HomeMy WebLinkAbout2003-231
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RESOLUTION NO. 2003-231
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 14715, LOCATED ON THE NORTHEAST CORNER OF WESTERN
A VENUE AND DEVIL CREEK CHANNEL, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN
SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
No. 14715, located on the northeast corner of Western Avenue and Devil Creek Channel,
together with the provisions for their design and improvements, is consistent with the General
Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on
behalf of said City to execute the standard form of agreement adopted by Resolution No, 90-
427 with S.B, 59 Associates, L.P. for improvements in said subdivision tract as are required
by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act.
The time for performance is specified at 24 months. Said improvements are specifically
described and shown on Drawings approved and on file in the office of Development Services
of the City of San Bernardino,
SECTION 3. The Final Map of said subdivision tract is hereby approved and the
City of San Bernardino hereby accepts as public property all dedications within the
subdivision as shown on said Final Map for streets, alleys (including access rights), drainage
and other public easements, As a condition precedent of approval of the Final Map, the
2003-231
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RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
14715...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR
PERFORMANCE SPECIFIED.
Subdivider shall first execute the agreement referenced in Section 2 hereof for the
improvements within said Subdivision.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution,
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
III
III
2003-231
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RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
14715...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR
PERFORMANCE SPECIFIED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
jt.
and Common Council of the City of San Bernardino at a reg. meeting thereof, held on
the 18thdayof August ,2003, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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ESTRADA
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LONGVILLE
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MC GINNIS
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DERRY
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SUAREZ
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ANDERSON
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MC CAMMACK
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/)
~/0--t. /{] U-t\. ..../2-
City lerk
2003,
The foregoing resolution is hereby approved this 17 day of Augus t
0/:J-
Neil Derry, /vhYor Pro Tem
City of San Bernardino
24 Approved as to
Form and legal content:
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JAMES F, PENMAN,
City Attorney
By: ~ ?-.~
U
j
r------------------------------------------------------------------------------------------------------~------~--,
2003-231 :
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City of San Bernardino, California j
Dep't. of Development Services / Public Works Division
TRACT NO. 14715
TRACT NO. 14715
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VICINITY
N. T. S,
MAP
2003-231
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AGREEMENT '.
( Subdi vJ.sJ.on Improvements)
THIS AGREBMBNT is made and entered into as of this 18th
4 day of
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August
, -i'9" 1222.., by and between the CITY OF SAN
BERNARDINO, a MunicJ.pal Corporation, hereinafter referred to as
"City", and
S.B._59 Associates. L.P.
, hereinafter
referred to as "Subdivider".
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RECITALS
A.
WHEREAS, SubdivJ.der has presented to City for
10 approval a final subdJ.visJ.on map (hereinafter called "map")
11 entJ. tled
Tract 14715
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; and,
B.
WHEREAS, the map has been fJ.led with the City for
15 presentatJ.on to the City CouncJ.l (hereinafter called "Council")
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f the City for its approval, which map J.s hereby referred to and
J.ncorporated hereJ.n: and,
C.
WHEREAS, SubdivJ.der has requested approval of the map
the construction and completJ.on of J.mprovements,
all streets, highways or publJ.c ways and public utility
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acJ.litJ.es whJ.ch are a part of, or appurtenant to, the
ubdivisJ.on (hereinafter called "subdivJ.sJ.on") designated in the
ap, all J.n accordance with, and as requJ.red by, the Plans and
pecifications for all or any of said improvements in,
ppurtenant to, or outside the lJ.mits of subdivision, which Plans
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nd Specifications are now on file in the Office of the City
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ng1neer of the City: and,
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2003-231
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D.
WHEREAS, Council has approved said map and accepted
3 the dedications therein offered, or some thereof, on condition
4 that Subdivider first enter into and execute this Agreement with
5 the City; and,
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E.
WHEREAS, This Agreement is executed pursuant to the
7 provisions of the Subdivision Map Act of the State of California
8 and Title 19 San Bernardino Municipal Code.
9 NOW THEREFORE, for and in consideration of the approval of
10 the map and of the acceptance of the dedications, or some
11 thereof, therein offered and in order to insure satisfactory
12 performance by Subdivider of Subdivider's obligations under said
13 Subdivision Map Act and said Ordinance, the parties agree as
14 follows:
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1. Performance of Work. Subdivider will do and perform,
16 or cause to be done and performed, at Subdivider's own expense,
17 in a good and workmanlike manner, and furnish all required
18 materials, all to the satisfaction of the City Engineer of City,
19 the work and improv_ents ,.,ithin (and/or without) the subdivision
20 to complete the improvements in accordance with the Plans and
21 Specifications on file as hereinbefore specified, or with any
22 changes required or ordered by said Engineer which, in his
23 opinion, are necessary or required to complete the work.
