HomeMy WebLinkAboutCC RESO 14,714RESOLUTION NO. 14,714
RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AN IMPROVEMENT AGREEMENT WITH LESLIE O. & ROBERTA JEAN TIGH
(1831 EAST 12TH STREET)
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 Leslie O. and Roberta Jean Tigh
and the City of National City as it applies to the property located at 1831 East
12th Street, National City, California 92050 (APN 557-280-38).
PASSED and ADOPTED this 6th day of August 985.
Kile Morgan, - or
ATTEST:
Ion Campbell, City Cl
APPROVED AS TO FORM:
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George H. E ser, III - City Attorney
l
day of
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this 16 i-7-=-
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, 10 $ b�.c �.. n the CI'
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
&k.i-h442f7./ F Sli<
call "Developer", WITNE .E1-H:
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WHEREAS, Developer is about to record or has acquired a Parcel
Map to be recorded pursuant to the provisions of ordinances of the City of
National City relating to she filing, approval and recordation of Parcel
Maps; and
, herei ria-!ter•
WHEREAS, That before said map is finally approved by the City,
Developer must either have installed and completed all of the public improvements
and/or land development work required by the Code to be installed in subdivisions
before final maps of subdivision are approved for purposes of recording in the
office of the County Recorder of San Diego County, or as an alternative thereof,
that Developer shall enter into an agreement with City, secured by an approved
improvement security to insure the performance of said work pursuant to the
requirements of ordinances of the City of National City, agreeing at its own
expense to install and complete, free of liens, all of the public improvements
and/or land development work required in said subdivision within a definite
period of time prescribed by said City; and
WHEREAS, Developer is willing to enter into this agreement
wherein it is provided that Developer will install and complete at its own
expense, all the public improvement work required by City in connection with
the said Subdivision and will deliver to City an improvement security as
approved by the City Attorney; and
WHEREAS, Complete Plans and Specifications for the construction,
installation and completion of said public improvement work have been prepared,
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and approved by the City Engineer, as shown on Drawings No. .5 C l - t
office of the City Clerk on
Document 7.7- S $ I
and have been filed of record in the
4 ,t , 19 FS- ,
a c-'; of whi-1- -'-- and Specificafinrc
is also on file in the office of the City Engineer; and
WHEREAS, an estimate of tte,cost of constructing said public
improvements and/cr land development ac:o;ding to said Plans and Specifications
has been made by 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 public improvements and/or an amount computed
pursuant to the requirements of said ordinances has been added fog land
development work, which estimate is attached hereto, marked "ExhiLit B" and
made a part hereof;
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
That in consideration of the approval and recordation by the
City Council of the Parcel Map of said subdivision, and/or other valuable
consideration, Developer expressly herein undertakes and agrees as follows:
To comply with all of the requirements of the tentative map
resolutions; 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, under the
direction and to the satisfaction and approval of the City Engineer of City
all of the public improvement and/or land development work required to be
done in and adjoining said Map and will furnish the necessary materials
therefor, all in strict conformity and in accordance with the Plans and
Specifications, which document has been heretofore filed in the office of
the City Clerk and by reference thereto is incorporated herein and made a
part hereof.
It is expressly understood and agreed that Developer will cause
all necessary materials to be furnished and all improvements required under the
provisions of this contract to be done on or before
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ly z 9, 19/,�
It is also understood and herein expressly agreed to by
Developer that in the performance of said work, Developer will conform to
and abide by all of the provisions of the ordinances of the City of National
City and thp laws of the $tate of California applicable to said work.
Thatt if any of the public improvements and/or land development
'ork contemplated by this agreement is to be constructed or installed on land
not owned by Developer, no construction or installation shall he commenced
thereon prior to the dedication and acceptance by City of appropriate easements
or right of way therefor.
Developer further agrees that simultaneously with the execution
of this agreement, it will furnish and deliver to the City an approved
improvement security in the sum of / 7, 333 = which security
shall guarantee the faithful performance of this contract by Developer and is
attached hereto marked "Exhibit C" and made a part hereof.
It is further agreed that if the public improvements are not
completed within the time agreed herein, the sums provided by said improvement
security may be used by City for the completion of the public improvements
within said subdivision in accordance with specifications contained herein.
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
Developer, 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 of any materials
furnished therefor.
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Provided, however, that this shall not preclude City from
entering into agreements with Developer for the apportionment of costs of
water and sewer mains pursuant to the provisions of the ordinances of National
Cit - - = ".-- therefe- nor shP "-.7"-hing herein stated rnmmit City to any
such dppnrtionment.
It is further understood and agreed by ueveloper that any
engineering costs (including piar; checking, inspection, materials furnished
and other incidental expenses) incurred by City in connection with the
preparation of the improvement plans and the installation of the public
improvements hereinabove provided for, shall be paid by Developer and Developer
shall deposit with City a sum cf money equal to 3% of the costs of the
improvements, approved by the City Engineer.
In ascertaining the amount of such costs incurred by City, the
cost report of the City Clerk and City Treasurer shall be prima facie evidence
of the true cost of the engineering services so performed by City.
It is understood and agreed that until such time as all
improvements are fully completed and accepted by City, Developer will be
responsible for the care, maintenance of and any damage to the streets, alleys,
easements, water and sewer lines within the proposed subdivision.
That upon acceptance
to City by appropriate
this agreement.
The acceptance of the work on behalf of City shall be made by
City Manager upon the authorization of the City Council. Such acceptance
shall not constitute a waiver of defects by City.
of the work on behalf of City, Developer
shall grant conveyance, the improvements constructed
pursuant to
It is understood and
or employee thereof, be liable for
by reason of the acts or omissions
the performance of this agreement.
agreed that City shall not, or any officer
any injury to person or property occasioned
of Developer, his agents or employees in
Developer further agrees to protect and
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hold harmless City, its officers and employees from any and all claims, demands,
causes of action, liability or loss of any sort, because of or arising out of
the acts or omissions of Developer, his agents, or employees in the approved
improveme;;t shall .got T=isicns ^F this
paragraph.
In the event that suit is brought upon this cor:tr.:ct by C ty
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 Developer has caused this agreement to be executed, as
duly authorized, the day and year first hereinabove written.
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss
d/A
ON THIS DAY OF , 19 BEFORE
ME, THE UNDERSIGNED, A NOTARY P1:LIC IN AND FOR SAID
COUNTY AND STATE, PERSONALLY APP 'RED
AND KNOWN TO ME
TO BE THE PERSONS WHOSE NAMES,RE S :SCRIBED TO THE
WITHIN INSTRUMENT, AND ACKNOWLEDGED T ME THAT THEY
EXECUTED THE SAME.THE CITY OF NATIONAL CITY
IN WITNESS WHEREOF, I, AVE HEREUNTO SET M HAND AND
AFFIXED MY NOTARIAL/SEAL, THE DAY AND YEAR`IN THIS
CERTIFICATE FIRST,ABOVE WRITTEN.
BY
MY COMMISSION cX�
NOTARY PUBLIC 1;:i AND FOR
SAID COUNTY AND STATE
Developer
4/l/i/' le /4, int�1sn =' v
/
/ ' !? f /'1 d 5
. McCARE
CITY MANAGER
BY
ESTIMATED COMPLETION DATE: flub 2`� / �f a
CITY ENGINEER
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful Performance of Improvement Agreement.
Cash: o
Form of: 3L'/!� Trust & Agency $
Amount:
cLe
Receipt No.
2. Labor and Material for Improvement Agreement.
Form of:
Amount:
/
o
Cash:
Trust & Agency $
Receipt No.
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