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HomeMy WebLinkAboutCC RESO 15,012RESOLUTION NO. 15,012 RESOLUTION AUTHORIZING THE CITY MANAGER EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY, FAMPEL OF SAN DIEGO, INC. AND DEL RIO CORPORATION FOR MONUMETFfATION OF CASA BONITA SUBDIVISION BE IT RESOLVED by the City Council of the City of National City, California, that the City Manager is hereby authorized to execute an Agreement between the City of National City, Fampel of San Diego, Inc. and Del Rio Corporation for monumentation of the Casa Bonita Subdivision. PASSED and ADOPTED this 8th day of July, 1986. Kile Morgan, -May ATTEST: 11, Ci Clerk APPROVED AS TO FORM: Georginter, E ser, III - City Attorney Campbell, SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _$TH day of JULY , 1986 , by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and DEL RIO CORPORATION and FAMPEL OF SAN DIEGO. INC , 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 known as Casa Za/So pursuant to the provisions of the Subdivision Map Act of the State of California, and 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 install and complete, free of liens, all of the monumentation work required in said subdivision within a definite period of time prescribed by said Council; and 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 '1HEREAS, it is necessary that certain monuments and stakes as specified on the final map shall be installed within thirty days after completion of the required improvements and their acceptance by City; and HEREAS, an estimate of the cost of installing said :onumentaticn according to said final map has been submitted to the City Engineer and has been approved by City, to which estimate Of costs, i0`: thereof has been added as required by ordinances of the City of national City for monumentation, which estimate is attached hereto, marked "Exhibit A" and made a part hereof; ' MUTUALLY UNDERSTOOD AND AGREED i10�1, THEREFORE, IT IS � Uiun AS FOLLOWS: That in consideration of the approval and recordation by the City Council of the final r:ap of said subdivision, and/or othen valuable consideration, Subdivider expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tenta- tive map resolutions; to do and perform or cause to be done and performea at its own expense, without cost to City, in a good and workmanlike manner, to the satisfaction' and approval of the City Engineer of City, all of the monumentation work required to be done in and adjoining said subdivision: and a•:ill furnish the necessary materials therefor, all in strict conformity and in accordance with the final map. It is expressly understood and agreed that all monu- ments shall be installed within 30 days after the completion and acceptance of any public improvements required by the City and.i.f there are no such required improvements, all monuments, shall be installed within 30 days after recordation of the final Tap, or at the time public improvements are completed. It is excressly understood and herein agreed to by Subci`;icer =gat in the performance of said work. Subdivider will conform to and abide by all of the provisions of the ;o _ rci nsnces of the City of National City and the laws of the State of California appilcabie to said wor::. rrrrt Subdivider further agrees that simultaneously with the ex,=r• tion of =`iis agreement, :t will furnisn and deliver to �• ::: City an approved improvement security in the sum of 5 1;200,00 to secure the installation of monuments, which security is . attached hereto, marked "Exhibit 3" and made a part hereof. it is further agreed that if the monumenta.t1On is not ccmoletad within the time alga.=: herein, thesumsprovided by saidimprovement security may be ;see by City -for the completion of the 7.omi .en+ -agog within sale sG,,divisiiOn in accordance with specifications contained herein, and that if that security is net sufficient to pay for the costs of the completion of ,onu- m tiz that the Sutdividcr, :r the present owner(s) of the property will pay the difference or a lien will be placed upon the orecerty. 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 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 or anv materials furnished thereof. 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 Subdivider, his agents or employees in the per- formance of this agreement; ;,ro✓ided, however, that the approved improvement security snail 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 Subdivider has caused this agreement to be executed, as duly authorized, the day and year first herein above written. t_ iz i o co e. criz• A,tr : a ) IMPROVEMENT COMPLETION DATE: r IMPROVEMENT SECURITY FOR Monuments: Form of: Z9O/7 C;2 THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER CITY MANAGER Amount: j 2©O.47J I HERESY APPROVE the form and lertaiity of the within agreement this ,VS* day APPROVgD AS TO FO �e v e H. Eiser, 111 :; Attorney Ju/i 616 . EARL PENNY Civil Engineer 190 No. Orange Avenue, Suite G El Cajon, California 92020 (619) 442-4300 /o/vn, f2,e a Sf4 ' 5044'7.Q Su/9 e,/.sioiv 7 7 22 74 52402-2 o,c r'G6"' ROS/� Exiworr:4" KNOW ALL MEN BY THESE PRESENTS: That we, DEL RIO CORPORATION - 375 Anita Dtti-ve, Pasadena, CA 90115 as Principal, and CAPITAL BOND AND INSURANCE .CCiITANY incorporated under the laws of the State of California, with principal office in $iverside, Calif as Surety, are held and firmly bound unto The City o4 National City in penal sum of ONE THOUSAND T(00 HUNDRED and NO/100 lawful money of the United States, for which payment well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly, by these presents. WHEREAS, the above bounden Principal has obtained or is about to obtain from the said Obligee a license or permit for Lot Staking, Uty Map No. 1985-4-NC '83 JUN 20 712: 56 Bond No. 003482 License and/or Permit Bond as Obligee, -Dollars, and the term of said license or permit is as indicated opposite the block checked below: M Beginning the stixth day of June 19 86 , and h�.xth September 86 ending the day of 19_....._. ❑ Continuous, beginning the day of 19 WHEREAS, the Principal is required by law to file with The..Ct(.f_.Q_4 Nat,'ox sty a bond for the above indicated term and conditioned as hereinafter set forth. