HomeMy WebLinkAbout1992-359
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92-359
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR PARCEL MAP NO. 14019, LOCATED AT THE NORTHWESTERLY
CORNER OF OHIO AVENUE AND ESCENA STREET, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE PARCEL MAP IMPROVEMENT AGREEMENT FOR THE IMPROVEMENTS IN
SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1:
The Mayor and Common Council find that
8 proposed Parcel Map No. 14019, located on the Northwesterly
9 corner of Ohio Avenue and Escena Street, together with the
10 provisions for their design and improvements is consistent with
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the General Plan of the City of San Bernardino.
SECTION 2.
The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the Parcel Map
14 Improvement Agreement with William and Cathy Wagner, for the
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improvements in said Parcel Map as are required by Title 19 of
the San Bernardino Municipal Code and the California Subdivision
Map Act.
The time for performance is as specified in the
Agreement.
Said improvements are specifically described and
shown on Drawings approved and on file in the office of the City
Engineer of the City of San Bernardino.
SECTION 3:
The Final Map of said Parcel Map is hereby
22 approved and the City of San Bernardino hereby accepts as public
23 property all dedications within the subdivision as shown on said
24 Parcel Map for streets, alleys,
(including access
rights)
25 drainage and other public easements. As a condition precedent to
26 approval of the Parcel Map, the Subdivider shall first execute
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the agreement
referenced
in
Section
2 hereof for the
improvements within said Parcel Map limits.
The City Clerk shall
8-13-92
RESO: APPROVING FINAL PARCEL MAP NO. 14019
92-359
1 certify the approval and acceptance of the Mayor and Common
2 Council as set forth in this resolution.
3 SECTION 4. This resolution is rescinded if the parties
4 to the agreement fail to execute it within sixty (60) days of the
5 passage of this resolution.
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- 2 -
RESO:
APPROVING FINAL PARCEL MAP NO. 14019
92-359
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a regular _meeting thereof, held on the
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8th day of September
, 1992, by the following vote, to-
5 wit:
6 Council Members:
7 ESTRADA
8 REILLY
AYES
NAYS
ABSTAIN
ABSENT
x
x
9 HERNANDEZ
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
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x
x
x
x
x
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18 day of
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The foregoing resolution is
g~a~lerk
hereby approved this q VI
September
, 1992.
21 Approved as to form
and legal content:
22
James F. Penman
23 City Attorney
// ./7
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c' 6 . fi.. )1olcom , May. r
Ci ty 0:1/' San ernardino
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Res. 92-359 adopted 9/8/92
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AGREEMENT
(Parcel Map Improvements)
THIS AGREEMENT is made and entered into as of this _llt~
)0f-tW\k,
, 19~, by and between the CITY OF SAN
day of
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
6 "City", and WIllIAM AND CATHY WAGNER , hereinafter
7 referred to as "Subdivider".
RECITALS
A.
WHEREAS, Subdivider has previously received City
approval of Tentative Parcel Map No. 14019
, and has presented to
11 Ci ty for approval a final parcel map (hereinafter called "map")
12 enti tled PARCEL MAP NO. 14019
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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
20 prior to the construction and completion of improvements,
21 including all streets, highways or public ways and public utility
22 facilities which are a part of, or appurtenant to, the subdivision
23 (hereinafter called "subdivision") designated in the map, all in
24 accordance with, and as required by, the Plans and Specifications
25 for all or any of said improvements in, appurtenant to, or outside
26 the limits of subdivision, which Plans and Specifications are now
27 on file in the Office of the City Engineer of the City; and,
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August 10, 1992
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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
6 provisions of the Subdivision Map Act of the State of California
7 and Title 19 San Bernardino Municipal Code.
8 NOW THEREFORE, for and in consideration of the approval of
9 the map and of the acceptance of the dedications, or some thereof,
10 therein offered and in order to insure satisfactory performance by
11 Subdivider of Subdivider's obligations under said Subdivision Map
12 Act and said Ordinance, the parties agree as follows:
13 1. Performance of Work. Subdivider will do and perform, or
14 cause to be done and performed, at Subdivider's own expense, in a
15 good and workmanlike manner, and furnish all required materials,
16 all to the satisfaction of the City Engineer of City, the work and
17 improvements within (and/or without) the subdivision to complete
18 the improvements in accordance with the Plans and Specifications
19 on file as hereinbefore specified, or with any changes required or
20 ordered by said Engineer which, in his opinion, are necessary or
21 required to complete the work.
