Loading...
HomeMy WebLinkAboutCC RESO 12,992RESOLUTION NO. 12,992 RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION IMPROVEMENT AGREEMENT (Las Palmas Park Villas, Ltd.) BE IT RESOLVED by the City Council of the City of National City that the City Manager is authorized to execute that certain Subdivision Improvement Agreement between the City of National City and Las Palmas Park Villas, Ltd. PASSED AND ADOPTED this 27th day of February, 1979. ATTEST: - r6 SUSDIVTSION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 14th day of February , 1979 , oy and between THE CITY OF NATICNL CITY, a municipal corporation, hereinafter called "City", and LAS PALMAS PARK VILLAS, LTD., A CALIFORNIA LIMITED PARTNERSHIP , hereinafter called "Subdivider", tITNESSET; . WHEREAS, Subdivider is about to present to the Council of the City of National City, for approval cnd recordo— n, a'final subdivision map of c proposed subdivision to be known as LAS PALMAS PARK VILLAS pursuant to the provisions of the Subdivision .lap Act of th-e State of California, and in compliance with the provisions of ordinances of the City of National. City relating tc the ,"il_ng, approval and recordation of subd.iVision maps; and WHEREAS, the Code provides that before said map is finally approved by the Council of City, Subdivider must either have installed d 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 Proved by the Cbancii 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 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 cf liens, all of the pc.: provements and/or land development work required in said sub— division within a definite period of time prescribed by said t y 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 its own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to City an improvement security as approved by the City Attorney; and WHEREAS, a tentative map of said subdivison 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, complete Plans and Specifications for the construction, installation and completion of said public im- provement work hove been prepared and approved by the City Engineer, as shown on Drawings No. 4647-D through 4654-D and have been filed of record in the office of the City Clerk on 7pagZ 2'4- , 19 7A Document No. tZ 34 ' a copy of which Plans and Specifications is also on file in the office of the City Engineer; 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 improve- ments and their acceptance by -City, and that street signs be placed at intersections as required by the Code; 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 -2- 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 recuirements of said or- dinances has been added for land development work, which estimate is attached hereto, marked "Exhibit S" and made a part hereof; NOW, THEREFORE, ITIS MUTUALLY UNDERSTOOD AND AGREED AS FOLLC'.VS : That in consideration of the approval and recorda- tion by the City Council of the final map of said subdivison, and/or other valuable consideration, Subdivider expressly herein undertakes and agrees as follows: To comply with all of the requirements of the ten— tative 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 lard development 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 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 all mon- uments have been or will be installed within 30 days after the completion and acceptance of the required improvements; that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed, It is expressly understood and agreed that Sub- divider will cause all necessary materials to be furnished and all improvements required under the provisions of this contract to be done on or before the first anniversary date of the recordation of the map of said subdivision or., Ael/heCN i , 19 ' , whichever is the earlier. It is olso understood and herein expressly agreed to by Subdivider that in the performance of said work, Sub- divider 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 Subdivider, no construction or installation shall be commenced thereon prior to the dedication and acceptance by City of appropridte ease- ments therefor. Subdivider 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 $ 354,585.00 which security shall guarantee the faithful performance of this contract. by Subdivider -and is attached hereto, marked "Exhibit C" and made a part hereof. Subdivider further agrees that simultaneously with the execution of this agreement, it will furnish and deliver to City an approved improvement security in the sum of a 1,100.00 to secure the installation of monuments, which security is attached hereto,. marked "Exhibit D" and made c part hereof. It is further agreed that if the public