated Inlet System 2 ea. ' 550.00 1,100.00
6. Retaining Wall 797 S.F. 16.50 13,150.00
7. Sidewalk 515 S.F. 2.70 1,391.00
8. Removal of exist.shed 1 ea. 250.00 250.-60
9. Monumentation ,6 ma- 15D DD B.00..00
TOTAL $23,732.00
10% 2,373.00.
GRANO TOTAL $26,105.00
Prepared By:
RO
0 F. PUERTOLLANO
RCE 27246
EXY/8/r 1B
' P.1116:. .410. 1986-3-NC
DET "A
firs
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R=52'
o= 30°CM'00" I
L=27.23' /
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DR4 ///A6E EAf6MENT
r- oiGATED NE/760N(DET ';I')
130.22
JZ R=52'
d = 89 °14'28"
L = 80.99'
N7/ °00 48"E
PARCEL 1
AREA=0./28/ ACHE
78.00'
FOUND 3/4 IRON
P/PE /Y/Ty TACKe' D/SC
STAMPED L S 4307
(NO RECORD)
_1 • 2 "d S1:
J:III 24"1
,'
I
I
101 SPIT .r-
V C/ NI TY MAP
(No ScAL F
ST.
L
C
zio
Z63, 6.7N704('31 "E
133.45
PARCEL e
AREA .= 0.1961 ACRE
N 70'46 3/ "E
133.45'
01145'
FOUND 44 "/RON P/PE
W/TH TACK e O/sC
STAMPED L S 4307
(NO RECORD)
r
34.00'
Subdivisions
IRREVOCABLE COMMITMENT OF FUNDS
FOR
FAITHFUL PERFORMANCE
FOR
P..4./. No. /78G-3-Nc
(Name of Subdivision)
The undersigned, SA,., O, eGo Onka. t by ( j() .T U,.s r. pyv
(Name bf 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 $.1k,i,/0 S are credited to the loan commitment account of
%Nn) S. Mt cyvorot _L 1
(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 ' hi , , 19 $7 , for
(Name of Subdivision)
executed by and between said aTr43.4 Mr_.L.ita1 1
(Name of Subdivider)
, and the City of uafu,+.l (•1i, a municipal
corporation, and in addition, costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City of Abhi.t(ity in enforcing the terms
and conditions of said agreement.
The undersigned agrees that said funds are trust funds on deposit and
gtraranteed .f03.payment'=and that :upon -receipt -of written demand, -signed by the
City fAymerr of the City of Ncha,,,((dy , 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 L,Jaf„w(dr to be used for the purpose set forth
above.
- The undersigned further agrees that it shall hold said funds to the
credit of the loan commitment account of
3ot110,.1 S• MtiJONwbL(1 , for the uses and purposes
(Name of Subdivider)
herein set forth, until such time as it receives written notice signed by the
City Entrineer of the City of 1Uotnw1(d, authorizing the release of said funds.
By execution and delivery of this Irrevocable Commitment of Funds to the
City of ioim,d O( the undersigned financial institution is relieved of any and all
liability to said .T�t►.., WI&Oo,.+4z_t1
(Name of Subdivider)
except as herein specifically set forth.
£kW/B/T "C "
Dated at
June
Chula Vista
(SEAL)
, 19 87.
, California, this 1st day of
San Diego County Credit Union- Ch1,1a vista
(Name of Bank - Branch Number)
Title Assistant Branch Manager
Address to which notices to Bank
should be sent:
315 4th Ave, Snire A
Chula Vista Calif 92010
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 s/j/,e7
State of California
County of
San Diego
1987
, California, this
} SS.
OFFICIAL AI IS
C L BARNETT
j _a•-j NOTARY PUBLIC - CALIFORNIA
S'!N DIEGO CCUNTY
My ccr.:m. expires D"C 27. IES,
.75 �:.;h A;el'.IP. =A. cl„ui., Vis` C4
GENERAL ACKNOWLEDGMENT FORM 7110052
/:5 day of
-On this the 1st day of .Tnne
C L Barnett
19 87, before me,
the undersigned Notary Public, personally appeared
** John Mc Donnell
❑ personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is
within instrument, and acknowledged that
WITNESS my hand and official seal.
he
subscribed to the
executed it.
otary's Signature
C L Barnett
—2—
Dated at
June
Chula Vista
(SEAL)
, 19 87.
