HomeMy WebLinkAbout1990-341
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1 RESOLUTION NO. Y!J~,,).y1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13554, LOCATED ON THE
3 NORTHERLY TERMINUS OF "H" STREET AND "I" STREET, NORTH OF
NORTHPARK BOULEVARD, ACCEPTING THE PUBLIC DEDICATIONS AS SET
4 FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM
OF AGREEMENT WITH AMENDMENTS FOR THE IMPROVEMENTS IN SAID
5 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed
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Subdivision Tract No. 13554, located on the Northerly terminus of
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"H" Street and "I" Street, North of Northpark Boulevard, 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 Forecast
Corporation, for the improvements in said subdivision 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 One Million Dollars ($1,000,000.00)
per person and One Million Dollars ($1,000,000.00) per
occurrence.
Section 12(b)(2) of said Agreement is amended to
require property damage insurance in an amount of not less than
One-Hundred Thousand Dollars ($100,000.00) per occurrence. The
time for performance is specified at twenty-four (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.
HE/dys/13554.res
July 31, 1990
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SECTION 3. Section 11 of said Agreement is amended to read
2 as follows:
3 "Hold Harmless Agreement
4 Subdivider hereby agrees to, and shall, hold City, its
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elective and appointive boards, commissions, officers,
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agents and employees harmless from any liability for damage
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or claims for damage for personal injury, including death,
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as well as from claims for property damage which may arise
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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
aRB anyone or more persons directly or indirectly employed
by, or acting as agent for, Subdivider or any of
Subdivider's contractors or subcontractors. .
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SECTION 4.
Section 15 of said Ag'reement is amended to
17 read as follows:
18 "15. Repair or Reconstruction of Defective Work
19 If, within a period of one year after final acceptance
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of the work performed under this agreement, any structure
or part of any structure finished and/or installed or
constructed, or caused to be installed or constructed by
Subdi vider, 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
HE/dys/13554.res
July 31, 1990
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unsatisfactory part or parts of the work or structure.
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Should Subdivider fail to act promptly or in accordance
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with this requirement, or should the exigencies of the
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situation as determined by the City in the exercise of its
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sole discretion require repair, replacement or
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reconstruction before the Subdivider can be notified, City
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may at its option, make the necessary repairs or
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replacements or perform the necessary work, and Subdivider
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shall pay to City the actual cost of such repairs plus
fifteen percent (15%)."
SECTION 5.
Section 20 of said Agreement is amended by
12 adding the following:
13 "SUCCESSORS BOUND
14 This agreement shall be binding upon and inure to the
15 benefit of each of the parties and their respective legal
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representatives, successors, heirs and assigns."
SECTION 6.
The Final Map of said subdivision tract is
18 hereby approved and the City of San Bernardino hereby accepts as
19 public property all dedications within the subdivision as shown
20 on said Final Map for streets, alleys, (including access rights),
21 drainage and other public easements. As a condition precedent to
22 approval of the Final Map, the Subdivider shall first execute the
23 agreement referenced in Sections 2, 3, 4 and 5 hereof for the
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The City Clerk shall
improvements within said subdivision.
25 certify the approval and acceptance of the Mayor and Common
26 Council as set forth in this resolution.
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HE/dys/13554.res
July 31, 1990
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RESOLUTION
NO. 13554 .
. APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
WITH TIME FOR PERFORMANCE SPECIFIED.
SECTION 7.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of
meeting thereof, held on the
San Bernardino at a
t,:{L day of
, 1990, by the following vote, to wit:
ABSTAIN
NAYS
Council Members:
AYES
/
/
/
.,/
7
/
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ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
~~k~
of
The fo:;r-ing
(j1~d .
I
resolution is
, 1990.
'JIL
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day
hereby approved this
(-
/)
t~/?
MaY0r Pro Tern
City of San Bernar no
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
()
By: 'h\ll-:) 'f l e."
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H yS/13554.res
July 31, 1990
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of
(Subdivision Improvements)
THIS AGREEMENT is made and entered into this /f~ day
/
, 1~?O, by and between the CITY OF SAN
BERNARDINO a. unicipal corporation, hereinafter referred to as
!i "city", and
Forecast Corporation
() hereinafter referred to as "Subdivider".
