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HomeMy WebLinkAboutCC RESO 14,995RESOLUTION NO. 14,995 RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT BETWEEN BONITA VALLEY PARTNERS AND 'II* CITY OF NATIONAL CITY FOR MONUMENTATION OF BONITA VALLEY SUBDIVISION 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 Bonita Valley Partners and the City of National City as it applies to the monumentation of the Bonita Valley Subdivision. PASSED and ADOPTED this 24th of June, 1986. Kile Morgan, ".yor ATIEST: Ion- Campbell, City Clerk APPROVED AS TO FORM: AL Geo ge H. iser, III -City Attorney SUDDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 24th day of June , 1986, by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and BONITA VALLEY PARTNERS , hereinafter called "Subdivider", WITNESSETH: WHEREAS, Subdivider is about to present to the Council of the City of National City, for approval and recorda- tion, a final subdivision map of a proposed subdivision to be knc,:m as BONITA VALLEY pursuant to the provisions of the Subdivision Map Act of the State of California, ana in compliance with the provisions of ordinances of the City of National City relating to the filing, approval and recordation of subdivision maps; and WHEREAS, the Code provides that before said map is finally approved by the Council of City, Subdivider must either have installed and completed all of the monumentation work re- quired by the Code to be installed in subdivisions before final maps of subdivision are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County, or as an alternative thereof, that Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the require- ments of the City of National City, agreeing at its own expense to ins .ail and c=ole e, free of liens, all of the monumentation work reuired in said subdivision :within a definite period of time pr_scrib_d by said Council; and r•' WHEREAS, Subdivider is willing, in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete at own expense, all the monumentation work required by City in connection with the proposed subdivision and will deliver to the City an improvement security as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions contained in Resolutions of the Planning Commission and City Council of the City of National City; and WHEREAS, it is necessary that certain monuments and 0 3.,_s as specified on the final map shall be installed within rrty days after completion of the required improvements and _••...r acceptance by City; and '::HEREAS, an estimate of the cost of installing said -onu'enpation according to said final map has been submitted to the City Engineer and has been approved by City, to which esti7.a:e of casts, ,T: thereof has been addedas required y ordinances of the City of National City for monumentation, which estimate is attach ed 'Hereto, :narked "Exhibit and made a part hereof; NOW, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLC'WS: That in consideration of :he approval and recordation the City i a the final .•a • Of sad subdivision, and/or by _ ,.,,ant ; ; _. valuableother. consideration, din per expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tenta- resolutions;.:o do and perrorm or cause to be done and tive rap performed at its own workm anlike m anner, Engineer of City, all expense, without cost to City, in a good and to the satisfaction and approval of the City of the monumentation work required to be done in and adjoining said subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the final map. It is expressly understood and agreed that all monuments shall be installed within 30 days after the completion and acceptance of any public inprovements required by the City and if there are no such required improvements, all monuments shall be installed within 30 days after recordation of the final map, or at the time public improvements are completed, but not later than 6/30/87. It is expressly understood and herein agreed to by subdivider that in the performance of said work, subdivider 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. Subdivider further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to City an approved improvement security in the sum of $4,400.00 to secure the installation of monuments, which security is attached hereto, marked "Exhibit B" and made a part hereof. It is further agreed that if the monumentation is not completed within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the monumentation within said subdivisiion in accordance with specifications contained herein, and that if that security is not sufficient to pay for the costs of the completion of monumentation that the subdivider, or the present owner(s) of the property will pay the difference or a lien will be placed upon the property. -3- 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 Subdivider, or its successors in interest pursuant to the terms of the improvement security. It is also agreed and understood by the parties to this acreement 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 ,e cay7ant of any sum or sums for the above -mentioned '::orK materials furni shed thereof. _t is understood and agreed that City shall not, Or any officer or employee thereof, be liable for any injury c person or property occasioned by reason of the acts or omissions of Subdivider, his agents or employees in the per- formance ofthis a� or,. , however, that the agreement; �„ided approved improvement security snail not be required to cover the previsions of this oaragrapn. 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 Subdivider has caused this agreement to be executed, as duly authorized, the day and year first herein above written. BONITA VALLEY PARTNERS / By Agent for Managing Partner Ii;?RO'rEENT COMPLETION DATE: Ii 1PROVE'•IENT SECURITY FOR Monuments: Form of: - THE CITY OF NATIONAL CITY TOM G. i cCABE CITY MA1CAGrR 1101/1.12/14:z---- City tngineer Amount: ,43¢ ¢00 0o I HERESY APPROVE the form and legality of the within agreement this day of -5 STATE OF CALIFORNIA .1 COUNTY OF t On in kno„nd fd n to said state. personally me to he appears. h that_ he the agent of executed the � the Partner; WITNESS me for and on hells me hand and cia1 seal. Signatur rLN me (Type, or Printed) before me, the undersigned, a Notary Public tP that execute '/���• d the within instrument 1f t ,aid partnership and that said partand packnowledged e no executed partnership executed the same. e CAL/FOR PfeiN MY Commis JANGtAlt OFFICE IN N(A Commission Expire September 1 p COUNTY igewwwweeirlle .".