24 2. Work: Places and Grades 1:0 be Fued by Engineer. All
25 of said work is to be done at the places, of the materials, in
26 the manner, and at the grades, all as shown upon the Plans and
27 Specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his office, and to the satisfaction of
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September 20, 1990
2003-231
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2 said City Engineer.
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3.
Work:
Time for Co_encement and Performance. City
4 hereby fixes the time for the completion of said work to be
5 within 24 months from the date hereof.
6 4. Time of Essence - Extension. Time is of the essence of
7 this Agreement: provided that, in the event good cause is shown
8 therefor, the City Engineer may extend the time for completion of
9 the improvements hereunder.
Any such extension may be granted
10 without notice to the Subdivider' s surety, and extensions so
11 granted shall not relieve the surety's liability on the bond to
12 secure the faithful performance of this Agreement.
The City
13 Engineer shall be the sole and final judge as to whether or not
14 good cause has been shown to entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or
16 have replaced, or repair, or have repaired, as the case may be,
17 all pipes and monuments shown on the map which have been
18 destroyed or damaged, and Subdivider shall replace, or have
19 replaced, repair, or have repaired, as the case may be, or pay to
20 the owner the entire cost of replacement or repairs, of any and
21 all property damaged or destroyed by reason of any work done
22 hereunder, whether such property be owned by the United States,
23 or any agency thereof, or the State of California, or any agency
24 or political subdivision thereof, or by the City, or by any
25 public or private corporation, or by any person whomsoever, or by
26 any combination of such owners. Any such repair or replacement
27 shall be to the satisfaction, and subject to the approval, of the
28 City Engineer.
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6.
Ut~1~ty Depos~ts - Statemene.
Subd~v~der sha11 fi1e
with the City C1erk, pr~or to the commencement of any work to be
4 performed within the area de1ineated on the map, a written
5 statement signed by Subdivider, and each pub1~c ut~lity
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corporation involved, to the effect that Subd~vider has made all
deposits 1ega11y required by such public ut~1ity corporation for
the conn~ction of any and a11 publ~c uti1it~es to be supp1~ed by
such pub1ic uti1ity corporat~on within the Subd~vision.
Comp1~ance w~th Law.
Subdivider sha11, at
7.
Perm~ts:
Subdivider's expense, obta~n all necessary permits and 1icenses
12 for the construction of such improvements, give all necessary
13 notices and pay a11. fees and taxes required by law. Subdivider
14 shal1 comply with al1 provisions of the Subdivis~on Map Act and
15 Title 19 San Bernardino Municipal Code.
16 8. Super:lntendence by Subdiv~der. Subdivider shal1 give
17 persona1 super~ntendence to the work on said ~mprovement, or have
18 a competent foreman or super~ntendent, satisfactory to the City
19 Engineer on the work at a11 t~mes during progress, with authority
20 to act for Subd~vider.
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9.
Subdiv~der sha11 at all times
Xnspect~on by C~ty.
22 maintain proper fac~1ities and provide safe access for inspection
23 by City to al1 parts of the work and to the shops wherein the
24 work is ~n preparat~on.
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10.
Concurrently with the execution
Contract Secur~ty.
26 hereof, Subdivider shall furnish to City ~mprovement security as
27 fol1ows:
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(a) An amount equal to at least one hundred percent (100%)
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September 20, 1990
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2003-231
of the total estimated cost of the improvement and
acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the
total estimated cost of the improvements and acts to
be performed as security for the payment of all
persons performing labor and furnishing materials in
connection with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%)
of the total estimated cost of the improvements and
acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year
following the completion and acceptance thereof
against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the
security and in addition to the face amount of the
security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing the
obligation secured.
The type of security furnished
shall be in the form of bonds, deposits or letters of
credit as provided in Title 19 San Bernardino
Municipal Code, and the type shall be at the option of
and subject to the approval of the City Engineer and
the City Attorney.
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11. Subdivider's Insurance. Subdivider sha11 not commence
3 work under this Agreement unti1 Subdivider shall have obtained
4 a1l insurance required under this paragraph, and such insurance
5 sha1l have been approved by City Attorney as to form, amount and
6 carrier, nor sha1l Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 unti1 all similar insurance required of the contractor or
9 subcontractor shall have been so obtained and approved. All
10 requirements herein provided shall appear either in the body of
11 the insurance po1icies or as endorsements and sha1l specifically
12 bind the insurance carrier.