7 B.ELITALS.-'.
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Subdivider has presented to city for approval a final
9 subdivision map (hereinafter called "map") entitled "
10 Tract 13554-1
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The map has been filed with the City for presentation to
13 the City Council (hereinafter called "Council") of the City for
14 its approval, which map is hereby referred to and incorporated
15 herein.
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Subdivider has requested approval of the map prior to the
17 construction and
completion of improvements, including all
18 streets, highways or public ways and public utility facilities
19 which are a part of, or appurtenant to, the subdivision (here-
20 inafter cilled "subdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the city Engineer of the city.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 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 by 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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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
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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.
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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
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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 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 auth-
ority to act for Subdivider.
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Inspection 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
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the work is in preparation.
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10. Contract Securitv
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Concurrently with the execution hereof, Subdivider
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shall furnish to City
improvement
security as
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follows:
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(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;
(b)
An amount equal to at least fifty percent of
If,
the total estimated cost of the improvements
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and acts to be performed as security for the
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payment of all persons performing labor and
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furnishing materials in connection with this
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agreement; and
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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 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 Aareement
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
any directly or indirectly
by aRe one or more persons 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 obtained
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.
(a) 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
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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.
(b) Public Liabilitv and Property Damaae 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
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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 Lia9ilitf Insurance
One Mi lion Dollars($l,OOO,OOO.OO)
In an amount not less than $-~~~~
for injuries, including, but not limited
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to, death, to anyone person and, subject
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to the
same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -~~~~r~~
amount
on account of anyone occurrence;
(2 )
Propertv Damaqe Insurance
One-Hundred Thousand Dollars($lOO,OOO.OO)
In an amount not less than $ ~,~.~
for damage to the property of each person
on account of anyone occurrence.
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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
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contain
a
standard
form
of
cross-liability
endorsement, insuring on such policy city,
its
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15.
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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
acceptance of the work performed under
final
this
agreement, ony structure or part of any structure
furnished ~nd/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
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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 Aaent of city
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 bligations under this agreement.
Cost of Enqineerinq 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.
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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 Aqreement: Performance by Surety or city
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified: 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 ta~e 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 1n completing the work, such materials,
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appliances, plant and other property belonging t
Subdivider as may be on the site of the work an
necessary therefor.
Notices
20.
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All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to City shall be addressed a
follows:
city Administrator
City Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing ~o 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 th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
27 IN WITNESS WHEREOF, the parties hereto have executed thi
28 agreement on the day and year first above written.
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personally known to me (or proved to me on the basIs of satisfactory eVidence) to be the
President. and Joe Carman
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
~f the corporation that executed the within Instrument,
and known to me to be the persons who executed Ihe within
instrument on behalf of the corporation therein named, and
aCknowledged 10 me that such corporation executed the same,
pursuant to its by laws, or a resOlution of its Board of Directors.
WITNESS my hand and official seal
STATE OF CALIFORNIA
COUNTY OF San Bernardino
} SS
"
On Ih'5 2nd day of March
a Notary Public in and for said COl.Jnty and State. personally appeared
Janes Rankill
/) . ~
"i1l br.H'( f1 ) 'f! Ph frY, {J ./
Not ry signature
. 19~. before me, the undersigned.
V~ce
J
Vice-President
r- .'-~~~:-I]J"~"
; ".... , ' I' '(
~"_""'.VM'~_~ ,1 t .(~3
.... y.,. --_. ~
(This area lor ollicial sea~l) ,
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SUBDIVISION ~ROVEMENTS AGREEMENT, TRA9IIr3554-l, FORECAST CORP.
ATT~
~-
City erk ~
By:
Approved as to form and
legal content:
JIl
~i-. r~
y Attorney
By:
By
President
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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A~BJ;;J;;M.!H!T
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(Subdivision Improvements)
THIS AGREEMENT is made and entered into this 7fL day
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of , l~rD, by and between the CITY OF SAN
BERNARDINO Corporation, hereinafter referred to as
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G "City", and
Forecast Corporation
6 hereinafter referred to as "Subdivider".