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2. Work: Places and Grades to be Fixed by Engineer. All
23 of said work is to be done at the places, of the materials, in the
24 manner, and at the grades, all as shown upon the Plans and
25 Specifications therefor, heretofore approved by City Engineer and
26 which are now on file in his office, and to the satisfaction of
27 said City Engineer.
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August 10, 1992
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3. Work: Time for Commencement and Performance.
Construction of required improvements shall begin within 90 days
of the receipt by Subdivider of the Notice to proceed from the
City.
4. Time of Essence - Extension. Time is of the essence of
this Agreement; provided that, in the event good cause is shown
therefor, the City Engineer may extend the time for completion of
the improvements hereunder.
Any such extension may be granted
9 wi thout notice to the Subdivider's surety, and extensions so
10 granted shall not relieve the surety's liability on the bond to
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secure the faithful performance of this Agreement.
The Ci ty
12 Engineer shall be the sole and final judge as to whether or not
13 good cause has been shown to entitle Subdivider to an extension.
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5. Repairs and Replacements. Subdivider shall replace, or
15 have replaced, or repair, or have repaired, as the case may be,
16 all pipes and monuments shown on the map which have been destroyed
17 or damaged, and Subdivider shall replace, or have replaced,
18 repair, or have repaired, as the case may be, or pay to the owner
19 the entire cost of replacement or repairs, of any and all property
20 damaged or destroyed by reason of any work done hereunder, whether
21 such property be owned by the United States, or any agency
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thereof, or the state of California, or any agency or political
subdivision thereof, or by the City, or by any public or private
corporation, or by any person whomsoever, or by any combination of
such owners.
Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6.
Utility Deposits - Statement.
Subdivider shall file
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1 with the City Clerk, prior to the commencement of any work to be
2 performed within the area delineated on the map, a written
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statement signed by Subdivider,
and each public utility
4 corporation involved, to the effect that Subdivider has made all
5 deposits legally required by such public utility corporation for
6 the connection of any and all public utilities to be supplied by
7 such public utility corporation within the Subdivision.
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7.
Permits:
Compliance with Law.
Subdivider shall, at
9 Subdivider's expense, obtain all necessary permits and licenses
10 for the construction of such improvements, give all necessary
11 notices and pay all fees and taxes required by law. Subdivider
12 shall comply with all provisions of the Subdivision Map Act and
13 Title 19 San Bernardino Municipal Code.
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8.
Superintendence by Subdivider.
Subdivider shall give
personal superintendence to the work on said improvement, or have
a competent foreman or superintendent, satisfactory to the City
Engineer on the work at all times during progress, with authority
to act for Subdivider.
9.
Inspection by City.
Subdivider shall at all times
20 maintain proper facilities and provide safe access for inspection
21 by City to all parts of the work and to the shops wherein the work
22 is in preparation.
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10. Contract Security.
Concurrently with the execution of
this agreement, except for residential parcel maps, the Subdivider
shall furnish to City Engineer improvement security as follows:
(a) An amount equal to at least one hundred percent (100%)
of the total estimated cost of the improvement and acts
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to be performed as securi ty for the f ai thful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the
total estimated cost of the improvements and acts to be
performed as security for the payment of all persons
performing labor and furnishing materials in connection
with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%)
of the total estimated cost of the improvements and
acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year
following the completion and acceptance thereof against
any defective work or labor done, or defective
materials furnished.
AS a part of the obligation guaranteed by the security
and in addition to the face amount of the security,
there shall be included costs and reasonable expenses
and fees,
including reasonable attorney's fees,
incurred by City in successfully enforcing the
obligation secured.
The type of security furnished
shall be in the form of bonds, deposits or letters of
credi t 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. Except for residential parcel
maps where improvements are consructed by an owner/builder,
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1 Subdivider shall not commence work under this Agreement until
2 Subdivider or Subdivider's contractor has obtained all insurance
3 required under this paragraph, and such insurance has been
4 approved by City Attorney as to form, amount and carrier, nor
shall Subdivider allow any contractor or subcontractor to commence
work on his contract or subcontract until all similar insurance
required of the contractor or subcontractor has been so obtained
and approved.
