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HomeMy WebLinkAboutCC RESO 10,237RESOLUTION NO. 10,237 RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION IMPROVEMENT AGREEMENT (Sweetwater Mesa Unit No. 1) 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. SWEETWATER MESA COMPANY, a Joint Venture, for a proposed subdivision to be known as SWEETWATER MESA UNIT NO. 1. PASSED AND ADOPTED this 15th day of December, 1970. ATTEST: - CITY CITY Ct51<77 t \ tof day of SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this Y7i.,/ December L91Q , by and between the CITY OF NATIONAL CITY, a municipal corporation, hereinafter called SWEETWATER MESA COMPANY, a Joint Venture, and "City", and SOMMERS DEVELOPMENT CORPORATION, a California Corporation as a Joint Venturer WITNESSETH: WHEREAS, Subdivider is about to present to the Council of the City of National City, for approval and re- cordation, a final subdivision map of a proposed subdivision to be known as SWEETWATER MESA UNIT NO. 1 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 and recordation of subdivision 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 in- stalled in subdivisions approved by the Council before final maps of subdivisions are for purpose of recording in theoffice of the County Recorder of San Diego County, or as an alter- native 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 or ordinances of the City of National City, agreeing at its own expense to install a-"d 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 subdivision has heretofore been approved, subject to certain requirements and conditions contained in Resolutions of the Planning Com- mission 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 have been prepared and approved by the City Engineer, as shown on Drawings No. 485-D, 486-D, 487-D, 488-D and have been filed of record in the office of the City Clerk 45706,45707 on December 17, 1970 , Document No.45704,45705,/ , 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 improvements 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 En- gineer and has been approved by City, to which estimate of costs, 10% the=eof 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 2 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 subdivision, and/or other valuable consideration, Subdivider expressly herein undertakes and agrees as follows: To comply with all of the requirements of the tenta- tive 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 subdivision; and will furnish the necessary materials therefor, all in strict conformity and in accordance with the Plans and Specifications, which docu- ment 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 monu- ments 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 Subdivider will cause all necessary materials to be furnished and all im- provements required under the provisions of this contract to be done on or before the first anniversary date of the record- ation of the map of said subdivision. 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 3 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 con- structed 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 appropriate ease- ments therefor. Subdivider further agrees that simultaneously with the execution of this Agreement, it will furnish and deliver to the City an approved security in the sum of $45,000.00 which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked "Exhibit B" 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 $1,000.00 to secure the installation of monuments, which security 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 sub- division in accordance with specifications contained herein. Upon certification of completion by said City En- gineer and acceptance of said work by City and after certi- fication 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 4 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 abovementioned work or any materials furnished herefor. Provided, however, that this shall not preclude City from expending moneys pursuant of agreements concurrent- ly or heretofore executed between the parties, or from enter- ing 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, inspect- ion, materials furnished and other incidental expenses) in- curred by City in connection with the preparation of the im- provement plans and the installation of the public improve- ments hereinabove provided for, shall be paid by'Subdivider and 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 asall 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 improvements corstructed pursuant to this agreement. The acceptance of the work on behalf of City shall 5 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 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 con- tract by City to enforce the terms hereof, City shall be entitled to a reasonable sum as attorney's fees. IN WITNESS WHEREOF, City has caused this agree- ment to be executed by having affixed thereto the signature of the City Manager and Subdivider has caused this agree- ment to be executed, as duly authorized, the day first hereinabove written. IMPROVEMENT COMPLETION DATE: IMPROVEMENT Subdivision Form of: Amount: Monuments: Form of: Amount: SECURITY FOR Improvements: Bond $45,000.00 Bond $1,000.00 and year CITY OF NATIONAL CITY By: City Manager SWEETWATER MESA COMPANY, a Joint Venture / By: FRED A. SCHEIDLE, A Joint Venturer By: �L�/l/L?? ANNIE V. SCHEIDLE, A Joint Venturer SOMMERS DEVELOPMENT CORPORATION,"" a California Corporation as a. -Joint Venturer BY: (": • President