HomeMy WebLinkAbout1999-256
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RESOLUTION NO. 1999-2s6
RESOLUTION OF THE CITY OF SAN BERNARDINO APRROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 15114, LOCATED SOUTH OF
HEMLOCK DRIVE AND NORTH OF PIEDMONT DRIVE, APPROXIMATELY 1,250
FEET EAST OF ARDEN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH THE 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. 15114, located south of Hemlock Drive and north of Piedmont Drive, approximately
1,250 feet east of Arden Avenue, 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 Subdivision Improvements Agreement (attached and incorporated herein as
Exhibit A) with San Manuel Band of Mission Indians, a Federally recognized Indian Tribe, for
the 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 of Development Services of the City of San Bernardino.
SECTION 3. The Final Map for said subdivision tract in 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 Subdivider shall first
execute the Agreement referenced in Section 2 hereof for the improvements within said
Subdivision.
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1999-256
RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15114...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING
EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENTS...WITH THE
TIME FOR PERFORMANCE SPECIFIED.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as
set forth in the Resolution.
SECTION 4. This Resolution is automatically rescinded if the parties to the Agreement
fail to execute it within sixty (60) days of the passage of this Resolution. The City, at its
option, may rescind this Resolution if the San Manuel Band of Mission Indians fails to obtain
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the written approval of the Agreement by the United States Secretary of the Interior and the
Commissioner of Indian Affairs pursuant to 25 USC §81, within one year of the passage of this
Resolution.
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1999-256
f
RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15114...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING
EXECUTION OF THE AGREEMENT FOR THE IMPROVEMENTS...WITH THE
TIME FOR PERFORMANCE SPECIFIED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
~olnt
Common Council of the City of San Bernardino at a greeting thereof, held on the~$~day
of octob~~99, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
x
LIEN
x
MCGINNIS
SCHNETZ x
(VACANT) - 5th ward
ANDERSON x
x
MILLER
b . Ce.,~,/e.~
Cit Jerk
The foregoing ordinance is hereby approved this ~ day of October , 1999.
Vanes, Mayor
F San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
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'1999-256
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT ("Agreement") is made and entered into as of the isth day of
October 1999, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City", and SAN MANUEL BAND OF MISSION INDIANS,
a federally recognized Indian tribe, hereinafter referred to as "Subdivider".
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision map
(hereinafter called "map") entitled Tract No. 15114, in the City of San Bemardino; 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 subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the Plans and Specifications for
all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which Plans
and Specifications are now on file in the Office of the City Engineer of the City and which are
identified on Exhibit 1 of this Agreement; and
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 of the 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
C:ICL/EN7ISANMAMSUBOV001 WPD
August ?3. 1999
1999-256
performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
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 this opinion, are reasonably necessary or required to complete the work.
2. Work: Places and Grades to be Fixed by En ig'neer: All of said work is to be done
at the places, of the materials, and in the manner, and at the grades, all as shown upon the Plans and
Specifications herefor, theretofore approved by City Engineer and which are now on file in his
office, and to the reasonable satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance: City hereby fixes the time for
the completion of said work to be within two (2) years from the date hereof, subject to automatic
extension due to force majeure events.
4. Time of Essence -Extension: 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 without notice to the Subdivider's surety, or issuer of letters of credit, and extensions
so granted shall not relieve the surety's liability on the bond or letters of credit to secure the faithful
performance of this Agreement. The City Engineer shall act in a reasonable manner in determining
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 monument shown on the map which have been
destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as
the case maybe, 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
s'
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1999-256
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
reasonable satisfaction, and subject to the reasonable approval, of the City Engineer.
6. Utility Deposits -Statement. Subdivider shall file 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 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 Title 19 of the San Bernardino Municipal Code.
8. Superintendence by Subdivider. Subdivider shall give personal superintendence to
the work on said improvement, or have a competent foreman or superintendent, reasonably
satisfactory to the City Engineer on the work at all times during progress, with authority to act for
Subdivider.
9. Inspection b,~. 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 Security. Concurrently with the execution hereof, Subdivider shall famish
to City improvement security in the form of letters of credit, in the form attached as Exhibit ~, as
follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated cost
of the improvement and acts to be performed as security for the faithful performance
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August 23. ! 999 3
1999-256
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.
