HomeMy WebLinkAboutCC RESO 14,100RESOLUTION NO. 14,100
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA
AUTHORIZING THE CITY ENGINEER TO EXECUTE
AN IMPROVEMENT AGREEMENT WITH CANYON PARK TOWNHOMES
BE IT RESOLVED by the City Council of the City of
National City, California, that the City Engineer is hereby
authorized to execute that certain Improvement Agreement
between the City of National City and Canyon Park Townhomes,
a general partnership, in conjunction with Final Map
approval for property located on the west side of Euclid
Avenue and just north of 24th Street.
PASSED AND ADOPTED this 26th day of July, 1983.
ATTEST:
W Y
r"^
CITY C
day of
IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 27th
July , 19 83 , by and between the CITY
OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and
Canyon /mark Toscrnfiomes, a G r / 7atkers4,,p , 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,
-1-
and approved by the City Engineer, as shown on Drawings No. 5534- D, .5537-13,
5538-D, .5539-D and have been filed of record in the
office of the City Clerk on
69090, 69091
Document No. 69092, 69063
July 26
, 19 83
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 /fv_9vJ f /O, /984e .
-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 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
as
improvement security in the sum of 94; 52 7. 64 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.
-3-
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 otheP 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
-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
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.
-5-
THE CITY OF NATIONAL CITY
TOM G. McCABE
CITY MANAGER
BY
De ve%Pe/'
Deve/oper's SSy/7a/vie
ev/i//7eS.S� y,
SpJ 7//4,45
IMPROVEMENT COMPLETION DATE: Ir/9UST /O, /9840
IMPROVEMENT SECURITY FOR
Subdivision Improvements:
Form of:
Amount:
this
"76,327.64
Cash:
Trust & Agency $
Receipt No.
I HEREBY APPROVE the form and legality of the within agreement
28th day of July , 19 83
ALD F. M EAN,
City Attorney
-6-
.946
BIGGS
ENGINEERING CORPORATION
CIVIL ENGINEERING DIVISION
Engineer's Bond Estimate
Project: Canyon Park Townhomes.
Job No. 83.117
Date: July 12, 1983
UNIT ITEK
NO. ITEM QJANTITY UNIT PRICE PRICE
GRADING $ UTILITIES
1. Excavation 950 C.Y. $ 3.00 $ 2,850.00 "--
2. Embankment 222 C.Y. 3.00 666.00 -
3. Export 728 C.Y. 5.90 4,295.20 v
4. A.C. Paving $ Base 11,650 S.F. 1.21 14,096.50
5. Retaining Wall 1,350 S.F. 10.90 14,715.00
6. 6" Vertical Curb 825 L.F. 9.30 7,672.50 '
7. 8" P.V.C. Drain Pipe 298 L.F. 20.00 5,960.00 "
8. Catch Basin 10 EA. 150.00 1,500.00
9. 12" P.V.C. Drain Pipe 293 L.F. 20.00 5,860.00
10. 18" R.C.P. 20 L.F. 47.00 940.00
11. 2' P.C.C. Swale 460 L.F. 10.30 4,738.00
12. 6" Type "G" Curb 25 L.F. 9.30 232.50 r
13. Concrete Lug 1 EA. 594.00 594.00 -'
14. G-8 Sidewalk Ramp 1 EA. 400.00 400.00 '
15. Driveway 260 S.F. 2.70 702.00 ✓
16. 8" P.V.C. Sewer Main 126 L.F. 18.20 1,033.20 ✓
17. 6" Sewer Lateral 4 EA. 675.00 2,700.00
18. 4" Sewer Lateral 17 EA. 610.00 10,370.00
19. 6" P.V.C. Sewer Main 160 L.F. 17.00 2,720.00 ✓
20. Sewer Manhole 1 EA. 1520.00 1,520.00 ''
21. Sewer Cleanout 4 EA. 250.00 1,000.00 ✓
22. 3 1/2" P.C.C. Sidewalk 1,275 S.F. 2.50 3,187.50
TOTAL COST $ 87,752.40 "
10% CONTINGENCY $ 8,775.24
TOTAL COST + 10% $ 96,527.64
C%eckec' 6y J, paciioa on 7/.5/B.3
EXN/B/T 'B
2727 HOOVER AVENUE • NATIONAL CITY, CALIFORNIA 92050 • (619) 474-4659
EXECUTED IN TRIPLICATE
Bond No.