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(a)
Workers Compensation Insurance/Employer's Liability
Insurance. Subdivider shall maintain, during the life
of this Agreement, Worker's Compensation Insurance and
Employer's Liabi1ity Insurance for all Subdivider's
employees emp10yed at the site of improvement, and, in
case any work is sublet, Subdivider sha1l require any
contractor or subcontractor similarly to provide
Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or
subcontractor's employees, un1ess such employees are
covered by the protection afforded by Subdivider. In
case any c1ass of employees engaged in work under this
Agreement at the site of the project is not protected
under any Worker's Compensation Law, Subdivider sha1l
provide, and shall cause each contractor and
subcontractor to provide, adequate insurance for the
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eptember 20, 1990
2003-231
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2 protection of employees not otherwise protected.
3 Subdivider shall indemnify City for any damage
4 resulting to it from failure of either Subdivider or
5 any contractor or subcontractor to take out or
6 maintain such insurance.
7 (b) Public Liability and Property Damage l:nsurance.
8 Subdivider shall take out and maintain, during the
9 life of this Agreement, such public liability and
10 property damage insurance as shall insure City, its
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elective and appointive boards, commissions, officers,
agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement from claims for damages for personal injury,
(as defined hereunder), including death, as well as
from claims for property damage or product liability
which may arise from Subdivider's or any contractor's
or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or
subcontractor, or by anyone, including, without
limitation, agents, employees or independent
contractors, directly or indirectly employed by either
Subdivider or any contractor or subcontractor, and the
amounts of such insurance shall be as follows:
(1)
Public Liability l:nsurance.
In an amount not
less than One Million Dollars ($1,000,000.00) for
injuries, including, but not limited to, death,
to anyone person, and, subject to the same limit
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for each person, in an' amount not less than One
Million Dollars ($1,000,000.00) on account of any
one occurrence: Product Liability Insurance
coverage should be part of the Public Liability
Insurance:
(2) Property Damage :Insurance. In an amount not less
than One Million Dollars ($1,000,000.00)
for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance
pOlicies provided for in this Paragraph 11 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain
a standard form of crOSS-liability endorsement,
insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and
employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement.
(3) '1'a:1.1 Coverage.
Insurance coverage, albe:1.t for
public liability or property damage, shall be
written, if possible, on an "occurrence" form
rather than a "claims made" policy.
If the
insurance pol:1.cy ,is written on a "claims made"
policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of
one (1) year from completion of the project. All
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subcontractors must and shall comply with the
same insurance provisions as the contractor(s)
and subdivider(s).
(4) Personal Injury - Defined. As used herein, the
term "personal injury" shall be defined as a hurt
or damage to one's person including, without
limitation, damage to health, cuts, bruises,
broken limbs and/or bones, or the like,
disabilities or impairments, including
aggravation of existing injuries, on invasion of
personal rights, including libel or slander
criminal conversation, malicious prosecution,
false imprisonment and mental suffering.
12.
Evidence of Insurance.
Subdivider and contractor
16 shall furnish City, concurrently with the execution hereof,with
17 satisfactory evidence of the insurance required, and evidence
18 that City is named and endorsed on the policy as an additional
19 insured. Subdivider and contractor shall also provide City with
20 evidence that each carrier will be required to give City at least
21 ten (10) days prior written notice of the cancellation or
22 reduction in coverage of any pOlicy during the effective period
23 of this Agreement.
24 13. Hold Harmless/Indemnification.
Subdivider(s)/
25 Developer(s) hereby agree to and shall protect, defend, indemnify
26 and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
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2003-231
liens, demands and cause of action of' every kind and characte
including, but not limited to, the amounts of judgments,
penalties, interests, court costs, attorney's/legal fees, and all
other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or
compensation, personal injuries, including employees of the City,
death or damages to property (including property of the City) and
without limitation by enumeration, all other claims or demands of
every character occurring or in any way incident to, in
connection with or arising directly or indirectly, (including
from the negligent performance by its officers, employees,
agents) from the terms of this Agreement, whether such
operations/incidents are caused by contractor, Subdivider or any
of contractor/Subdivider's subcontractors, contractors or by any
one or more persons directly or indirectly employed by or acting
as agent for contractor, Subdivider, or anyone of contractor or
Subdivider's contractors or subcontractors. Subdivider/Developer
shall investigate, handle, respond to, provide defense for and
defend any such claims, demand, or suit at the sole expense of
the Subdivider/Developer even if the claim or claims alleged are
groundless, false or fraudulent.