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BJ;;.\;;.ITALQ.-'.
Subdivider has presented to city for approval a final
9 subdivision map (hereinafter called "map") entitled "
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Tract 13554-2
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12 The map has been filed with the city for presentation to
13 the City Council (hereinafter called "Council") of the city for
14 its approval, which map is hereby referred to and incorporated
15 herein.
16 Subdivider has requested approval of the map prior to the
17 construction and completion of improvements, including all
18 streets, highways or public ways and public utility facilities
19 which are a part of, or appurtenant to, the subdivision (here-
20 inafter ca'lled "subdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the City Engineer of the City.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 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 by 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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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
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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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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.
Utilitv 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. Inspection by city
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.
10. Contract Security
Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as
follows:
(a) An amount equal to at least one hundred percent
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 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
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
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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 Aareement
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
any indirectly
by afui one or more persons directly or 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 obtained
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.
(a) 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.
(b) 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,
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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 Liabilitr Insurance
One Mi lion Dollars ($1,000,000.00)
In an amount not less than $-~~~~
for injuries, including, but not limited
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to, death, to anyone person and, subject
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to the
same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -~r~~~r~~
amount
on account of anyone occurrence;
(2 )
Propertv Damaqe Insurance
One-Hundred Thousand Dollars($lOO,OOO.OO)
In an amount not less than $ ~,~.~
for damage to the property of each person
on account of anyone occurrence.
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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
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contain
a
standard
form
of
cross-l,iabil i ty
endorsement, insuring on such policy city,
its
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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
otherwise unsatisfactory part or parts of the work or
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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 Aqent of city
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'sbligations under this agreement.
Cost of Enqineerinq 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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or Subdivider should make a
the benefit of Subdivider's
general assignment for
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 agree~ent, or of any portion
thereof, and default of subdivider.
Breach of Aqreement; 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 tate 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 t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to city shall be addressed a
follows:
city Administrator
city Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing ~J 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 th
benefit of each of the parties and their respective lega
27 IN WITNESS WHEREOF, the parties hereto have executed thi
representatives, successors, heirs and assigns.
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agreement on the day and year first above written.
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STATE OF CALIFORNIA
COUNTY OF San Bernardino
} 55
2nd March
On this day of
a Notary Public in and for said COl,lnty and State. personally appeared
Jarres Ranlan
. 19~. before me. the undersigned.
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personally knovm to me (or proved 10 me on the basis of satisfactory evidence) 10 be the
President, and Joe Ca.rrran
personally known 10 me (or proved to me on the basis of satisfactory evidence) to be the
~f the corporation that executed the within Instrument,
and known to me to be the persons who executed the Within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and oHicial seal.
YIJ/JU>Uu (l/(fi k-();( fj
Notary signature
Vl.ce
Vice-President
~S~~' '. OFFICIAL SEAL
._" . .o-\\.~-~. tJ~~!)'n,. . "....
'tt.,;d;.,\~..,,)" 11,1 i\h..~-, C/-IlVI 'f..~
~;t.~it~;~:., Nn,Ar(~' PU8.UC .'C,6>l~F;-~m~
,.-~;.,}'/ ~ SA,', m':.'~.^i";;::.:e-!r. -':Ol'riTY
~,., l.lC'""" ''''''oF'' '" "'''
~- --v...,:::__;:;
(This area lor olficial seal)
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SUBDIVIDION I~VEMENTS AGREEMENT, TRACT4IJ554-2, FORECAST CORP.
ATTEST:
Ci8\~ ~~
CITY
By:
Approved as to form and
legal content:
By:
By:
President
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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1e) ,Y!(
[>,gBJ;;.!H!J;;N:r
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(Subdivision Improvements)
THIS AGREEMENT is made and entered into this /i~ day
of 11~4!~, 19~, by and between the CITY OF SAN
BERNARDINO a~unicipal Corporation, hereinafter referred to as
G "city", and
Forecast Corporation
6 hereinafter referred to as "Subdivider".
