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HomeMy WebLinkAboutCC RESO 14,826RESOLUTION NO. 14.826 RESOLUTION AUTHORIZING EXECUTION OF AN IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR AND MATERIALS BETWEEN THE CITY OF NATIONAL CITY AND GEORGE W. CUNRADI AND IDA E. CUNRADI (N.W. CORNER OF HARBISON & DIVISION STREET) 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 and George W. and Ida E. Cunradi for faithful performance of work and for labor and materials located at the northwest corner of Harbison and Division Street in the City of National City. California. PASSED and ADOPTED this 17th day of December Kile Morgan. Xyor ATTEST: Ion Campbell. City erk APPROVED AS TO FORM: George H. iser. III - City Attorney r^• IMPROVEMENT AGREEMENT FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL THIS AGREEMENT, made and entered into this ,y day of December , 19 85 , by and between the CITY OF NATICN,AL CITY, a municipal corporation, hereinafter called "City", and George W. Cunradi & Ida E. Cunradi , hereinafter call "Developer", WITNESSETH: 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 the filing, approval and recordation of Parcel Maps; and 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, -1- and approved by the City Engineer, as shown on Drawings No. S S7 2 - D office of the City Clerk on Documpnt No. ;3170 and have been filed of record in the December 20 , 19 85 , a copy of which plans and Specifications is also en file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements and/or land development according to said Plans and Specifications has been .nade 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 for land development work, which estimate is attached hereto, marked "Exhibit 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 I7d'C.Jel /9d' i -2- 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 the laws of the State of California applicable to said work. That if any of the public improvements and/or land development work contemplated by this agreement is to be constructed or installed on land not owned by Developer, no construction or installation shall be 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 401/ 0746 9-14 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. -3- 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 City providing therefor, nor shall anything herein stated commit City to any such apportionment. It is further understood and agreed by Developer that any engineering costs (including plan 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 of money equal to 3"r 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 of the work on behalf of City, Developer shall grant to City by appropriate conveyance, the improvements constructed pursuant to 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. 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 Developer, his agents or employees in the performance of this agreement. Developer further agrees to protect and -4- 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 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 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. -5- STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS :-oq" DAY OF 441:2..„.,,,., , 19 i BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ,Q, toGt— t. AND J ..> ::, _ KNOWN TO ME TO TI BE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WIYHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME. 'PN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS ;CERTIFICATE FIRST ABOVE WRITTEN. A • i 4 MY COMMISSION EXPIRES: /1-1'ff N 9R _Ruauc_J441�AN 9—FAR -SAID—COU)-AN{}sTATE Developer ESTIMATED COMPLETION DATE: THE CITY OF NATIONAL CITY M . CITY MANAGER IMPROVEMENT SECURITY FOR Subdivision Improvements: 1. Faithful Performance of Improvement Agreement. Cash: Form of: Bank ASS/_q/'7/77T Trust & Agency $ Amount: / h Receipt No. 2. Labor and Material for Improvement Agreement. Form of: Bonk As8/9O/4e/77/ Cash: Trust & Agency S Amount: 1 3 38 Z Receipt No. -6- 1' CENTRAL SAVFIiZZIP: N S INDIVIDUAL ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF San Diego } SS. On December 6, 1985 before me, the undersigned, a Notary Public in and for said County and State, personally appeared George W. Cunradi & Ida E. Cunradi (ItKsAA'b"CibtAf iiid(XPISb)i (or proved to me on the basis person whose name is subscribed to this instrument, and acknowledged that They executed the same. Signature Karen A. Ewing BA 270 (7/82) Name (Typed or Printed) of satisfactory evidence) to be the FOR NOTARY SEAL OR STAMP CFF'C;AL SEAL KAREN A. EWING + 17-'071fitA tt3TARY PUBLIC CALIFORNIA i t'�'' s ; . a, : Principal 0Ince in San Diego County j!�My Commission Expires M2r. 3. 1939M�y �„�_ Form No. 1 — Original: For Assignee ASSIGNMENT AS SECURITY FOR PAYMENT OF ALL SILLS, STATEMENTS OR CHARGES FOR ANY SERVICES ASSIGNMENT to City of National City George W. Cunradi & Ida E. Cunradi (NAME) 3703 Tyler St. hereinafter called ASSIGNOR, whose principal place of business is , Spring Valley (STREET) , California, (do) (does) hereby assign and set over to the (pity of National City whose address is (NAME OF ASSIGNEE) (STREET) California, hereinafter referred to as the ASSIGNEE, all right, title and interest of (CITY) any kind whatsoever owned or held by Assignor in and to the insured account of Assignor in the Central Savings & Loan Assoc. , whose address is 159 The Concourse (NAME OF SAVINGS tissu! OCIATION) , California, as evidenced by an account in the amount of Ten Tioii and Seven Hundred Forty9T.c dollars ($10,746.00 ), identified as account number 0432091823 , which account is delivered by the Assignor to the Assignee. Assignor agrees and stipu- lates that this Assignment carries with it the right in and to the insurance of this account by the Federal Savings and Loan Insurance Corporation and includes and gives the right to the Assignee to redeem, collect, and withdraw the full amount of such account at any time WITHOUT NOTICE TO ASSIGNOR. This Assignment is given as security for the payment of all bills, statements or charges for any services furnished or rendered at any time from and after December 3, , 19 , and at any and all premises at which service has been or may (MONTH) (DAY) be ordered or contracted for by the Assignor. Assignor hereby notifies the above -named savings and loan association of this Assignment. Dated th3 9 day of December , California. FIRST ENDORSEMENT — RECEIPT FOR NOTICE OF ASSIGNMENT Receipt is hereby acknowledged to the Assignee of written notice of Assignment of the above -identified account. We have noted our records to show the interest of the Assignee in said account. We hereby certify that we have not received any notice of lien, encumbrance, hold, claim, or other obligation against the above -identi- fied account prior to its Assignment to the Assignee. We certify that the account is fully insured by the Federal Savings and Loan Insurance Corporation. We agree to make payment to the Assignee upon written request in ac- cordance with the savings and loan laws applicable to this association. Dated this 9 day of December , 19 85 at San Diego , California. Central Savings and Loan Association NAME eF S G AND LOAN ASSOCIATION SIGN TURE pF OFFICER Branch Manager / Assistant Vice President TITLE OF OFFICER SECOND ENDORSEMENT — RECEIPT FOR SECURITY AND DIRECTION TO PAY EARNINGS Receipt is acknowledged of the Assignment above and the account identified in the Assignment above. The savings and loan association named in the Assignment above is hereby authorized and directed to pay any earn- ings on the above -identified account to the above -named Assignor. Dated this day of , 19 at , California. By By ASSIGNEE Distributed by the California Savings and Loan League, Pasadena, California — 9/70. EXf//B/T fC~ C For: (7),t/QADI Job No. 40-ri ESTIMATE: Algert Engineering, Inc.. 428 Broadway Chula Vista, California 92010 (619) 420-7090 By: CfO��C-1� Checked By: Dote P1--/ JIB5 NO. 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