HomeMy WebLinkAbout2001-131
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RESOLUTION NO. 2001-131
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR PARCEL MAP
NO. 15537, LOCATED AT THE NORTHWEST CORNER OF KENDALL DRIVE AND
UNIVERSITY PARKWAY, 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 Parcel Map
No. 15537, located at the Northwest corner of Kendall Drive and University Parkway, 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 Parcel Map Improvement Agreement with Berkson Realty Advisors, L.L.c.
A California Limited Liability Company, for the improvements in said Parcel Map as are
required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map
Act. The time for performance is as specified in the Agreement. 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 Parcel Map is hereby approved and the City of
San Bernardino hereby accepts as public property all dedications within the subdivision as
shown on said Parcel Map for streets, alleys (including access rights), drainage and other public
easements. As a condition precedent to approval of the Parcel Map, the Subdivider shall first
execute the agreement referenced in Section 2 hereof for the improvements within said Parcel
Map limits.
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2001-131
RESOLUTION...APPROVING FINAL PARCEL MAP NO. 15537...
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 This Resolution is rescinded if the parties to the agreement fail to execute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.
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2001-131
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RESOLUTION...APPROVING FINAL PARCEL MAP NO. 15537...
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regularmeeting thereof, held on the
4th day of
June ,2001, by the following vote, to wit:
6 Council Members:
AYES
ABSTAIN ABSENT
NAYS
ESTRADA
x
LIEN
x
MC GINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
MC CAMMACK
x
~17.~
19 The foregoing resolution is hereby approved this Sn-I
day of
June ,2001.
~;:,~
. Be ty Anderson, Mayor Pro
City of San Bernardino
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23 Approved as to
Form and legal content:
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Tern
JAMES F. PENMAN,
City Attorney
By:
~ .
2001-131
AGREEMENT
(Parcel Map Improvements)
THIS AGREEMENT is made and entered into as of this 4th
day of
June
20~, by and between the CITY OF SAN
BERNARDINO, a Municipal Corporation, hereinafter referred to as
"City", and -1J/J1vPAUr ('h:r/MfWd./ Lfj , hereinafter
referred to as "Subdivider".
RECITALS
A. WHEREAS, Subdivider has previously received City
approval of Tentative Parcel Map No. /-5?).37, and has presented to
,
City for approval a final parcel map (hereinafter called "map")
entitled
;? /11 ,
/ .F5"3 'l
; and,
B. WHEREAS, the map has been filed with the City for
presentation to the City Council (hereinafter called "Council") of
the City for its approval, which map is hereby referred to and
incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map
prior to the construction and completion of improvements,
including all streets, highways or public ways and public utility
facilities which are a part of, or appurtenant to, the subdivisior
(hereinafter called "subdivision") designated in the map, all ir
accordance with, and as required by, the Plans and Specificationf
for all or any of said improvements in, appurtenant to, or outsidE
the limits of subdivision, which Plans and Specifications are no'
on file in the Office of the City Engineer of the City; and,
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2001-131
D. WHEREAS, Council has approved said map and accepted the
dedications therein offered, or some thereof, on condition that
Subdivider first enter into and execute this Agreement with the
City; and,
E. WHEREAS, This Agreement is executed pursuant to the
provisions of the Subdivision Map Act of the state of California
and Title 19 San Bernardino Municipal Code.
NOW THEREFORE, for and in consideration of the approval of
the map and of the acceptance of the dedications, or some thereof,
therein offered and in order to insure satisfactory performance by
Subdivider of Subdivider's obligations under said Subdivision Map
Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perform, or
cause to be done and performed, at Subdivider's own expense, in a
good and workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete
the improvements in accordance with the Plans and Specifications
on file as hereinbefore specified, or with any changes required or
ordered by said Engineer which, in his opinion, are necessary or
required to complete the work.
2. Work: places and Grades ~o be Fixed by Enqineer. All
of said work is to be done at the places, of the materials, in the
manner, and at the grades, all as shown upon the Plans and
Specifications therefor, heretofore approved by City Engineer and
which are now on file in his office, and to the satisfaction of
said City Engineer.
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3. Work: Time for Commencement and Performance.
Construction of required improvements shall begin within 90 days
of the receipt by Subdivider of the Notice to proceed from the
City.
4. Time of Essence - Extension. Time is of the essence of
this Agreement; provided that, in the event good cause is shown
therefor, the City Engineer may extend the time for completion of
the improvements hereunder.
Any such extension may be granted
wi thout notice to the Subdivider's surety, and extensions so
granted shall not relieve the surety's liability on the bond to
secure 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.
5. Repairs and Replacements. Subdivider shall replace, or
have replaced, or repair, or have repaired, as the case may be,
all pipes and monuments shown on the map which have been destroyed
or damaged, and Subdivider shall replace, or have replaced,
repair, 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 whomsoever, or by any combination of
such owners.
Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6.
Utility Deposits - Statement.
Subdivider shall file
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with the City Clerk, prior to the commencement of any work to be
performed within the area delineated on the map, a written
statement signed by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for'
the connection of any and all public utilities to be supplied by
such public utility corporation within the Subdivision.
7. Permits: Compliance with Law. Subdivider shall, at
Subdivider's expense, obtain all necessary permits and licenses
for the construction of such improv8lllents, give all necessary
notices and pay all fees and taxes required by law. Subdivider
shall comply with all provisions of the Subdivision Map Act and
Title 19 San Bernardino Municipal COde.
B. SuPerintendence by Subdivider. Subdivider shall give
personal superintendence to the work on said improvement, or have
a competent foreman or superintendent, satisfactory to the City
Engineer on the work at all times during progress, with authority
to act for Subdivider.
9.
ZDspection by Ci 1:y .
Subdivider 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.
10. Contract Securi 1:y. COncurrently with the execution of
this agreement, except for residential pl!1.\!;'cel maps, the Subdivider
shall furnish to City Engineer improvem~nt security as follows:
(a) An amount equal to at least one hundred percent (lOOt)
of the total estimated cost 0:1( the improvement and acts
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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 shi!1.1l be at. the option of and
subject to the approval of the City Engineer and the
City Attorney.
11. Subdivider's Insurance. Exoept fldr residential parcel
maps where improvements are con; . "l.Icted OS? an owner/builder,
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2001-131
Subdivider shall not commence work under this Agreement until
Subdivider or Subdivider's contractor has obtained all insurance
required under this paragraph, and such insurance has been
approved by City Attorney as to form, amount and carrier, nor
shall Subdivider allow any contractor or subcontractor to commence
work on his contract or subcontract until all similar insurance
required of the contractor or subcontractor has been so obtained
and approved.
All requirements herein provided shall appear
either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
(a) Workers Compensation Insurance/Employer' 8 Liabili 1:y
Insurance. Subdivider shall maintain, during the time
period that the improvements are constructed, Worker's
Compensation Insurance and Employer's Liabili ty
Insurance for all Subdivider's employees employed at
the site of improvement, and, in case any work is
sublet, Subdivider shall require any contractor or
subcontractor similarly to provide Worker's
Compensation Insurance and Employer's Liabili ty
Insurance for all contractor's or subcontractor's
employees, unless such employees are covered by the
protection afforded by Subdivider. In case any class
of employees engaged in work under this Agreement at
the site of the project is not protected under any
Worker's Compensation Law, Subdivider shall provide,
and shall cause each contractor and subcontractor to
provide, adequate insurance for the protection of
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employees not otherwise protected.
Subdivider shall
indemnify City for any damage resulting to it from
failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance.
(b) Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain, during the time
period that the improvements are constructed, such
public liability and property damage insurance as shall
insure City, its 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 Llabi11 tv Insurance.
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) Tail Coverage.
Insurance coverage, albeit for
public liability or property damage, shall be
written, if possible, on an "occurrence" form
rather than a "claims made" policy.
If the
insurance policy 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, invasion of
personal rights, including libel or slander,
criminal conversation, malicious prosecution,
false imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall
furnish City, concurrently with the execution hereof, with
satisfactory evidence of the insurance required, and evidence that
City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence
that each carrier will be required to give City at least ten (10)
days prior written notice of the cancellation or reduction in
coverage of any policy during the effective period of this
Agreement.
13.
Hold Harmless/Indemnification.
Subdivider(s)/
Developer(s) hereby agree to and shall protect, defend, indemnify
and hold the City and its elective and ~rpointive boards,
commissions, officers, agents, employees and ~ervants free and
harmless from any and all liability losses, 'iamages, claims,
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liens, demands and cause of action of every kind and character
including, but not limited to, the amounts of judgments,
I
penalties, interests, court costs, attorney's/legal fees, and all
1
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 /Subdi vider' s
subcontractors, contractors or by anyone 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 sui t 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 ae follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it m~y have by reason of the
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aforesaid hold harmless agreement, because of the
acceptance by City, or the deposit with City by
Subdivider, or any of the insuranc8 pOlicies described
in Paragraph 11 hereof.
(b) That the aforesaid hold harmlGlss agreement by
Subdivider shall apply to all damoges and claims for
damages of every kind suffered, or alleged to have been
suffered, by reason of any of the Ktoresaid operations
referred to in this paragraph, regardless of whether or
not City has prepared, supplied Q~ approved of Plans
and/or
Specifications
for tn".
subdivision,
or
regardless of whether or not such insurance policies
shall have been determined to be ~pplicable to any of
such damages or claims for damages.