(d) The type of security famished shall be in the form of letters of credit as provided in
Title 19 of the San Bernardino Munici aln Code, and shall be subject to the reasonable
approval of the City Engineer and the City Attorney.
11. Subdivider's Insurance. Subdivider shall not commence work under this Agreement
until Subdivider obtains all insurance required under this paragraph, and such insurance shall have
been reasonably 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 shall have 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's Liabil~ Insurance. Subdivider shall
maintain, during the life of this Agreement, Worker's Compensation Insurance and
Employer's Liability 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 Liability Insurance for all contractor's or subcontractor's employees,
unless such employees are covered by the protection afforded by Subdivider. Incase
any class of employees engaged in work under this Agreement at the site of the
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1999-256
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 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
($1,000,000.00) for injuries, including, but not limited to, death, to any one
person, and, subject to the same limit 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 Dollazs
($1,000,000.00) for damage to the property of each person on account of any
one 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 ofcross-liability endorsement,
insuring on such policy City, its elective and appointive boards, commissions,
officers, agents and employees, Subdivider and any contractor or subcontractor
C:ICL/EN7ISANMAMSUBD4'00l WPD
Augus113, 1999 5
1999-256
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
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, or
invasion of personal rights, including libel or slander, criminal conversion,
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 agrees to and shall protect, defend,
indemnify and hold the City and its elective and appointive boards, commissions, officers, agents,
employees and servants free and harmless from any and all liability losses, damages, claims, liens,
demands and cause of action of every kind and character 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 of 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 anyway incident to, in connection with or arising directly or
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1999-256
indirectly, (including from the negligent or intentional performance by its officers, employees or
agents) from the terms of this Agreement, whether such operations/incidents are caused by
subdivider's contractor, Subdivider or any of such contractor's or Subdivider's subcontractors, or
by any one or more persons directly or indirectly employed by or acting as agent for such contractor,
Subdivider, or any of contractor's or Subdivider's subcontractors, provided, however, none of the
above shall be applicable to any liability, losses, damages, claim, liens, demands or causes of action
to the extent resulting from the negligence or willful misconduct of the City or any of its boards,
commissions, officers, agents, employees, contractors, or servants. Subdivider shall investigate,
handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole
expense of the Subdivider 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 aforesaid hold harmless agreement, because of the acceptance
by City, or the deposit with City by Subdivider, or any of the insurance policies
described in Paragraph 11 hereof.
(b) That the aforesaid hold harmless agreement by Subdivider shall apply to all 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 have
been determined to be applicable 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 or the City or to enlarge in any way the Subdivider'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's performance hereunder.
14. Title to Improvements. Title to, and ownership of, all public improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance
of such improvements by City. All streets and non-public improvements within the gated portion
QICL/EN7ISANMAMSUBD000/.WPD ,7
August Z3, /999
1999-256
of the subdivision shall be private improvements owned and maintained solely by Subdivider.
15. Repair or Reconstruction of Defective Work. This Paragraph 15 shall only apply to
public improvements constructed hereunder which vest in the City pursuant to Paragraph 14 of this
Agreement. If, within a period of one (1) 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 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 reasonable discretion require repair, replacement
or reconstruction before the Subdivider can be notified, City may, at its option, make the necessary
repairs or perform the necessary work, and Subdivider shall pay to the City the actual reasonable 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 shalt be, considered to be agents of City in connection with the performance of
Subdivider's obligations under this Agreement.
17. Cost of En ineering 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 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
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1999-256
may serve written notice upon Subdivider and Subdivider's surety, if any, or issuer of letters of
credit, of breach of this Agreement, or of any portion thereof, and default of Subdivider.
19. Breach of Agreement: Performance b~Surety or City.
(a) In the event of any such notice, Subdivider's surety, if any, shall have the duty to take
over and complete the work and the improvement herein specified; provided,
however, that if the surety, within ten (10) 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 ten
(10) 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 of 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 therefor.
(b) In the event the Subdivider does not pay to the City any sums due under the terms
hereof, the City shall have the right to draw on any applicable letters of credit posted
by the Subdivider in lieu of surety bonds pursuant to the terms of this Agreement.
