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HomeMy WebLinkAboutCC RESO 14,708RESOLUTION NO. 14,708 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MONUMENTATION AGREEMENT WHEREAS, the Meyer C. Weiner Company is processing a parcel map for the Bay Plaza Shopping Center; and WHEREAS, a requirement of the processing of said parcel map is that Meyer C. Weiner Company enter into an agreement with the City of National City for the monumentation of new parcels, and provide an improvement security for the installation of said monumentation; and WHEREAS, Meyer C. Weiner Company has executed said agreement and furnished the required improvement security, and it is now appropriate for the agreement to be signed by the City Manager on behalf of the City. NOW, THEREFORE, BE IT RESOLVED that the City Manager is hereby authorized to execute on behalf of the City an Improvement Agreement for Monumentation. PASSED and ADOPTED this 6th day of August, 1985. ATTEST: Ione Campbell, City C -' k APPROVED AS TO FORM: j Geo e . EIII - City Attorney day of IMPROVEMENT AGREEMENT FOR MONUMENTATION THIS AGREEMENT, made and entered into this 6th August , 1985, by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and MEYER C. WEINER COMPANY hereinafter called "Subdivider", WITNESSETH: WHEREAS, Subdivider is about to record a final par- cel map of a proposed land division to be known as SOUTH BAY PLAZA SHOPPING CENTER 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 parcel maps; and WHEREAS, the Municipal Code provides that Subdivider shall enter into an agreement with City, secured by an approved improve ment security, to insure the performance of all monumentation work pursuant to the requirements 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 its parcel map by City, 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 land division and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, a tentative parcel map of said land division has heretofore been approved, subject to certain requirements and condi- tions contained in a Resolution of the Planning Commission of the City of National City; and -1- WHEREAS, it is necessary that certain monuments and stakes as specified on the parcel map shall be installed within thirty days after completion of the required improvements and their acceptance by City; and WHEREAS, an estimate of the cost of installing said monumentation according to said parcel map has been submitted to 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 monumentation, which estimate is attached hereto, marked "Exhibit A" and made a part hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: That in consideration of the approval and record- ation by City of the parcel map of said land division, and/or other valuable consideration, Subdivider expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tenta tive parcel map resolution; 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, to the satisfaction and approval of the City Engineer of City, all of the monumentation work required to be done in and adjoining said land division; and will furnish the necessary mate- rials therefor, all in strict conformity and in accordance with the parcel map. It is expressly understood and agreed that all monu- ments shall be installed within 30 days after the completion and accep- tance of any public improvements required by the City and if there are no such required improvements, all monuments shall be installed within 30 days after recordation of the parcel map. It is expressly understood and herein agreed to by -2- 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 $850.00 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 land division in accordance with specifications contained hrein, and that if that security is not sufficient to pay for the costs of the completion of monumentation that the Subdivider, or the present owners) of the property will pay the difference or a lien will be placed upon the property. 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 improvements 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 any materials furnished thereof. - 3- 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 performance of this agreement; provided, however, that 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 reason- able 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 exe- cuted, as duly authorized, the day and year first herein above written. July ay, 1985 By THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER IMPROVEMENT COMPLETION DATE: 04 IMPROVEMENT SECURITY FOR Monuments:• Form of: Personal Check Amount: $850.00 -4-