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HomeMy WebLinkAboutCC RESO 14,996RESOLUTION NO. 14,996 RESOLUTION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN BONITA VALLEY PARTNERS AND THE CITY OF NATIONAL CITY FOR CONSTRUCTION OF A SEWER 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 Agreement between Bonita Valley Partners and the City of National City as it applies to the construction of a larger capacity sewer at Sweetwater Road from Stockman Street to the west, approximately a distance of 488 feet. PASSED and ADOPTED this 24th of June, 1986. ATTEST: Ion Campbell, City erk APPROVED AS TO FORM: Geor a H. Eiser, III -City Attorney �1. AGREEMENT (11 OD THIS AGREEMENT is made by THE CITY OF NATIONAL CITY, :a municipal corporation, herein called "City" and BONITA VALLEY PARTNERS, a general partnership whose mailing address is 1747 Hancock Street, Suite B, San Diego, California 92101, herein called "Developer". RECITALS W HEREAS City has indicated the need for a larger capacity sewer at Sweetwater Road from Stockman Street to the west, approximately a distance of 488 feet. The City finds that the public interest is served by the design and construction of the sewer line at this time; and WHEREAS Developer has applied for an obtained approval of a tentative map (S-2-85), Planned Unit Development (PUD-1-85) and Specific Plan SP-1-85) for certain property known as Bonita Valley, and is in the process of developing its property pursuant said Tentative Map, PUD and Specific Plan; and WHEREAS Developer is willing to design and construct the referenced sewer line in conjunction with the overall development of its property under Tentative Map 5-2-85 and Planned Unit Development PUD-1-85 provided it is reimbursed for 70% of the cost thereof by the City of National City by June 30, 1987. This estimated cost is 0.70 x 17,000=$11,900.00. NOW THEREFORE in consideration of the Recitals and the mutual obligations of the parties as herein expressed, City and Developer agree as follows: 1. Developer will complete the design and construction of a sewer main at Sweetwater Road from Stockman Street to the West, approximately a distance of 488 feet pursuant to improvement plans as approved by the City Engineer. 2. The Developer shall complete said construction by June 30, 1987. Said construction shall be in accordance with the City specifications relating to such work and to the satisfaction of the City Engineer. 3. Upon completion of the work and acceptance thereof by the City Engineer, the City shall reimburse the Developer for 70% of the full sewer main cost, including design and administration costs as approved by the City Engineer. Payment to the Developer shall be made by the City, as provided herein, by July 31, 1987. Interest on any unpaid balance shall accrue at the rate of 8% per annum from completion until payment by the City. 4. Subject to the provisions of paragraph 6, Developer shall indemnify and save City free and harmless of and from all claims, demands, losses and liability, including legal fees, to the extent the same is the result of an error, omission or negligent act hereunder of developer, or any person employed by Developer in constructing the subject sewer main. -2 5. In the event that suit is brought upon this contract by City to enforce the terms hereof, City shall be entitle to a reasonable sum for attorneys' fees. 6. Notwithstanding any other provision hereof to the contrary, Developer's obligations hereunder shall cease and terminate upon City's acceptance of the sewer main improvements to be constructed hereunder. IN WITNESS WHEREOF, this agreement is executed by the City of National City, acting by and through its City Engineer, pursuant to Resolution No. authorizing such execution and by Developer. Date this 24th day of CITY OF NA IONAL CITY A Munieipa Corpor ; ion June , 1986. BONITA VALLEY PARTNERS B y: ce Ted P. Odmark, President James A. Hutchison ;&,Assoc. Civil Engineers ,V,7 3T1 8324 Allison Ave., La Mesa, CA 92041 • (619) 697-0445 June 5, 1986 CI i OF NATIONAL CITY 1243 National Avenue National City, California 92050 Attention: Mr. John Pachon JN: 466 Subject: BONITA VALLEY SUBDIVISION TM S-2-85 0ffsite Sewer The estimated cost of the proposed 10-inch sewer in or near Sweetwater Road east of Stockmon is $17,000. The Bonita Valley Subdivision projected shore of flow in that pipe is 29.5% or say 30 percent. It is our understanding that the developer, Bonita Valley Partners, will install the sewer and be reimbursed for the remain- ing amount during the fiscal year ending June 30, 1987. JAH:dv Very truly yours, JAMS A. HUTCHISON & ASSOC. (,lames A. Hutchison President -¢- GKM A o5 -f—=w• CPG1. 1 ��• 8 V e" CAGLE 8 -)I U z 1620 --- m ro\o�N M •�) (0 8" 1713I 4. 