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HomeMy WebLinkAbout2003 CON Daniel Furlan - Subdivision Improvement AgreementDOG # 2003-0665578 Recorded at the Request of: CHICAGO TITLE COMPANY When Recorded Mail to: City Clerk City of National City 1243 National City Blvd. National City, CA 91932 Title Order # Escrow No: APN 551 - ►Zp - yz =13 Only JUN 05, 2003 12 : 57 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J. SNITN, MTV RECORDER FEES: 59.00 111111111111 IIIII IIIII I1!! 2003 -0665578 Space Above for Recorder's Use SUBDIVISION IMPROVEMENT AGREEMENT (Please fill in document title(s) on this line) 6 SUBDIVISION IMPROVEMENT AGREEMENT DATE OF, AGREEMENT: May. 28, 2003 NAME OF SUBDIVIDER: DAMEL fu(z,th'N (OwAcr) NAME OF SUBDIVISIONN: Q REsawrioN OF APPROVAL NO.: tc r; -- 17 ADOPTED/2 j / ! o© 3 �i 4 IMP a yr DRAWING NO.: t c 1 o- - D l ® 8 (0 S - M,STIMAik.) TOTAL COST OF IMPROVEMENTS: $ 193 000. 00 ea k ESTIMATED TOTAL COST OF MDNUMENTATION.: $ 1 0bo EX I-1- "0rr TIME LIMIT FOR COMPLETION OF IMPROiVEMENTS: Refer to Page 3, Section 1b. SJ'LTY AND BOND NO. Y2.7 g3 LJ S This agreement is made and entered into by and between the City of National City, California, a Municipal Corporation of the State of California, hereinafter referred to as City; and the Subdivider named on Page 1 hereof, hereinafter referred to as Subdivider. RECITALS ICEREAS, Subdivider has presented to City for approval and recordation, a final subdivision map of a proposed subdivision as stated on Page 1 hereof pursuant to provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 17 of the National City M nzicipal Code, hereinafter referred to as Code, relating to the Filing, approval and recordation of subdivision maps; and WHEREAS, a Tentative Map of the Sihivision has been approved, subject to the requirements and conditions contained in the resolution listed on Page 1 hereof. Said resolution is on file in the office of the City Clerk and is incorporated herein by reference and made a part hereof; and 3 a 7 -1- WHEREAS, the Code provides that before the final map is approved by the t: City Council, Subdivider must have complied with the requirements of gait resolution, and must have either installed and completed all of the public improvements and land development work required by the Cbde and said resolution to be installed in the subdivisions before the final maps of subdivisions are approved by the City for the purpose of recording in the office of the County'Recorder of San Diego County, or as an alternative thereof, the Subdivider shall enter into an agreement with the City, secured by an approved improvement security to insure the performance of the work pursuant to the requirements of the Code, expense to install and complete, free of liens, improvements and land development work required in the definite period of time prescribed by the Council; and WHEREAS, Subdivider, in consideration of the approval and recordation of this chap by the Council, desires to enter into this agreement wherein it is provided that the Subdivider will install and complete at its own expense, all the public improvement work required in connection with the proposed subdivision and will deliver to the City an improvement security as approved by the City Attorney; and WHEREAS, complete plans and specifications for the construction, installation and completion of the public improvement work have been prepared and approved by the City Engineer; as shown on the drawings listed on Page 1 hereof which have been filed in the office of the City Engineer and are incorporated by reference herein and made a part hereof; 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 the City, and that street signs be placed at intersections, as required by the Code; and -2- agreeing at its own all of the public subdivision within a 1 3 6 WHEREAS, an estimate of the cost of constructing the public improvements and necessary land developap.nt work in connection therewith according to said plans and specifications has been made and has been approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is attached hereto, marked Exhibit "A" and made a part hereof; and WHEREAS, an estimate of the cost for the installation of all monuments has been approved by the City Engineer in an amount stated on Page 1 hereof, which estimate is attached hereto, marked Exhibiting made a part hereof; N34, THEREFORE, in consideration of the approval and recordation by the City Council of the final map of this subdivision, and other valuable consideration, Subdivider and City agree as follows: 1. r SiIhrlivider shall: a. Comply with all the requirements of said tentative resolution, and any ameniments thereto and with the provisions of the Code b. Complete at its am expense, in accordance with the plans and