All requirements herein provided shall appear
either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
(a) Workers Compensation Insurance/Employer's Liability
Insurance. Subdivider shall maintain, during the time
period that the improvements are constructed, Worker's
Compensation
and Employer's
Liability
Insurance
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 proj ect is not protected under any
Worker's Compensation Law, Subdivider shall provide,
and shall cause each contractor and subcontractor to
provide, adequate insurance for the protection of
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employees not otherwise protected.
Subdivider shall
indemni fy City for any damage resulting to it from
failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance.
(b) Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain, during the time
period that the improvements are constructed, such
public liability and property damage insurance as shall
insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider
and any contractor or subcontractor performing work
covered by this Agreement from claims for damages for
personal injury, (as defined hereunder), including
death, as well as from claims for property damage or
product liability which may arise from Subdivider's or
any
contractor's
subcontractor's
operations
or
hereunder, whether such operations be by Subdivider or
any contractor or subcontractor, or by anyone,
including, without limitation, agents, employees or
independent
directly or
indirectly
contractors,
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 anyone person, and, subject to the same limit
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for each person, in an amount not less than One
Million Dollars ($1,000,000.00) on account of any
one occurrence;
Product Liability Insurance
coverage should be part of the Public Liability
Insurance;
(2) Property Damage Insurance. In an amount not less
than One Million Dollars ($1,000,000.00)
for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance
pOlicies provided for in this Paragraph 11 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such pOlicy shall contain
a standard form of crOSS-liability endorsement,
insuring on such pOlicy City, its elective and
appointive boards, commissions, officers, agents and
employees,
Subdivider
and
contractor
or
any
subcontractor
performing
work
covered
this
by
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.
I f 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
impairments,
or
including
aggravation of existing injuries, invasion of
personal rights, including libel or slander,
criminal conversation, malicious prosecution,
false imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall
15 furnish City, concurrently with the execution hereof, with
16 satisfactory evidence of the insurance required, and evidence that
17 City is named and endorsed on the policy as an additional insured.
18 Subdivider and contractor shall also provide City with evidence
19 that each carrier will be required to give City at least ten (10)
20 days prior written notice of the cancellation or reduction in
21 coverage of any pOlicy during the effective period of this
22 Agreement.
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13.
Hold Harmless/Indemnification.
SUbdivider(s)/
24 Developer(s) hereby agree to and shall protect, defend, indemnify
25 and hold the City and its elective and appointive boards,
26 commissions, officers, agents, employees and servants free and
27 harmless from any and all liability losses, damages, claims,
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1 liens, demands and cause of action of every kind and character
2 including, but not limited to, the amounts of judgments,
3 penalties, interests, court costs, attorney's/legal fees, and all
4 other expenses incurred by the City arising in favor on any party,
5 including claims, liens, debts, demands for lost wages or
6 compensation, personal injuries, including employees of the City,
7 death or damages to property (including property of the City) and
8 without limitation by enumeration, all other claims or demands of
9 every character occurring or in any way incident to, in connection
10 wi th or arising directly or indirectly, (including from the
11 negligent performance by its officers, employees, agents) from the
12 terms of this Agreement, whether such operations/incidents are
13 caused by contractor, Subdivider or any of contractor/Subdivider's
14 subcontractors, contractors or by anyone or more persons directly
15 or indirectly employed by or acting as agent for contractor,
16 Subdivider, or anyone of contractor or Subdivider's contractors
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or subcontractors.
Subdivider/Developer shall investigate,
18 handle, respond to, provide defense for and defend any such
19
claims,
demand,
of
the
suit
at
the
sole
expense
or
20 Subdivider/Developer even if the claim or claims alleged are
21 groundless, false or fraudulent. Subdivider agrees to, and shall,
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defend City, its appointive boards, commissions, officers, agents
and employees from any suits or actions at law or in equity for
damages caused, or alleged to have been caused, by reason of any
of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the
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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
subdivision,
or
the
12 regardless of whether or not such insurance pOlicies
13 shall have been determined to be applicable to any of
14 such damages or claims for damages.
