HomeMy WebLinkAboutCC RESO 14,422RESOLUTION NO. 14,422
RESOLUTION AUTHORIZING THE ENGINEER TO SIGN
AN IMPROVEMENT FOR FAITHFUL PERFORMANCE
OF WORK AND FOR LABOR AND MATERIAL
(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 faithful performance of work and for labor
and material.
PASSED and ADOPTED this 28th of August, 1984.
ATTEST:
/ CITY CLERK
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this
day of August
30th
, 1984 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
Sy/wr2 f,Wel/kr OerYIdQref Ve//�ep , 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 for the construction,
installation and completion of said public improvement work have been prepared,
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049 s63B
and approved by the City Engineer, as shown on Drawings No. - D ,
,56.3 9 - D and have been filed of record in the
office of the City Clerk on August 28 , 1984
Document No. 70905 and 70906 a copy of which plans
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 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 S179 11 e/P et /, /78S .
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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 gag 3 7Q OO 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
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
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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
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.
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STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss
ON THIS DAY OF , 19,0 BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED 'A,.,ill:a..y.4,1
('le%tler AND ,c /a KNOWN TO ME
TO BE THE PERSONS WW,SE NAMES ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY
EXECUTED THE SAME.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
CERTIFICATE FIRST ABOVE WRITTEN.
MY COMMISSION EXPIRES:
OFFICIAL S:AI
CATHY A. ENRIQUE
, 1 Notary Public- CalHnrn14
1 PRINCIPAL OFFICE IN
1 L'tl"'cC, , ...
4MY Commission Expires NovembeSAN DIEGO o3Nt
�TAR P BLIC IN AND
vb�c.
F�•
SAID COU TY AND STATE
Developer
ESTIMATED COMPLETION DATE:
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful Performance of Improvement Agreement.
Cash:
Form of: ,BO/!Q✓ Trust & Agency $_ /9 704 00
Amount: Receipt No.
2. Labor and Material for Improvement Agreement.
Form of: Cash:
Trust & Aaencv $ /9 7¢2.00
Amount: Receipt No.
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BOND ESTIMATE FOR 2125 PROSPECT STREET
Construction Estimate
Item Cost
1. Single family dwelling demo $ 700.00
2. Fence (south boundary per grading plan) 1200.00
3. Sidewalk & Driveway (Prospect Street) 1800.00
4. Access Road (15' x 150' per grading plan) 2800.00
5. Grading: Fill = 2600 c.y. @ $2.00 5200.00
6. Grading: Waste = 3200 @ $4.00 12800.00
7. Landscaping as follows: 3103.00
Parcel 1,2,3 = 960 l.f. pipe @ 1.35 = $1296.
4 = 620 1.f. pipe @ 1.35 = 837.
Total pipe = $2133.
17 type C Sprinkler Heads @ 8.00 = $ 136.
43 A
14 B
@ 8.00 = 490.
@35.00 = 970.
Total S. H. _ $ 970.
Sub -total $ 27603.00
Contingency 10% 2760.00
Soh Total $ 30363.00
Estimate prepared by Craig Fredrickson, C.E.