7 B.F.;,\;;l,IAL~.;.
8 Subdivider has presented to city for approval a final
9 subdivision map (hereinafter called "map") entitled"
10 Tract 13554-3
11 "
12 The map has been filed with the city for presentation to
13 the City Council (hereinafter called "Council") of the City for
14 its approval, which map is hereby referred to and incorporated
15 herein.
16 Subdivider has requested approval of the map prior to the
17 construction and completion of improvements, including all
18 streets, highways or public ways and public utility facilities
19 which are a part of, or appurtenant to, the subdivision (here-
20 inafter c~lled "subdivision") designated in the map, all in
2] accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the city Engineer of the city.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 first enter into and execute this agreement with the city.
21\ fill
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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:
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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 hie opinion are necessary or
required to complete the work.
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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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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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
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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 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 auth-
ority to act for Subdivider.
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9. Inspection by city
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.
10. Contract Security
Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as
follows:
(a) An amount equal to at least one hundred percent
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 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
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
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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 or the City
Engineer and the City Attorney.
11. Hold Harmless Aoreement
Subdivider hereby agrees to, and shall, hold city, its
elective and appointive boards, commissions, orricers,
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
any
by aFl9 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 obtained
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.
(a) 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
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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.
(b) Public Liabilitv and Property Damaae 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 tollows:
( 1)
Public Lia9ili~r Insurance
One M~ lion Dollars($l,OOO,OOO.OO)
In an amount not less than $-~~~~
for injuries, including, but not limited
to, death, to anyone person and, subject
to the
same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -~~~~~
amount
on account of anyone occurrence;
(2 )
Prooerty Damaqe Insurance
One-Hundred Thousand Dollars($lOO,OOO.OO)
In an amount not less than $ ~,~.;xr
for damage to the property of each person
on account of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided tor 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-l, iab i1 i ty
endorsement, insuring on such policy city, its
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14.
15.
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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
acceptance of the work performed under
final
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
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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 Aqent of city
Neither Subdivider nor any of Subdivider's agents or
contr~ctors are, or shall be, considered to be agents
of city in connection with the performance of
Subdivider's bligations under this agreement.
Cost of E~ineerinq 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.
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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 Aqreement: Performance by Surety or city
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified: 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 tate 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 t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to city shall be addressed a
follows:
city Administrator
city Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing ~J 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 th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed thi
agreement on the day and year first above written.
13
STATE OF CALIFORNIA
COUNTY OF San Bernardino
}SS
2nd March
On this day of
a Notary PubliC in and for said COl,lnty and State. personally appeared
Jarres RankJ.l1
90
, 19_. before me. the undersigned,
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V:LCe
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
PreSident and Jce Carman
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
~f the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me thai such corporation executed the same,
pursuant to its by laws. or a resolution of its Board of Directors.
WITNESS my hand and oHiclal seal.
J
Vice-President
o"""-~ OFFICIAL SEAL
.;,';::::q,k" PATRICIA CHERONE
~.-"~~:~:~.~i NOT1,RY puauc. CALIFORNIA
.;1:::..))' ~.,;, i),IJ1~\''lD!NO COUNTY
If;"~,,, ~~I Ccrn~;. ~';;irt~ F~a. 20, 1'393
~
Yd1h;'~f1 ) (lrwtlhuj
Notary signature
(ThiS area for official seal)
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SUBDIVISION I,..OVEMENTS AGREEMENT, TRACT~554-3, FORECAST CORP.
ATTEST:
(;)~ ~~O~A/'
c-rt'; Clerk ~
CITY
By:
Approved as to form and
legal content:
President
By
President
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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A'\;'EJ;;J;;!,!J;;lil'
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(Subdivision Improvements)
THIS AGREEMENT is made and entered into this ?,Y/( day
/
, 19~, by and between the CITY OF SAN
of
Corporation, hereinafter referred to as
4 BERNARDINO
f) "city", and
Forecast Corporation
6 hereinafter referred to as "Subdivider".
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Subdivider has presented to City for approval a final
subdivision map (hereinafter called "map") entitled"
'i'rrlrt 11SS4-4
"
The map has been filed with the City for presentation to
13 the city Council (hereinafter called "Council") of the city for
14 its approval, which map is hereby referred to and incorporated
15 herein.
