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HomeMy WebLinkAbout1996-357 . . 1 2 3 4 5 6 7 8 96-357 RESOLUTION NO. RESOLUTIOU OF THE CITY OF SAN BERNARDIUO APPROVIllG THE FIllA:::" MAP FOR SUBDIVISION Tfu".CT NO. 15652, LOCATED ON TIlE SOUTH SIDE OF MILL STREET AT TIll:; NORTHEAST CORNER OF ESPERANZA STREET AND DALLAS AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AnD AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMEUT FOR THE IMPROVEMENTS HI SAID SUBDIVISIOlJ, HITH THIE FOR PERFORMANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COK1I10N COUNCIL OF THE CITY OF SAN BERNARDIUO AS FOLLOWS: SECTION 1, The Mayor and Co~on Council find that 11 12 13 14 15 i~provements, is consistent with the General Plan of the City of San Bernardino. SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard forn of Bernardino rlunicipal Code and the California Subdivision Map Act. 19 20 21 22 23 24 25 26 27 28 The time for performance lS specified at 24 nonths. Said improvements are specifically described and shown on Drawings approved and on file in the office of the City Engineer of the City of San Bernardino. SECTION 3: The Final Map of said subdivision tract is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Final Map for streets, alleys, (including access rights), drainage and other public easements. As a condition precedent to 10--31-96 RESO: APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15652, (SOUTH SIDE OF HILL STREET AT ,THE NORTHEAST CORNER OF ESPERANZA STREET AND DALLAS AVENUE) 1 approval of the Final ~1ap, the Subdivider shall first execute the 2 agreement referenced in Section 2 hereof for the improvements 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 within said subdivision. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this resolution. SECTION 4. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / - 2 - RESO: . APPROVING FINAL HAP FOR SUBDIVISIOll TRACT NO. 15652 (SOUTH SIDE OF fULL STREET AT THE NORTHEAST CORNER OF ESPERANZA STREET AND DALLAS AVENUE) 1 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Comnon Council of the City of San Bernardino at ajoint regular neeting thereof, held on the 4 18th day of 5 wit: November , 1996, by the following vote, to- 6 Council Members: ABSTAIN ABSENT AYES NAYS 7 NEGRETE 8 CURLIN x x 9 ARIAS 10 OBERHEU1AN 11 DEVLIN 12 ANDERSON 13 HILLER x x x x x 14 15 16 17 18 19 20 The foregoing resolution is ~~~L Rac el Clark, City Clerk hereby approved t:his dOfl.-. November , 1996. day of -- -_.. ~/ ----. . /en/lM~ / Ton Minor, Mayor Ci ty of San Bern,}rdi:no 21 Approved as to form and legal content: 22 James F. Penman 23 City Attorney 24 25 26 27 28 A I (/ +.~ By - 3 - 96 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AGREEMENT (Subdivision Improvements) ~oi made and entered into as of this THIS AGREEMENT is j Uw,;d Q/1/ , 19_Qh_, by and between the CITY OF SAN day of BERNARDINO, a Municipal Corporation, hereinafter referred to as "City", and YOUNG HOMES, a California General Partnership 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. 15652 and, B. WHEREAS, the map has been filed with the city for 15 presentation to the City council (hereinafter called "Council") of 16 the city for its approval, which map is hereby referred to and 17 incorporated herein; and, 18 19 20 21 22 23 24 25 26 27 28 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. . .. I which are a part of, or appurtenant to, the subdlvlslon (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, D. WHEREAS, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that 1 , ,~..- ~6 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 to be Fixed bv 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. 3. Work: Time for Commencement and Performance. city hereby fixes the time for the completion of said work to be within 24 MONTHS from the date hereof. 2 oIU 357 1 4. Time of Essence - Extension. Time is of the essence in 2 this Agreement; provided that, in the event good cause is shown 3 therefor, the city Engineer may extend the time for completion of 4 the improvements hereunder. Any such extension may be granted 5 without notice to the Subdivider's surety, and extensions so 6 granted shall not relieve the surety's liability on the bond to 7 secure the faithful performance of this Agreement. The City 8 Engineer shall be the sole and final judge as to whether or not 9 good cause has been shown to entitle Subdivider to an extension. 10 5. Repairs and Replacement. Subdivider shall replace, or 11 have replaced, or repair, or have repaired, as the case may be, all 12 pipes and monuments shown on the map which have been destroyed or 13 damaged, and Subdivider shall replace, or have replaced, repair, or 14 have repaired, as the case may be, or pay to the owner the entire 15 cost of replacement or repairs, of any and all property damaged or 16 destroyed by reason of any work done hereunder, whether such 17 property be owned by the united States, or any agency thereof, or 18 the state of California, or any agency or political subdivision 19 thereof, or by the City, or by any public or private corporation, 20 or by any person whomsoever, or by any combination of such owners. 21 Any such repair or replacement shall be to the satisfaction, and 22 subject to the approval, of the city Engineer. 23 6. utility Deposits - statement. Subdivider shall file with 24 the City Clerk, prior to the commencement of any work to be 25 performed within the area delineated on the map, a written 26 statement signed by Subdivider, and each public utility corporation 27 involved, to the effect that Subdivider has made all deposits 28 111/ 3 96 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 egally required by such public utilities to be supplied by such ublic utility corporation within the Subdivision. 