Date: July 9, 1984
EXH/8/ T "e "
ESTIMATE FOR ON SITE IMPROVEMENTS
2125 PROSPECT STREET
Addendum No. 1
Item
Cost
1. Materials & labor for construction of a Block Wall $ 4560.00
190' x 6' = 1140 sq.ft. x $4.00 = $4560.00
t/0
//ens i-
Estimate prepared by: Craig Fredrickson, RCe
Date: August 14, 1984
CoSii#9ency 45G, 0O
Sv6/o/a/ $ 3o/a. o0
7 (From Sh/d 30, 363. vo
To/a/ 315 379. oo
Ski. 20(2
EXI//B/ T "B
MERCHANTS BONDINNG COMPANY
3110 CAMINO DEL RIO SOUTH. SUITE 111, SAN DIEGO, CA 92108
RIDER
To be attached to and form a part of Performance & Payment Bond,
No. CA103946
, dated the
8th
day of August , 19 84 ,
issued by the MERCHANTS BONDING COMPANY (MUTUAL) as Surety, on behalf of
Sylvia J. Mettler & Bernhard Mettler, individuals
as Principal, in the penal sum of Fifteen thousand one hundred eighty two and 00/100
DOLLARS ($15,182.00 i, and in favor of City of National City
In consideration of the premium charged for the attached bond, it is hereby
agreed that the attached bond be amended as follows:
The penal sum of the bond be amended from Fifteen thousand one hundred eighty two
and 00/100 DOLLARS ($15,182.00)
TO: Nineteen thousand seven hundred forty two and 00/100 DOLLARS ($19,742.00)
Provided, However, that the attached bond shall be subject to all its agree—
ments, limitations and conditions except as herein expressly modified, and further
that the liability of the Surety under the attached bond and the attached bond as
amended by this rider shall not be cumulative.
This rider shall become effective as of the 8th day of August
19 84.
Signed, sealed and dated this 16th day of August 19 84
B
MERCHANTS BONDING COMPANY (MUTUAL)
Trish Dominique Attorney in Fact
EX///B / T
11C //
MERCHANTS BONDING COMPANY
— MtnvaL —
DES MOINES, IOWA
POWER OF ATTORNEY
Know All Mcn By These Present.. that the MERCHANTS BONDING COMPANY (Mutual). a corporation duly organized under (he
laws of the State of Iowa. and having its pnncipal office in the City of Des Moines. County of Polk. State ol Iowa. hash male. constituted
and appointed. and does by these pe.ents make. constitute and appoint
Trish Dominique
of San Diego and Slatc of California its true and lawful Attomcy-m-Fan. wah tell p,sser
and authonly hercb) conterrcd in its name. place and stead. to sign. execute. acknowledge and deliver in its tehall .i. sure)-.
Any and all bonds and undertakings in its normal course of business
and to hind the MERCHANTS BONDING COMPANY (Alutuali therchs as fulls and to the same e\Ient as it such fond or undo nakuu w,is
signet hs the dull authorized odisers of the MERCHANTS BONDING COMPANY IAlutual 1. and all the acts ol said Atiomc). pursuant
to the authority herein gisen. are hcrehs ratified and continued
This Power-of"Attumc) is made and executed pursuant to and by authonts of the following B)-law adopted h) the Board ol Directors
tit the MERCHANTS BINDING COMPANY (Mutual)
.AKflCIJ 2. SECTION 5,\ "- "The Chairman ol the Board or President or an Vice Prestdeni or Sei.retarr shall hasc Is,ss;( and
❑uthom) to appoint t Aitomcs s-urFact. and to authorize them to execute on behalf ot the Company. and attach the S.al nl the
Company thereto. bonds and undertakings. rceognizances. contracts of indcmnil) and other writings obligator> in the nature
thereof. "
In Wetness Whereof. MERCHANTS BONDING COMPANY�t(Mutual) has caused these presents to he signed by its \ice Presdcnls. and
its urprale veal lit he ht'relo alhxed. this 12 th day of January A.D 19$ 3
Attest: MERCHANTS BONDING COMPANY 'Alutual(
B) �iric `� /UCCLl�' Z
v 11,, ,h. tarn,
STATE OF IOWA
COUNTY OF POLK s.
On this 12th Jac of January 1983 . betire nie appc.ued
Rodney Bliss III and William W. Warner
to me personalh known. who being h) me duly sworn did say that they arc Vice Presidents respectisely of the MERCHANTS BONDING
COMPANY IMutuali. the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument is the
Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation hs authont) of
its Board of Directors.