•kx 1987 (Tile area ter oMetal notarial seat) wAPJU Ab SEAL .�? NOIARr P�tJt1CK QUINN -scar,\/ED James A. Hutchison HAis-oC : ! IEnT- 466-01 June 3, 1986 Civil Engineers ISE3 U 11• 11: 19 8324 Allison Ave., La Mesa, CA 92041 (619) 697-0445 CITY OF NATIONAL CITY 1243 National Avenue National City, California 92050 Attention: Mr. John Pachon Subject: Bonita Valley TM S-2-85 Monumentation Bond Our fee for surveying the monuments required for subject tract is $4,000. Please use this figure in establishing the Ybnumentation Bond. JAH:dv Very truly yours, DES A. HUTCHISON & ASSOC. let ;des A. Hutchison :SCE: 12725 EXf//B/T '761 EXECUTED IN DUPLICATE t•Y1NUMT'ATION BOND BOND NO. 13 54 35 UHESEAS, The City Council of the City of National City, State of California, and BOUM VALLEY PARTNERS hereinafter designated as "Principal", have entered into an Agreement whereby Princirl agrees to install and complete certain mcnumentaticn, which said Agreement, dated , 19 , and identified as project: BIITA VALLEY TM (S-2-85), is hereby referred to and made a part hereof; and VEETREAS, said Principal is required under the terms of said Agreement to furnish security guaranteeing the payment of the cost of setting such monuments. - NOl7, 'FORE, WE the Principal and INSURANCE COMPANY OF THE NEST, as Surety, are held and firmly bound unto the City of National City, in the penal sum of FOUR THOUSAND FOUR HUNDRED & NO/100 ($4,400.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind our- selves, our heirs, successors, executors and administrators, jointly and severally, firmly by these present. Should the condition of this bond be fully performed, then this Obligation shall be null and void; otherwise it shall be and -remain in full force and effect. The Surety hereby stipulates and agrees that no change, exten- TATE OF CALIFORNIA COUNTY OF San Diego 1CW Cal 315 R(04/86) sS OFFICIAL AL Adelvin Mader Sievers 174. NOTARY PUBLIC CALIFORNIA . sF?• PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires November 20, 1989 On this 9th day of June , in the year 1986 before me, the undersigned Notary A. Public, c, in and Sour the State of California, personally Christineappeared personally known to me (or proven to me on the basis of satisfactory evidence) to be the person who executed the written instrument as Attorney - In -Fact on behalf of the Corporation therein named and acknowledged to me that the Corporation executed it. Given under my hand and the Notary Seal this 9thday of June A.D. 19 86 slion expires • Notary Public FXH/B/T_ "B~ * STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this 1 9 day of 19jd_rbefore me a Nota y Public in and for said State personally appeared Ted P. Odmark known to me to be the President, and known to me to be the Secretary of The Odmark Development Company the corporation that exec- uted the within instrument, and known to me to be the persons who executed the within instrument on behalf of said corporation said corporation being know to me to be one of the partners of Odmark Development Associates, who is the Managing Partner of Bonita Valley Partners the partnership that exec- uted the within instrument, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. .WITNESS my hand and official seal. Ae IL Sh&'.SJ'NY.'4.L•.Y OFFICtAL SEAL ;' WANDA K. QUiiNN PFWAPAL OFy.�t IN smiwimc ��� /A A )6 / My Commission Expires September OU y '' Signature 1/y f,�K « 0 S'KY••••.J1iL14'RY.Y.Y.i`••.�,r Wanda -R: - Quinn Seal 'Name ( typed or printed ) INSURANCE COMPANY OF THE WEST HOME OFFICE: SAN DIEGO, CALIFORNIA Certified Copy of POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Insurance Company of the West, a Corporation duly authorized and existing under the laws of the State of California and having its principal office in the City of San Diego, California, does hereby nominate, constitute and appoint: CHRISTINE A. PATERSON its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obligations in the nature thereof. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Insurance Company of the West at a meeting duly called and held on the Sixth day of February, 1973, which said Resolution has not been amended or rescinded and of which the following is a true, full, and complete copy: "RESOLVED: That the President or Secretary may from time to time appoint Attorneys -in -Fact to represent and act for and on behalf of the Company, and either the President or Secretary, the Board of Directors or Executive Committee may at any time remove such Attorneys -in -Fact and revoke the Power of Attorney given him or her; and be it further "RESOLVED: That the Attorney -in -fact may be given full power to execute for and in the name of and on behalf of the Company any and all bonds and undertakings as the business of the Company may require, and any such bonds or undertakings executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary." IN WITNESS WHEREOF, Insurance Company of the WYest hasF caused MARCH itsofficialseal to be hereunto affixed and these presents to be signed by its duly authorized officers this INSURANCE COMPN'JY OF THE WEST President ATE OF CALIFORNIA ;COUNTY OF SAN DIEGO On n thislOTH DAY OF MARCH 1986before the subscriber. a Notary Public of the State of California, in and for the County of San Diego, duly commissioned and qualified, came ERNEST RADY, President of INSURANCE COMPANY OF THE WEST, :to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn, deposeth and saith, that he is the said officer of the Corporation foresaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said Corporate Seal and his signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year firbove written. 1AfitSb'SIlAr �`a `z✓`ritZi V.A.p. APA,tc`d ;. CFFICIAL SEAL S ,,-4,-.- . fr.:ln�_ d r e ::.:� i f';.°iL:�-:n:ir'02hLli �, f Pnnoeel Moe Ll S :l DO;o County M1; itvrmics Exp. Jan. 8. 1!88 ILPAISlSie"d>INW.02,F e4,f.A. eSI'c`YIcAs' IViRfi.ti :STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: SS: 1. the undersigned, Richard 5. King, Secretary of the Insurance Company of the West, do hereby certify that the original POWER OF ATTORNEY, of which the foregoing is a full, true and correct copy, is in full force and effect, and has not been revoked. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the Corporate Seal of the Corporation, this 9th day of June 19 86 . 1CW CAL 37 (REV. 5/82)