HomeMy WebLinkAboutCC RESO 14,517RESOLUTION NO. 14,517
RESOLUTION AUTHORIZING EXECUTION OF AN
IMPROVEMENT AGREEMENT (INCLUDING MONUMENTATION)
BETWEEN THE CITY OF NATIONAL CITY AND
CONRADO AND ALMA CARAET
(3121 E. 2nd Street)
BE IT RESOLVED by the City Council of the City
of National City that the City Engineer is hereby authorized
to execute an Improvement Agreement for Faithful Performance
of Work and for Labor & Material & Monumentation between
Conrado and Alma Caraet and the City of National City as it
applies to property located at 3121 E. 2nd Street, National
City.
PASSED AND ADOPTED this 18th day of December, 1984.
ATTEST:
CITY CLERK
and approved by the City Engineer, as shown on Drawings No. 56 Q -.1)
and have been filed of record in the
4574140
office of the City 4,014rt on _ 19
-acopy 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 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 eA7 I, / 99C
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and approved by the City Engineer, as shown on Drawings No. 5 6G O _2)
and have been filed of record in the
f i%!eC/
office of the City on �Q
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 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 eJ # /� / 9BC
-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 ctatA of ralifornia applicable tnlsaid 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 securityin the sum of 2
p 'a//Z% — 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 Pr^viding therefor,nor chal' anything herein stAted1.c.ommi.t 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 installatton 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
improvpment security chatl 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 L , 191 BEFORE
ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND OR SAID
COUNTY AND STATE, P RSONALLY APPEARED �eiu .c�Lv Cat
AND KNOWN TO ME
TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE
WITHIN INSTRUMENT, AND ACKNOWLEDGED TO ME THAT THEY
EXECUTED THE SAME. THE CITY OF NATIONAL CITY
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND
AFFIXED MY NOTARIAL SEAL, THE DAY AND YEAR IN THIS
CERTIFICATE FIRST ABOVE WRITTEN.
COMMISSION P r$: TOM G. McCABE
•
�CITY MANAGER
•:._ OFFICIAL SEAL
MARIAN V HARROLD
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
My comm. expires DEC 16, 1987 NOTARY PUBLIC IN AND FOR
COUNTY AND STATE
h, C
cQc ���DkLL C/
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In
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�J:J111 11111'11•,,
Developer
ESTIMATED COMPLETION DATE: fan /� /98
IMPROVEMENT SECURITY FOR
Subdivision Improvements: / �t
1. Faithful Performance of Improvement Agreement(/0O% 0(//!!p/OVe/ en/s 0i 4440-
Cash: Me/1/011 ron/
Form of: /t/'CvoG?6/e Le//., ofC,d/Trust & Agency $ Alit
(Ronk otAfine/ica Coed No. LAMP' 906/3)
Amount: d bie /27 —
Receipt No.
/A
-6-
For (''AZALT
Job No •
1-,,l69 By:
ESTIMATE
Algert Engineering, Inc.
428 Broadway
Chula Vista, California 92010
(619) 420-7090
Checked By:
Dote: i/J f�
4-
. NO.
ITEM
QUANTITY
• UNIT I
UNIT ;1 PRICE
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PRICE
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12..v .e- G�'-+Cu 770I
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CIVIL ENGINEERS • PLANNING CONSULTANTS • SURVEYORS
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Place:
BANKOFAMERICA
INTERNATIONAL BANKING OFFICE #1263
P.O. BOX X1003 SAN DIEGO, CA 92112
Cable Address: BankAmerica
Date: DECEMBER 5, 1984
7
IRREVOCABLE
STANDBY LETTER OF CREDIT
All drafts must be marked:
"Drawn under Bank of America
credit no. LASB-90613•"
Advising bank reference no.
Advising bank
For account of
CONRADO & ALMA CARAET
3135 E. SECOND STREET
NATIONAL CITY, CA 92050
To beneficiary
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 92050
ATTN: JERRY STAFFORD, CITY ENGINEER
Amount ••
U.S.$14,127.52 (FOURTEEN THOUSAND ONE
HUNDRED TWENTY SEVEN AND 52/100 UNITED
STATES DOLLARS)
Expiration date
Gentlemen:
We hereby establish our irrevocable letter of credit in your favor
AMERICA, SAN DIEGO CCAI4FORNIA FOR
and accompaniedy documents speci iebelow:
SIGNED STATEMENT FROM THE CITY OF NATIONAL
HAVE FAILED TO COMPLETE DRIVEWAY IMPROVEMENTS
FOR PROPERTY LOCATED AT 3121 E. SECOND STREET,
COVERING GUARANTEE OF COMPLETION OF DRIVEWAY
A LOT SPLIT ON PARCEL 1, PARCEL MAP 6620,
THE CITY OF NATIONAL CITY, CALIFORNIA, IN
EXHIBIT "C" WHICH IS ATTACHED TO IMPROVEMENTS
NATIONAL CITY.
THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS
(1983 REVISION) INTERNATIONAL CHAMBER OF COMMERCE
* * * * * * * * * * * * * * * * * * * * *
cable advice of this credit.
Ott WITH BANK OF
AT SIGHT ON US
& ALMA CARAEL
OF A LOT SPLIT
OF CALIFORNIA.
IN CONNECTION WITH
5660-D ON FILE WITH
IN ACCORDANCE WITH
WITH THE CITY OF
CREDITS
400.
* * * * * * * * * *
• This refers to preliminary
available 40KX 1(Xkf1oC4igC9(
PAYMENT BY YOUR DRAFT
CITY STATING THAT CONRADO
REQUIRED AS A CONDITION
NATIONAL CITY, STATE
IMPROVEMENTS REQUIRED
AS SHOWN ON DRAWING NO.
THE AMOUNT OF $14,127.52
AGREEMENT ON FILE
AND PRACTICE FOR DOCUMENTARY
PUBLICATION NO.
* * * * * * * * * * *
We hereby engage with you that all drafts drawn under and in
compliance with the terms of this credit will be 'duly honored
if drawn and presented for payment at this office on or before
the expiration date of this credit.
Sincerely yours,
CB
• X• ,9
Authorized counter signature Authorized signature
Advising bank's notification
Place, date, name and signature of the advising bank.
FX-152x (fp-Bf) Bank of Am.nce NTBSA
SCALE: 1 =20'
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