16
Subdivider has requested approval of the map prior to the
17 construction and
completion of improvements, including all
18 streets, highways or public ways and public utility facilities
I!) which are a part of, or appurtenant to, the subdivision (here-
20 inafter cilled "SUbdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the City Engineer of the City.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that SUbdivider
27 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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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
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5.
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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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
6.
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. Inspection by City
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.
10. Contract Security
Concurrently with the execution hereof, Subdivider
shall furnish to city improvement security as
follows:
(a) An amount equal to at least one hundred percent
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 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.
(c)
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As a part of 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
expenses
fees,
including
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
any indirectly
by aRe one or more persons directly or 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 reas'on 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 obtained
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.
(a) 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.
(b) Public Liabilitv and Propertv 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 LiaQilitI Insuranc~
One Mi lion Dollars ($1,000,000.00)
In an amount not less than $-~~~~
for injuries, including, but not limited
15
to, death, to anyone person and, subject
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same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -~r~~~r~~
amount
on account of anyone occurrence;
(2 )
Property Damaqe Insurance
One-Hundred Thousand Dollars($lOO,OOO.OO)
In an amount not less than $ ~,~.;xr
for damage to the property of each person
on account of anyone occurrence.
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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
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contain
a
standard
form
of
cross- J,.iabil i ty
~
endorsement, insuring on such policy city,
its
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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 reducti~n 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
otherwise unsatisfactory part or parts of the work or
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18.
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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 Aqent of City
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 bligations under this agreement.
Cost of Enqineerinq 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.
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or Subdivider should make a
the benefit of Subdivider's
receiver should be appointed
general assignment for
creditors, or if a
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 agree~ent, or of any portion
thereof, and default of subdivider.
Breach of Aqreement; Performance by Surety or city
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified; 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 ta!'e 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 t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to City shall be addressed a
follows:
city Administrator
City Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing ~J 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 th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed thi
agreement on the day and year first above written.
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personally kno.....m to me (or proved to me on the basis of satisfactory evidence) to be the
President. and Joe Carman
personally known 10 me (or proved to me on the basis of satisfactory evidence) to be the
~f the corporatIOn that executed the within Instrument.
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named. and
acknowledged to me that such corporation executed the same,
pursuant to its by laws. or a resolution of its Board of Directors.
WITNESS my hand and oHicial seal.
STATE OF CALIFORNIA
COUNTY OF San Bernardino
} SS
On th,. 2nd day 01 March
a Notary Public in and for said COlJnly ard Slate, personally appeared
James Rankll1
WU~[~A~
1ft,
) L/{i)UJtJ-./
Notary signature
90
. 19_. before me. the undersigned.
V~ce
..
Vice-President
4f'C'':~' <
f/~',~> ,"'.'
'}~F?t:;:>>
II,<,'" ,",
X:~~~;,:)?i ~
'QL~:W':":' f,',~
O"fFl(":l/J.. SEAL
ri..'~:;.I!i G;r::;-UNf
(This area foroflicial seal)
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SUBDIVISION ~OVEMENTS AGREEMENT, TRAC~3554-4, FORECAST CORP.
ATTEST:
crg~~
CITY
By:
Approved as to form and
legal content:
By:
President
By
President
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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JlI/
l\gE~~M~liT
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-1
(Subdivision Improvements)
THIS AGREEMENT is made and entered into this
of , 19)12, by and between the
7tL day
/
BERNARDINO
CITY OF SAN
Corporation, hereinafter referred to as
f) "ci ty", and
Forecust Corporation
G hereinafter referred to as "Subdivider".
7 E~~.ITAL~...
R
Subdivider has presented to City for approval a final
9 subdivision map (hereinafter called "map") entitled "
10 Tract 13554-5
12
The map has been filed with the city for presentation to
13 the City Council (hereinafter called "Council") of the City for
14 its approval, which map is hereby referred to and incorporated
15 herein.
