HomeMy WebLinkAboutCC RESO 14,484RESOLUTION NO. 14,484
RESOLUTION AUTHORIZING THE CITY ENGINEER TO SIGN
AN IMPROVEMENT AGREEMENT BETWEEN SOUTHERN ADJUSTMENT
BUREAU, INC. AND THE CITY OF NATIONAL CITY
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 Southern Adjustment Bureau, Inc.
and the City of National City as it applies to the property located within the
2900 Block of East 18th Street.
PASSED and ADOPTED this 20th of November, 1984.
ATTEST:
day of
IMPROVEMENT AGREEMENT
FOR FAITHFUL PERFORMANCE OF WORK AND FOR LABOR & MATERIAL
THIS AGREEMENT, made and entered into this
5-7-4
-
, 19 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
i t '/ tr,, Ad vs/inemi d'vreov, /nc.
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
, hereinafter
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 al native 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-
re-
s,
and approved by the City Engineer, as shown on Drawings No. / 9G 7 - U
nd have been filed of record in the
office of the City fillfrle- , iv
-Deetenent—Ne 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
estimate
the City
pursuant
made by the City Engineer and has been approved by City, to which
of costs, 10% thereof has been added as required by ordinances of
of National City for public improvements and/or an amount computed
to the requirements of said ordinances has been added for land
development
made
City
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
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 improvementsrequiredunder the
provisions of this contract to be done on or before OC/Opep 20, /985
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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 780
a
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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I r
STATE OF CALIFORNIA)
COUNTY OF SAN DIEGO) ss
ON THIS 0/ DAY OF /12rwa,-x1:,) , 10Y BEFORE
ME, THE UN— DE IGNED, A NOTARY PUBLIC IN AND FOR SAID
COUNTY AND STATE, PERSONALLY APPEARED va,,
AND S Z.l -1 -44, KNOWN TO ME
TO BE THE PERSONS'JHOSE 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.
OFFICIAL SEAL
MELVA J. WISEMAN
NOTARY PUBUC - CAUFORNIA
SAN OtEGO COUNTY
My Comm. Expires Aug. 1, 1986
MY COMMISSION EXPIRES:
T
•
•
•
BY
9
OTARY-PUBLIC IN AND FOR
AID COUNTY AND STATE
Developer
ESTIMATED COMPLETION DATE:
THE CITY OF NATIONAL CITY
BE
CITY MANAGER
BY
NA -
CI NGINEER
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
1. Faithful Performance of Improvement Agreement.
Cash:
Form of: Per /ormo ice _Bond Trust & Agency $
Amount:
,a Few 00
Receipt No.
2. Labor and Material for Improvement Agreement.
Form of: iV/4
STATE OF CALIFORNIA,
COUNTYOF.SA'L DI- Ga-
On._ -_. November 5, 1984
said State, personally appeared
c
`m m
_n
E
II,
0i Signature_
)
Iss.
Cash:
Trust & Agency $
before me, the undersigned, a Notary Public in and for
Tim Lichty and
personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as XXXXXXX-
XXXXXXXXXXX President and XXXXXXXXXXsecretary,onbehalfof - SOUTHERN
ADJUSTMENT BUREAU, INC .
the corporation therein named, and acknowledged to me that
such corporation executed thewithin instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
Julie "Hilton
agigiginglegafiagiaMmigiammEme
OFFICIAL SEAL
JULIE HILTON
NOTARY PUBLIC - CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Exp. May 14. 1985
(This area for of
Iola no art
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I
i
., "Ohio Farm¢rS
Insurance Co.
Westfield Center, Ohio 44251
Performance Bond - California Public Work
Bond No. 505383
Premium $25.00MP
KNOW ALL MEN BY THESE PRESENTS:
That we, SOUTHERN ADJUSTMENT BUREAU, INC.
a
as Principal, and OHIO FARMERS INSURANCE COMPANY, a corporation organized
under the laws of the State of Ohio and duly authorized to transact a surety business
in the State of California, as Surety, are held and firmly bound unto
CITY OF NATIONAL CITY
as Obligee, in the sum of NINE HUNDRED EIGHTY AND NO/100
Dollars,
($ 980.00 ) for the payment whereof well and truly to be made, said Prin-
cipal and Surety bind themselves, their heirs, executors, administrators, successors,
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH, THAT WHEREAS,
the above bounded Principal has entered intozno a[is ,bite AN AGREEMENT
with the said Obligee to do and perform the following work, to -wit:
PARCEL TM LS-1-84, SIDEWALK, 19th STREET
STATE OF California
COUNTY OF San Diego
ACKNOWLEDGMENT OF SURETY
SS.
On this 24th day of October 19 84
OFFICIAL SEAL
CECILY M. GIPSON
NOTARY PUBLIC- CALIFORNIA
PRINCIPAL OFFICE IN
"""'• SAN DIEGO COUNTY
My Commission Expires April 15, 1988
, before me,
Cecily M. Gipson , a notary public, personally appeared
Dan G. Owens , personally known to me (or proved to me
on the basis of satisfactory evidence) to be the attorney -in -fact of Ohio Farmers Insurance Company of Westfield
Center, Ohio, who acknowledged that the seal affixed to the attached instrument is the Corporate Seal of said
Corporation, that said instrument was signed and sealed o behalf of said Corpo tion by authority of its
Board of Directors, and that he executed said instrument as . ch at.t ne • -in-fact an s the free act and deed
of said Corporation. / !1
BD 5772 (2-84)
Notary Publi
r
BD 5752 Calif.
