HomeMy WebLinkAboutCC RESO 14,066RESOLUTION NO. 14,066
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA
AUTHORIZING THE CITY ENGINEER TO EXECUTE
AN IMPROVEMENT AGREEMENT WITH
PLAZA BOULEVARD ASSOCIATES
(Mc Donald's Restaurant)
WHEREAS, Plaza Boulevard Associates, a California
Limited Partnership, has submitted a final map to divide a
parcel of property located within the 1300 block of Grove
Street, west side, and on the south side of Plaza Boulevard;
and
WHEREAS, Resolution No. 14,007 adopted March 15,
1983, approved Planned Development Permit No. PD-1-82 and set
the following conditions of approval prior to Final Map
approval:
1. Enclosure of Paradise Creek by a
properly designed structure;
2. An additional vehicle lane, 12 feet
wide, to be constructed between the
I-805 northbound off -ramp and Grove
Street as a widening of Plaza
Boulevard;
3. Construction of cul-de-sac at the
intersection of Grove and 14th
Streets;
4. Installation of a street light at the
south end of the cul-de-sac;
5. Adequate landscape/irrigation for the
area; and
WHEREAS, Developer has submitted an irrevocable
Letter of Credit in favor of the City of National City in the
sum of $282,000 as security to guarantee the faithful
performance of the Improvement Agreement;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of National City that the City Engineer be and is
hereby authorized and directed to execute an Improvement
Agreement with Plaza Boulevard Associates, Developers for
ATTEST:
PASSED AND ADOPTED this 14th day of June, 1983.
CITY CLERK
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this
1st
day of June , 19 83 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
Plaza Boulevard Associates, A California Limited Partnership
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 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. .✓5,S'/9. ? Z1AlnUyA
,5,5.32I) (/312, nvi. gs)
office of the City Clerk on
Document No.
and have been filed of record in the
/ 51 , 19 K. ,
‘Igly o2 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 rv/y 1/ /984
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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
se
improvement security in the sum of 3282, WU ^ 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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the partnership that executed the within instrument, and
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acknowledged, to me that they Executed the same on
behalf of f/'1 ,.t "455,^C'i-e
a partnership, and that
said last named partnership executed the same.
WITNESS my hand and
official seal.
Signature / / f i zZ S✓!/
THE CITY OF NATIONAL CITY
Plaza Boulevard Associates TOM G. McCABE
A California Limited Partnership CITY MANAGER
B
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IMPROVEMENT COMPLETION DATE:
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
BY
CITY ENGINEER
Cash:
Form of: 4...rw '&Z /e /e/ e," �T Trust & Agency $ 282 DOD o0
cred'rii-cn BQnk at.4/neizco
Amount: Receipt No.
CAT. NO. NN00637
TO 1955 CA (7-82)
(Partnership as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF _Sat! P'(-Y. O ss
TITLE INSURANCE
AND TRUST
AT1C011 COMPANY
On TUit.', .3 / 96' j before me, the undersigned, a Notary Public in and for
said State, personally appeared 77/;71/rC .SAIVX7L--.R
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as .39,,P/'+/ /'t/Y// rr— of the partners of r/i2'..! _' 4 .! 6.LccC .--1"-3
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(This area for official notarial seal)
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Place:
BANKoFAMERICA
INTERNATIOJAL BANKING OFFICE #1263
P.O. BOX X1003 SAN DIEGO, CA 92112
Cable Address: BankAmerica
Date: JUNE 8, 1983
17
IRREVOCABLE
STANDBY LETTER OF CREDIT
All drafts must be marked:
"Drawn under Bank of America
credit no. SDSB-11870 "
Advising bank reference no.
Advising bank
For account of
DAVE SNYDER
1450 UNIVERSITY AVENUE, SUITE 202
SAN DIEGO, CA 92103
To beneficiary
CITY OF NATIONAL CITY
1243 NATIONAL CITY BLVD.
NATIONAL CITY, CA 92050
Amount
U.S.$282,000.00 (T110 HUNDRED EIGHTY TWO
THOUSAND AND NO/100 UNITED STATES
DOLLARS)
Expiration date
Gentlemen: 0 This refers to preliminary cable advice of this credit.
We hereby establish our irrevocable letter of credit in your favor available by your drafts drawn at SIGHT
on
and accompanied by documents specified below:
YOUR SIGNED STATEMENT CERTIFYING THAT DAVE SNYDER FAILED TO COMPLETE IMPROVEMIENTS IN
THE CITY OF NATIONAL CITY AS A CONDITION OF A LOT SPLIT FOR PROPERTY LOCATED AT THE
SOUTHEAST CORNER OF PLAZA BOULEVARD AND INTERSTATE 805 IN THE CITY OF NATIONAL CITY,
STATE OF CALIFORNIA.
COVERING GUARANTEEING THE COMPLETION OF ON AND OFF SITE IMPROVEMENTS IN THE CITY OF
NATIONAL CITY, STATE OF CALIFORNIA, AT THE FOLLOWING LOCATIONS AND AMOUNTS. #1
PORTIONS OF GROVE STREET AND 14TH ST. IN THE AMOUNT OF $16,550.00. 12 SOUTHSIDE OF
PLAZA BLVD. BETWEEN I805 AND GROVE ST. IN THE AMOUNT OF $34,821.00. #3 PARADISE CREEK,
BETWEEN GROVE ST. AND I805 IN THE AMOUNT OF $205,585.00 PLUS A CONTINGENCY AMOUNT OF
$25,044.00.
* * * * is * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
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,
Advising bank's notification
Place, date. name and signature of the advising bank.
CB
r..ss
Authorized counter signature Authorized signature
Fx. I SZr.Qs'/4pY4440 10FP6A
AUTHORIZED OFFICER /