specifications and to the satisfaction and approval of the City Engineer, all of the public improvement and land development work required in and adjoining the s*r1ivision as follows: zT Alai,3at •LLft'f relf (4- iJTS LA-oDscftrJ6 D sa1- oA) 140N UONTA--r(o DEADLINE DATA; 5/a4- tom s /offc /04 Qr- 3 9 1 9 -3- • c. Furnish the necessary materials therefor, in conformity with the plans and specifications on file in the office of the City Engineer. d. Notify City Engineer in writing at least fifteen days prior to the cam:nencement of the work hereunder. No construction shall begin until approved authorization has been obtained and the official Preconstruction conference has been held. e. Complete the improverrents listed in 1.(b) above, under this contract on or before the tine limits stated hereof. f. Install all monuments required by law within thirty days after the completion and acceptance of the improvements by the City Engineer. g. Install temporary porary street name signs if permanent street name signs have not been installed. 2. If any of the public improvement and land development work contemplated by this agreement is to be constructed or installed on land not owned by Snha;vider, no construction or installation shall be commenced prior to the &;cation and acceptance by the City of the appropriate easements. 3. The City Engineer or his duly authorized representative, upon request of the Srhivider, shall inspect at Subiivider's expense, the improveuents herein agreed to be constructed and installed by Si,ha,vider, and if determined to be in accordance with applicable City standards and the terms of this agreement, shall recommend the acr tance of such improvements by the City. S»hiivider shall at all times maintain proper facilities, and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation. -4- 4. Subdivider shall furnish to the City good and sufficient security on forms approved by the City, in the amount of 100% of the estimated cost of said improvements as stated on Page 1, hereof, to assure faithful performance of this agreement in regard to said improvements: and in the adriitional amount of 50% of said amount for securing payment to contractor, his subcontractors and persons renting equipment or furnishing 1a►rr or materials to them for the improvements required to be constructed or installed hereby. Ten percent (10%) of the amount of the faithful performance bond shall continue in effect to guarantee or warranty the work done pursuant to this agreement for a period of one year following acceptance thereof by the City against any defective work or labor done or defective materials furnished. Subdivider shall furnish to the City such security in the amount of 100% of the estimated cost of setting subdivision monuments as stated on Page 1, hereof and as required by this agreement. The securities required by this agreement shall be filed with the City Clerk and when so filed, shall be incorporated by reference herein. 5. Any changes, alterations or additions to the improvement plans and specifications or to the improvements, not exceeding 10% of the original estimated cost of the iaorovenent, which are mutually agreed upon by City and Snhaivider, shall not relieve the improvement security given for faithful performance of the improvement. In the event such changes, alterations, or additions exceed 10% of the original estimated cost of the improvement, Snhitvider shall provide improvement security for faithful performance as required by this agreement for 100% of the total estimated cost of the improvement as changed, altered, or amended, minus any completed partial releases thereof as allowed by this agreement. -5- 1 3 9 '7 6. The securities required by this agreement shall be released as follows: a. Security given for faithful performance of any act or agreement shall be released upon the final aanpletion and acceptance of the act or work, subject to the provisions of Subsection (b) hereof. 3 b. The City Engineer may release a portion of the security in ^{� conjunction with the acceptance of the performance of this act or work as it progresses upon application therefor by the S>;raivider; provided, however, that no such release shall be for an amount less than 25% of the total improvement security given for faithful performance of the act or work and that the security shall not be reduced to an amount less than 50% of the total improvament security given for faithful performance until final completion and acceptance of the act or work. In no event shall the City Engineer authorize a release of the improvement security which would reduce such security to an amount below that required to guarantee the completion of the act or work and any other obligation imposed by the Code, the Suhiivision Map Act or this agreement. -6- 