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Home My WebLink AboutCC RESO 14,133RESOLUTION NO. 14,133 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA AUTHORIZING THE CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH HERBERT M. PIKEN INC., NEW OWNERS OF SO. BAY PLAZA SHOPPING CENTER, AND TO RELEASE PORTION OF A SUBDIVISION IMPROVEMENT AGREEMENT WITH PACIFIC/DSL NO. I WHEREAS, Pacific/DSL No. 1 has sold the South Bay Plaza Shopping Center to H.M. Piken Inc., and in conjunction with that sale, that company assumed the obligations imposed in requirement No. 4 of Resolution No. 6-82. This requirement calls for landscape and concrete sidewalk installation in Phase I, parcels 9 and 10 of the South Bay Shopping Center. WHEREAS, this agreement will allow the City of National City to release the $19,000 instrument of credit that Downey Savings and Loan Association had provided to the City to assure construction of these improvements by Pacific/DSL No. 1, under their Subdivision Improvement Agreement. WHEREAS, the cost'of the improvements, including a 10% contingency factor amounts to $19,000. H.M. Piken Inc. has submitted an irrevocable committment of funds for this amount from Home Federal Savings and Loan Association to assure construction of the improvements. 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 Herbert M. Piken Inc., and to release portion of a subdivision Improvement Agreement with Pacific/DSL No. 1. PASSED AND ADOPTED this 6th day of September, 1983. ATTEST: CITY CLERK day of IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 7th September , 19 83 , by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and Herber/ V. Piiee/7, /r7c. , hereinafter call "Developer", WITNESSETH: WHEREAS, Developer is about to record or has acauired 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 ere,.; •#6,.,Qe,wiremenT No.4, A9reeme41 dated¢/v//a as q/pAreved6pfes.Naand/379/ have been filed of record in the office of the City Clerk on ad DocumentSNos. 4 73.12 . 6 7333 4/20 , 19 82 , 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 f%r// 29, /984 -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 so improvement security in the sum of / 9 000 — 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 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 -4- State of California SS. On this the 22_day of August, 19 83 before me, i County of Los Angeles OFFICIAL $I AM. DENISE 1. CHESSAR NOIS11♦ •USLIC CALIFOINI• •MINCI•AL wrist IN LOS •NOELLS COWItr MYCCaimI>tsbonlipassF.b.20, I9e7 GENERALACKNOWLEDGMENr FORM 7110052 BY Denise L. Cheasar the undersigned Notary Public, personally appeared Herbert M. Piken X personally known to me ., proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary's Signature NATIONAL NOTARY ASSOCIATION • 23012 Ventura Biwa • Woodland Kos. CA 91364 NOTARY PUBLIC IN AND FOR SAIDAOUNTY AND STATE '440 /6-r BY Developeri #adei /14 o&t/zA7(odef.,,, IMPROVEMENT COMPLETION DATE: f1/7r7/ 2 9 /9B4' IMPROVEMENT SECURITY FOR Subdivision Improvements: Form of: /m'vo 06/ le/k/ Ot C/es/ f »e f/oine Fede a/ Amount: ''/ QODD °- Receipt No. -6- Cash: Trust & Agency $