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HomeMy WebLinkAboutCC RESO 13,961RESOLUTION NO. 13,961 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ACTING CITY ENGINEER TO EXECUTE AN IMPROVEMENT AGREEMENT WITH D.T. SKOURAS BE IT RESOLVED by the City Council of the City of National City, California, that the Acting City Engineer is hereby authorized to execute that certain Improvement Agreement between the City of National City and Dimitri T. Skouras in conjunction with approval of Final Map to divide a parcel of property located at the northwest corner of "L" Avenue and Plaza Boulevard. PASSED AND ADOPTED this 25th day of January, 1983. ATTEST: Ne,° day of IMPROVEMENT AGREEMENT idly dGRSENT, made and entered into this /,� ' U NATIONACITY, a municipal corporation, hereinafter called "City", and "7 / T/, %, S/<O U,E' "S , •L4 _.3 , by and between the CITY OF hereinafter call "Developer", WIT&iESSEETH: Wi- 2:S , Developer is about to record or has acquired a Parcel Map to be recorded pursuant to the provisions of ordin- ances of the City of National City relating to the filing, approval and recordation of Parcel Maps; and WHEREAS, That before said nap is finally approved by the City, Developer must either have installed and completed all cf the public improvements and/cr land development work required by the Code to be installed in;subdivisions before =i:al maps cf subdivision are approved for purposes cf recording -in the o 5ice 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 per- formance 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 improve- ments and/or land development work required in said sill.::_, _--o:_ 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 Cif in connection with the said Subdivision and will deliver to City an improvement security as approved by the City Attorney; mad WHEREAS, Complete Plans and Spec4=4^,t-cr-s for :he construction, installation and completion of said public -I- C- improvement work have been prepared, and approved by the City • Engineer, as shown on Drawings Na. 4.VO4 and have been filed of record in the office of the City Clerk on A / Document No. a copy of which plans and Specifi- cations is also an 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 as amount com- puted pursuant to the requirements of said ordinances has been added for land development work, which estimate is attached hereto, marked "Ethibit Ai" and made a part hereof: NOW, THEREFORE, IT IS �{UTUALLY 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 under- takes and agrees as follows: To comply with all of the requirements of the tenta- tive map resolutions; to do and perform cr 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 satis- faction and approval of the City Engineer of City all of the public improvement and/or land development work required to be dcne in and adjoining said Map and will furnish the necessary materials therefor, all in stri^c. 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 par: hereof. -Z- 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 /Vat/ l /983 It is also understood and herein expressly agreed to by Developer that in the performance of said work, Developer will conform to an 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 ease- ments 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 o= z/6.00,tig- which security shall guarantee the faithful per- formance 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 pro- vided 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 terns of the improve- ment security. -3- It is also agreed and understood by the parties to this agreement that in no case will the City of National City or any Deoartaent, 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 bondsaen'be liable for the payment of any sum or sums for the above -mentioned work of any materials furnished therefor. Provided, however, that this shall not preclude Cityr from entering into agreements with Developer for the apport- ionment of costs of water and sewer mains pursuant to the pro- visions of the ordinances of National City providing therefor, nor shall anything herein stated commit City to any such appor- tionment. It is further understood and agreed by Developer,tha' any eng • ering costs (including plan checking, inspection; materials fu _ hed and other incidental eruensefs) iac red by City in connection w h the preparation of the --improvement plans and_the installation of th •ublic imps eme is hereinabove pro- vided for, shall be paid by Deve►-.er and Developer shall deposit with City a sum of money s _:icient to ever said costs. In aster: '•ing the amount of such Zosts incurred by and City Tre ,firer shall City, the cos -eport of the City Clerk be prim- facie evidence of the true cost o= the eng:nee \ o 4r s-_ ices so Performed by City. It is understood and agreed that until such time as ''U /, 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 an•behal-` of City shall be made by City Manager upon the author'_ta:ion Of the City -4- 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 per- formance of this agreement. Developer further agrees to protect and 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 appro- ved 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 HEREOF, 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- BY a*vI7 /P in+, . THE CITY OF NATIONAL CITY TOM G. McCABE CITY MANAGER BY OWn/s2, ,4C?7W CITY ENGINEER IMPROVEMENT COMPLETION DATE: LMPROV2.Yi SECURITY FOR Subdivision Icro:oveaents: Foy of: GI- tEci< Amount: 47/60Z, o� Cash: Trust & Agency S Receipt No. I HERESY APPROVE the for= and legality of -the within. agreement this day of , 19 • C DONALD F. McLEAN, JR. City Attorney -6- C os / Fs /i/ a/a/e ,for /�n,oro ve ner7/.s /or / ii74/ /Wao ,or D. T, sitovras e /i/e L S-1-82) /. /'s////0' c( T.vo S/Tee/ 6y sod E. $.g 54o - 2. /ns/A//A//or/ o/' Two lcoode77 L'arriccc/es 6ao �ri/fi eery/ee/ r Siyrws /& , Cow///7ger7cy i‘o - To/o/Cas/-6ao - EXy/Bi r A