HomeMy WebLinkAbout1999-161
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RESOLUTION NO.
1999-161
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
3 FINAL MAP FOR SUBDIVISION TRACT NO. 10302, LOCATED AT THE WEST
SIDE OF PALM AVENUE, NORTH AND SOUTH OF PIEDMONT DRIVE,
4 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
5 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
6 SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
10 No, 10302, located al the West Side of Palm Avenue, North and South of Piedmont Drive,
11 together with the provisions for their design and improvements, is consistent with the General
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Plan of the City of San Bernardino,
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SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
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15 City to execute the standard form of agreement adopted by Resolution No. 84.8 with Vespar
16 Development Company, for the improvements in said subdivision tract as are required by Title
17 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time
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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
21 San Bernardino.
22 SECTION 3, The Final Map of said subdivision tract is hereby approved and the City
23 of San Bernardino hereby accepts as public property all dedications within the subdivision as
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. 1999~ 161
7 The City Clerk shall certity the approval and acceptance of the Mayor and Common Council as
8 set forth in this Resolution.
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12 insurance certificate.
13 SECTION 5. This Resolution is rescinded if the parties to the agreement fail to execute
14 it within sixty (60) days of the passage of this Resolution,
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SECTION 4, Recordation of the final map is contingent upon the Subdivider filing
acceptable financial guarantee to insure construction of the required public improvements, and
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. 1999-161
1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 10302...
2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
3 joint
and Common Council of the City of San Bernardino at arpgnbr
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meeting thereof, held
on the 6th day of
July
, 1999, by the following vote, to wit:
AYES
NAYS
ABSENT
ABSTAIN
Council Members
ESTRADA
LIEN
x
x
10
11
12 SCHNETZ
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15
x
MCGINNIS
DEVLIN
x
x
ANDERSON
x
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MILLER
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20 1999.
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x
Q~ h,~_
RaChel Clark, City Clerk
The foregoing Resolution is hereby approved this 0 fA- day of .Tnly
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Approved as to form
25 And legal content:
26 JAMES F. PENMAN,
27 City Attorney
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, 1999-161
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4 day of July , 19~, by and between the CITY OF SAN
BERNARDINO, a Municipal Corporation, hereinafter referred to as
AGREEMENT '.
(Subdivision :Improvements)
THIS AGREEMENT is made and entered into as of this
6th
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"City", and
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7 referred to as "Subdivider".
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10 approval a final subdivision map (hereinafter called "map")
entitled Tract No. 10302
Vespar Development Company
, hereinafter
RECITALS
A.
WHEREAS.
Subdivider has presented to City for
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15 presentation to the City Council (hereinafter called "Council")
f the City for its approval, which map is hereby referred to and
; and,
B.
WHEREAS, the map has been filed with the City for
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incorporated herein: and,
C.
WHEREAS. Subdivider has requested approval of the map
the construction and completion of improvements,
all streets, highways or public ways and public utility
acilities which are a part of,
or
appurtenant to,
the
ubdivision (hereinafter called "subdivision") designated in the
ap. all in accordance with, and as required by, the Plans and
pecifications for all
or
any of said improvements
in,
ppurtenant to, or outside the limits of subdivision, which Plans
nd Specifications are now on file in the Office of the City
ngineer of the City: and,
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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 improvements wi thin (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.
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2. Work: Places and Grades to be Fi.zed 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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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 wi thin
24 months
from the date hereof.
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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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utility Deposits - Statement.
Subdivider shall file
3 with the City Clerk, prior to the commencement of any work to be
4 performed within the area delineated on the map, a written
5 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 conn~ction of any and all public utilities to be supplied by
such public utility corporation within the Subdivision.
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Permits: Compliance with Law.
Subdivider shall, at
Subdivider's expense, obtain all necessary permits and licenses
for the construction of such improvements, 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
15 Title 19 San Bernardino Municipal Code.
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8.
Superintendence by Subdivider.
Subdivider shall give
17 personal superintendence to the work on said improvement, or have
18 a competent foreman or superintendent, satisfactory to the City
19 Engineer on the work at all times during progress, with authority
20 to act for Subdivider.
