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Home My WebLink AboutCC RESO 14,772RESOLUTION NO. 14,772 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN IMPROVEMENT AGREEMENT FOR MONUMENTATION WITH SWEETWATER NORTH WHEREAS, Sweetwater North, a General Partnership, is processing a parcel map for a lot line adjustment of three parcels north of Sweetwater Road and East of Grove Way; and WHEREAS, a requirement of the processing of said parcel map is that Sweetwater North 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, Sweetwater North 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 22nd day of Oc Kile Morgan, ATTEST: IonpCampbell, City erk APPROVED AS TO FORM: lJ v,Gr�C Geo a H. I;iser, III - City Attorney yor IMPROVEMENT AGREEMENT FOR MONUMENTATION THIS AGREEMENT, made and entered into this 25th day of September 1985, by and between THE CITY OF NATIONAL CITY, a municipal corpora- tion, hereinafter called "City", and SWEETWATER NORTH, a General Part- nership, hereinafter called "Developer". WITNESSETH: WHEREAS, Developer is about to record a lot line adjustment plat 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 lot line adjustments; and WHEREAS, the Municipal Code provides that Developer shall enter into an agreement with City, secured by an approved improvement secu- rity, to insure the performance of all monumentation work pursuant to the requirements of the City of National City, agreeing at its own ex- pense to install and complete, free of liens, all of the monumentation work required in said lot line adjustment within a definite period of time prescribed by said Council; and WHEREAS, Developer is willing, in consideration of the approval and recordation of its lot line adjustment by City, to enter into this agree- ment wherein it is provided that Developer will install and complete at own expense, all the monumentation work required by City in connection with the proposed lot line adjustment plat and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, a lot line adjustment plat has heretofore been approved, subject to certain requirements and conditions as determined by the City Engineer of the City of National City; and WHEREAS, it is necessary that certain monuments and stakes as speci- fied on the lot line adjustment plat 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 lot line adjustment 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 recordation by City of the lot line adjustment plat and/or other valuable consideration, Developer expressly herein undertakes and agrees as follows: To comply with all of the requirements of the City Engineer; to do and perform or cause to be done and performed at its own expense, without cost to City, in a good and workman like manner, to the satis- faction and approval of the City Engineer of City, all of the monumen- tation work required to be done in and adjoining said land division, in- cluding the preparation and recording of a record of survey approved by the City Engineer. It is expressly understood and agreed that all monuments shall be installed within 30 days after the completion and acceptance of any public improvements required by the City and if there are no such re- quired improvements, all monuments shall be installed within 30 days after recordation of the lot line adjustment plat. It is expressly understood and herein 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 the laws of the State of California applicable to said work. Developer further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to City an approved improve- ment security in the sum of ONE THOUSAND ONE HUNDRED AND 00/100 dollars 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 with- in 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 herein, and that if that security is not sufficient to pay for the costs of the completion of monumentation that the Developer, or the present owner(s) of the proper- ty will pay the difference or a lien will be placed upon the property. Upon certification of completion by said City Engineer and accept- ance 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 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 of 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 of sums for the above -mentioned work or any materials furnished thereof. 