HomeMy WebLinkAbout1990-041
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1/16/90
RESOLUTION NO.
90-41
RESOLUTION OF THE CI'rY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR REVERSION TO ACREAGE IN TRACT NO. 14356, LOCATED AT
SUN VALLEY DRIVE AND FORTY-EIGHTH STREET, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
REVERSION TO ACREAGE, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council find that
proposed reversion to acreage in Tract No. 14356, located at Sun
Valley Drive and 48th Street, together with the provisions for
its 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 standard form of
agreement adopted by Resolution No. 84-8 with Barratt Homes,
Incorporated, a Delaware Corporation, for the improvements in
said reversion to acreage in the tract as are required by Title
18 of the San Bernardino Municipal Code and the California
Subdivision Map Act.
Section 12 (b) (1) of said Agreement is
hereby amended to require public liability insurance in an amount
of not less than $250,000 per person and $500,000 per occurrence.
The time for performance is specified at 24 months.
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 reversion to acreage
RESO: APPROVING THE FINAL MAP FOR REVERSION TO ACREAGE IN
. 'TRACT NO. 14356, LOCATED AT SUN VALLEY DRIVE & 48TH
1 as shown on said Final Map for streets, alleys, (including access
2 rights), drainage and other public easements.
As a condition
3 precedent to approval of the Final Map, the Subdivider shall
4 first execute the agreement referenced in Section 2 hereof for
5 the improvements within said subdivision. The City Clerk shall
6 certify the approval and acceptance of the Mayor and Common
7 Council as set forth in this resolution.
8
SECTION 4.
This resolution is rescinded if the parties
9 to the agreement fail to execute it within sixty (60) days of the
10 passage of this resolution.
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1/16/90
- 2 -
.
RESO: APPROVING THE FINAL MAP FOR REVERSION TO ACREAGE IN
.
'TRACT NO. 14356, LOCATED AT SUN VALLEY DR:j:VE &. 48TH
1 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
4
reaular
meeting thereof, held on the
5th day of
Februarv
, 1990, by the following vote, to-
5 wit:
AYES:
Council Members
Estrada. Reillv Florp.s M~lJ(:h~lpy
Minor. Pope-Ludlam. Miller
NAYS: None
ABSENT: None
, ~
..#~;1~, ~/
" Ci ty Clerk
The foregoing resolution is hereby approved this ~-c~
Februarv
, 1990.
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"'//
A~EE.E.ME.!:!:l:
(Subdivision Improvements)
THIS AGREEMENT is made and entered into this Sf~~
of ~~~~., 191~, by and between the CITY
BERNARDINO a Muni~pal corporation, hereinafter referred to
day
OF SAN
as
"city", and
Barratt American Incorporated
hereinafter referred to as "Subdivider".
EE.gIl:A1.Q....
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "map") entitled "
Tract 14356
"
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.
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 (here-
inafter 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 out-
side the limits of subdivision, which Plans and Specifications
are now on file in the Office of the city Engineer of the city.
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.
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This agreement is executed pursuant to the provisions of
the Subdivision Map Act of the State of California and Title 18
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.
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5.
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.
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 without notice to the Subdivider's surety,
and extensions so granted shall not relieve the
surety's liability on the bond to secure the faithful
performance of this agreement. The City Engineer
shall be the sole and final judge as to whether or
not good cause has been shown to entitle subdivider
to an extension.
Repairs and Replacements
Subdivider shall replace, or have replaced, or
repair, or have repaired, as the case may be, all
pipes and monuments shown on the map which have been
destroyed or damaged, and Subdivider shall replace or
have replaced, repair, or have repaired, as the case
may be, or pay to the owner, the entire cost of
replacement or repairs, of any and all property
damaged or destroyed by reason of any work done here
under, whether such property be owned by the United
States or any agency thereof, or the State of Calif-
ornia, or any agency or political subdivision
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8.
6.
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.
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 corpor-
tion 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.
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 18 San Bernardino Municipal Code.
Superintendence bv 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 auth-
ority to act for Subdivider.
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9.
10.
Insoection bv citv
Subdivider shall at all times maintain proper facil-
ities and provide safe access for inspection by City,
to all parts of the work, and to the shops wherein
the work is in preparation.
Contract Securitv
Concurrently with
shall furnish to
follows:
(a) An amount equal to at least one hundred percent
of the total estimated cost of the improvement
and acts to be performed as security for the
faithful performance of this agreement;
An amount equal to at least fifty percent 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
An amount equal to at least twenty-five percent
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
5
(b)
(c)
the execution hereof,
City improvement
Subdivider
security as
the obligation guaranteed by the
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security and in addition to the face amount of
the security, there shall be included costs and
reasonable
and
fees,
including
expenses
reasonable attorneys' 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 18 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. Hold Harmless Aqreement
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers,
agents and employees harmless from any liability for
damage or claims for damage for personal injury, including
death, as well as from claims for property damage which
may arise from Subdivider's or Subdivider's contractors',
subcontractors', agents'
or employees' operations under
this agreement, whether such operations be by Subdivider
or by any of Subdivider's contractors, subcontractors, or
by and one or more persons directly or indirectly employed
by, or
acting as agent for, Subdivider or any of
Subdivider's contractors or subcontractors. Subdivider
agrees to, and shall, defend City, and 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
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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 12 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.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount and
carrier, nor shall Subdivider allow any contractor or
subcontractor to commence work on his contract or
subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtainedi
and approved. All requirements herein provided shall
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appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance
carrier.