The City shall give notice to Subdivider that it intends to draw on the letters of credit
so posted.
20. Limi ed Waiver of Sovereign Immunity
(a) Retention of Sovereign Immunity. By this Agreement, Subdivider does not waive,
limit or modify its sovereign immunity from uncontented suit or proceedings in
arbitration, except as provided in this Section.
(b) ScolLe of Waiver. Subject to the provisions of this Section 20, Subdivider does
hereby expressly grant to the City a limited waiver of its immunity from (1)
uncontested suit and proceedings in arbitration, (2) its right to require exhaustion of
Subdivider Tribal remedies, (3) its right to seek Subdivider Tribal remedies and (4)
its right to be sued in the Courts of the Subdivider, as such Courts are or may be
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established, and consents to suit in accordance with this Section.
(c) Procedural Requirements. Subdivider grants a limited waiver of its sovereign
immunity as to suit involving a claim if, and only if, each and every one of the
following conditions is met:
(1) The claim is made by the City and not by any other person;
(2) The claim alleges a breach by Subdivider of one or more of the specific
obligations or duties expressly assumed by it under the terms of this
Agreement;
(3) The claim seeks:
(i) some specific action, or discontinuance of some action, by Subdivider
to bring Subdivider into full compliance with the duties and
obligations expressly assumed by it under this Agreement; or
(ii) money damages (excluding any punitive or exemplary damages) for
noncompliance with the terms and provisions of this Agreement.
(4) The claim is made in a detailed written statement to Subdivider, stating the
specific action or discontinuance of action by Subdivider which would cure
the alleged breach or non-performance, or the sum of money claimed to be
due and owing from Subdivider to the City by reason of such specific breach
ornon-performance, and, except where the City is seeking injunctive relief,
Subdivider shall have thirty (30) calendar days to cure such breach or non-
performance or to make such payment before arbitration or judicial
proceedings may be instituted.
(d) Time Period. With respect to any claim authorized in this Section, initial judicial
proceedings, as authorized herein, shall be commenced within the later of two (2)
years after the claim accrues or one (1) year after the claim is discovered, or such
claim shall be forever barred. The waiver granted herein shall commence on the
execution date of this Agreement and shall continue for two (2) years following the
expiration, termination, or cancellation of this Agreement (whichever is later), except
the waiver shall remain effective for any proceedings then pending, and alt appeals
therefrom.
(e) Recipient of Waiver. The recipients of the benefit of this waiver of sovereign
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August 13. ! 999
1999-256
immunity is limited to the City and its successors.
(f) Federal Question. The parties agree that any dispute raised under the provisions of
this Section 20 shall be resolved first pursuant to applicable federal law, and if no
federal law applies, pursuant to the applicable laws of the State of California.
(g) Enforcement. Subdivider waives its sovereign immunity from ajudgment or order
consistent with the terms and provisions of this Section 20, which is final because
either the time for appeal thereof has expired or the judgment or order is issued by
a court having final appellate jurisdiction over the matter. Subdivider consents to the
jurisdiction of the United States District Court for the Central District of Califomia
and any court having appellate jurisdiction thereover, consistent with the terms and
conditions of this Section 20. None of the parties shall object to the jurisdiction or
venue of said federal court. In the event the federal court does not accept
jurisdiction, Subdivider will consent to the jurisdiction of any court of competent
jurisdiction in the State of Califomia, County of San Bernardino. Without in any way
limiting the generality of the foregoing, Subdivider expressly authorizes any
governmental authorities who have the right and duty under applicable law to take
any action authorized by any court, to take such action to give effect to anyjudgment
entered against Subdivider.
(h) Assets to Satisfy Enforcement Proceedings. The foregoing limited waiver of
sovereign immunity is expressly conditioned on the parties' agreement, set forth
herein, that the only assets, including property and funds, which shall be available to
satisfy any enforcement proceedings orjudgment in connection with this Agreement
shall be limited to the income or assets of Subdivider, except that no interest in land,
whether tangible or intangible, legal or beneficial, vested or contingent, or any
occupancy or other rights or entitlements therein or related thereto, shall be subject
to attachment, execution, lien, judgments or other enforcements or satisfaction of any
kind, in whole or in part, with respect to any claim of the City against Subdivider on
any basis whatsoever.