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the above bounden Principal as such licensee or permittee shall indemnify said Obligee against all loss, costs, expenses or damage to it caused by said Principal's non-compliance with or breach of any laws, statutes, ordinances, rules or regulations pertaining to such license or permit issued to the Principal, which said breach or non-compliance shall occur during the term of this bond, then this obligation shall he void, otherwise to remain in full force and effect. ---PROVIDED, that if this bond is for a fixed term, it may be continued by Certificate executed by the Surety hereon; and PROVIDED FURTHER, that regardless of the number of years this bond shall continue or be continued in force and of the number of premiums that shall be payable or paid the Surety shall not be liable hereunder for a larger amount, in the aggregate, than the amount of this bond, anti PROVIDED FURTHER, that if this is a continuous bond and the Surety shall so elect, this bond may be cancelled by the Surety as to subsequent liability by giving thirty (30) days notice in writing to said Obligee. Signed, sealed and dated the h.cxth day of June 1986 DEL RIO CORPORATION Attorney -in -Fact EXf1/B/T B' State of CALIFORNIA County of SAN DIEGO On this d <xth day of June 1986 before me personally came R.W. KASSEL to me known, who, being by me duly sworn, did depose and say that d CAPITAL BOND AMP INSURANCECOMPANY o — he is an attorney -in -fact of N the corporation described in and which executed the within instrument; that he knows the corporate seal of said corporation; Qthat the seal affixed to the within instrument is such corporate seal, and that he signed the said instrument and affixed the said seal as Attorney -in -Fact by authority of the Board of Directors of said corporation and by authority of this office under the Standing Resolutions thereof. My commission expires 3-24-89 }ss. (Notary ublic) S OFFICIAL SEAL /� A i�dY M. EURDFAU I NOTARY P;;BLIC- CALIFORNIA l`' "",i PRINCIPAL OFFICE IN l CB-407 (9/81) ". `-� -� SAN DIEGO COUNTY j % My Commission Expires March 24, 1989 $ CAPITAL BOND AND INSURANCE COMPANY GENERAL POWER OF ATTORNEY HOME OFFICE - RIVERSIDE ?2A Q KNOW ALL MEN BY THESE PRESENTS, that CAPITAL BOND AND INSURANCE CO., a Corporation duly organized and existing under the laws of the State of California, and having its principal office in the City of Riverside, California, pursuant to the By -Laws which were adopted by the Directors of the said Company and are now in effect, which state that: "The Company President shall have power and aurhority to appoint Attorneys -In -Fact, and authorize them to execute on behalf of the Company, bonds and undertakings, contracts of indemnity, and other writings obligatory in the naturethereof, and he may at any time in his judgment remove any such appointees and revoke the authority given to them." Has made, constituted and appointed and by these presents does make, constitute R. W. KASSEL and appoint, subject to provisions and limitations herein set forth of San Diego, Cal iOn is its true and lawful agent and attorney -in -fact to make, execute, seal and deliver as surety, and as its act and deed, bonds and undertakings, contracts of indemnity, and other writings obligatory in the nature thereof. The authority of such Attorney -In -Fact is not to exceed ON ANY ONE RISK ONE THOUSAND TWO HUNDRED and NO/100 Dollars $1 200.00***** And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. IN WITNESS WHEREOF, CAPITAL BOND AND INSURANCE CO., has caused these presents to be signed by its duly authorized officer, and its corporate seal to be hereunto affixed this 6th day of June , 19 86 STATE OF CALIFORNIA COUNTY OF RIVERSIDE ON this 6th day of June CAPITAL BOND AND IJSURANCECO., By A D 19 86 before the subscriber,a Notary Public of the State of California, in and for the County of Riverside, duly commissioned and qualified, came Tony Jimenez, Jr., President of CAPITAL BOND AND INSURANCE CO., to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledges the execution of the same and being by me duly sworn, deposed & said that he is the officer of said Company, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company & said Corporate seal & his Signature as officer were duly affixed & subscribed to the said instrument by the authority & direction of said Corporation, & that the By -Laws of said Company, referred to in the preceding instrument are now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the City of Riverside, the day and year first above written. OFFICIAL SEAL GEORGE E. SPRENG * NOTARY PUBLIC-CALIFORNIA * NOTARY BOND FILED IN RIVERSIDE COUNTYMy * ********s*i*+.*Xpi****O**18******, *************************** * * * :Tr SWEErW•47-Ele SITE cAzmooe STRE.ET 0--CAL4400,e WAY VICINITY MAP NO SCALE' PLAT