1.17I2 `` \'. \.\ 1\B-- m: 0 /709 8" /7/ '% 'LQ 1894, r1893 ✓` \r vp 111896. i; .14 1895� 81, • .�87 1870 NATIONA=01Ty 17a,1g19 0 w J J 0 ROAD c o►oa 7 02 '�.' 1 • �'S \9T\ pRopoSED /0 // sEW4E • 8„ `. • (3 }I727 8' 729 730 8731 . m 2▪ 6 MENARD ST. .r e e 707 ram, ti `cST. 725 723 ti i, e J V 0 J w4:24 J �� 1ti�N8 UNINC. PLA[ 1- 1 (Agent of Partnership) W rc W W a. a a Ito STATE OF CALIFORNIA COUNTY OF t�2/Jn 7Q On ,jl�k 2. w1 JyJ l' before me. the ytndersigned, a Notary Public per_ in and or said state, personally appeare known to me to be the agent of the partnership that executed the within instrument and acknowledged to me that_ he_ executed the same for and on behalf of said partnership and that said partnership executed the same. WITNESS my hand and official seal. Signature/J / lrlYu-t^— Name (Ty ed or Printed) ~OFFICIAL S A~ w WANDA K. QW .IN NOTARY PUBLIC CALIF./AMA tt� PRINCIPAL OFFICE IN r SAN DECO COUNTY My Commission Expires September 10, 1987 (This area for official notarial seal) ^,fE OP CALIFORNIA) ss )UMTY OF SAN DIEGO) 19 BEFORE lTIIIS DAY OF E, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID RUNTY AND STATE, PERSONALLY APPEARED KNOWN TO ME. AND O BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE ITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY .XECUTED THE SAME. D AND WITNESS NOTAROIAL SEAL, THERDAYTASET AND YEAR INf1THIS :ERTIFICATE FIRST ABOVE 'WRITTEN. MY COMMISSION EXPIRES: BY NOTARY P INAND FOR D AND SAID Developer THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER BY CITY ENGINEER ESTIMATED COMPLETION DATE: IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Improvement Agr er Cash: Trust & Agency $ Form of: Amount: 0 �-a�,. 0t2 Receipt No. 2. Labor and Material for Improvement Agreement. Form of: Cash: Trust & Agency $ Receipt No. jr Amount: 2 8t 5 40 -6- EXECUTED IN DUPLICATE Bond No. 13 54 33 SURETY TO SECURE FAITHFUL PERFORMANCE OF IMPROVEMENT AGREEMENT Whereas, the City Council of the City of National City, State of California, and N T7 VAT.T +„ n1i1 TRS (hereinafter designated as "principal") have en tered into an agreement ;hereby principal agrees to install and complete certain designated public improvements, which said agreement, dated _ and identified as project BOMA VALLEY TM (S-2-85) is hereby referred to an:; maae a part hereon; 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 Tv u RID mFrT ANn T�xinon dollars ($ 5,630 00 ° 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 oblications 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 DUNE 9 , 19 86 . INSURANCE CCYKPANY OF THE TESTA_: By: Surety 'Christine A. Paterson, Attorney -In -Fact STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) SS -.ON THIS /69 DAY OF �CUi� . 19 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED 12t (.d%%Yi/u/2 AND K„0U 4 TO ME TO BE -HE PERSONS '.'THOSE NAMES ARE SUBSCRIEED TO THE WITHIN INSTRU" ENT, AND ACKNOWLEDGED TO THAT THEY EXECUTED THE SAME. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY.AND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS CERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: OFFICIAL SEAL �71(LC'2--, /"' l �1'1 WANDA K. QU!NN NOTARY PUBLIC • CALIFORNIA Cj� ��_„�.`j PRINCIPAL OFFICE iN r Ai...— • ` , SAN DIEGO COUNTY fi01-A170' PIiELIC . Ili ?iilu FOR My Commission Expires September 10, 1937 SAID COUNTY AND STATE Y.W.Yi .'.r: eYAWAI'L'erngSY.S STATE OF CALIFORNIA ss COUNTY OF San Diego On this 9th day of June , in the year 1986 before me, the undersigned Notpry Public, in and for the State of California, personally appeared Christine A. Paterson ICW Cal 315 R(04/86). 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 9th day of June A.D. 19 86 OFFICIA SEAL Adelvin Mader Sievers NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Commission Expires November 20, 1989 expires 2'lCt. tom✓ . , Notary Puolic 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 West has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 10TH DAY OF MARCH 1986 INSURANCE COMP Y OF THE WEST President STATE OF CALIFORNIA SS: COUNTY OF SAN DIEGO On 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 . aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of the said Corporation, and that the said 's 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, 1 have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year first above written. OFFICIAL SEAL 4 f/! e NORMA PORTER Y:•� tj''4.5 f: iARY P 9i!L• nLiFQ?fill s Y.> Prindoel Oft= in S:n Dc,73 Card/ ` �•- My iammissica Exp. lap. 8, 1988 rLP�•.'>fir�A.Sty}N�'P.r:=e3r+.,'4:�sir'Y'diRrSn�lfn STATE OF CALIFORNIA COUNTY OF SAN DIEGO SS: Notary Public 1, the undersigned, Richard S. 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 1986 . ICW CAL 37 (REV. 5/82)