improve- ments are not completed within the time agreed herein, the -4- 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 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 or any sum or sums for the above —mentioned work of any materials furnished therefor. Provided, however, that this shall not preclude City from expending moneys pursuant to agreements concurrently or heretofore executed between the parties, or from entering into agreements with subdividers 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 Subdivider 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 herein — above provided for, shall be paid by Subdivier .:nd subdivider shall deposit with City a sum of money sufficient to cover said costs. 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 engin- eering services so performed by City. It is understood and agreed that until such time as all improvements are fully completed and accepted by City, Subdivider 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, Subdivider shall grant to City by appropriate conveyance, the improvementsconstructed pursuant to this agreement. The acceptance o.f 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 Subdivider, his agents or employees in the,per- formance o.f this agreement. Subdivider further cgree.s 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 Subdivider, his agents, or employees in the per- formance of this agreement; provided, however, that the ap- proved improvement security shallnot be required to cover -6- the provisions of this parcaraph. 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 nas caused this agreement to be executed by having affixed thereto the signature of the City Manager and Subdivider has caused this agreement to be executed, as duly authorized, the day and year first herein - above written. LAS,PALMAS_ PARK VILLAS,, LTD. A CALIFORNIA THE CITY OF NATIONAL CITY LIMITED PARTNERSHIP, BY DEGEN/HALL DEVE- LOPMENT CORPORATION, AS GENERAL PARTNER BY � / 7G ��-� / g y Asst. Vice Pres. • ity onager q F By / )�pC�f w v/ y, y��'' ���i�il Kdren M. Crabtree, Sec/Treas IMPROVEMENT COMPLET ION DATE: /9$D IMPROVEMENT SECURITY FOR Subdivision Improvements: Forrn of: Amount: $354,585.00 Monuments: Force of: Amount $1 ,100.00 Checking and Inspection Deposit Amount: $10,638.00 RECEIVED PAYME b- FEB 14 1979 City of National City I HERESY APPROVE the form and legality of the within agreement this J 4/ day of 4 -j- 1977 City Attorney TO 1954 CA (8-74) (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA ti COUNTY OF San Diego SS On February 14, 1979 tisst. Viftgaidenr and Karen. N. before me, the undersigned, a Notary Public in and. for said State, personaily appeared Jack b-tree , known to me to be the known to me to be the 'Measurer/ W a: W W ra Secretary of /Hall Development Cc any the corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said, corporation, said corporation being,, known to me to be ane of the partners of Las Faunas Park Villas, Ltd. that executed -the within instrument, and acknowleddged etoome, that such corporation executed the same as such partner and: that such partnership executed the same. WITNESS my hand and;oflicial seal: Signature LaF,L-ta, ( { TITLE INSURANCE AND TRUST AIICOP COMPANY LWANIAPAreLWWW.M.Palei OFFICIAL SEAL SANDRA L. JEFFREYS r NOTARY PUBLIC - CALIFORNIA. PRINCIPAL OFFICE IN SAN DIEGO COUNTY Commission Expires Sept 15, 1981 VAPANzaraliSeesPAN (This areafor official notarial seal) COOPERATIVE IMPROVEMENT AGREEMENT AND EASEMENT FOR INGRESS AND EGRESS AND GRADING THIS AGREEMENT is made and entered into this 14th day of February, 1979 by and between THE CITY OF NATIONAL CITY, a muni- cipal corporation, hereinafter referred to as "City", and LAS PALMAS PARK VILLAS, LTD., a California Limited Partnership, or it's successors and assigns, hereinafter referred to as "Subdivider". W ITNESSET H: WHEREAS, Subdivider is about to present to the City for approval and recordation a final subdivision map for a condominimum project known as LAS PALMAS PARK VILLAS and as a requirement of said final approval the City requires this Agreement on the grading; moving of dirt; installation of an irrigation system; implementation of a planting program on the resultant slope; maintenance of the slope and system; and reasonable easement for ingress and egress to accomplish all the foregoing upon City property which is the subject improvement area and is adjacent and contiguous to a portion of Subdivider's project; and WHEREAS, City and Subdivider have reached a cooperative agree- ment providing for the sharing of responsibilities to accomplish their intended goal and have agreed on a Landscape Plan and System, a copy of which is attached hereto, market