(i) Limitation Upon Enforcement. Damages awarded against Subdivider shall be
satisfied solely from assets specified in (h) above, and shall not constitute a lien upon
or be collectible from any other income or assets of Subdivider.
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(j) Expenses of Judicial Enforcement. Except as ordered by a court of competent
jurisdiction, all parties shall bear their own costs, including attorneys' fees, in
connection with any judicial proceedings authorized under this Agreement. The
parties expressly agree that this provision shall survive the termination, for any
reason, or expiration of this Agreement.
21. Notices. All notices herein required shall be in writing, and delivered in person or
sent by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
San Manuel Tribal Administration
P.O. Box 266
Patton CA 92369
Attn: Henry Duro, Tribal Chairperson
with a copy to:
Levine & Associates
2049 Century Park East, Suite 710
Los Angeles, CA 90067
Attn: Jerome L. Levine, Esq./Allan Albala, Esq.
(c) Notices required to be given to surety or issuer of letters of credit posted by
Subdivider hereunder shall be addressed as follows:
Citizens Business Bank
International Banking Department
701 North Haven Avenue, Suite 230
Ontario, Califomia 91764
Provided that any party or the surety or issuer of the letters of credit may change such address by
notice in writing to the other party, and, thereafter, notices shall be addressed and transmitted to the
new address. Mailed notices shall be deemed effective the third (3rd) business day (Monday through
Friday, excluding legal holidays) after mailing in accordance herewith.
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22. Successors Bound. This Agreement shall be binding upon and inure to the benefit
of each of the parties and their respective legal representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year first written above.
ATTEST:
City lerk
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney,
By: ~- ~ -vw.~
CITY OF SAN BERNARDINO
By:
i~ ~ "~`~
,LES, Mayor
Bernardino
SAN MANUEL BAND OF MISSION INDIANS,
a federally recognized Indian Tribe
BY~ ~ ~~ ~~~
Tribal Chairperson
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate name and
signed by the President or aVice-President and the Secretary or Assistant Secretary, and the
corporate seal affixed. If the Subdivider is a partnership, it must be signed by all partners. If the
Subdivider is an individual doing business under a fictitious name, it must be signed by all persons
having an interest in the business, and the fictitious name must be signed also. The Agreement must
be notarized.
C: ICLlEN71 SANMAMSUBOV00l. WPD
August ?3. 1999
13
1999-256
State of California
County of San Bernardino
Or~(~tE7yr~~~b, 1999, before me, s ~ {R-t2, - A~~ ~~ (-~ -I~}-(L!' i
lip~ert name~notaryl
notary public in and for said State, personally appeared ,/tJ~tnh\1 \ / ~~/]. ~Q
personally known to me (or proved to me on the basis of satisfactory evid nce) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on
the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNE S my hand and official seal.
Signatu e `L ~/'~-~-
SHARINE R. GARCIA
~~,~:~ COMM. M7226919 2
~'i ~~ K
~!~~ ~ NOTARY PUBLIC -CALIFORNIA
~ `` ' ~ SAN BERNARDINO COUNTY
My C~mmission Expires June29, 2003 ;
CAPACITY CLAIMED BY SIGNER:
[ ] Individual(s)
[ ] Partner(s)
[ ] Trustee(s)
(] Corporate _
Officer(s)
Title(s)
SIGNER IS REPRESENTING:
[ ] Attorney-In-Fact
[ ] Subscribing Witness
[ ] Guardian/Conservator
[ ] Other:
C: I CL/EN nSANMAMSUBOV00l. WPD
August 23, /999 14
1999-256
EXHIBIT 1
1. Street Improvement Plans for Tract No. 15114, City Drawing No. 9737, sheets 1
through 9 of 9.
2. Rough Grading Plan for Tract No. 15114, sheets 1 through 5 of 5.
3. Hydrology and Hydraulics Calculations for Tract No. 15114, By Integra
Engineering, Inc., Dated February, 1997.