2 It is understood and agreed that City shall not, or any officer or employee thereof, be liable for any injury to person or property oc- casioned by reason of the acts or omissions of Developer, his agents or employees in the performance of this agreement; provided, however, that the approved improvement security shall not be required to cover the pro- visions 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 Represen- tative and Developer has caused this agreement to be executed, as duly authorized, the day and year first herein above written. Developer SWEETWATER NORTH, a General Partnership THE By: Thomas, O'Brien & Associates, Real Estate Investments, a General Partnership, General Partner By: Robert L. Thomas Enterprises,Inc., General Partner_ By: &�' � �i ,..d Date ?-i)S-SS ROBERT L. THOMAS, President By: Gerald G. O'Brien Enterprises,Inc., Ge eral Partner By:p i GERALD G. O'BRIEN, President IMPROVEMENT COMPLETION DATE: IMPROVEMENT SECURITY FOR: Monuments & Record of Survey Form of: Amount: $1,100.00 APPROVED AS TO FARM George H. Eiser, III City Attorney By: - 3 City CITY OF NATIONAL CITY Tom G. McCabe, City Manager ate /D/Z5/47j — TOM cCABE, City Manager STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss On September 25, 1985 , before me, the undersigned, a Notary Public in and for said state, personally appeared ROBERT L. THOMAS personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President, on behalf of Robert L. Thomas Enterprises, Inc. , the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Thomas, O'Brien & Associates said general partnership being known to me to be one of the partners of Sweetwater North , the partnership that executed the within instru- ment, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same as a partner of Sweetwater North, a General Partnership WITNESS my hand and official seal. c Signature BRENDA D. McLAUGHLIN STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss (This area for Official Seal) OFFICIAL SEAL BRENDA D MC LAUGHLIN NOTARY PUBLIC - CALIFORNIA SAN DIEGO CAUNTY My comm. expkes FEB 29, 1988 On September 25, 1985 , before me, the undersigned, a Notary Public in and for said state, personally appeared GERALD G. O'BRIEN personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President, on behalf of Gerald G. O'Brien Enterprises, Inc. , the corporation therein named, and acknowledged to me that said corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors, said corporation being known to me to be one of the partners of Thomas, O'Brien & Associates said general partnership being known to me to be one of the partners of Sweetwater North , the partnership that executed the within instru- ment, and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same as a partner of Sweetwater North, a General Partnership WITNESS my hand and official seal. Signature q BRENDA D. McLAUGHL eux?"-L4 - 4 - (This area for Official Seal) OFFICIAL SEAL. BRENDA D MC LAUGHLIN NOTARY PUBLIC - CAUFORMIA SAU DIEGO COUNTY ' .. , My comet expires FEB 29;.1988 ai:,.. I,li,:llll:ln, ,III .III' i• i I+ I+ I •Ij i i. l II: ilillll!lllllilVll6illllllil jl;l .I i III I 1.it it !IiIhIiIIIIIIIIIIIIIIIILI:r iil IIIL,I I:� SILLMAN / WYMAN & ASSOCIATES ARCHITECTS & ENGINEERS : 10671 ROSELLE ST., SUIT 200 SAN DIEGO. CALIFORNIA 92121. TELEPHONE (619) 453-4320 June 3, 1985 City of National City Engineering Department 1243 National City Blvd. National City, CA 92050 Attn: John Pachon Re: Boundary Adjustment Taco Bell Site, Sweetwater Road Dear Sir, This is to verify that I will file Record of Survey and appropriately monument the property corners for the proposed boundary adjustment prior to occupancy of the building. I estimate the cost of this work will not exceed $1,000.00. The owner agrees to put up a cash deposit with the City to verify that this work will be accomplished. If you have any questions, please do not hesitate to call. Sincerely, SILLMAN/WYMAN & ASSOCIATES Bruce H. Wyman R.C.E. 23280 BHW:jj J U N 1985 I`..1 r IUNAL CITY ENGINEERING DEPT. Ex,q/B/ T ,A r^ Check Cash CITY OF NATIONAL CITY California Office of Treasurer RECEIPT FOR DEPOSIT $ //' v Received from .c c .l.,eJ.FF%-‘,..../4 7 /E� . ..¢ .. / .44)Aetzt). Dollars �30.U.4-.0'4ta-.y... 40JUs.7. rn.F_-cei .p.5.P.4.s./ mews 10/84 �f N2 2323 9--' 7. `— 19 6P.— DEL REDDING Deputy FxHiBir "B„ El CERTIFICATE OF COMPLIANCE NO. Cl ADJUSTMENT PLAT NO. ENGINEERING DEPARTMENT CITY OF NATIONAL CITY PROPOSED BOUNDARY SKEETWRTER RCt NRTIONRZ. CIT7 P.O.B. VICINITY MAP. n. T• S. PROPOSED USE — COMMERCIAL EXISTING ZONING Cr OWNER SWEETWATER NORTH. a Gen. Part. OWNER ADDRESS 1eiti Sweetwater Road National City, ADDRESS PLAT