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Inspection by City.
Subdivider shall at all times
22 maintain proper facilities and provide safe access for inspection
23 by City to all parts of the work and to the shops wherein the
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work is in preparation.
10. Contract Security. Concurrently with the execution
hereof, Subdivider shall furnish to City improvement security as
follows:
(a) An amount equal to at least one hundred percent (lOOt)
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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 (50t) 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 shall not commence
3 work under this Agreement until Subdivider shall have obtained
4 a11 insurance required under this paragraph, and such insurance
5 shall have been approved by City Attorney as to form, amount and
6 carrier, nor sha11 Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 until 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 policies or as endorsements and shall specifically
12 bind the insurance carrier.
13 (a) Workers Compensation Insurance/Emp1over's LiebiUty
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Insurance. Subdivider shall maintain, during the life
of this Agreement, Worker's Compensation Insurance and
Employer's Liability Insurance for all Subdivider's
emp10yees 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
Liability Insurance for a11 contractor's or
subcontractor's emp1oyees, unless such employees are
covered by the protection afforded by Subdivider. In
case any c1ass of emp10yees 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
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'1999-161
protection of 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
life of this Agreement, 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 Liability Insurance.
In an amount not
less than One Million Dollars (Sl,OOO,OOO.OO) 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
Mi11ion Dollars ($1,000,000.00) on account of any
one occurrence: Product Liabi1ity Insurance
coverage should be part of the Public Liability
Insurance:
(2) Property Damage Insurance. In an amount not less
than One Mi11ion 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
p01icies provided for in this Paragraph 11 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain
e standard form of cross-1iabi1ity 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) Tai1 Coverage.
Insurance coverage, albeit for
pub1ic 1iabi1ity 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, 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
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 en additional
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 ttu.s Agreement.
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Hold Harmless/Indemnification.
13.
Subdivider(s)/
Deve10per(s) hereby agree to and shall protect, defend, indemnify
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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2 liens, demands and cause of action of' every kind and characte
3 including, but not limited to, the amounts of judgments,
4 penalties, interests, court costs, attorney's/lega1 fees, and all
5 other expenses incurred by the City arising in favor on any
6 party, including claims, liens, debts, demands for lost wages or
7 compensation, personal injuries, including employees of the City,
8 death or damages to property (including property of the City) and
9 without limitation by enumeration, all other claims or demands of
10 every character occurring or in any way incident to, in
11 connection with or arising directly or indirectly, (including
12 from the negligent performance by its officers, employees,
13 agents) from the terms of this Agreement, whether such
14 operations/incidents are caused by contractor, Subdivider or any
15 of contractor/Subdivider's subcontractors, contractors or by any
16 one or more persons directly or indirectly employed by or acting
17 as agent for contractor, Subdivider, or anyone of contractor or
18 Subdivider's contrectors or subcontractors. Subdivider/Developer
19 shall investigate, handle, respond to, provide defense for and
20 defend any such claims, demand, or suit at the sole expense of
21 the Subdivider/Developer even if the claim or claims alleged are
22 groundless, false or fraudulent.
Subdivider agrees to, and
23 shall, defend City, its appointive boards, commissions, officers,
24 agents and employees from any suits or actions at law or in
25 equity for damages caused, or alleged to have been caused, by
26 reason of any of the aforesaid operations, provided as follows:
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(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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aforesaid hold harmless agreement, because of the
ecceptance by City, or the deposit with City by
Subdivider, or any of the insurance policies described
in Paragraph 11 hereof.
6 (b) That the aforesaid hold harmless agreement by
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Subdivider shall apply to ell damages and claims for
damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid
operations referred to in this paragraph, regardless
of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the
subdivision, or regardless of whether or not such
insurance policies shall heve been determined to be
15 applicable, to any of such damages or claims for
16 damages.
17 This provision is not intended to create any cause of action in
18 favor of any third party against Subdivider/Developer or the City
19 or to enlarge in any way the Subdivider's/Deve1oper's liability
20 but is intended solely to provide for indemnification of the City
21 from liability for damage or injuries to third persons or
22 roperty arising from Subdivider/Developer's performance
23 ereunder.