EXHIBIT I
EXHIBIT 2
August 16, 1949
City of San Bernardino
Development Services Department
Public Works Division
300 North D Street
San Bernardino, Ca 92418
Re: Irrevocable Letter o£ Credit Number 238-SB-4329
For account of San Manuel Band of Mission Indians
Faithful Performance-Improvements•Tract No. 15114
Ge men:
At the quest of n Manuel B d of Missio ians we here
Standb etter o credit Numb 238-SB-43 9 ' your favor
provisio ~ of Secti ns 66496 a 66499 of t e S division N
with Ti s 19.30, of the City o San rnatdino
aggrega amount f One illion One IIu red T y Eight
U.S. Do I rs (SI,1 ,000.00 available by y r drafts t sight dr
Bank", rpiring ly 16, 00, unless ly rene
accom Hied by th following
1) Thi on final Le e f Cre it and all subs uent
2) A dated document purportedly signed by an auth
of San Bernardino stating that
1999-256
issue our Ir>revo bie
acco dance wit the
,ct an in compliance
Code up to an
sand and No/100ths
on " 'tizens Business
as herein provided,
official of the City
a) San Manuel Band of Mission Indians have failed to meet the
performance of that certain Subdivision Improvement Agreernent
dated , 1999, relating to Tract No. 15114 between
the City of San Bernardino, State of California and the subdivider,
San Manuel Band of Mission Indians. or
b) Funds are to be made immediately available to the City of San
Bernardino, as the subdivider, San Manuel Band of Mission
Indians, has failed to complete and/or pay for Improvements-
Faithful Performance.
BXHIBIT °<-
PAQE ~ l
1999-256
August 16, 1999
City of San Bernardino
Development Services Department
Public Works Division
Re: Irrevocable Letter of Credit Number 238-SB-4329
For account of San Manuel Band of Mission Indians
Faichfui Performance-Improvements•Tract No. 15114
Page 2
This Letter of Credit shall be automatically extended for additional periods of one year
each from the present or future expiration data, unless we notify you and (the
"Customer") via courier or certitled mail at least 60 (sixty) calendar days prior to the then
expiration date that we have elected not to renew this Letter of Credit.
w reoy agree
this dit shall t
Avenu .Suite 23
you
Rings drawn der and in com 1 ante wi
presented to izens Business ank, 701
'nia 91764 o before expiry te.
Except far as
"Unifor Custo
Frank J. Maslowski
Vice PresidentlManager
International Banking Department
Iy stated ~rein~'~his Letter of ~ redit i Subject to the
Document ry dits (1993 ) International
Number 00."
EXHIBIT ..,,i„~„
PAGE_ ~ __
1999-256
August 16, 1999
City of San $ernardino
Development Services Department
Public Works Division
300 North D Street
San Bernazdino, Ca 92418
Re: Irrevocabte Lettcr of Credit Number 238-SB-4332
For account of San Manuel Band of Mission Indians
Labor and Materials-Improvements-Tract No. 15114
At the quest of n Manuel B d of Missio ians we here issue our Ir~evo able
Standb ester o redit Numb 238-SB-43 2 ' your favor acco ante wit the
provisio of Sect ns 66496 a 66499 of t e S division Map ct an in compliance
with Tits 19.30. of the City o San rnardino M Code up to en
aggrega amount f Five undced Sixty ine Th sand and /100t s U,S, Dollars
(569,0 .00) av able by our drags at sight d on "Cii ens usiness Bank",
Expirin u!y i6, 00, unles automaticall herein pr ided, accompanied by
the fol ing:
t) Thi ri final Lee f Cre it and ali subs uent am dments.
2) A dated document purportedly signed by an authorized official of the City
of San Bernardino stating that:
a) San Manuel $and of Mission Indians have failed to meet the
performance of that certain Subdivision Improvement Agreement
dated 1999, relating to Tract No. 15114 between
the City of San Bernardino, State of California and the subdivider,
San Manuel Band of Mission Indians. or
b) Funds are to be made immediately available to the City of San
Bernardino, as the subdivider, San Manuel Band of Mission
Indians, has failed to complete and/or pay for Improvements-Labor
and Materials.
n
EXHIBIT '`
r
PAGE ~-~ ---
1999-256
August 16, 1999
City of San Bernardino
Development Services Department
Public Works Division
Re: Irrevocable Letter of Credit Number 238-SB-4332
Por account of San Manuel Band of Mission Indians
Labor and Materials-Improvements-Tract No. 15114
Page 2
This Letter of Credit shall be automatically extended for additional periods of one year
each from the present or future expiration date, unless we notify you and (the
"Customer") via courier or certified mail at least 60 (sixty) calendar days prior to the then
expiration date that we have elected not to renew this Letter of Credit.
reby agree you t a swings drawn
this dit shall be my honored presented to
Avenu ,Suite 230 ntario, Cali is 91764 of
er and in com ance wit
zens Business nk, 701
before expiry te.