1032877
Subdivision imrrovement Bond
Faithful Performance
KNOW ALL MEN BY THESE RESENTS:
That
Premium: $1,931.00
Canyon Park Townhanes, A General Partnership
as Principal and Amaest Surety Insurance Company
a Corporation organized and existing under the laws of the State of
and authorized to transact surety business in the State of Calif. , as
Calif. •
>
Surety, are held and firmly bound unto The City of National City.
as Obligee, in the sum of Ninety Six Thousand Five Hundred Twenty. Seven & 00/100.
Dollars (t96,527.00
) for the payment whereof,
veil and truly to be made, said Principal and Surety bind themselves, their heirs,
administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, That Whereas, T'ne Principal on
July 15, , 1983
entered into a certain Agreement or ContrEct with the
Obligee wherein the Principal agreed tc complete the following improvements:
Grading and various subdivision improvrents as per Engineer's Bond Estimate letter
dated July 12, 1983, Prepared by Biggs Engineering Corporation.
as more fully set forth in said Agreement.
NOW. THEFE"OFF, if the Principal shall well and truly perform and fulfill all of
the covenants, terms and conditions of the said Agreement, then this obligation
shall be null and void; otherwise to remain in full force and effect. Provided,
however: 1) That the consent of Surety shall be required for any extension of time
to complete said improvements; 2)That no right of action shall accrue hereunder
to or for the benefit of any person, firm or corporation other that the Obligee
named herein.
Signed, sealed and dated July 15,
, 19 83.
Canyon Park Townha es, A General Partnership Anaaest Surely Insurance Company
Principal
t
By: Andy FatistAttorney-in-Fact
1400_6th_ Z3ve— 41 fli , San D egn, (-1 _ 92101
Address
STATE OF CALIFORNIA, COUNTY OF
San Diego
SS.
.__, before me a Notary Public, within and for the said
County and State, personally appeared Andy Faust , known
to me (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the AMWEST SURETY INSURANCE COMPANY, and acknowledged tome that he
subscribe • - •• . URANCE COMPANY thereto as Surety, and his own name as Attorney
in Fact.
On July 15, 1983
OFFICIAL SEAL
JUDITH C. SHIVELY
NOTARY PUBLIC • CALIFORNIA
PRINCIPAL OFFICE IN
SAN DIEGO COUNTY
My Commission Expires May 20, 1985
NOTARY PUBLIC
EXH/8iT "c
EXECUTED IN TRIPLICATE E..cnd Nc., 1032877
SIrclY77.1SION TT.'[JPO ET•ENT
LAB.P AND A;ATERTAL
KNOW ALL MEN BY THESE PRESENTS:
That Canyon Park Trhmhcznes, A General Partnership
Premium: included in the
faithful Performance
Bond.
as Principal, and Amaest Surety Insurance Company
, a Corporation organized and existing under the laws of
the State cf Calif. and authorized to transact surety business in
the State of Calif. , as Surety, are held and firmly bound unto
The City of National City, as Obligee,
in the sum of
Fbrty Eight Thousand Two Hundred Sixty Three & 50/100.
Dollars ($ 48,263.50
), for the payment whereof, well and
truly to be made, said Principal and Surety bind themselves, theirs heirs,
administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDI^_IO": OF THIS OBLIGATION IS SUCH, That Whereas, the Principal entered
into a certain Agreement or Contract wit: the Obligee, dated the 15th.
day of July , 1983 , wherein. the Principal has agreed to
complete the following improvements:
Gradina and various subdivision immrovments as per the Engineer's Bond Estimate letter
dated July 12, 1983, prepared by Biggs Engineering Corporation.
as more full set forth in said agreement.
NO\, THE?EPORE, if the Principal shall pay Contractor, his subcontractors, and
persons renting equipment or furnishing labor and materials to them for the
improvement then this obligation shall be null and void: otherwise, to remain in
full force and effect.
The Aggregate liability of the Surety for any and all claims hereunder shall
it nc event exceed the sum specified in this bond.
Time for filing suit or. this bond shall be limited to six (6) months from date
of cor..r ietion of said improvements.
SI,M7DSEALED this 15th__ __day of July
19 83_.
Canyon Park Taanha es,A General Partnership Amwest Surety G surance Company
Principal rt�'
By: y ti . ", Attorney -in -Fact
1400 6th_Ave_ #?101, San Diego, Cal. 92101
Address
STATE OF CALIFORNIA, COUNTY OF _ San Diego •
SS.
On July 15, 1983.. __ _ _ _ ._ _. __, before me a Notary Public. within and for the said
County and State, personally appeared Andy Faust , known
to me (or proved to me on the basis of satifactory evidence) to be the person whose name is subscribed to the within instrument
as the Attorney in Fact of and for the AMWEST..SURETY INSURANCE COMPANY, and acknowledged to me that he
subscrib'.1'Y''' T'':' '`"'•' • •:r -.°i : ":•, .,:4' SURANCE COMPANY thereto as Surety, and his own name as Attorney
1 • OFFICIAL SEAL 1
in Fact. ;1 te^` `.
