HomeMy WebLinkAboutCC RESO 13,971RESOLUTION NO. 13,971
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA
AUTHORIZING THE CITY ENGINEER TO EXECUTE IMPROVEMENT
AGREEMENTS WITH SWEETWATER TOWN AND COUNTRY
WHEREAS, Sweetwater Town and Country has submitted a
Final Map to subdivide 7.705 acres into four (4) parcels;
and
WHEREAS, Planning Commission Resolution No. 51-82
approving the Tentative Map set conditions of approval to be
completed prior to Final Map approval,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of National City that the City Engineer is hereby
authorized and directed to execute those certain improvement
agreements to ensure completion of the following conditions
of approval:
(1) Installation of monuments to adequately indentify
the parcels; and
(2) Construction of public improvements, including
but not limited to, storm drains, sewers, retaining walls,
landscaping and irrigation, and excavation.
PASSED AND ADOPTED this 8th day of February, 1983.
ATTEST:
day of
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
, 19 4e , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
_to Sweetwater South Town Bay T& Countryown,& Coformeuntrlyry known as
nt
, 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
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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,
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and /approved by the City Engineer, as shown on Drawings No. 51�G-1D, ?Ssi4 ,4rck'-
/ec/,s Days, No. CE-2 , CE-J and have been filed of record in the
office of the City Clerk on �� f , 19 13 ,
Document No. 48 4//2 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, 1O% 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 ec... ! er,.9/ /?6 5
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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 $39,020.00 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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Sweetwater Town & Country,
formerly known as
South Bay Town & Country,
BY
By
IMPROVEMENT COMPLETION DATE:
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
BY
Cash:
Form of: Bond Trust & Agency $
Amount: $39,020.00 Receipt No.
this
I HEREBY APPROVE the form and legality of the within agreement
Apt day of c��-4 yo/y, 19.73 .
DOALD Mc EAN, JR.
City Attorney
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SB
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,FIND.
-TCHER &
ORMiNI)E- January 4, 1983
14935.54
Planning
I)esiv)
Consultation
City of National City
1243 National Avenue
National City, CA 92050
ATTENTION: John Pachon
Acting City Engineer
1:Y
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L \J
JAIJ 05 1983
CITY
SUBJECT: Sweetwater Town & Country Shopping Center
Phase II
Dear John:
�:-.)
IJa
We have reviewed your comments of January 3, 1983 on our es-
timate for the grading work on this project submitted to you
on December 10, 1982. Our revised estimate for this work is
as follows:
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE COST
1. 4,000 C.Y. Excavation $ 3.00 $12,000
2. 100 L.F. 18" RCP 47.00 4,700
3. 1 Ea. Type "G" CB 2,500.00 2,500
4. 2,100 S.F. Slope Planting & 0.25 525
Irrigation
5. 550 S.F. Retaining Wall 10.90 5,995
6. 300 L.F. Drainage Ditch (D-75 Mod.) 10.30 3,090
7. 7 C.Y. Rip Rap 90.00 630
Subtotal $29,440
Contingency (10%) 2,960
TOTAL $32,400
This estimate is in accordance with our final grading plans
as approved by your office. We understand that the deposit
by the developer for City fees for the work should be 3% of
$32,400 or $972.
:lvli. ENGINEERING • • TRI (:'I'CRAI. I:NGINI:I•:RIN(, • i.a\l( til liv1;vING
3fi15 hwunc Villa timid. tiuiti -2OI • tiara I)iIgu, (:aliFoniii • 9-212:i • (7111 dill-Ilil
Continued/
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EXH/B/ r
L""-^�r' C'7'
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.FIND.
.7(11ER S:
UR)IUNTIE.
INC.
Hann*
Design
Cunsultatiun
January 4, 1983
14935.55
City of National City
1243 National Avenue
National City, CA 92050
ATTENTION: John Pachon
Acting City Engineer
SUBJECT: Sweetwater Town & Country Shopping Center
Phase II Sanitary Sewer Extension
Dear John:
Per your comments on our cost estimate of December 23, 1982
for the subject project, we have revised this estimate as
follows:
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE COST
1. 149 L.F. 8" V.C.P. $ 22.00 $3,278
2. 1 Ea. Sewer Manhole 1,520.00 1,520
3. 2 Ea. 4" Sewer Lateral 610.00 1,220
Subtotal $6,018
Contingency (10%) 602
TOTAL $6,620
This is a cost estimate only, based upon representative prices
and the City of San Diego unit prices for preparing construction
bond estimates effective January 1, 1982. The engineer is not
responsible for fluctuations in the cost of labor or materials.