Except far as o erwtse expr sly stated
"Unifor Custom r Documet
Chambe f Com ce Pub 'cation Number
Frank I. Maslowski
Vice President/Manager
International Banking Department
Letter of redit i Subject to the
s (1993 Intertational
n
6XFIIBIT °~
PAQB ~
1999-256
August l6, 1999
City of San Bernardino
Development Services Department
Public Works Division
300 North b Street
San Bernardino, Ca 92418
Re: Irrevocable Letter of Credit Number 238-S$-4333
For account of San Manuel Band of Mission lndians
Guarantee and Warranty-Improvements-Tract No. 15114
At the quest of n Manuel B d of Missio inns we hereb issue our Ir voc~ble
Standb ester of redit Numb 238-SB-43 3 ' your favor ' actor ante with the
provisio of Sect ns 66496 66499 of t e S division Map ct an in compliance
with Tit s 19.30. 0 and ] the City of San rnardino M ici al Code up to an
aggregat amount f Two undyed Eighty our T usand and /100t s U.S, Dollars
(5284,0 .00) av ble by our drafts at sight d non "Ci ens usiness Bank",
Expirin my 16, 00, unles automaticali herein pr ided, accompanied by
the foil 'ng:
1) Thi riginat Le f Cr it and all subs uent am dments.
2) at e document purporte y signed y an authonz e official of the City '
of S a n Bernardino statine that:
a) San Manuel Band of Mission Indians have failed to meet the
performance of that certain Subdivision Improvement Agreement
dated , 1999, relating to Tract No. 15114 between
the City of San Bernardino, State of California and the subdivider,
San Manuel Band of Mission Indians. or
b) Funds are to be made immediately available to the City of San
Bernardino, as the subdivider, San Manuel Band of Mission
Indians, has failed to complete and/or pay for Improvements-
Guarantee and Warranty.
n
EXHIBIT '_t
PAGE s
1999-256
August 16, 1999
City of San Bernardino
Development Services Department
Public Works Division
Re: irrevocable Letter of Credit Number 238-SB-4333
For account of San Manuel Band of Mission Indians
Guarantee and Warranty-Improvements-Tract No. 15114
Page 2
This Lettcr of Credit shall be automatically extended for additional periods of one year
each from the present or future expiration data, unless we notify you and (the
"Customer") via courier or certified mail at least 60 (sixty) calendar days prior to the then
expiration date that we have elected not to renew this Letter of Credit.
as
Frank J. Maslowski
you
Vice President/Manager
International Banking Department
Rings drawn der and in com once wrt
presented to i izens Business ank, 701
rnia 91764 0 ~ before exp'uy te.
ly stated ~rein,~~is Letter of redit i Subject to the
Document ry C Bits (1993 v' i ,International
Number 00."
IT "~
~y agree
it shall t
@XHIB ~,
PAQE
' 1999-256
August 16, 1999
City of San Bernardino
Development Services Department
Public Works Division
300 North D Street
San Bernardino, Ca 92418
Re: Irrevocable Letter of Credit Number 238-SB-4334
F'or account of San Manuel Band of Mission Indians
Staking-Tract No. 15114
At the quest of n Manuel B ~d of Missio lens we here issue our l~evo able
Standb ester o redit Numb 238-SB-43 4 ' your fbvor accordance wit the
provisio of Sect ns 66496 a 66499 of t e S division Map ct an in compliance
with Tit s 19.30, f the City o San rnardino M Code up to an
aggrega amount f Twe ty Thousand T ree H dred and /100t s U.S. Dollars
($20,30.0) avai ble by ur drafts at fight d non "Ci ' ens usiness Bank",
Expirin my 16, 00, unles automaticall herein pr 'ded, accompanled.by
the fol 'ng:
1) Thi riginal Lee f Cre it and all sub uent am dments.