Subdivider agrees to, and
shall, defend City, its appointive boards, commissions, officers,
agents and employees from any suits or actions at law or in
equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the
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17 TMs
aforesa~d hold harmless agreement, because of the
acceptance by C~ty, or the depos~t with City by
Subdiv~der, or any of the ~nsurance pOlicies described
~n Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by
Subdiv~der sha11 apply to all damages and cla~ms for
damages of every k~nd suffered, or alleged to have
been suffered, by reason of any of the aforesaid
operations referred to ~n tMs paragraph, regardless
of whether or not City has prepared, suppl~ed or
approved of Plans and/or Specif~cat~ons for the
subd~v~sion, or regardless of whether or not such
~nsurance polic~es shall have been determined to be
appl~cable. to any of such damages or claims for
damages.
prov~s~on ~s not ~ntended to create any cause of act~on ~n
18 favor of any third party against Subdiv~der/Developer or the City
19 or to en1arge in any way the Subdiv~der's/Developer's liabi11ty
20 but ~s intended solely to provide for ~ndemnif~cat~on of the City
21 from liab~lity for damage or ~njur~eB to th~rd persons or
22 property ar~s~ng from Subdiv~der/Developer's performance
23 ereunder.
24 14. 'l'1tle to :tmp...ov_entB. T~t1e to, and ownership of,
25 all improvements constructed hereunder by Subdivider shall vest
26 absolutely ~n City, upon completion and acceptance of such
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by City.
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15.
Repair or Reconstruction of Defective Work.
If,
within a period of one year after final acceptance of the work
performed under this Agreement, 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 Specifications referred to
herein, Subdivider shall, without delay and without any cost to
City, repair or replace or reconstruct any defective or otherwise
11 unsatisfactory part or parts of the work or structure.
Should
12 Subdivider fail to act promptly or in accordance with this
13 requirement, or should the exigencies of the situation as
14 determined by the Ci ty in the exercise of its sole discretion
15 require repair, replacement or reconstruction before the
16 Subdivider can be notified, City may, at its option, make the
17 necessary repairs or replacements or perform the necessary work,
18 and Subdivider shall pay to the City the actual cost of such
19 repairs plus fifteen percent (15%).
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21 any of Subdivider's agents or contractors are, or shall be,
22 considered to be agents of City in connection with the
23 performance of Subdivider's obligations under this Agreement.
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16.
Subdivider Not: Aqent of City.
Neither Subdivider nor
17.
Cost of Engineering and :Inspection.
Subdivider shall
25 pay to City the costs of all permit fees for all engineering
26 inspections and other services connected with the City in regard
27 to the subdivision. Said fees shall be paid prior to commencing
28 any construction.
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18. Not~ce of Breach and Defauit. If Subd~v~der refuses
or fa~ls to obta~n prosecut~on of the work, or any severable part
thereof, w~th such d~l~gence as w~ll ~nsure ~ts completion w~thin
the time specified, or any extens~ons thereof, or fails to obtain
completion of sa~d work within such time, or if the Subdivider
should be adjudged a bankrupt, or Subdivider should make a
general assignment for the benefit of Subdivider's creditors, or
~f a receiver should be appointed in the event of Subdivider's
insolvency, or ~f Subdivider, or any of Subdivider's contractors,
subcontractors, agents or employees, should v~olate any of the
provis~ons of this Agreement, City Engineer or City Council may
serve wr~tten notice upon Subdivider and Subd~vider's surety of
breach of this Agreement, or of any port~on thereof, and default
of Subdivider.
19.
Breach of Agreuaent: Performance by Surety or City.
In the event of any such notice, Subdiv~der's surety shall have
the duty to take over and complete the work and the ~mprovement
herein specif~ed: prov~ded, however, that if the surety, within
f~ve days after the serv~ng upon of such not~ce of breach, does
not give City wr~tten notice of ~ts ~ntent~on to take over the
performance of the contract, and does not cOllllllence performance
thereof within f~ve days after not~ce to City of such election,
City may take over the work and prosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of Subdivider, and Subdivider's
surety shall be liable to City for any excess cost or damages
28 occasioned City thereby: and, in such event, City, without
BAS/mgl[Subdivimp.Agr] 13
September 20, 1990
2003-231
1
2 liability for so doing, may take possession of, and utilize in
3 completing the work, such materials, appliances, plant and other
4 property belonging to Subdivider as may be on the site of the
5 work and necessary therefor.
6 20. Notices. ,All notices herein required shall be in
7 writing, and delivered in person or sent by registered mail,
8 postage p~epaid.