This provision is not intended to create any cause of action in
favor of any third party against Subdivider/Developer or the City
or to enlarge in any way the Subdivider's/D*veloper's liability
but is intended solely to provide for indemnification of the City
from liability for damage or injuries to third persons or property
arising from Subdivider/Developer's performance hereunder.
14. Title to :IlDProvements. Title to, (end ownership of, all
improvements 'constructed hereunder by Subdivider shall vest
absolutely in City, upon completion and acceptance of such
improvements by City.
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
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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
unsatisfactory part or parts of the work or structure.
Should
Subdivider fail to act promptly or in accordance with this
requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion
require repair, replacement or reconstruction before the
Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work,
and Subdivider shall pay to the City the actual cost of such
repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor
any of Subdivider'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.
17. Cost of Engineering and Inspection. Subdivider shall
pay to City the costs of all permit fees for all engineering
inspections and other services connected with the City in regard
to the subdivision. Said fees shall be paid prior to commencing
any construction.
18. Notice of Breach and Default. If Subdivider refuses or
fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within
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the t~me spec~f~ed, or any extens~ons thereof, or fa~ls to obta~n
complet~on of sa~d work w~th~n such t~me, or ~f the Subdivider
should be adjudged a bankrupt, or Subd~v~der should make a general
assignment for the benefit of Subdivider's creditors, or if a
rece~ver should be appo~nted ~n the event of Subdivider's
insolvency, or ~f Subd~v~der, or any of Subdiv~der's contractors,
subcontractors, agents or employees, should violate any of the
prov~s~ons of th~s Agreement, c~ty Eng~neer or C~ty Counc~l may
serve wr~tten not~ce upon Subdivider and Subd~vider's surety of
breach of th~s Agreement, or of any portion thereof, and default
of Subdiv~der.
19. Breach of Agreement: Performance by Surety or City. In
the event of any such not~ce, Subdivider's surety shall have the
duty to take over and complete the work and the improvement herein
specified: provided, however, that if the surety, within five days
after the serving upon of such notice of breach, does not give
City written notice of its intention to take over the performance
of the contract, and does not commence performance thereof within
five days after notice 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 occasioned City
thereby: and, in such event, 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 the site of the work and necessary
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therefor.
Alternatively, in the ~vent of default by Subdivider,
the City may cause the construction to be done and charge the
entire cost and expense to Subdivider or his successors, including
interest at the legal rate from the date of notice of the cost and
expense until paid. Said cost, expense, and interest shall be
recorded as a lien against the subdivision property.
20.
Notices.
All notices herein required shall be in
writing, and delivered in person or sent by registered mail,
postage prepaid.
(a) Notices required to k!~ giv@1'l to City shall be addressed
as follows:
City Administrator
Ci ty Hall
300 North "D" Street
San Bernardino, Californi~
92US
(b) Notices required to be given to Subdivider shall be
addressed as follows:
fJaKSON tf'it9-uY J<l.j)111 \oA'~, /-LL
1337 .:Jjv1>11I 51.
5/W /)i (t, (], 1/1 11.)..101
/Ynv: fku/lH(/) &~K<n,..j
(c) Notices required to be given to ~urety of Subdivider
shall be addressed as follows:
t< 0 j)f IlT r. /)f( /1/ fit C ih-n 1'Ji/;vy:
/ /,.)..0 FI FTH &EtVi/[
~~ {)I f't({. (f! q..JID I /f-n7lJ: BIMT )IfwMT
Provided that any party or the surety may change such address by
notice in writing to the other party, and, thereafter, notices
shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon
and inure to the benefit of each of the parties and their
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respective legal representatives, successors, heirs and assigns.
22. Recorded Agreement. This agreement shall be recorded
in the office of the San Bernardino County Recorder at the expense
of the Subdivider.
23. Attorneys Fees. If legal action is taken to enforce or
interpret any provision of this Agreement, then the prevailing
party in that action will be entitled to recover from the losing
party all attorneys' fees and costs in connection with that
action, which amount shall be recorded as a lien against the
subdivision property
24. Subdivider Defined.
The term "Subdivider" shall
include not only the present owner of the subdivision property but
also any heirs, successors, executor, administrators or assigns,
with the intent that the obligations undertaken in the Agreement
shall run with the real property which is the subject to the
subdivision.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
a~1..1 /d.~
~Ci'.;ik
B~~
Betty ~derson, Mayor Pro
City of San Bernardino
Tell..
Approved as to form
and legal content:
SUBDIVIDER: I!I1'-VU]IJ (frntltwlS, L.lL
By: Bt::f<K(O/\) R(;&TY !J-nvIJo!ti, L.LL
1/ tn1'J1v174!1f,.
By: !:hrwtn<{) f!5r:;/f 'iJ ON
m7il7U
By:
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