(al Compensation Insurance
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation 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 Workmen's
Compensation 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 Workmen'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.
(bl Public Liabilitv and Prooertv 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,
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officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered
by this agreement from claims for damages for
personal injury, including death, as well as from
claims for property damage 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 directly or indirectly employed by either
Subdivider or any contractor or subcontractor, and
the amounts of such insurance shall be as follows:
(1) Public Liabilitv Insurance
In an amount not less than $ 250,000.00
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 $ 500,000.00
on account of anyone occurrence;
(2) Property Damaqe Insurance
In an amount not less than $ 50,000.00
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 12 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
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13.
14.
15.
elective and appointive boards, commissions,
officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered
by this agreement.
Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of the
insurance required, and evidence that each carrier is
required to give City at least ten days prior notice
of the cancellation or reduction in coverage of any
policy during the effective period of this agreement.
Title to Improvements
Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest
absolutely in City, upon completion and acceptance of
such improvements by City.
Repair or Reconstruction of Defective Work
If, within a period of one year after final
acceptance of the work performed under this
agreement, any structure or part of any structure
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 I
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otherwise unsatisfactory part or parts of the work or .
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16.
17.
18.
structure. Should Subdivider fail to act promptly or
in accordance with this requirement, or should the
exigencies of the situation as determined by the City
in the exercise of its sole discretion require
repair, replacement or reconstruction before the Sub-
divider can be notified, City may at its option, make
the necessary repairs or replacements or perform the
necessary work, and Subdivider shall pay to City the
actual cost of such repairs plus fifteen percent
(15%).
Subdivider Not Aoent of Citv
Neither Subdivider nor any of Subdivider's agents or
contractors are, or shall be, considered to be agents
of city in connection with the performance of
Subdivider's obligations under this agreement.
Cost of Enoineerino 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.
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,
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19.
or Subdivider should make a general assignment for
the benefit of Subdivider's creditors, or if a
receiver should be appointed in the event of
Subdivider's insolvency, or if Subdivider, or any of
Subdivider's contractors, subcontractors, agents or
employees, should violate any of the provisions of
this agreement, city Engineer or City council may
serve written notice upon Subdivider and Subdivider's
surety of breach of this agreement, or of any portion
thereof, and default of subdivider.
Breach of Aareement: Performance bv Suretv or Citv
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified; provided,
however, that if the surety, within five days after
the serving upon of such notice of breach, does not
give City written notice of its intention to take
over the performance of the contract, and does not
commence performance thereof within five days after
notice to City of such election, city may take over
the work and prosecute the same to completion, by
contract or by any other method city may deem
advisable, for the account and at the expense of
Subdivider, and Subdivider's surety shall be liable
to city for any excess cost or damages occasioned
City thereby; and, in such event, city, without
liability for so doing, may take possession of, and
utilize in completing the work, such materials,
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appliances, plant and other property belonging to
Subdivider as may be on the site of the work and
necessary therefor.
20.
Notices
All notices herein required shall be in writing, and
delivered in person or sent by registered mail,
postage prepaid.
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
Notice required to be given to Subdivider shall
be addressed
as
follows:
Barratt American Incorporated
30 Fairbanks, Suite 110, Irvine, CA 92718
Notice required to given surety of Subdivider shall be addressed
as follows:
The American Insurance Company
17542 E. 17th Street, Tustin, CA 92680
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.
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 above written.
13
,
,
STATE OF CALIFORNIA ^r.,.., ~o , iSS
COUNTY OF_ - ~,-""j'\ >-'--- . .
~C-€. \'~ €.. -r \ g ~ q_ ,before me, the undersigned, a Notary Public In and for
0"-__ - Sk~ (\'b-rI<Ow--,-t~_______and
said State personally appeared 0.. 0-_ - - -
__ ----.:::-\Udl ~ A. ~'Y\ '.-.ll~_ n__ ______, personally known to me (or prov~d to,r;:e on the
~.1.......:.- h t d the within instrument as~!:::L.!SL_-
basis of satisfactory evidence) to be the persons w 0 execu e O~. _ -0..-\4
, \' . d -5ecretary, on behalf of~--
---l.LLL0__Presldent an__.______
-~U!XL_--=rN~< ?D\(l~~.
t th t OffiCIAL SEAL
the corporation therein named, and acknowledged 0 me .8 MARV McOAN1EL
h ration executed the within instrument pursuant to Its NOTARY PUBLIC. CAlifORNIA
sue corpa PRINCIPAL QfHCE IN
by-laws or a resolution of its board of directors. ORANGE COuNTV
\ . . MJ Comm,ssio' r"". Aul. 28. 1992
WITNESS ~~a,nd~:n: O~IC.IaI~S:'l'l ~ [" . /,
. -,- I' ~'--"'-_ I "--~ (This area for official notarial seal)
Signature
III'"
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CITY
~
ATTEST:
~~~~/
tl.ty Clerk
B~
Approved as to form and
legal cor-,tent:
SUBDIVIJ;lER:
BARRATT ilM..ER;CAN zrrrp*2b
By: ftA--<l :z
Sr1'e~lt;~ _
By: 1Y ~
~ VJ~- ~~
City Attorney
By:
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
executed in the corporate name and signed by the President or a
Vice-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 by the Subdivider.
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