2) A d at ed document purportedly signed by an authori z e o~cial of the City
of S a n Bernardino stating that:
a) San Manuel Band of Mission Indians have failed to meet the
performance of that certain Subdivision Improvernent Agreement
dated , 1999, relating to Tract No. 15114 between
the City of San Bernazdino, State of California and the subdivider,
San Manuel Band of Mission Indians. or
b) Funds are to be made immediately available to the City of San
Bernardino, as the subdivider, San Manuel Band of Mission
Indians, has failed to complete and/or pay For Staking,
EXHIBIT -2 -
PAQE ~
1999-256
August 16, 1999
City of San Bernardino
Development Services Department
Public Works Division
Re: Irrevocable Letter of Credit Number 238-SB-4334
For account of San Manuel Band of Mission Indians
Staking-Tract No. 15114
Page 2
This Letter .of Credit shall be automatically extended for additional periods of otie year
each from the present or future expiration date, unless we notify you and (the
"Customer") via courier or certified mail at least 60 (sixty) calendar days prior to the then
expiration date that we have elected not to renew this Letter of Credit.
tgree
hall t
to 23
ar as
you
zings drawn der and in tom ante wrt
presented to i izens $usiness ank, 701
~nia 91764 0 ~ before expiry te.
stated h rein his Letter of redit i Subject to the
current ry C dits (1993 evisio ), International
Number
Frank J. Maslowski
Vice President/Manager
International Banking Department
n
EXHIBIT
PAQE^~
. 1999-256
August 15, 1999
City of San Bernardino
Development Services Department
Pabtic Works Division
300 North D Street
San Bernardino, Ca 92418
Re; Irrevocable Letter of Credit Number 238-SB-4335
For account
Grading-Tra o
c f San Manuet Band of Mission Indians
t No 15114
Gent en: "~
At the r uest of S Manuel Ba of Mission n 'ans we hereb ssue our Irr or:~~i_
Standby ester of edit Numbe 23B-SB-43 your favor i ccor nce w~ti~ ~!,~•
provision f Secti s 66496 an 6499 of th Su ivision Map and in comp; a: n.. -:
with Titl 19.30.2 the City of an B nardino Mu ode up t>> ,.r
aggregate amount f Nine Hundred Eigh Thou d and No OOths U.S. E)oii::::.
($908,00 0) avai le by ur drafts at fight dra non "Gill ns B siness fltrni.
lrxpiripg ty lb, 2 0, unless utomaticaily herein pro ed, accompan4•d r,
the foil ing:
1} T i- al Lett Cr n all su t a nts.
2) A dat e d document purportedly signed by an authorize d official of the (':~ . T
ofSa n Bernardino stating that;
a) San Manuel Band of Mission Indians have failed to mc~t tl:r
performance of that certain Subdivision Improvement Agrc~•nn:a:
dated _ , 1999, relating to Tract No. 15114 be• ,~•: en
the City of San Bernardino, State of California and the suhd~,:~i~-
San Manue! Band of Mission Indians. or
b) Funds are to be made immediately available to the City ~~' •~:,r.
Bernardino, as the subdivider, San Manuel Band of ;~r::..:.,,~,
Indians, has failed to complete and/or pay for Crrading.
EXHIBIT.
ir'AGE ~/'
1999-256
August 16, 1999
City of San Bernardino
Development Services Department
Public Works Division
Re: Irrevocable Letter of Credit Number 238-SB-4334
For account of San Manuel Band of Mission Indians
Grading-Tract No. 15114
Page 2
This Letter of Credit shall be automatically extended for additional periods of otie year
each from the present or future expiration date, unless we notify you and (the
"Customer') via courier or certified mail at least 60 (sixty) calendaz days prior to the then
expiration date that we have elected not to renew this Letter of Credit.
ereby agree you tha swings drawn
this dit shall be my honore i presented to
Avenu Suite 230 ntario. Cali nia 91764 0
er and in com ance wtt
zens Business ank, 701
before expiry te.
Except ~d far as o~t}~erwise expyh~sly stated
Number
Frank J. iViaslowski
Vice President/Manager
International Banking Department
Letter of redit i Subject to the
> (1993 evisio ), International
n
EXHIBIT
PAQE~