HomeMy WebLinkAboutCC RESO 14,997RESOLUTION NO. 14,999
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 TRAFFIC SIGNAL AT THE INTERSECTION
OF HIGHWAY 54 AND VALLEY ROAD
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 traffic signal at the
intersection of Highway 54 and Valley Road.
PASSED and ADOPTED this 24th of June, 1986.
ATTEST:
Ion- Campbell, City v erk
APPROVED AS TO FORM:
Geor a H. iser, III -City Attorney
AGREEMENT
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
WHEREAS City has indicated the need for a traffic signal at the intersection of
Valley Road and State Route 54. The City finds that the public interest is served by
the design and construction of the traffic signal 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
ursuant said Tentative Map, PUD and Specific Plan; and
WHEREAS Developer is willing to design and construct the referenced traffic
signal in conjunction with the overall development of its property under Tentative
Map S-2-85 and Planned Unit Development PUD-1-85 provided it is reimbursed for
50% of the cost thereof by the City of National City by July 31, 1987.
-/
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 traffic signal and
safety lighting facility at the intersection of Valley Road and SR 54,
pursuant to improvement plans as approved by the City Engineer.
2. The Developer, shall complete said construction prior to June 30, 1987. Said
construction shall be in accordance with the City specification 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 50% of the full signal and safety
lighting cost, including design and administration costs as approved by the
City. 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 traffic signal.
5. 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 for attorney's fees.
6. Notwithstanding any other provision hereof to the contrary, Developer's
obligations hereunder shall cease and terminate upon City's acceptance of
the traffic signal 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 ato Resolution No.
authorzing such execution and by Developer.
.3
ATE OF CALIFORNIA) ss
;UNrY OF SAN DIEGO)
1 THIS DAY OF . 19 BEFORE
:, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
)UNTY AND STATE, PERSONALLY APPEARED
AKNOWN TO HE
BE THE PERSONDS WHOSE NAMES ARE SUBSCRIBED TO THE
ITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY
XECUTED THE SAME.
N WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
FFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
ERTIFICATE FIRST ABOVE WRITTEN.
MY COMMISSION EXPIRES:
BY
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
NO
TARY P : C IN AND FOR ���O�U�
SAID C��NTY ' D STATE
BY
OP
Developer
ESTIMATED COMPLETION DATE:
CITY ENGINEER
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful Performance of Improvement Agreement.
Cash:
Form of: Trust & Agency $
Amount: 4.414250.00 Receipt No.
2. Labor and Material for Improvement Agreement.
Form of: Cash:
Trust & Agency $
Amount: 45.247i4;25.OD Receipt No.
-5—
TO 445 C
(Agent of Partnership)
STATE OF CALIFORNIA
} SS.
COUNTY OF
On ¢ It' / l c:r6 , before me, the undersigned, a Notary Public
in and for said state, personally appeared � P. 6.),z)m.4 �K
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.
Signatu
.` )/3 A-- c�iic /ti
Name (Typed or Printed)
M1ti9r4PL'AY
OFFICIAL SEAL
WANDA K. QUIT,N
NOTARY PUBLIC CALIrURNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires September 10, 1 037
(This area for official notarial real)
James A. Hutchison & Assoc.
Civil Engineers
8324 Allison Ave., La Mesa. CA 92041
(619) 697-0445
June 6, 1986
John Pachon
Senior Civil Engineer
City of National City
Engineering Department
1243 National City Blvd.
National City, CA 92050.
Re: Traffic Signal at SR 54 and Valley Road
Dear Mr. Pachon,
As you have requested we have prepared an estimate of the cost of
installing a traffic signal at the intersection of SR 54 and Valley Road.
Based on the fact that SR 54 is a wide,high-speed arterial, and two left
turn lanes are proposed for Valley Road. The cost savings usually
associated with a three -leg (vs a typical 4-leg) intersection will
probably not be obtained here. With a somewhat larger allowance. for
traffic control our estimate at this time is a total of $75,000.00.
This includes provision of a full type 170 controller assembly.
If any questions please call us.
Respectfully,,
61;5
b
EMlylm
EXECUTED IN DUPLICATE Bond No. 13 54 34
to
p
SURETY TO SECURE LABOR AND MATERIAL FOR IMPROVEMENT AGREEMENT
Whereas, the City Council of the City of National City, State of California, and
BONITA VALLEY PARTNERS (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 ,
and identified as project BONITA VALLEY TM (S-2-85)
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 TWENTY THOUSAND SIX HUNDRED TWENTY FIVE & NO/100 dollars ($0,625 no )
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 June 9, , 19 86 •
•y
BC
By: P
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss
ON THIS �_ DAY OF , 19 BEFORE
ME, THE UNDERSIGNED, A N ARY rUBL1C IN AND FOR,BAID
COUNTY AND STATE, PERSONALLY APPEARED P.
AND KNOWN TO r.E
TO BE THE PERSONS WHOSE NA ES ARE SUBSCRIBED TO THE
WITHIN INSTRUWENT, 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 'r'.JoLIL FOA
SAID COUNTY AND STATE
INSURANCE CONY OF THE WEST
By: Surety
Christine A. Paterson, Attorney -In -Fact
OFFICIAL SEAL
WANDA K. QUINN
NOTAR7 PUBLIC CALUFI:RNIA
PRINCIPAL OFFICE IN d'
SAN INEGO COUNTY
My Commission Expires September 10, 1987
STATE OF CALIFORNIA
COUNTY OF San Diego
-�. ICW Cal 315R(04/86)
ss
On this 9th day of June , in the year 1986 before me, the
undersigned Notary Public, in and for the State of California, personally
appeared Christine A. Paterson
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
OFFI S
Adelvin Mader Sievers
NOTARY PUBLIC CALIFORNIA
....��r PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires November 20, 1989
expires
(3",
Notary Public
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
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
INSURANCE COMP Y OF THE WEST
President
On this10TH 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-
, 'edged 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
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.
1N WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of San Diego, the day and year
-first above written.
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PiOFfi^..IALSZ . g,
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'r- fiYiARY Pni.:C-CnLIFORNIF
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
SS:
_../))91-ev JA}tb-t)
Notary Public
I, 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)
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