Loading...
HomeMy WebLinkAboutCC RESO 14,318/^ lea r"^ • RESOLUTION NO. 14,318 RESOLUTION AUTHORIZING THE CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH HANSHIAN, INC. DEVELOPER OF 70 UNIT MOTEL LOCATED AT 1620 E. PLAZA BOULEVARD (S.E. Corner of Plaza and Palm) BE IT RESOLVED by the City Council of the City of National City that the City Engineer is hereby authorized and directed to execute that certain Improvement Agreement with HANSHIAN, INC., the developer of a 70 unit motel located at 1620 E. Plaza Boulevard on the S.E. corner of Plaza and Palm. PASSED and ADOPTED this 1st day of May, 1984. ATTEST: CITY CLER MAY.R C IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and HAN SHIAN, INC. , 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. 559 -D, 555'7 559E-D a d55Y9-D and have been filed of record in the Engqii)ee/ office of the City S1+fwk on , 1� -Document--Nor — _ _ a copy of which plans and Specifications is also on 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 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 for land development made a part work, which estimate is attached hereto, marked "Exhibit B" and 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 4/o ci 2 f /9495 -2- C 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 $194,000 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% 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- II • ,STATE CS CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF , 19 BEFORE Mr THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID C ,.NTV AND STATF. AFRC(11011 V APPFARFR 1 TO 1945 CA (0.74) (Corporation) 1' ksfotamm X(WANAW 7Slla&109 = of the Qcaarp ration tat set l) }ram w t in tru JcktForttjel<c etombe the persons o exbuteda a witFiin�Oi} Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. TITLE INSURANCE ors/ AND TRUST STATE OF CALIFORNIA SS 1} COUNTY OF Can Diego On March 20,__1984 before me, the undersigned, a Notary Public in and for said State, personally appeared_ FA-TSENG LEE known to me to be the President,,I AMOK caUP WT C WITNESS my hand and official seal. IMPROVEMENT COMPLETION DATE: IMPROVEMENT SECURITY FOR Subdivision Improvements: Form of: Amount: evidence • OFFICIAL SEAL HITOKO S MAPi HALL NOTARY PUBLIC • CALIFORNIA SAN DIEGO CO::`lTY My comm. expires MAR 17, 1987 (This area for official notarial seal) LIIY LNUINLLR $194,000.00 - Cash: Trust & Agency $ 5,820.00 Receipt No. -6- ,STATE CF CALIFORNIA) COUNTY OF SAN DIEGO) ss ON THIS DAY OF , 19 BEFORE Mr' THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID OuNTY AND STATE, PERSONALLY APPEARED AND KNOWN TO ME 0 BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE ITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY XECUTED THE SAME. N WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND FFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS ERTIFICATE FIRST ABOVE WRITTEN. MY COMMISSION EXPIRES: NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER BY /`' ¢„ 7 cc S///,41 BY Developer 77'/C. IMPROVEMENT COMPLETION DATE: IMPROVEMENT SECURITY FOR Subdivision Improvements: Form of: Amount: CITY ENGINEER $194,000.00 Cash: Trust & Agency $ 5,820.00 Receipt No. -6-