By: ,Ala. ,-��,
DAN G. OWE_ ttorney-in-Fact
General
•Bawer
of Attorney
CERTIFIED COPY
,
Ohio Farmers Insurance Co.
Westfield Center, Ohio 81-06
Know All Men by These Presents, That OHIO FARMERS INSURANCE COMPANY, a corporation duly organized and existing under the laws of
the State of Ohio, and having its principal office in Westfield Center. Medina County. Ohio, does by these presents make, constitute and appoint
DAN . G ...0WENS
of SAN DIEQ_Q and State of ..CALIFORNIA its true and lawful Attorney(s)-in-Fact, with full power and
authority herebconferred in its name, place and stead, to execute, acknowledge and deliver ..ANY..AND.ALL . BONDS ,..RECOGNIZANCES,
UNDERTAKINGS, QR OTHER .I.NS.TRL %ENTS.OR..CONT.RACTS..OFSURETYSHIP..TO•INCLUDE•WAIIVERS•TO••THE
CONDITIONS..OF..CONTRACTS. AND.CONSENTS..OE.SURETY..
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of
the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said
appointment is made under and by authority of the following resolutions adopted by the Board of Directors of the Ohio Farmers Insurance Company:
"Be It Resolved, that the President, any Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full
power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company,
subject to the following provisions:
'Section 1. Attorney -in -Fact. Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company,
to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory
undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so
executed by any such Attorney -in -Fact shall be as binding upon the Company as it signed by the President and sealed and attested by the Cor-
porate Secretary." (Adopted at a meeting held on the 3rd day of July, 1957.)
'Be It Resolved, that the power and authority to appoint Attorney(s)-in-Fact granted to certain officers by a resolution of this Board on the
3rd day of July, 1957, is hereby also granted to any Assistant Vice -President." (Adopted at a meeting held on the 13th day of July, 1976.)
In Witness Whereof, OHIO FARMERS INSURANCE CfPAJJYhascausedthesepresentstobesignedbyits AU$T•.•.VICE..PRESIDENT ,
and its corporate seal to be hereto affixed this LL rdd dayof OCTOBER .A.D.,19.$I...
State of
County of
CALIFORNIA
ORANGE
OHIO FARMERS INSURANCEJCOMPANY
C z Yh /Li/t et-r/z fir✓ r
GRAHAM, JR., ASSISTANT VICE
PRESIDENT
By
On this 23rd dayof ...00TQGER A.D.,198I... , before mepersonally came .LOU.IS..Ci...GRAHAM,..JR.
to me known, who, being by me duly sworn, did depose and say, that he resides in ..SANTA. ANA ; that he is .ASST VICE . P.RESIDEt
of OHIO FARMERS INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said
Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;
and that he signed his name thereto)''ic..-zior - - ..
OFFICIAL SEAL
J. E. JERNIGAN
p.. NOTARY PUBLIC-CAUFORNIA I
• \i-4i PRINCIPAL OFFICE IN i
^ ORANGE COUNTY
CALIFORNIA
�_MY CISSION EXPIRES JAN. 24, 1984
. M.M
...ORANGE
State of
County of
ss.:
Notary Public
CERTIFICATE
JOHN W . COMBES ASSI S.TANT Secretary of the OHIO FARMERS INSURANCE COMPANY, do hereby
certify that the above and foregoing is a true and correct copy of a power of Attorney, executed by said Company, which is still in full force and
effect; and furthermore, the resolutions of the Board of Directors, set out in the power of Attorney are in full force and effect.
In Witness Whereof, I have hereunto set my hand and affixed the seal of said Com any at Westfield Center, Ohio, this ....24.th
dayof October A.D.,19 84
nw
�M.
LEPF?ERT
ENO I NIEER I NO CORPORAT ION
Date tOlOgi64
Job No riGI.01-ZI.84
ITEM
41`PIC.C. St DeW
Page No I OF I
130N O C r'T ESTI MATE -
TM : LS-I-84
Ii1 NIT
KNIT PPZE. ow43r.. COST
S.F * 2,10 530 * 891°° * 891 ao
TOTAL.
SUB-(OT .L.: 8,1 co
IO% C.ONTIN6E44-Y 891c
r
51c' F3OND AMOUNT' .
417 ,3O
0DH44 D. LEPPEI--T
#AGE 2 b283 10*4
EXH/B/ r ''B
P.O. BOX 24022, SAN DIEGO. CA 92124
(619) 562-8814 292-5729
J
•
SD
PROPOSED IMPROVEMENrs:
TM CASE No. Ls--1-84-
CoNsrRucr 330 scp. Fr
SIDEWALK ALONG FRONrAgE �.
OF 19 a STREET
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L Wir EN6y J y
Po 8oX 246
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