24 14. '!'itle to Imp%ov_ents. Title to, and ownership of,
25 all improv_ents constructed hereunder by Subdivider shall vest
26 absolutely in City, upon completion and acceptance of such
27 rovements by City.
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15.
Repair or Reconstruction of Defective Work.
If,
3 within a period of one year after final acceptance of the work
4 performed under this Agreement, any structure or part of any
5 structure furnished and/or installed or constructed, or caused to
6 be installed or constructed by Subdivider, or any of the work
7 done under this Agreement, fails to fulfill any of the
8 requirements of this Agreement or the Specifications referred to
9 herein, Subdivider shall, without delay and without any cost to
10 City, repair or replace or reconstruct any defective or otherwise
11 unsatisfactory part or parts of the work or structure.
Should
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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
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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16. Subdivider Not Agent of City. Neither Subdivider nor
21 any of Subdivider's agents or contractors are, or shall be,
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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
Said fees shall be paid prior to commencing
27 to the subdivision.
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any construction.
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18. Not~ce of Breach and Defauit. If Subdivider refuses
or fa~ls to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within
the time specified, or any extensions thereof, or fails to obtain
completion of said 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
if a receiver should be appointed in the event of Subdivider's
insolvency, or if Subdivider, or any of Subdivider's contractors,
subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may
serve written notice upon Subdivider and Subdivider's surety of
breach of this Agreement, or of any portion thereof, and default
of Subd~v~der.
19. Breach of Agreement: Perfonnance by Surety or City.
In the event of any such notice, Subdivider's surety shall have
the duty to take over and complete the work and the improvement
herein specified: prov~ded, however, that if the surety, within
f~ve days after the serving upon of such notice of breach, does
not give City wr~tten notice of ~ts 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
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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,
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postage p,:"epaid.
(a) Notices required to be given to City shall be
addressed as follows:
City Administrator
Ci ty Hall
300 North "D" Street
San Bernardino, California
92418
(b) Notices required to be given to Subdivider shall be
addressed as follows:
Vespar Development Company
1399 W. Colton Ave., #5, Redlands, CA 92374
(c) Notices required to be given to surety of Subdivider
shall be addressed as follows:
Safeco Insurance Company of America
4 Hutton Centre, Suite 250B, Santa Ana, CA 92707
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 ///
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2 IN WITNESS WHEREOF, the parties hereto have executed this
3 Agreement on the day and year first above written.
ATTEST:
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BERNARDINO
Q.ftL.A h,~,-,
cr~Cl~
J dith Valles, Mayor
Ci . of San Bernardino
7 Approved as to form
and legal content:
8
By: wm'C::;::Ttbl.d~
By: ::J~ ~
Helen Buster, Secretary
ZNS'l'RUCTZONS
If the Subdivider is a corporation, the Agreement must be
15 executed in the corpo~ate name and signed-by the President or a
16 Vice-President and the Secretary or Assistant Secretary, and, the
17 corporate seal affixed., Zf the Subdivider is a partnership, it
18 must be signed by all partners. If the Subdivider is an
19 individual doing business under a fictitious name, it must be
20 signed by all persons having an interest in the business, and the
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fictitious name must be signed also.
The Agreement must be
notarized.
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24 STATE OF CALIFORNIA
25 COUNTY OF
SAN BERNARDINO
)
) ss.
)
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On this 14th day of June , 19 99 , before
e, the undersigned, a Notary Public in and for said County and
tate, personally appeared William C. Buster
ersona1ly known to me (or proved to me on the basis of
atisfactory evidence to be the President, and
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Helen Buster
personally known to me (or proved tome on the basis of
satisfactory evidence) to be the Secretary
of the corporation that executed
the wi tMn instrument, end known
to me to be the persons who
executed the within instrument
on behalf of the corporation
therein named, end acknowledged
to me that such corporation
executed the same, pursuant to
its by-laws, or a resolution of
its Board of Directors.
WITNESS my hand end official seal.
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Helen J.
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(This area for official seal.)