1' /p. �• JUDITH C. SHIVELY iii
la r. NOTARY PUBLIC . CALIFORNIA
��
PRINCIPAL OFFICE IN NOTARY PUBLIC
J ?� :,• SAN DIEGO COUNTY
11 My Commipton Expires May 20, 1985
Ir
1
037967
(`^
AMWEST SURETY INSURANCE COMPANY
6301 Owensmouth Avenue, Suite 304
Woodland Hills, California 91367
Telephone 213: 704-1111
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, That AMWEST SURETY INSURANCE COMPANY, A CALIFORNIA
CORPORATION does hereby make, constitute and appoint ANDY FAUST-P.C. FAUST-ARTYCE McGUIRE—
JOANNE BURDETTE—ELAINE MOSS—RENEE UHLIG—J. WOLOHAN—REGAN D. JAMES—
GEORGANN McCROSSON—LARRY R. ANDERSON , k-_
its true and lawful Attorneys) -in -Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto if a seal Is required, bonds, undertakings, recognizances or othef written
obligations in the nature thereof, as follows:
CONTRACT, LICENSE, PERMIT, COURT& MISCELLANEOUS BONDS TO $250,000.00
and to bind AMWEST SURETY INSURANCE COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to
these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provi
sions of the By Laws of the company, which are now in full.force and effect: •
Article III, Section 7 of the By -Laws of AMWEST SURETY INSURANCE COMPANY
This Power of Attorney is signed and sealed by facsirnile.under and by the authority of the fohowing'resolutions.adop
ted by the board of directors of AMWEST SURETY INSURANCE COMPANY at a meeting.duly,held on December 15,.1975�
RESOLVED that the president or anyjnce-president; in Conjunction with the secretary -or any assistant secre•
tary, may appoint attorneys-in•fact or agents with authorityas defined or limited in, the instrument evidencing the
appointment in each case, for and on behalf of the company to execute and deliver and affix the sealof the corn .
pany to bonds,. undertakings, recognizances, and suretyship obligations of all kinds; and said'officers may remove
any such attorney -in -fact or agent and revoke any'power of attorney previously granted to such person'
RESOLVED FURTHER that any bond, undertaking recognizance orsuretyship obligation shall be valid
and binding upon the company
(i) when signed by the president or any vice president and attested and sealed (if a seat be'required) by any
secretary or assistant secretary; or
OW when signed by the president or. any vice-president or secretary or assistant secretary, and countersigned
Wand sealed (if a seal be required) by a duly authorized attorney -in -fact or agent,
(ill) when duly executed and sealed (if a seal be required) by one or; 'More attorneys Ih-fact Or ' agents
'suant to.and within the limits of the authority evidenced by the power of attorney issued by the company to such
,person or persons.
RESOLVED FURTHER that the signature of any authorized officer and the seal.-of,,lhe .company may be,
`affixed by facsimile to any power of attorney or certification thereof authorizing the execution and-delivery`of
.`: -any bond, undertaking, recognizance, or other suretyship obligations of the company; and suchsignature and seal
(when so used shall have the same force and effect as though manually affixed.L.
• .i a.d-
IN WITNESS WHEREOF: AMWEST SURETY INSURANCE COMPANY has caused these preien,ts to be signed by its
proper officer, and its corporate seal to be hereunto affixed this 17th day of September 19 81
WEST SURETY INSURANCE COMPANY
Secretary
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss
• On this 17thday of September A D 1931 personally came before me Richard H. Savage
and Marge Schneider to me known to be the individuals and officers of AMWEST SURETY INSURANCE COM-
PANY,CALI FOR N IA who executed the above instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal
affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers
were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation.
' ,�eletNt•,�N Nr•NOD
OFFICIAL SEAL
4411 ,
.�,5 DYANNE A. CAIAHAN WARN. PUBLIC - CALIFORNIA (SEAL)
PRINCIPAL OFFICE IN
LOS ANGELES COUNT/
` tnr,ta My Corns ssioe fit). Mir. 29. 1999
MMMMMMMMeleMMNeleeM�Nr•�
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES — ss
CERTIFICATE
I, the undersigned, secretary of the AMWEST SURETY INSURANCE COMPANY , a California corporation,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked;
and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth
in the Power of Attorney, are now in force.
1
Notary Public
Signed and sealed at this day of 19
AW-2
Secretary