15 This provision is not intended to create any cause of action in
16 favor of any third party against Subdivider/Developer or the City
17 or to enlarge in any way the Subdivider's/Developer's liability
18 but is intended solely to provide for indemnification of the City
19 from liability for damage or injuries to third persons or property
20 arising from Subdivider/Developer's performance hereunder.
21
14. Title to Improvements. Title to, and ownership of, all
22 improvements constructed hereunder by Subdivider shall vest
23 absolutely in City, upon completion and acceptance of such
24 improvements by City.
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15. Repair or Reconstruction of Defective Work. If, within
26 a period of one year after final acceptance of the work performed
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under this Agreement, any structure or part of any structure
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August 10, 1992 11
1 furnished and/or installed or constructed, or caused to be
2 installed or constructed by Subdivider, or any of the work done
3 under this Agreement, fails to fulfill any of the requirements of
4 this Agreement or the Specifications referred to herein,
5 Subdivider shall, without delay and without any cost to City,
6 repair or replace or reconstruct any defective or otherwise
7
unsatisfactory part or parts of the work or structure.
Should
8 Subdivider fail to act promptly or in accordance with this
9 requirement, or should the exigencies of the situation as
10 determined by the City in the exercise of its sole discretion
11
require repair,
replacement or reconstruction before the
12 Subdivider can be notified, City may, at its option, make the
13 necessary repairs or replacements or perform the necessary work,
14 and Subdivider shall pay to the City the actual cost of such
15 repairs plus fifteen percent (15%).
16
16. Subdivider Not Agent of City. Neither Subdivider nor
17 any of Subdivider's agents or contractors are, or shall be,
18 considered to be agents of City in connection with the performance
19 of Subdivider's obligations under this Agreement.
20
17. Cost of Engineering and Inspection. Subdivider shall
21 pay to City the costs of all permit fees for all engineering
22 inspections and other services connected with the City in regard
23 to the subdivision. Said fees shall be paid prior to commencing
24 any construction.
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18. Notice of Breach and Default. If Subdivider refuses or
26 fails to obtain prosecution of the work, or any severable part
27 thereof, with such diligence as will insure its completion within
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1 the time specified, or any extensions thereof, or fails to obtain
2 completion of said work within such time, or if the Subdivider
3 should be adjudged a bankrupt, or Subdivider should make a general
4 assignment for the benefit of Subdivider's creditors, or if a
5 receiver should be appointed in the event of Subdivider's
6 insolvency, or if Subdivider, or any of Subdivider's contractors,
7 subcontractors, agents or employees, should violate any of the
8 provisions of this Agreement, City Engineer or City Council may
9 serve written notice upon Subdivider and Subdivider's surety of
10 breach of this Agreement, or of any portion thereof, and default
11 of Subdivider.
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19. Breach of Agreement; Performance by Surety or City. In
13 the event of any such notice, Subdivider's surety shall have the
14 duty to take over and complete the work and the improvement herein
15 specified; provided, however, that if the surety, within five days
16 after the serving upon of such notice of breach, does not give
17 City written notice of its intention to take over the performance
18 of the contract, and does not commence performance thereof within
19 five days after notice to City of such election, City may take
20 over the work and prosecute the same to completion, by contract or
21 by any other method City may deem advisable, for the account and
22 at the expense of Subdivider, and Subdivider's surety shall be
23 liable to City for any excess cost or damages occasioned City
24 thereby; and, in such event, City, without liability for so doing,
25 may take possession of, and utilize in completing the work, such
26 materials, appliances, plant and other property belonging to
27 Subdivider as may be on the site of the work and necessary
28
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1 therefor. Alternatively, in the event of default by Subdivider,
2 the City may cause the construction to be done and charge the
3 entire cost and expense to Subdivider or his successors, inCluding
4 interest at the legal rate from the date of notice of the cost and
5
expense until paid.
Said cost, expense, and interest shall be
6 recorded as a lien against the subdivision property.
7
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20.
All notices herein required shall be in
Notices.
writing,
and delivered in person or sent by registered mail,
9 postage prepaid.