Exhibit "A", and incorporated herein ("Plan"). NOW, THEREFORE, based on the foregoing recitals and other valuable consideration contained herein, the parties hereby agree as follows: 1. City hereby zrants to Subdivider such easement as necessary to accomplish the excavation, removal, compaction, support -1- and grading on.the City's _propertynoted_in blue outlined on the Plan attached hereto, all in accordance with requirements imposed pursuant to law, rules and regulations concerning the same and agreed to with respect to the plans of Subdivider's project adja- cent thereto and such easement for ingress and egress upon City's property noted in red on the Plan to accomplish said grading and the further obligations required of Subdivider herein. 2. City agrees at its sole cost and expense to provide and deliver on the Plan Site irrigation pipe, connection pieces and sprinklers to conform to the irrigation system proposed on the Plan for the area noted in red and reasonably thereafter Subdivider agrees at his sole cost and expense to install or cause to be in- stalled properly and connected in a good workmanlike manner said irrigation system. 3. Subdivider agrees at his sole cost and expense to provide and deliver on the Plan Site those plants and planting material called for in the Plan for the area noted in red in a condition for proper planting and reasonably thereafter City agrees at its sole cost and expense to install and plant said material in conformance with the Plan. 4. Subdivider agrees at his sole cost and expenseto provide and deliver on the Plan Site those plants and planting material and irrigation pipe, connection pieces and sprinklers called for in the Plan for the area noted in yellow and to install and plant said material and irrigation system in a good workmanlike manner. 5. Upon completion of the improvement work on the City's property as detailed herein and in accordance with the Plan attached hereto, lien free, City shall maintain and irrigate said resulting slopes and plant life at its sole cost and expense. 6. The work intended herein is to be coordinated and proper advance notice, in writing exchanged, between Subdivider or -G- its designated agent and the City's responsible employees and -shall-_„ commence within sixty (60) days of today's date and in all events be accomplished on or before, : ,-; 7. City and Subdivider have agreed upon the "Grading Plan" reference of which is made for more particulars, for the project and the City Engineer and staff have worked out the details on the requirements related thereto and City agrees to provide, on site, in a timely manner, 220 feet of 30 inch reinforced concrete pipe and Subdivider agrees to cause said pipe to be installed per grading plans, etc., on the area marked in green on the attached plan and if any additional dirt is needed for fill to accomplish the grading plan, as approved, the City will make available a reasonable quantity of its own dirt for Subdivider to fulfill all grading requirements. IN WITNESS WHEREOF, City has caused this Agreement to be duly executed and Subdivider has caused this Agreement to be duly executed in the City of National City, County of San Diego, State of California, as of the date and year first above written. SUBDIVIDER: Las Palmas Park Villas, Ltd. "Subdivider," a California Limited Partnership by Degen/ Hall Development Company, a California Corporation, as General Partner. B�� Tack Balistreri, Assistant /Vice President Ey h ,9'tia - ?'11 /Z e.; Karen M. Crabtree, Secy/Treas APPROVED AS TO FORLAND LEGALITY: I� 3 onald F: Mc,eah-, Jr. City Attorney Dated: February I , 1979 -3- CITY OF NATIONAL CITY By K /j // t- 6 �"��t rs • 1 TO I954 CA (8-74) (Corporation as a Partner of a Partnership) STATE OF CALIFORNIA COUNTY OF San Died ? ss. On February 14, 1979 1 before said State, personally appeared Jack Ba1istreri w s W x la a mknown to me to be one of the partners of Las Palmas Park Villas, Ltd. the partnership T that executed the within instrument, and acknowledged to ate that such corporation executed the same as such partner and that such partnership executed the same. WITNESS my hand and official seal. St. ViCleesident„and Karen M. Crabtree Secretary of Degerl/Haf 1 ve1ormmt Cry the corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said corporation, said corporation being TITLE INSURANCE ANO TRUST ATICOa COMPANY me, the undersigned, a Notary Public in and for known to me to be the known to me to be the Tr st rpr/ VSIV WiWLWANNAW.FMA°a�a� , OFFICIAL SEAL 4 SANDRA L. JEFFREYS NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN SAN DIEGO COUNTY My Camtnission Expires Sept. 15, 1981 MiS*a r'=aWaVSS'IJS"a'S1 (This area for official notarial seal)