1prinelRRtq.Whcrcol I hasc hereunto set my hand and affixed my Official Seal. at the Cmof Des Moines. Iowa the das and year first
afi'.c •r1t1C)` •••
.• t.•. ••
• > _ T
10*
T
9-3Q-83
••• TAR 1 00
' ST.Af F.OF IOWA•••••'••�••• COUNTY OF POLK
lhi
Rodney Bliss III, Vice President
of the MERCHANTS BONDING COMPANY (Mutual). do herch) certity that (he above and foregoing Is J Iruc and
comes' cups ot the POWER OF ATTORNEY. executed by said MERCHANTS BONDING COMPANY lslulvai1wludi s
still in force and effect.
In \\fitness Whcrcot. 1 hose hereunto set my hand and affixed the seal of the Company. at Des M s 1A
16th Jas of August 19. 84
Thispower of auomcy expire. upon revocation
MERGHANTS BONDING COMPANY
3110 CAMINO DEL RIO SOUTH, SUITE 111, SAN DIEGO, CA 92108
Bond No.
PERFORMANCE BOND
PUBLIC CONTRACTS
CA103946
R'KW ALL MEN BY THESE PRESENTS: That Sylvia J. Mettler & Bernhard Mettler, individuals
as Principal, and Merchants Bonding Company (Mutual), an Iowa corporation
authorized to execute bonds in the State of California, as Surety, are held
and firmly bound unto City of National City
as Obligee, in the sum of Fifteen thousand one hundred eighty two and 00/100
Dollars ($15,182.00 ) for which sum we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally by
these presents.
THE CONDITION of the above obligation is such
entered into a contract, dated July 30 , 19
to do and perform the following work to -wit:
the City of National City, for subdivision
that, Wher'as the Principal has
84 , with the Obligee
Subdivision improvements per code of
at 2125 Prospect Street
NOW, THEREFORE, if the said Principal shall well and truly rrform the work
contracted to be pPrformed under said contract, then this obligation shall be
void; otherwise to remain in full force and effect.
Signed .and sealed. this----_—. 8th day of July
. 19 84.
CERTIFICATE OF ACKNOWLEDGMENT — SURETY
STATE OF CALIFORNLA
COUNTY OF San Diego
On this 8th day of August
l SS.
•
19 84 , before me a
Notary Public in and for the said county, personally appeared Gary L. Timmons
personally known to be (or proved to me by satisfactory evidence) to be the person who executed the
within instrument as Attorney -in -Fact of Surety therein named and acknowledged to me that the Surety
executed it -
SEAL; .'-
.
;FFLlal Sf.A'_ _ .a
DO;IIINiQU
A?Y fU.3 !C C .IF,AYIIA 5
•... ,: Q!'.....n San Cocniy
I c .!%) /C. (j?? J7 c (
Trish Dominique / Notary Public
i
MERCHANTS BONDING COMPANY
3110 CAMINO DEL RIO SOUTH, SUITE 111, SAN DIEGO, CA 92108
Bond No. CA103946
PAYMENT BOND
PUBLIC CONTRACib
KNOW ALL MEN BY THESE PRESENTS, that Sylvia J. Mettler & Bernhard Mettler, individuals
as Principal, and Merchants Bonding Company (Mutual), an Iowa corporation author-
ized to execute bonds in the State of California, as Surety, are held and firmly
bound unto City of National City
as Obligee, in the sum of Fifteen thousand one hundred eighty two and 00/100
Dollars ($15,182.00 ) for which sum we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally by these
presents.
THE CONDITION of the above obligation is such that, Whereas the Principl on the
30th day of July , 19 84 , entered into a contract with the
Obligee for Subdivision improvements per code of the City of National City,
for subdivision at 2125 Prospect Street
NOW, THEREFORE, if the above -bounden Principal or his subcontractors fail to pay
any of the persons named in Section 3181 of the Civil Code of the State of Calif-
ornia, or amounts due under the Unemployment Insurance Cnae with respect to work
or labor performed by any such claimant, the Surety will pay for the same, in an
mount not exceeding the sum specified in this bond, and also, in case suit is
brought upon this bond, a reasonable attorney's fee, to be fixed by the court.