We understand the deposit for city fees for this work will be
3% of $6,620 or $198.60. Please review this estimate and give
us your comments at your earliest convenience.
Very truly yours,
SAFINO„ BjJTCHER 0 ONDE, INC.
Wesley J(. Zic r
Projec j( Engin er
WKZ:sds
cc: Collins Development Co./E. Tyler Miller
Collins General Contractors/John M. Carhart
SGPA/Ted Brumleve
CICII. ENGINI:EKING • STRUCTUIL\I. ENGINEERING • L.\NI)
:MI5 Kcal -fly Villa Road. quite I)l • pan •'.1_2h_':3 • (744) 5611-Ilil
Bond No...94El14.44
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND
Subdivision Performance Bond
KNOW ALI. MEN BY THESE PRESENTS, That
WHEREAS, the CITY OF NAT.I.QNAL...C1.TY
COLLINS DEVELOPMENT COMPANY
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
permit no. 292
certain designated public improvements, which said Xgte ]ttlttd, dated .D.CQ.rab.er 2.3 , 19..8.2 ,
and identified as project SWEETWATER TOWN AND COUNTRY — PHASE II
{intersection of Sweetwater Road a Edgemere Ave. — g.r.ad.ing....impro..ements
BALTIMORE, MD. 2 t (�
r `i �:
fit+►►ONALk.0 caT.
ENGINEERING 9
and
only}
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY .AND DEPOSIT COMPANY OF MARYLAND, as surety, are
Cty
held and firmly bound unto b}le...C.i.x.y....0.f....N.dtiD.l'].al.. Fielreihaf. "City"
y ter called
in the penal sum of T.H.I.RTY....N.I.NE...TEiO.U.SAND....T.WENT.Y...AND....N.ollnn------------------
Dollars ($..3.9.,.020..g0
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,
to he kept and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless ....City , its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by ..C.1 ty
in successfully enforcing such obligation, all to he taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration ur addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
Alanu.ar.y 13
Coll. ns Developme, t Company_
By:
FIDELITY A DEPOSIT COMPANY OF MARYLAND
Bv:
C 2265(CA) - IM. I.H2 21$609
homas H. S mes, ii1
Attorney -In -Fact
EXH/B/T
STATE OF CALIFORNIA
COUNTY OF --SaC1._ A-te 0
SS:
On Januar_y.___13.1...1983 , before me, the undersigned, a Notary Public of said county
and state, personally appeared Thomas H. Symmes, III
known to me to be the Attorney -in -Fact of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation
that executed the within instrument, known to me to he the person who executed the within instrument on
behalf of the corporation therein named, and acknowledged to me that such corporation executed the same.
VAINOtiYw•°W°°nY°1°°':.°s°°WL1,b°•L° a%%
OFFICIAL SEAL
WILMA iMcCULLOUGH
NOTARt PUBLIC • CALIFORNIA:.
PitINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires July 13, 1984
h•°Yr°tiYr:.VL1�`°V%.%1Y°Y°'L ieWe
To 1944 CA 18.74)
(Individual)
STATE OF CALIFORNIA
COUNTY OF
SAN DIEGO ss.
_b'oEary Yzt c'
TITLE INSURANCE
AND TRUST
AMON COMPANY
On _ January 13, 1983 _ _.._before me, the undersigned, a Notary Public in and for said
State, personally appeared Robert A. Schroeder
, known to me
to be the person. _—_whose name. 15_ ._subscribed
to the within instrument and acknowledged that —he
executed the same.
WITNESS my. hand and official seal.
Signature
fR(12)15
Los Angeles 210982
7
% sail 'a '*oN 'dig uassiutua3 4y
1 Alum dab ues w a3I40 IK`.aaltd
YiNdol =Y= - Oi18nd PJYION
AVM -I 3NY10
i. 1Y3s �O
Ike�.4K smesi as
(This area for official notarial seal)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE, MD.
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY .AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by ;: ':jL J. PLUNIOPT , Vice -President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
SEC. 2. The President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially author-
ized so to do by the Bard of Directors or by the Executive Commirtee, shall have power, by and with the concurrence of the Secre-
tary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -Fact
as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,
undertakings, recognizances, stipulations, policies, contracts, agreements. deeds, and releases and assignments of judgments, decrees,
mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Com-
pany may require, and to affix the seal of the Company thereto.
does hereby nominate, constitute and appoint Thomas H. Symmes, III of San Diego, California
its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings
nt execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Thomas H. Symes, III, dated,
March !t, 1974
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the 13y-Laws of
said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DICPOSIr COMPANY OF MARYLAND, this
4th day of June , A.D. 19 79
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
.A ssistant .Secretary
By
STATE OF \f;tRYI..tND 1 SS:
IM CITY OF BALTORE
On this 4th day of June , A.D. 19 79 before the subscriber. a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the FIDELITY AND DE:Posrr COMPANY OF MARYLAND, CO Inc personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and stitch, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation,
IN TESTIMONY WHEREOF f Dave hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written.
