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HomeMy WebLinkAboutCC RESO 12,682RESOLUTION NO. 12,682 RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION IMPROVEMENT AGREEMENT (Rolando Corrales, East of "M" Avenue between 6th & 7th Streets) 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 Rolando Corrales. PASSED AND ADOPTED this 28th day of March, 1978. ATTEST: 1 CITIY CLERK IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 28th day of March , 19 78 , by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "City", and Rolando Corrales , hereinafter called "Subdivider", :YITNESSETH: 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 parcel East of "M" Avenue between 6th & 7th Streets 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 all 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 alternative thereof, that Subdivcider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of.said work pursuant to the reouirements 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 Council; and -:4HEREAS, 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 Cfty 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 Cfty Council of the City of National City; and WHEREAS, anestfmate 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 Cfty 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 UNDERST00D AND AGREED AS FOLLOWS: • 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 -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, all in strict conformity an-d-in--accordance-wi-th 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, JulY 1 , 19 78whichever is the earlier. It is also 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. - Subdivider further agrees that simultaneously with the execution:of-this agreement, it wilt furnish and deliver to the City_an approved improvementsecurityin the sum of $ 3,288.00 which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit 8? 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- P 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 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 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 fs 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- f 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 tmprovementS are fully completed and accepted by City, Subdivider will be responsible for the care, maintenance of and arty 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 agreed that City shall not, or any officer or employee thereof, be liable for any injury to person orproperty occasioned by 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 attorney's fees. -5- IN WITNESS "WHEREOF, City has 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. By Subdivider THE CITY OF NATIONAL CITY By City Manager IMPROVEMENT COMPLETION DATE: July 1. 1978 IMPROVEMENT SECURITY FOR Subdivision Imorovements: Form of: $3,288.00 Amount: _I HEREBY_APPROVE the form and_ -legality -of the within agreement this 28th day of March DONALD F. McL EAN, JR. City Attorney _i6_ IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 28th day of Marrh , 19 78 , by and between THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called ".City",_ and Rolando Corrales , hereinafter called "Subdivider", NI TN ESSETH : WHEREAS, Subdivider is about to present to the Council of the City -of National City, for approval and recorda— a parcel tion, a final parcel map of a proposed subdivision Eas_t of "M" Avant a between hth and 7th Streets pursuant t0 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 and 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 all 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 alternative 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 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.:;esttmate 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 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 UNDERST00D AND AGREED AS FOLLOWS: 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 -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 fn 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 Sub— divider will cause all necessary materials to be furnished and all_fmprovements--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, July 1 19_78 , whichever is the earlier. is It is also 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_Natfonal City and -the --taws of the State of California-a-pplicable to -said work. Subdivider further agrees that simultaneously with the execution of this agreement, it wilt furnish -and deliver- • to the City an approved improvement security -in the sum of $9,537.00 which security shall guarantee the faithful Performance of this contract by Subdivrider and is attached hereto, marked "Exhibit 87 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— 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 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 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 (inctucing 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 responsible 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 agreed that City shall not, or any officer or employee thereof, be liable for any injury to person --or property._ occas_ion.ed_by. reason of the acts or omissi-ons 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 foss 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 attorney's fees. —5— r IN WITNESS 'WHEREOF, City has 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. - By THE CITY OF NATIONAL CITY / By City Manager IMPROVEMENT COMPLETION DATE: IMPROVEMENT SECURITY FOR Subdivision Imorovements:. Form of: July 1, 1978 Amount: _ $9,537.00 I HEREBY APPROVE the form and_legality of the within - agreement this 28th- day of March -b_ , 19 78. NALD F. McLEAN, JR. City Attorney • pm