7. Permits: Compliance with Law. Subdivider shall, at ubdivider's expense, obtain all necessary permits and licenses for he construction of such improvements, give all necessary notices pay all fees and taxes required by law. Subdivider shall omply with all provisions of the Subdivision Map Act and Title 19 Bernardino Munici al Code. 8. Superintendence bY Subdivider . Subdivider shall give superintendence to the work on said improvement, or have a competent foreman or superintendent, satisfactory to the City ngineer on the work at all times during progress, with authority o act for Subdivider. 9. Inspection bY city. Subdivider shall at all times aintain proper facilities and provide safe access for inspection y City to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. Concurrently with the execution ereof, Subdivider shall furnish to City improvement security a~ follows: a. An amount equal to at lease one hundred percent (100%) of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; b. An amount equal to at least fifty percent (50%) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 work 96 357 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. 11. Subdivider's Insurance. Subdivider shall not commence under this Agreement until Subdivider shall have obtained all 21 insurance required under this paragraph, and such insurance shall 22 have been approved by city Attorney as to form amount and carrier, 23 nor shall Subdivider allow any contractor or subcontractor to 24 commence work on his contract or subcontract until all similar 25 insurance required of the contractor or subcontractor shall have 26 been so obtained and approved. All requirements herein provided 27 shall appear either in the body of the insurance policies or as 28 endorsements and shall specifically bind the insurance carrier. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -"'? 96 357 a. Worker's Compensation Insurance/Emplover's Liabilitv 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. 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 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. Public Liabilitv and Property Damaqe 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 wok covered by this Agreement from claims for damages for personal inj ury , (as defined hereunder), including death, as well as from claims for property b. 6 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 357 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 Liabi1itv Insurance. In an amount no 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 for each person, in an amount not less than One Million Dollars ($1,000,000.00) on account of anyone occurrence; Product Liability Insurance coverage should be part of the Public Liability Insurance; (2) Procertv Damaae 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 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 of cross-liability endorsement, insuring on such policy 7 96 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 contractor or subcontractor performing work covered by this Agreement. (3) Tail Coveraqe. Insurance coverage, albei t for public liability or property damage, shall be written if possible, on an "occurrence" form rather than a "claims made" policy. If the insurance 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 In;urv - 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 an additional insured. Subdivider and contactor shall also provide city with evidence that each carrier will be required to give city at least ten (10) days 8 96 357 1 prior written notice of the cancellation or reduction in coverage 2 of any policy during the effective period of this Agreement. 3 13. H 0 1 d H arm 1 e s s I I n d em n i fie at ion. 4 Subdivider(s)/Developer(s) hereby agree to and shall protect, 5 defend, indemnify and hold the city and its elective and appointive 6 boards, commissions, officers, agents, employees and servants free 7 and harmless from any and all liability losses, damages, claims, 8 liens, demands and cause of action of every kind and character 9 including, but not limited to, the amounts of judgments, penalties, 10 interests, court costs, attorney's/legal fees, and all other 11 expenses incurred by the City arising in favor on any party, 12 including claims, liens, debts, demands for lost wages or 13 compensation, personal injuries, including employees of the city, 14 death or damages to property (including property of the City) and 15 without limitation by enumeration, all other claims or demands of 16 every character occurring or in any way incident to, in connection 17 with or arising directly or indirectly, (including from the 18 negligent performance by its officers, employees, agents) from the 19 terms of this Agreement, whether such operations/ incidents are 20 caused by contractor, Subdivider or any of contractor/ Subdivider's 21 subcontractors, contractors or by anyone or more persons directly 22 or indirectly employed by or acting as agent for contractor, 23 Subdivider, or anyone of contractor or Subdivider's contractors or 24 subcontractors. Subdivider/Developer shall investigate, handle, 25 respond to, provide defense for and defend any such claims, demand, 26 or suit at the sole expense of the Subdivider/Developer even if the 27 claim or claims alleged are groundless, false or fraudulent. 28 Subdivider agrees to, and shall, defend City, its appointive 9 96 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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/Developer or the city or to enlarge in any way the Subdivider's/Developer'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/Developer's performance hereunder. 14. Title to Improvements. Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest 10 96 357 1 absolutely in City, upon completion and acceptance of 2 improvements by city. 3 15. Repair or Reconstruction of Defective Work. If, withi 4 a period of one year after final acceptance of the work 5 under this Agreement, any structure or part of any structur 6 furnished and/or installed or constructed, or 7 installed or constructed by Subdivider, or any of the work don 8 under this Agreement, fails to fulfill any of the requirements 0 9 this Agreement or the Specifications referred to herein, Subdivide 10 shall, without delay and without any cost to City, 11 replace or reconstruct any defective or otherwise unsatisfactor 12 part or parts of the work or structure. Should Subdivider fail t 13 act promptly or in accordance with this requirement, or should 14 exigencies of the situation as determined by the City in 15 exercise of its sole discretion require repair, replacement 0 16 reconstruction before the Subdivider can be notified, City may, a 17 its option, make the necessary repairs or replacements or perfo 18 the necessary work, and Subdivider shall pay to the City the actua 19 cost of such repairs plus fifteen percent (15%). 20 16. Subdivider Not Aqent of city. Neither Subdivider 21 of Subdivider's agents or contractors are, or shall be, considere 22 to be agents of city in connection with the performance 23 Subdivider's obligations under this Agreement. 24 17. Cost of Enqineerinq and Inspection. Subdivider 25 to city the costs of all permit fees for all engineer in 26 inspections and other services connected with the city in regard t 27 the subdivision. Said fees shall be paid prior to commencing an 28 construction. 11 96 357 1 18. Notice of Breach and Default. If Subdivider refuses or 2 fails to obtain prosecution of the work, or any severable part 3 thereof, with such diligence as will insure its completion within 4 the time specified, or any extensions thereof, or fails to obtain 5 completion of said work within such time, or if the Subdivider 6 should be adjudged a bankrupt, or Subdivider should make a general 7 assignment for the benefit of Subdivider's contractors, 8 subcontractors, agents or employees, should violate any of the 9 provisions of this Agreement, City Engineer or City Council may 10 serve written notice upon Subdivider and Subdivider's surety of 11 breach of this Agreement, or of any portion thereof, and default of 12 Subdivider. 13 19. Breach of Aqreement: Performance bY Surety or City. In 14 the event of any such notice, Subdivider's surety shall have the 15 duty to take over and complete the work and the improvement herein 16 specified; provided, however, that if the surety, within five days 17 after the serving upon of such notice of breach, does not give city 18 written notice of its intention to take over the performance of the 19 contract, and does not commence performance thereof within five 20 days after notice to City of such election, City may take over the 21 work and prosecute the same to completion, by contract or by any 22 other method City may deem advisable, for the account and at the 23 expense of Subdivider, and Subdivider's surety shall be liable to 24 City for any excess cost of damages occasioned city thereby; and, 25 in such event, city, without liability for so doing, may take 26 possession of, and utilize in completing the work, such materials, 27 appliances, plant and other property belonging to Subdivider as may 28 be on the site of the work and necessary therefor. 12 ---------~ 96 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. Notices. All notices herein shall be in writing, ane delivered in person or sent by registered mail, postage prepaid. a. Notices required to be given to City shall be addressee as follows: City Administrator City Hall 300 North 'D' street San Bernardino, California 92418 b. Notices required to be given to Subdivider shall b addressed as follows: 10370 COMMERCE CENTER DR. #210 RANCHO CUCAMONGA, CA 91730 c. Notices required to be given to Subdivider shall bE addressed as follows: INSCOIDICO - 17780 FITCH IRVINE, CA 92714 Provided that any party or the surety may change such address b~ notice in writing to the other party, and, thereafter, notice! shall be addressed and transmitted to the new address. 21. Successors Bound. This Agreement shall be binding upor and inure to the benefit of each of the parties and thei> respective legal representatives, successors, heirs and assigns. IIII IIII IIII IIII IIII IIII IIII 13 l ~6 357 1 IN WITNESS WHEREOF, the parties hereto have executed this 2 greement on the day and year first above written. 3 TTEST: CITY OF SAN BERNARDINO ~-;:)L " By: / tm{ lJuUJ"-.- T6m Minor, Mayor City of San Bernardino 4 5 6 /;, ;, L, / ~C-/ Approved as to form 7 and legal content: 8 JAMES F. PENMAN, city Attorney 9 II .. jJ 10 By: tel '}?VI"" J- - J ~~ 11 () '"--_/ By: By: INSTRUCTIONS 12 13 If the Subdivider is a corporation, the Agreement must be executed in the corporate name and signed by the President or a 14 Vice-President and the Secretary of Assistant Secretary, and the 15 corporate seal affixed. 16 If the Subdivider is a partnership, it must be signed by all partners. 17 18 19 20 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. 21 22 23 24 25 26 27 28 14 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No, 5907 State of ['j)),;,FIJIl/V/;e} County ofS-1A1 gL'./?JV~1? j)/I}/(J On IIJIJ//l/JJAc/'f d5 before me, DATE , , - '... 'jC r' y/,;ftF/h~# 0~E /f,;!-//V6' NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared VO#1l/ fi. YtJ{J/2/G d. /'AfYWEJ, /tI. 'tt!tJIYC NAME(S) OF 81 ER(S) Gd1>ersonally known to me - OR - D proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged 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. 1- . .. - ~u~~ - ~ I 1- ~ :;:i~~~ .. bl~~~Cou"IIy t- _ _ _ _Mt~4~~~'~_ WITNESS my hand and official seal. ~~ ~k~ SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER D INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT TITLE(S) D PARTNER(S) D LIMITED D GENERAL NUMBER OF PAGES D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASQN(S) OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE @1993NATIONAl NOTARY ASSOCIATION. 8236 Remmet Ave., P.O. Box 7184. Canoga Park, CA 91309-7184