1 c. Security given to secure payment to the contractor, his subcontractors and to persons furnishing labor, materials or equipment shall, six months after the completion and acceptance of the act or work, be reduced to an amount equal to the amount of all claims therefor filed and of which notice has been given to the legislative body plus an amount reasonably determined by the City Engineer to be required to assure the perform of any other obligations secured thereby. The balance of the security shall be released upon the settlement of all such claims and obligations for which the security was given. d. No security given for the guarantee or warranty of work shall be released until the expiration of the period thereof and until any claims filed during said period have been settled. 7. Subdivider shall replace, or have replaced, or ref:Air, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Snh i vider shall replace or have replaced, repaired, or have repaired, as the case may be; or pay to the owner, the entire cost of replacement or repairs of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whensoever, or by any combination of such owners. Any cash repair or replacement shall be to the satisfaction, and subject to the approval, of the City E gineer. -7- 8. Subdivider shall, at S»hivider`s expense, obtain all necessary jernits and licenses for the construction of such improvements, give all necessary notices and pay all fees and taxes required by law. 9. In the event that SuMivider fails to perform any obligation hereunder, Subdivider authorizes City to perform such obligation twenty days, after mailing written notice of default to Subdivider and to Subdivider's Surety, and agrees to pay the entire cost of such performance by City. The sums provided by the improvement security may be used by City for the completion of the public improvements within the subdivision in accordance with specifications contained herein. City may take over the work and prosecute the same to completion, by contract or by any other method the City may dean advisable, all costs shall be at the expense of Subdivider, and the Suh1ivider's Surety shall be liable to the City for any excess cost or damages occurred by the City; and, in such event, the City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Subdivider as may be on tie site of the work and necessary therefor. 10. In tha event that the SO -divider fails to perform any obligation hereunder, Subdivider agrees to pay all costs and expenses incurred by the City in securing performance of such obligations, including costs of suit and reasonable attorney's fees. -8- i• 11. Snh1ivider shall guarantee or warranty the work done pursuant to this agreement for a period of one year after final acceptance of said work against any defective work or lahnr done or defective materials furnished. If within said period any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the requirements of this agreement or the plans and specifications referred to herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this requirement, Subdivider hereby authorizes City, at City's option, to perform the work twenty days after mailing written notice of default to Subdivider and agrees to pay the cost of such work by City. Should the exigencies of the case require repairs or replacements to be made before Subdivider can be notified, City may, at its option, make the necessary repAirs or replacement or perform the necessary work and Subdivider shall pay to City the cost of such repairs. 12. Neither Snhc3ivider nor any of Snh Hvider's agents or contractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obligations under this Agreement. 13. Nothing contained in this agreement shall preclude City fran expending monies pursuant to agreements concurrently or previously 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 National City Municipal Code providing therefor, nor shall anything herein stated commit City to any such apportionment. -9- 14.. Until such time as all improvements required by this agreement are fully completed and accepted by the City, Subdiv,APr will be responsible for the care, maintenance of and any damage to such improvements. StnhrliviAPr shall give good and adequate warning to the travelling public of each and every dangerous condition existent in said improvements, and will protect the travelling public from such defective or dangerous conditions. The Subdivider hereby agrees to pay for such inspection of such improvements as may be required by the City Engineer of the City. 15. Upon ar'r# tance of the work on behalf of the City and recordation of the Notice of Completion, ownership of the improvements constructed pursuant to this agreement shall vest in the City. 16. Acceptance of the work