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Home My WebLink AboutCC RESO 14,421RESOLUTION NO. 14,421 RESOLUTION AUTHORIZING THE ENGINEER TO SIGN AN IMPROVEMENT FOR MONUMENTATION (Mettler) BE IT RESOLVED by the City Council of the City of National City, California, that the City Engineer is hereby authorized to execute on behalf of the City, an Improvement Agreement between S. J. and B. METTLER and the City of National City for monumentation. PASSED and ADOPTED this 28th of August, 1984. ATTEST: / CITY CLE IMPROVEMENT AGREEMENT FOR MONUMENTATION THIS AGREEMENT, made and entered into this day of , 19g-by and between THE CITY OF NATIONAL CIT`i, a municipal corporation, hereinafter called City", and �i(ife//e//r CO/7S7/'UD CT//i CO) $,/v/OtTi el �er /Uerll/Idra' ,f /e/t/r , hereinafter called "Subdivider", WITNESSETH: WHEREAS, Subdivider is about to present to the Council of the City of National City, for approval and recorda- tion, a final subdivision map of a proposed subdivision to be known as Av",!A 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 subdivision maps; and WHEREAS, the Code provides that before said map is finally approved by the Council of City, Subdivider must either have installed and completed all of the monumentation work re- quired by the Code to be installed in subdivisions before final maps of subdivision are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County, or as an alternative thereof, that Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the require- ments 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 said map by the Council, 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 subdivision and will deliver to the City an improvement security as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions contained in Resolutions of the Planning Commission and City Council of the City of National City; and WHEREAS, it is necessary that certain monuments and stakes as specified on the final 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 final 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 recordation by the City Council of the final map of said subdivision, and/or other valuable consideration, Subdivider expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tenta- tive map resolutions; to do and perform or cause to be done and -2- 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 subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the final map. It is expressly understood and agreed that all monu- ments 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 required improvements, all monuments shall be installed within 30 days after recordation of the final map. It is expressly understood and herein agreed to by 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 G6o City an approved improvement security in the sum of $ 60(2. 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 subdivision in accordance with specifications contained herein, and that if that security is not sufficient to pay for the costs of the completion of monu- mentation that the Subdivider, or the present owner(s) of the property will pay the difference or a lien will be placed upon the property. -3- 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 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 or any materials furnished thereof. 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 per- formance of this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. V -4- 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 Subdivider has caused this agreement to be executed, as duly authorized, the day and year first herein above written. IOe Ve/a net - THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER By �: U. ` `4)4 L. ' , By ngine 12el e/o/oed IMPROVEMENT COMPLETION DATE: IMPROVEMENT SECURITY FOR Monuments: Form of: c;,s, ie/` f G%eck Amount: 4540 00 -5- D_L r(e t k;i& It'L' \J zisr-/-(A/411-e .4-(9 462 LCir/1/ 4 %-L r-/-4e Mi 2J ( S-tic}c)fe Ex/gm/ T A C CASHIER'S CHECK 'Tati^.al City 02C07 _ETI_E JE •SS:;E• REMITTER :ettier Construction Co, DATE ally 13, I C8h.• 2099322 90-49 1222 PAY TO THE ORDER OF vi ty of Tational City* * * * * * * -. -- ., .. * * ?1 :( .. :, * * S(-.Q!1 ?T * .* * 1 i CA LIFO^Illn tr» ,Put pno F I P.57 R 10 6,o lII,I; .(CALIFORNIA MS FIRST BANK HEAD OFFICE 350 CALIFORNIA STREET OD SAN FRANCISCO. CALIFORNIA 94104 AUTHORIZED SIGNATURE 10RVI 287 (REV 8 001 02099322v 1:L22200490i:0535000004o August 30, 1984 Original Cashier's Check given to Finance Department to hold. EXHIBIT ,EB