CERTIFICATE OF ACKNOWLEDGMENT — SURETY
STATE OF CALIFORNIA
COUNTY OF San Diego
On this 8th day of August 19 84 ,before me a
Notary Public in and for the said county, personally appeared Gary L. Timmons
personally known to be (or proved to me by satisfactory evidence) to be the person who executed the
within instrument as Attorney -in -Fact of Surety therein named and acknowledged to me that the Surety
executed it
I SS.
SEAL '.i'•L'-1 •...'1'J `s'..il rs �,,ir ;1i'lti .:�1,!+f.l ie:iS.�:.Yiin
' ,"..•:: .� ?I OM,r^.'.0 JF
i Y 'fl UC - (11IF0'J!A
jai Cllit� Ir 3 1Cieao -natY
t•.,(f]
risk Dominique
Notary Public
MERCHANTS BONDING COMPANY
-Murum.-
DES MOINES, IOWA
POWER OF ATTORNEY
Know All Men By These Presents. that the MERCHANTS BONDING COMPANY (Mutual). a corporation duly organized under the
laws of the State of Iowa, and having its principal office in the City of Des Moines. County of Polk. State of Iowa. hath made. constituted
and appointed. and does by these pesents nuke. constitute and appoint
Gary L. Timmons
of San Diego and State of California h.true and lawful Attorney -in -Fact. with lull power
and authority hereby conterred in its name. place and stead. to sign. execute. acknowledge and deloer in its behalf as surety.
Any and all bonds and undertakings in its normal course of business
and to hind the ME:RCHL\NI'S BONDING CO\1PA\Y (Mutual) therchs as full) and to the work• extent as it such hors or undenerkuu was
signed by the duly authormed officers of the MERCHANTS BONDING COMPANY (Mutual. and all the aces of said Attorney pursuant
to the authonty herein glen. are hereby ratifies' and continued
This Power-of-Attomcy is made and executed pursuant to and by authority of the following By -Law adopted by the Board of Directors
of the \1LRCHANTS BONDING COMPANY (Mutual.
ARFICLL 2. SECTION 5A -"The Chaimian of the Board or President or any Vice President or Secretary shall hase power and
authonty io appnnt \looney s-m-Fact. and to authorize them to etecutc on behall of the Company. and attach the Seal of the
Company thereto. honJs and undertakings. recogtuzancca. contracts ul indemnity and other wrltln_s ohIicalors nl the nature
thereof
In Nunes. Whereof. NIERCHANTS BONDING COMPANY (Mutual has mused these presents ur be .lined by its Vice Presidents. and
its corporate seal to he hereto affixed. this 12th day of January \.D.. 1983
Anew NIERCHANTS BONDING COMPANY i\lwuall
/7
Bc
STATE OF IOWA
COUNTY OF POLK
On this
12th day of January
Rodney Bliss III and William W. Warner
to me personally known. who tieing by me duly sworn did say that they are Vice Presidents respectively of the MERCHANTS BONDING
COMPANY (Mutual). the corporation described in the foregoing instrument. and that the Seal affixed to the said instrument r, the
Corporate Seal of the bald Corporation and that the said instrument was signed and sealed in behalf of said Corporation by uuthonty of
its Board of Directors
Iy.'R4f1f1RSI. Whereof
•fiG., W
�•?, •
0 •
1983
. before me aPl r. tied
I have hereunto set my hand and affixed my Official Seal. at the Coy. of Des Moines. Iowa the Jas and scar first
-r
•• T�RtAV'�
.• STAIT. 01- IOWA
.• ...... COUNTY OF POLK
L Rodney Bliss III, Vice
President
of the MERCHANTS BONDING CO\1P.ANl' (Mutual. do hereby certify that the ah,we and tore,vmr is a titre .mJ
correct copy of Inc POWER OF ATTORNEY. executed by said MERCHANTS BONDING COMPANY r\lur..an. slu,lt rs
.till in lorce and effect.
In Wanes. Whereof. I hasc hereunto set my hand and affixed the seal of the Company. at Des M, IA
this 8th Jay of August Iv. 84
This power of auunky expires upon revocation