on behalf of the City shall be made by the City Engineer upon authorization of the City Council. Such acceptance shall not constitute a waiver of defects by the City. 17. The City or any officer or employee thereof shall not be liable for any injury to persons or property occasioned by reason of the acts or omissions of the Sithaivider, its agents or employees in the performance of this agreement. Surriivider further agrees to protect and hold harmless the City, its officials and employees from any and all claims, demands„ caimPs of action, liability or loss of any sort because of, or arising out of acts or omissions of the Subdivider, its agents or employees in the performance of this agreement, including all claims, demands, cans of action, liability, or loss because of, or arising out of, in whole or in part, the design or construction of the improvements: provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. -10- 1 3 97 6 Said indemnification and agreement to hold harmless shall extend to injuries to persons and damages or taking of property resulting from the design or construction of said subdivision and the public improvements as provided herein, to adjacent property owners as a consequence of the diversion of waters fran the design, construction or maintenance of drainage systems, streets and other improvements. Acceptance by the City of the improvements shall not constitute an assumption by the City of any responsibility for any damage or taking covered by this paragraph. City shall not be responsible for the design or construction of the subdivision or the improvements pursuant to the approved improvement plans regardless of any action taken by the City on approval of the plans. The Subdivider shall remain obligated to eliminate any defect in design or dangerous condition caused by the design, other than routine maintenance, or damage to the improvements by an act of God for the time period specified in this agreement. Provisions of this paragraph shall remain in full force and effect for ten years following the acrPptance by the City of the improvements. • 18. City shall not, nor shall any officer or employee thereof, be liable or responsible for any accident, loss or damage happening or occurring to the work or improvements specified in this agreement prior to the completion and acceptance of same, nor shall said City, nor any officer or employee thereof, be liable for any persons or property injured by reason of said work or improvements, but all of said liabilities shall be assumed by Subdivider. -11- 9 7 w 7 19. Sale or other disposition of this property will not relieve Si,ha;vider from the obligations set forth herein. 20. Time is of the essence of this agreement. Subdivider shall commence substantial construction of the improvements required by this agreement "not later than nine months prior to the time for oanpletion. Provided that in the event good cause exists as determined by the City Engineer, the time for caamencenent of construction or completion of the improvements hereunder may be extended. Any such extension may be granted without notice to Subdivider's Surety and shall in no way affect the validity of this agree ent or release the Surety or Sureties on any band given for the faithful performance of this agreement. The City Engineer shall, be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. As a condition of such extensions the City Engineer may require Snhrlivider to furnish new security guaranteeing performance of this agreement as extended in an increased amount as necessary to ccmpensate for any increase in construction costs as determined by the City Engineer. Failure of Subdivider to comply with the terms of this agreement shall constitute consent to the filing by City of notice of violation against all the lots in the Suhhivision. 21. In the event that suit is brought by City to enforce the terms of this contract, City shall be entitled to process such suit and a reasonable sum as attorney's fees. IN WITNESS WHEREOF, the City has caused this agreement to be executed by having affixed thereto the signature of an authorized City representative and the Subdivider has caused this agreement to be executed, as duly authorized, the day and year first herreinabave written. -12- 1 J 9 q DATED this 28th • day of May BY: SUBDIVIDER APPROVLD AS TJ FORK: : CITY ATIL'NEY 2003 CITY OF NATIONAL CITY, a Municipal Carporation of of the State of California TOM G. WtABE CITY MANAGER (AJTARIAL ACXNEFALEC.24ENT OF EKOMTION OF MIMS MUST SE ATE) STATE OF CALIFORNIA ss. COUNTY OF SAN DI GO ` l On this day of 00� Undersigned, a Notary Public in and for skid County and atk'Ared \ )@Y1 i rA cur r 6_41 and known ----- before me the State, personally to me to be the persons whose narae are subscribed to the within instrument, and acknowledged to me that they executed the sate. WITNESS whereof, my hand and affixed my notarial seal, the day and year in this certificate first above written. MAF1JA ALONSO Commission 01346019 Notary Public - California San Otago County *Conn. 