9 (a) Notices required to be given to City shall be
10 addressed as follows:
11
12
13
City Administrator
City Hall
300 North "D" Street
San Bernardino, California
92418
14 (b) Notices required to be given to Subdivider shall be
15
16
17
addressed as follows:
S.B. 59 Associates. L.P.
555 Cajon st., ste. G Redlands, CA 92373
18 (c) Notices required to be given to surety of Subdivider
19 shall be addressed as follows:
20 The Insco Dice Group
21 17780 Fitch, ste. 200 Irvine, CA 92614
22 PrOVided that any party or the surety may change such address by
23 notice in writing to the other party, and, thereafter, notices
24 shall be addressed and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be binding
26 upon and inure to the benefit of each of the parties and their
27 respective legal representatives, successors, heirs and assigns.
28 III
AS/mgl[Subdivimp.Agr] 14
September 20, 1990
2003-231
1
2 IN WXTNESS WHEREOF, the parties hereto have executed this
3 Agreement on th~ day and year first above written.
4
5
6
7
8
ATTEST:
CITY OF SAN BERNARDINO
By, ~62;
Neil Derr. ayor Pro Tem
City of San Bernardino
C~t.~ .C ~ - CLa~-/L
Approved as to form
and legal content:
JAMES F. PENMAN,
9 City Attorney,
10 By: ~ l ~
11 tl
12
13 INSTRUCTIONS
By
ecretar
14 If the Subdivider is a corporation, the Agreement must be
15 executed in the corpo~ate name and signed-by the President or a.
Vice-President and the Secretary or Assistant Secretary, and, the
corporate seal affixed., If the Subdivider is a Partnership, it
16
17
18
19
20
21
22
23
24 STATE OF CALIFORNIA
must be signed by all partners.
If the Subdivider is an
individual doing business under a fictitious name, it must be
signed by all persona having an interest in the business, and the
fictitious name must be signed also. The Agreement must be
notarized.
)
)
)
ss.
25
26
27
28
COUNTY OF
On this day of
e, the undersigned, a Notary P
tate, personally appeared
, 19 , before
c in and for said County and
ersonally known
atisfactory evi
me (or proved to me on the basis of
ce to be the President, and
15
See- AIiackI ft/l,~
2003-231
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
"
I'
,:
State of califo~ /'2-.. 'f } SS,
County of ~ 7JJilP"140 ,
onc;v.~ ~~ ,~forem, ".I',m',"'"""1 '~'I,g'"'''f!::'1'' bll,) Ie.."
personally appeared 1" /b"tc- :::lfr~
Name(s}ofSlgner(s)
)o(personally known to me
D l-',vvc;(J Iv "'" 31. tl'0 5a,l);.... vr ........l;....f........lvry
g"i~QR<;;'€'
J - - - - :..::i:;~~7:7 -I
-@.NotaryPubllc'CalllomIaf
San Bernardino CounIy -
My Camm, EJCpIre$ feb 2,2007
to be the person~ whose name~ is~
subscribed to the within instrument and
acknowledged to me that he/o.eilR., executed
the same in his/~ authorized
capacity(.Miet, and that by his(Rsr'il=leir
signature~ on the instrument the person(1), or
the entity upon behalf of which the person~
acted, executed the instrument.
my 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 Attache~ocument
Title or Type of Document:(Jr~~dI/iSl'M. ~JfA/~
Document Date N)I!;'ber at Paw,s /7 '.~
ru:.t/u.a.WJ~ .
Slgner(s) Other Than Named Above: -....../
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual
D Corporate Officer - Title(s):
U Partner - U Limited LJ General
D Attorney-in-Fact
D Trustee
D Guardian ~serv~ ..,t.
AJOther: ~1
/ '- V
Signer Is Representing:
Top of thumb here
<;;;/'/e4
@ 1999 National Notary Association' 9350 De Soto Ave.. P.O. Box 2402' Chalsworth, CA 91313-2402' www.nationalnotary.or9
Prod. No. 5907
Reorder: Call TolI.Free 1-800-876.6827
I
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2003-231
personally known to me (or prove
sat~sfactory ev~dence) to be the
of the corporat~on that executed
the w~thin ~nstrument, and kno
to me to be the persons who
executed the within ~nst nt
on behalf of the corpora on
therein named, and ac wI edged
to me that such corP- ation
executed the same, ursuant to
its by-laws, or resolution of
its Board of D ectors.
WITNESS my d and official seal.
Notary Signature
me on the basis of
(This area for official seal.)
AS/mgl[Subdivimp.Agr]
eptember 20, 1990
16