, California, this
1st day of
San Diego County Credit Union- Chula Viara
(Name of Bank - Branch Number)
By G�
Title Assistant Branch Manager
Address to which notices to Bank
should be sent:
315 4th Ave, s,,; tP A
Chula Vista Calif 92010
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
a/>/ef7
1987•
APPROVED AS TO SUFFICIENCY:
By
Direct of Finance
APPRO ED AS TO F
George H. Eiser, III
City Attorney
or
, California, this /— day of
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Subdivisions
IRREVOCABLE COMMITMENT OF FUNDS
FOR
PAYMENT OF LABOR AND MATERIALS
FOR
PM. No. /98 -3- NC
(Name of Subdivision)
The undersigned, Signl O,77-1-G-C CnV,, 4 CRi o.T (1nit0n]
(Nanle 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 $ 1.3, OSa • SO are credited to the loan commitment account of
4Toe4.4 cr. nit 00,,..`1,41 a , as required by
(Name of Subdivider)
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 Wiz ,.- 27 , 19 57 , for
, executed by and between said
(Name of Subdivision)
(Name of Subdivider)
corporation, and in addition, costs and
reasonable attorney's fees, incurred in
, and the City of Wall 6(., a municipal
reasonable expenses and fees, including
enforcing such obligations.
The undersigned agrees that said funds are trust funds on deposits and
guaranteed for payment:. and:.rhat .it AwaiiLfunds tv therrreddt of -the
loan commitment account of oTertN S Ma 0000AIL0 J
(Name of Subdivider)
for the uses and purposes herein set forth, until such time as it receives written
notice signed by the City Etn0t eer of the City of YUatiou46(1 authorizing the release
of said funds.
By execution and delivery of this Irrevocable Commitment of Funds to the
City of Ahad (.(fir the undersigned financial institution is relieved of any and all
liability to said c8n2t OONNtsll
(Name of Subdivider)
except as herein specifically set forth.
EXH/B/T "E "
•
0
1
1
11
Vlfl!-r✓l./!!l././.lJ.flJlllll,/,/�1Jllrl./l!./IIII.l1lJ.11l./IIlJ!IJ1./YIJlll./l./I.rJlJ�I.111t./lll./l./Y./!././YJlJll.J
Dated at Chula Vista
June , 19 87.
, California, this 1sr day of
San Diego County Credit Union chola Viara
(.Name of Bank - Branch Number)
By�
(SEAL) Title Assistant tianrb Mang
Address to which notices to Bank
should be sent:
315 4th Ave Suite A
Chula Vista Calif 42010
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 pv ei /Er7 , California, this / 5= day of
, 19 jr-7 .
cuu..sti
� - - .l././'.IlJJl111l�l!./!JJ1,/...-/Iffl�/ll./_�.//� 1.l-/././Il1Jt./✓J./!././-/-/./1!./././ff,/.11-1111./-/-/�1-/l��-/llll,-_,c, �l4,
iState of California On this the lstday of June
County of San Diego }19 87, before me,
SS.
0
County of San Diego ) C L Barnett
the undersigned Notary Public, personally appeared 0
0
fl personally known to me 0
EX proved to me on the basis of satisfactory evidence
�L to be the person(s) whose name(s) /5 subscribed to the
C L EF.c.?,TT 0
co FUEL is - CALIFORNIA within instrument, and acknowledged that /-fG executed it. 0
_i Di Go oC!!N1Y WITNESS my hand and official seal. 0
=C 11, 1,W
CA / Cam` � 0
Notary's Signature C L Barnett 0
** John McDonnell ***
GENERAL ACKNOWLEDGMENT FORM 7110052
—2—
•
•
•
(SEAL)
Dated at
June
Chula Vista
, 19 87.
, California, this lqi- day of
San Diego County Credit Union Chula Vista
(Name of Bank - Branch Number)
By
Title Assistant Btranrh Managar
Address to which notices to Bank
should be sent:
315 4th Ave Suite A
Chula Vita Calif 42010
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 D6/ Di /AP7 , California, this / S= day of
ccio.oe. , 192.7
APPROVED AS TO �UFFIC ENCY :
APPR
V!D A9 TO F M
lic
George H. Eiser, III
City Attorney
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