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HomeMy WebLinkAboutCC RESO 12,663RESOLUTION NO. 12,663 RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION IMPROVEMENT AGREEMENT (Palm Homes, Inc.) BE IT RESOLVED by the City Council of the City of National City that the City Manager is auth- orized to execute that certain Subdivision Improvement Agreement between the City of National City and Palm Homes, Inc. PASSED AND ADOPTED this 14th day of March, 1978. ATTEST: IONE CAMPBELL CITY CLERK BY: DEPUTY CITY CLERK IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 14th day of March , 19 78, by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and PALM HOMES. a Corporation , hereinafter called "Subdivider", 1tITNESSETH: WHEREAS, Subdivider is about to present to the Council of the City of National City, for approval and recorda— tion, a final parcel map of a proposed subdivision of tot 12. map 2234 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of ordinances of the City. of National City relating to the filing, approval acid recordation - of parcel maps; and WHEREAS, the Code provides -that before said map is . —finally—approved by the Council of City,• Subdivider must either --have installed -and -completed a 1J- of the public improvements and/or land development work required by the Code to be installed before final parcel maps are approved by the Council for purpose of recording in the office of the County Recorder of San Diego County; -or as an alternati-ve thereof, that Subdivider 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 f. said subdivision within a definite period of time prescribed by said 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, an':.e§ti.mate 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, IOC 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 or— dinances has been added for land development work, which estimate —is °attached -hereto, marked "Exhibit A" and made a Part hereof; NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS: That in consideration of the approval and recorda— tion by the City Council of the final map of said subdivisbn, 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 —2— 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 subdivision; and will furnish the necessary materials therefor, alt 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 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, , 19 77, whichever is the earlier. It is also understood and herein expressly agreed - to --by Subdi:vider--thatin-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. -Subdivider further -agrees --that simultaneously with the -execution of thts-agr-ermer,t,-.it-wi-l1 furnish= -and -deliver to-th-e-City an approved improvement security in the sum of - 7©0 i.525) which security shall -guarantee the faithful Performance of this contract by Subdivider and is attached hereto, marked "Exhibit S" and made a part hereof. It is further agreed that if the public improve- ments 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 -3- this said subdivision in accordance with specifications contained herein. Upon and acceptance the City Clerk certification of completion by said City Engineer of said work by City and after certification of 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 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.. 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 .a_greements..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 (inclucing 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 Subdivider and Subdivider -4- 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 responsib•ie for the care, maintenance of and any,damage-to the--streets,.alleys, easements, water and sewer lines within the proposed subdivision. 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 agreedlth.at City shall not, or -any officer or employee thereof, be liable for any -injury __ to. person or-_pr-op_erty occasionedby_ reason of the acts or omissions -of Subdivider, his agents or employees in the per- formance of -_this agreement. Subdivider 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 Subdivider, his agents, or employees in the per- formance of this agreement; provided, however, that the ap- proved 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 attorneys fees. -5- IN WITNESS WHEREOF, City has caused this agreement to be executed by having affLxed 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. By ( •' Llo d N ely President, l IMPROVEMENT COMPLETION DATE: THE CITY OF NATIONAL CITY By IMPROVEMENT SECURITY FOR Subdivision Improvements: Form of: and Amount:- 7 c d ity Manager I. HERESY APPROVE the form arid :l ega l i ty of the within • agreement this day of , 19l. NALD F-. McLEAN,--- City Attorney