'FAO4 to20o(' L1 My Commission ission Expires 3 9 7 9 -13- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT (.j v Ce State of California County of •OT On SS. 2©O3 before me, VAQQ %.a l..Cf ') S a Date Name and Title of Officer (e.g., "Jane D Notary Public" personally appeared ttA cV rkai1 Name(s) of Signer(s) (Ii.personally known to me `n proved to me on the basis of satisfactory evidence MARIA ALONSO Commission # 1346019 Notary Public - California San Diego County My Comm. Expires Mar 10, 2006 i to be the persort(f.),whose name( is/ace subscribed to the within instrument and acknowledged to me that he/sbeHttey executed the same in his/her/heir authorized capacity(ies), and that by his/b,a tTba signature --on the instrument the person( or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS. w hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of P- .es: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: Individual Corporate Officer — Title(s): Partner — ❑ Limited ❑ General Attorney -in -Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 0 Reorder: Call Toll -Free 1-800-876-6827 ®1999 National Notary Association 350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313.2402 • www.nationalnotary.org Prod. No. 5907 3 Apr 16 03 04:05p Meridian 1-85S-695-1912 p.2 PROJECT: ENGINEER: Prepared By: ITEM EXBIBIT "A" FINAL GRADING ESTIMATE FOR "Q" Avenue Homes - CITY OF NATIONAL CITY TRACT NO. 2002-1 Meridian Engineering Group S.S. XINOS I. GRADING/ EARTHWORK: Clearing & Grubbing Excavation (Cut to Fill) Removal & Recompaction Il. IV. v. Subtotal EROSION CONTROL: QTY. UNIT 22,900 SF .495 CY 5,900 CY Grading/ Earthwork: Silt Fence Gravelbags Entrance/Outlet Street Wash Jute/Fiber Mat 780 30 1 5,800 Subtotal Erosion SURFACE IMPROVEMENTS (ONSITE): Curb & Gutter(G-2) Curb (G-1) Filter Inlet Sidewalk LF EA LS SF Control: 188 LF 280 LF 1 EA 880 SF Dated: 4-16-03 Page 1 of 2 UNiIT PRICE COST 0.20 4.50 5.50 $ 1.60 $ 1.10 $ 500.00 $ 0.40 Subtotal Surface Improvements (onsite): SURFACE IMPROVEMENTS (OFFSITE): Curb Outlet Curb & Gutter Removal Sidewalk Curb & Gutter Driveway WALLS: 1 EA 95 LF 308 SF 95 LF 338 SF Subtotal Surface Improvements (offsite) Gravity Wall Crib Wall Masonry Retaining Wall 146 SF 2,480 SF 569 SF Subtotal Walls: $ 13.75 $ 9.00 $ lump sum $ 3.65 lump sum $ 3.00 $ 3.65 $ 13.75 $ 3.95 $ 4,580.00 S 2,227.50 $ 32,450.00 $39,257.50 $ 1,248.00 $ 33.00 $ 500.00 $ 2,320.00 $ 4,101.00 $ 2,585.00 $ 2,520.00 $ 1,600.00 $ 3,212.00 $ 9,917.00 $ 2,200.00 $ 285.00 $ 1,124.20 $ 1,306.25 $ 1,225.10 $ 6,140.55 $ 22.00 $ 3,212.00 $ 25.00 $ 62,000.00 $ 29.65 $ 16,870.75 $ 82,082.85 1 317. Apr 16 03 04:06p Meridian 1-858-G6S-1912 PROJECT: ENGINEER: Prepared By: FINAL GRADING ESTIMATE FOR QAvenue Homes - CITY OF NATIONAL CITY TRACT NO. 2002-1 Meridian Engineering Group S.S. XINOS VI. UTILITIES: 6" Sewer Main Sewer Manhole (s-2) Sewer Cleanout Sewer Laterals (6") Water Service w/ meter Fire Hydrant Assemply Subtotal Utilities ITEM VII. SUMMARY: mate S gnedBy: 164 LE 1 EA 1 EA 5 EA 6 EA 1 EA QTY. UNIT Subtotal Grading/ Earthwork: Subtotal Erosion Control: Subtotal Surface Improvement.: Subtotal Surface Improvements ,Subtotal Walls Subtotal Utilities: TOTAL: 101 Contingency: FINAL TOTAL: FOR BONDING PURPOSES USE: yd ey S. X ni os RCE 27399 Registration Expires: 3-31-2005 Estimate Approved By: City of Nationa ,City City Engi Adam J. L Assistant Ci Y ngineer Dated: 4-16-03 Page 2 of 2 $ 45.00 $ 7,380.00 lump sum $ 3,100.00 lump sum $ 1,600.00 $ 1,150.00 $ 5,750.00 $ 2,100.00 $ 12,600.00 lump sum $ 3,500.00 $ 33,930.00 UNIT PRICE COST (onsite): (offsite): 39,257.50 4,101.00 9,917.00 ;,140.55 ,082.85 33,930.00 175,428.90 17,542.89 192,971.79 $ 193,000.00 3 9 8 2 {/% Apr 18 03 04:06p Meridian 1-858-695-1912 P. EXHIBIT "D" MERIDIAN ENGINEERING GROUP A DIVISION Orl'EXAS PROVEsSlt MANAGEM ENT, INC. AUSTIN:EX 0 SAN inr:co.C:A 9815 Carroll Canyoil Road, Suite 202 San Diego, Ca 9Z13; (R5S) 05-9222 + fas i'87:;%) 695-1912 April 16, 2003 City of National City Department of Public Works 1243 National City Blvd National City, CA 91950-4301 Attention: Adam J. Landa Re: "Q" Avenue Homes City of National City Tract No. 2002-1 Dear Mr. Landa: I have determined that the cost to set the final monumentation for the above - referenced final parcel map would be $1,000.00. If you have any questions or comments, please do not hesitate to call. Meridian Engineering Group a/4 Sy ey S. Xinos no. 2739a Exp 3-1a Estimate Approved By: VI City of National City City Eng By: Adam J. Lan Assistant Civi ginner 7/7