(a) Notices required to be given to City shall be addressed
as follows:
City Administrator
Ci ty Hall
300 North "0" Street
San Bernardino, California
92418
(b) Notices required to be given to Subdivider shall be
addressed as fOllows:
3987 NO. MOUNTAIN VIEW AVENUE
SAN BERNARDINO, CA 92405
(c) Notices required to be given to surety of Subdivider
shall be addressed as fOllows:
NOT APPLICABLE
Provided that any party or the surety may change such address by
notice in writing to the other party, and, thereafter, notices
shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon
and inure to the benefit of each of the parties
and their
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August 10, 1992
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1 respective legal representatives, successors, heirs and assigns.
2 22. Recorded Agreement. This agreement shall be recorded
3 in the office of the San Bernardino County Recorder at the expense
4 of the Subdivider.
5 23. Attorneys Fees. If legal action is taken to enforce or
6 interpret any provision of this Agreement, then the prevailing
7 party in that action will be entitled to recover from the losing
8 party all attorneys' fees and costs in connection with that
9 action, which amount shall be recorded as a lien against the
10 subdivision property
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24. Subdivider Defined.
The term "Subdivider" shall
include not only the present owner of the subdivision property but
also any heirs, successors, executor, administrators or assigns,
with the intent that the obligations undertaken in the Agreement
shall run with the real property which is the subject to the
subdivision.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
""
ATTEST: RDINO
'~~r!~~ fl~n,-f-
SZJ{);;Y1 DIAiU//LP [h,J?OJ" ~JfiA
Approved as to form L{,
and legal content: !
JAMES F. PENMAN,
City Attorney,
By:
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August 10, 1992
SEP 11 1991
Valerie Pope-Ludlam, Mayor Pro Tempore
City of San Bernardino
SUBDIVIDER:
By:
By:
....
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92-359
1 respective legal representatives, successors, heirs and assigns.
2 22. Recorded Agreement. This agreement shall be recorded
3 in the office of the San Bernardino County Recorder at the expense
4 of the Subdivider.
5 23. Attorneys Fees. If legal action is taken to enforce or
6 interpret any provision of this Agreement, then the prevailing
7 party in that action will be entitled to recover from the losing
8 party all attorneys' fees and costs in connection with that
9 action, which amount shall be recorded as a lien against the
subdivision property
24. Subdivider Defined.
The term "Subdivider" shall
include not only the present owner of the subdivision property but
also any heirs, successors, executor, administrators or assigns,
with the intent that the obligations undertaken in the Agreement
shall run with the real property which is the subject to the
subdivision.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
W.R. Holcomb, Mayor
City of San Bernardino
City Clerk
Approved as to form
and legal content:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney,
By: (k.""'h 1. ,l~~
(j
By:
By:
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1 INSTRUCTIONS
2 If the Subdivider is a corporation, the Agreement must be
3 executed in the corporate name and signed by the President or a
4 Vice-President and the Secretary or Assistant Secretary, and the
5
6
corporate seal affixed.
If the Subdivider is a partnership, it
must be signed by all partners.
If the Subdivider is an
7 individual doing business under a fictitious name, it must be
8 signed by all persons having an interest in the business, and the
ficti tious name must be signed also.
The Agreement must be
notarized.
STATE OF CALIFORNIA
)
) ss.
)
COUNTY OF
On this day of
me, the undersigned, a Notary
State, personally appeared
,19 ,before
Public in and for said County and
of
CAT. NO. NN00627
TO 1944 CA (9-84)
((Individual)
;
!
i
w
0:
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~ TICOR TiTlE INSURANCE
of
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On August 27. 1992
said State, personally appeared
} ss.
before me, the undersigned, a Notary Public in and for
WILLIAM WAGNER ANn CATHY UAr-NF~
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person,L whose name S are subscribed to the
within instrument and acknowledged that ~ exe-
cuted the same.
WITNESS my hand and official seal.
/);/ .. / "
Signatu~tlJ1cn(C):xl{.JZlj;X-IUl~-
e, . '" CHRiSTINE C. DOWNARD
. NOTARY PUIUC
SAN BSWAROCNO COUNTY
CAUfOflNIA
My c..- Elpim JcN 3tI. 19811
(This area for official notarial seal)
al. )
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