Notary Public Commission Expires..Ju-1,Y. .
CERTI FICATE
82
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF :MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said Power of Attorney was one of the additional Vice -Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEeosir COMPANY of MARYLAND at. a meeting duly called and held on the 16th day of July, 1969.
REsoi.vED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company-, ..'hcther
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, i have hereunto subscribed my name and affixed the corporate seal of the said Company, this
13th day of ...January .19 a3
J.1128C tf.-I,1J, 9-79 208873
Assist o.J Secretary
3 , day of e 7�
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this /5/t4
NATIONAL CITY, a
, 1943, by and between THE CITY OF
municipal corporation, hereinafter called
"City", and Sweetwater Town & Country, formerly known as
South Bay Town & Country , 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 Pa'rce/Q olio/ 2 O pursuant to the
swecfevof� Tourer �- G'o 'n iy •
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
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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
00
City an approved improvement security in the sum of $ 800 -
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.
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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.
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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.
Sweetwater Town & Country,
formerly known as
South Bay Town & Country
alkoWair
'•" ROVEMENT COMPLETION DATE:
IMPROVEMENT SECURITY FOR
Monuments:
Form of: Bond
Amount: $800.00
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
By
City Enginee
I HEREBY APPROVE the form and legality of the within
agreement this /`fd day of , 19 e3 .
DONALD cLEAN, JR.
City Attorney
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s
B
0
Planning
I l� slum
Cmisullatinn
January 25, 1983
14935.53
Mr. John Pachon
Acting City Engineer
City of National City
Office of the City Engineer
1243 National City Boulevard
National City, CA 92050
SUBJECT: Sweetwater Town & Country Phase II
Council Resolution 51-82
Dear Mr. Pachon:
This letter is to verify our estimate for the cost of setting
the required monuments as shown on the Final Map for the sub-
ject project. Our estimate for the cost of such field surveys
is $800.
If you have any questions on this estimate please contact us.
Very truly yours,
SAFINO, BUTCHER &RMONDE, INC.
Wesley Kf'Zicker
Project Engineer
WKZ:sds
NATIONAL CITY
ENGINEERING DEPT.
BY
I:I\ IL I:NliIN}I•:RINc • -TIi1l;T1l1.\I, E\(;INI:I•:RI\I; • L.\NI) S1 R\ 1YIN1;
:;615 K' ,int \ i!I,i livail. Suite •III • S,in I)ir to. 1 aliImiia • 9-2I•2:i • (7I.41 50)-11i1
EXf//B/r .4"
Bond No 9401445
Fidelity and Deposit Company
HOME OFFICE OF MARYLAND
BALTIMORE, MD. 21203
Subdivision Performance Bond
KNOW ALL MEN BY THESE PRESENTS, That
WHEREAS,..th.e...CITY....Of...NAT.I.ONAL...CI.TY
COLLINS DEVELOPMENT COMPANY
and
(hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete
permit no. 292
certain designated public improvements, which saidxgtmemettt, dated Dec_e.m.E?er a. , 19 82
and identified as project S1J.E.E.TMATE.R....T.OM AND ... COWRY . -.. PHASE ....II
{.in.ter..s.ac.t.i.on...o.f Sweetwater R.o.ad...&_..Edgem.er.e...A.ve• — monuments only}
is hereby referred to and made a part hereof; and
WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance
of said agreement.
NOW, THEREFORE, we, the principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, as surely, are
held and firmly bound unto ..City of National C 7,tb(ereinafter called ^C ityn
in the penal sum of EIGHT. jHUIZTDRED AN.D. NO/.0 .10 -
ts1 Dollars ($ ...8 :no ..0.0.
lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators,
successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,
conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part,
to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent
and meaning, and shall indemnify and save harmless ....City , its officers, agents and employees, as therein stipulated,
then this obligation shall become null and void; otherwise it shall he and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included
costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City
in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the
agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect
its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to
the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on
January 13 , 19...15....
