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HomeMy WebLinkAboutCC RESO 15,268RESOLUTION NO. 15,268 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN J.Q. AND J.D. WIRTZ DEVELOPERS 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 J.Q. and J.D. Wirtz Developers of subdivision titled National City Tract No. S-1-85 and the City of National City as it applies to the property located within the west of Grove Street from 14th to 16th Street. PASSED and ADOPTED this 14th day of April, 1987. GEORGE H. WATERS, MAYOR ATTEST: O c]E CAMPBELL, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY day of IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL THIS AGREEMENT, made and entered into this, , 19 C% , by pnd between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and 1 'Developer", ' to er", WITNESSETH:� , hereinafter 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 b the City Attorney; and WHEREAS, Complete Plans and Specifications for the construction, installation and completion of said public improvement work have been prepared, -1- k and approved by the City Engineer, as shown on Drawings No. E242-D. 6243-D 6244-D 6245-D. 6246-n, 6747-rt 6248-D and have been filed of record in the office of the City Clerk on , 19 Document No. a copy of whigh_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 January 30. 1968 -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 $113,99 2.00 which security $ $ 56 Fem. 00 (4'6or #441Serr7/) 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- ) 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- ATE OF CALIFORNIA) uNTY OF SAN DIEGO) ss THIS J DAY OF THE UNDERSIGNED, A NO1.RY PUBLIC IN AND FOR SAID AUNTY AND STATE, PERSONALLY PPEARED r ) \ •1h AND �1��„ �, "C'S t, KNOWN TO ME I BE THE PERSONS OSE NAMES ARE 'UBS RIBED TO THE THIN INSTRUMENT, AND ACKNOWLEDGE TO ME THAT THEY .ECUTED THE SAME. I WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND "FIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS RTIFICATE FIRST ABOVE WRITTEN. OFFICIAL SEAL J.E. VAN DEVENTER NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My Comm. Expires Oct. 14, 19 BY • ), 19$? BEFORE MY COMMISSION EXPIRES: OT`RY PUBLIC IN AND "'FUR ID COUNTY AND STATE er THE CITY OF NATIONAL CITY TOM G. McC,ABE CITY MANAGER CITY MA GER ESTIMATED COMPLETION DATE: 94/z ity IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Improvement Agreement. Cash: Form of: /rreyorv6/e Le/,de ef C/edeXTrust & Amount: $//.3, 992 °�� Agency $ tV.4 Receipt No. N/ 2. Labor and Material for Improvement Agreement. Form of: /rttYDC,E✓CZE"Wer OfCreka Cash: Trust & Agency $ Amount: lr''% 976 Zr, Receipt No. -6- SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMEt Whereas, the City Council of the City of National City, State of California, and (hereinafter designated as "principal") have en tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated , 19_, and identified as project 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 dollars ($ ), 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 , 19 By: Principal By: Surety STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF , 19 BEFORE ME, THE UNDERSIGNED, A.NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED 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 1•WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE SAN D/EGO NAT/ONAL BANK IRREVOCABLE LETTER OF CREDIT DATE: March 31, 1987 TO: City of National City 1243 National City Blvd. National City, California 92050 1420 Kettner Boulevard, Suite 101 Post Office Box 12605 San Diego, California 92112-3605 (619) 231-4989 Letter of Credit No. Amount Expiration Date 1232 $56,996.00 March 31, 1988 We hereby establish our irrevocable letter of credit in your favor for the account of: John Q. Wirtz John D. Wirtz available by your drafts drawn at SIGHT on San Diego National Bank for any sum or sums not exceeding a total of * * * *USD FIFTY SIX THOUSAND NINE HUNDRED NINETY SIX AND NO/OOTHS* as more specifically outlined below: Purpose: For the improvements shown in City of National City Drawings No 6242-D, 6243-D, 6244-D, 6245-D, 6246-D, 6247-D and 6248-D,as itemized in cost estimate (See Exhibit °A", sheets 1 & 2) Documents Required: Beneficiary's signed statement on their letterhead stating that improvements located at Tract No. S-1-85 Grove Street Subdivision, National City, California 92050 have failed to meet the standards required of that certain building permit. Special Instructions: This Letter of Credit shall remain valid for a period of at least one (1) year from the date of issue, or any extended date, it being a condition of this Irrevocable Letter of Credit that it shall be automatically extended for additional periods of one year from the present or any future expiration date unless sixty days prior to such date, we notify the City of National City in writing, by registered mail at City's address, that we elect not to renew this Letter of Credit for such additional period. Upon receipt of such notice by City, City may draw on us hereunder by means of a Sight Draft for the full amount remaining on this Letter of Credit, accompanied by a written certified statement that the proceeds will be applied to the amount due from the Purchaser to the City of National City. EX1W /T B" Letter of Credit # 1232 City of National City March 31, 1987 Special Instructions (continued): All drafts under this letter of credit must be marked "Drawn under letter of credit of San Diego National Bank No. 1232 dated March 31, 1987. This letter of credit is non -transferable. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revisions), International Chamber of Commerce Publication No. 400. rely, Pamela A. Mc Mahon Assistant Vice President PAM:seb SAN D/EGO NATIONAL BANK IRREVOCABLE LETTER OF CREDIT DATE: March 31, 1987 TO: City of National City 1243 National City Blvd. National City, California 92050 1420Kellner Boulevard, Suite 101 Post Office Box 12605 San Diego, Califomia 92112-3605 (619) 231-4989 Letter of Credit No. Amount Expiration Date 1231 $113,992.00 March 31, 1988 We hereby establish our irrevocable letter of credit in your favor for the account of: John Q. Wirtz John D. Wirtz available by your drafts drawn at SIGHT on San Diego National Bank for any sum or sums not exceeding a total of * * * *USD ONE HUNDRED THIRTEEN THOUSAND NINE HUNDRED NINETY TWO AND NO/100THS* as more specifically outlined below: Purpose: For the improvements shown in City of National City Drawings No 6242-D, 6243-D, 6244-D, 6245-D 6246-D, 6247-D and 6248-D,as itemized in cost estimate (See Exhibit "A", sheets 1 & 2) Documents Required: Beneficiary's signed statement on their letterhead stating that improvements located at Tract No. S-1-85 Grove Street Subdivision, National City, California 92050 have failed to meet the standards required of that certain building permit. Special Instructions: This Letter of Credit shall remain valid for a period of at least one (1) year from the date of issue, or any extended date, it being a condition of this Irrevocable Letter of Credit that it shall be automatically extended for additional periods of one year from the present or any future expiration date unless sixty days prior to such date, we notify the City of National City in writing, by registered mail at City's address, that we elect not to renew this Letter of Credit for such additional period. Upon receipt of such notice by City, City may draw on us hereunder by means of a Sight Draft for the full amount remaining on this Letter of Credit, accompanied by a written certified statement that the proceeds will be applied to the amount due from the Purchaser to the City of National City. swi/B/r " Letter of Credit # 1231 City of National City March 31, 1987 Special Instructions (continued): All drafts under this letter of credit must be marked "Drawn under letter of credit of San Diego National Bank No. 1231 dated March 31, 1987. This letter of credit is non -transferable. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1983 Revisions), International Chamber of Commerce Publication No. 400. Si rely, amela A. Mc Mahon Assistant vice President PAM:seb K RIv1412772 N70°¢/30"E 6S91o' (N7/ °S8'¢D PER PM /2772) gip. /" /,eat' P/PE" R//T// p/s,r J7 4MPED " o/v OF iIiiv f " P ' MAP 8¢ 2, PAI•• ¢348., /2772, M.S. 773 ANO .e. 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SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and (hereinafter designated as "principal") have en- tered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated , 19 , and identified as project is hereby referred to and made a part hereof; and Whereas, Under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of National City to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of.Part 4 of Division 3 of the Civil Code of the State of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of National City, and all contractors, subcontractors, laborers, material -men and other persons employed in the performance of the afore- said agreement and referred to in the aforesaid Code of Civil Procedure in the sum of - dollars ($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety. will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable at- torney's fees, incurred by county (or city) in successfully enforcing such obliga- tion, to be awarded and fixed by the court, and to be taxed as costs and to be in- cluded in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the be- nefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be an remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, altera- tion or addition to the terms of said agreement or the specifications accompanying the same shall in any manner effect its obligations on this bond, and it does here- by waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been duly executed by the principal and surety above named, on , 19 _. By: Principal By: Surety STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF , 19 BEFORE ME. THE UNDERSIGNED. A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. PERSONALLY APPEARED AND KNOWN TO ;E 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. MY COMMISSION EXPIRES: NOTARY PUBLIC I.'1 I.NU hOR SAID COUNTY AND STATE r-� GROVE STREET BETWEEN 14TH STREET AND 16TH STREET (IMPROVEMENT PLANS) DATE: September 17, 1986 PROJECT: 86.125 SUBJECT: Bond Estimate UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1. P.C.C. Sidewalk 1,640 S.F. $ 2.70 $ 4,428.00 2. P.C.C. Driveway 2,000 S.F. 2.85 5,700.00 3. P.C.C. Curb and Gutter 408 L.F. 11.00 4,488.00 4.-A.C. Paving with Rase 1,224 S.F. 2.42 2,962.00 5. A.C. Overlay 2,400 S.F. .72 1,728.00 6. Sewer Lateral 5 Each 1,240.00 6,200.00 7. Water Service 5 Each * 8. Retaining Wall 18 S.F. 16.50 297.00 9. Inlet Modification — L.S. 2,500.00 10.Berm Removal 408 L.F. 1.00 408.00 11.Dirt Removal 38 C.Y. 7.50 285.00 SUBTOTAL $ 28, 996.00 CONTINGENCIES 2,899.00 '1viAL $ 31,896.00 * NOTE: W nr R SttVICE IMPROVEMENTS COVERED BY BOND WITH SWEETWATER AUTHORITY. E.Idd V/B/T '�E GROVE STREET BETWEEN 14TH STREET AND 16TH STREET (GRADING PLANS) DATE: September 17, 1986 PROJECT: 86.125 SUBJECT: Bond Estimate UNIT ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL 1. Retaining Wall 3,758 S.F. $ 16.50 $ 62,007.00 2. Sidewalk Underdrain 5 Each 280.00 1,400.00 3. Brow Ditch 70 L.F. 11.00 770.00 4. Private Inlet 1 Each 260.00 260.00 5. Excavation 700 C.Y. Included 6. Embankment 100 C.Y. 3.00 300.00 7. Export 600 C.Y. 7.50 4,500.00 8. Site Monumentation — L.S. — 253.00 9. 3" P.V.C. 52 L.F. 22.00 1,144.00 10.Curb Outlet (D-25) 2 Each 2,000.00 4,000.00 SUBTOTAL CONTINGENCIES TOTAL GRAND TOTAL (STREET AND ON -SITE IMPROVEMENTS) $ 74,634.00 7,463.00 $ 82,097.00 $ 113,993.00