Cal.l.i S...Development 'Company_._
By: .._-
FIDF.BITEPOS COMPANY OF MARYLAND
C 224](CA)-..1%1. 1.92 21409
Thomas HASymmes; 'III
Attorney —In —Fact
EXH/e/
STATE OF CALIFORNIA
ss:
COUNTY Or ----S-do-..D te,9 o..
On J4nuary---13-3_-..1.983. , before me, the undersigned, a Notary Public of said county
and state, personally appeared Thomas H. Symmes, III
known to me to be the Attorney -in -Fact of the FIDELITY AND DEPOSIT COMPANY OF NIARYLAND, a corporation
that executed the within instrument, known to me to he the person who executed the within instrument on
behalf of the corporation therein named, and acknowledged to me that such corporation executed the same.
as c� (>1-I2IAL SEAL i '. '�
IYIL:1A i.1C ULLOUCH ?
��� % t� �7
1 >r/zC
loi,hot. P.;u:,C � C:.IIFORNIA o° Notary P2fb
P,N:!:JvAi OFFICE IN i
`• =°' SAN WEGO COUNTY BR(12)I5
My Commission Expires July 13. 1954 Los Angeles 210982
TO 1944 CA 18.7a)
(individual)
STATE OF CALIFORNIA
SAN DIEGO
COUNTY OF — ---._
fY
TITLE INSURANCE
AND TRUST
•neon COMPANY
SS.
On January 13, 1983 _ _ _before me, the undersigned, a Notary Public in and for said
State, personally appeared_ Robert A. Schroeder_
_ , known to me
id
a to be the person_ —whose name_. _1S .— subscribed
mto the within instrument and acknowledged that— he _
Iexecuted the same.
WITNESS my hand and official seal.
Signature r/ n
OFFICIAL SE L
DIANE L KAy
NOTARY PUBLIC - CAtlfORNIA
N''rineyal Office in San Diego Coup
_MY Corinsisaion Exp. Nov. 29, 1985
agaS
(This area for official notarial seal)
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
HOME OFFICE: BALTIMORE. MD.
KNoav ALL'AIFN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corpora-
tion of the State of Maryland, by j''T; f, J. PLUNKETT , Vice -President, and C. W. ROBBINS ,
Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Com-
pany, which reads as follows:
SE:c. 2. The President, or any Executive Vice -President, or any of the Senior Vice -Presidents or Vice -Presidents specially author-
ized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secre-
tary or any one of the Assistant Secretaries, to appoint Resident Vice -Presidents, Assistant Vice -Presidents and Attorneys -in -fact
as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds,
undertakings, recognizanecs, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgments, decrees,
mortgages and instruments in the nature of mortgages, and also all other instruments and documents which the business of the Com-
pany may require, and to alliix the seal of the Company thereto.
does hereby nominate, constitute and appoint Thomas H. Symmes, III of San Diego, CaliforrLi
its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as
surety, and as its act and deed: any and all bonds and undertakings
: n e execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said
Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged
by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
This power of attorney revokes that issued on behalf of Thomas H. Symes, III, dated,
March 4, 1974.
The said Assistant Secretary does hereby certify that the aforegoing is a true copy of Article VI, Section 2, of the By -Laws of
said Company, and is now in force.
IN WITNt•:ss \VIlERror•, the said Vice -President and Assistant Secretary have hereunto subscribed
their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this
4th .......... day of June „A D 19 79
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
ATTEST:
Assistant Secretary
By
STATE OF \IARv1..1 ND 55:
CITY ':1' BAI.TIMOR J
Do this 1Lth day of June , A.U. 19 79 before the subscriber, a Notary Public of the State of
Maryland, in and for the City of Baltimore, duly commissioned and qualified, came the above -named Vice -President and Assistant
Secretary of the F/nEL!TY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described
in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,
severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed
to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation.
IN TESTIMONY WIIERtioF al..e hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year
first above written. aUTr,,,
•• OTAR s.
Y'to
of Pr
PUB LICJp i
[Mop.
Notary Public Commission Expires..J14Y 1
CERTI FICATE
82
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT CONIPASY OF MARYLAND, do hereby certify that the original
Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I
do further certify that the Vice -President who executed the said I'ower of Attorney was one of the additional Vice -Presidents spe-
cially authorized by the Board of Directors to appoint any Attorney -in -Fact as provided in Article VI, Section 2 of the By -Laws of
the FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the
FIDELITY AND DEPOSIT ('c rPa.Y OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969.
RESoI.VI•:D: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company, whether
made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Compauv, shall be
valid and binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this
13.th._day of J.anuar.y 19a3...
L1428(;tf.--I M. 9-79 208873
Assist Secretary