IG
Subdivider has requested approval of the map prior to the
17 construction and
completion of improvements, inclUding all
lR streets, highways or public ways and public utility facilities
19 which are a part of, or appurtenant to, the subdivision (here-
20 inafter cilled "SUbdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the city Engineer of the city.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 first enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of
2 the subdivision Map Act of the state of California and Title 18
3 San Bernardino Municipal Code.
4
NOW, THEREFORE, for and in consideration of the approval
i
5 of the map and of the acceptance of the dedications or some
G thereof, therein offered, and in order to insure satisfactory
7 performance by Subdivider of Subdivider's obligations under said
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1<1
SUbdivision
agree as
Map Act and
said Ordinance,
the
parties
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
If)
Engineer of City the work and improvements within
Hj
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(and/or without) the subdivision to complete the
improvements
in accordance with the Plans
and
lR
Specifications on file as hereinbefore specified, or
In
with any changes
or ordered by said
required
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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
25
shown upon the Plans and Specifications therefor,
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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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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.
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 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.
5. 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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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
6.
replacement shall be to the satisfaction, and subject
to the approval, of the City Engineer.
utilitv 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.
4
7.
9. Inspection by City
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.
10. Contract Security
Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as
follows:
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(a)
(b)
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(c)
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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 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 or 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, of ricers ,
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
any
by al'lEl 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 obtained
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.
(a) 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
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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.
(b) 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,
8
.
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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 tollows:
(1)
Public Liabilitr Insurance
One Mi lion Dollars ($1,000,000.00)
In an amount not less than $-~~~~
for injuries, including, but not limited
to, death, to anyone person and, subject
to the
same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -~~~r~~
amount
on account of anyone occurrence;
(2 )
Property Damaqe Insurance
One-Hundred Thousand Dollars($lOO,OOO.OO)
In an amount not less than $ ~,~.~
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-liabil i ty
endorsement, insuring on such policy city, its
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14.
15.
.
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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
otherwise unsatisfactory part or parts of the work or
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18.
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structure. Should Subdiv1der 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 AGent of city
Neither Subdivider nor any of Subdivider's agents or
contractors are, or shall be, considered to be agents
of city 1n connection with the performance of
Subdivider's bligations under this agreement.
Cost of Enqineerinq 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 Aqreement; Performance by Surety or city
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified; 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 ta~e 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 t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to City shall be addressed a
follows:
city Administrator
city Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing rJ 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 th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
27 IN WITNESS WHEREOF, the parties hereto have executed thi
28 agreement on the day and year first above written.
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STATE OF CALIFORNIA
COUNTY OF San Bernardino
} 55
90
, 19_. belore me. the undersigned.
2nd March
On thiS day of
a Notary Public in and tor said Cottnty and State. personally appeared
James RankJ.n
V~ce
personally knovm to me (or proved to me on the basis of satisfactory evidence) to be the
President, and Jee Carman
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
~f the corporatIOn that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws. or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Vice-President
"I6I'rJ./Nf}) (J'JAJJlf /
Notary signature
~4i"~' o,,;;,;-;~
~ ' I w',', .:,',,,"'d',~~, t
/', ",,' I
/-<:.:/'.., , "-;-'.:>
,...,"'.....\
(ThiS area for official seal}
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SUBDIVISION I.OVEHENTS AGREEMENT, TRACTe3554-5, FORECAST CORP.
ATTEST:
f&~~~k ~
By:
Approved as to form and
l[~oJ~L
{ffY Attorney
By:
By:
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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lL~BJ';J';MJ';!!T
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(Subdivision Improvements)
THIS AGREEMENT is made and entered into this
of
l~i!Ld- ,19J?2, by
a unicipal Corporation,
and between the
If,{
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CITY
day
OF SAN
BERNARDINO
hereinafter referred to
as
5 "city", and
Forecast Corporation
6 hereinafter referred to as "Subdivider".
7 BJ';LITAL.Q.....
8
Subdivider has presented to City for approval a final
9 subdivision map (hereinafter called "map") entitled "
10 Tract 13554-6
11 "
12
The map has been filed with the city for presentation to
13 the City Council (hereinafter called "Council") of the city for
14 its approval, which map is hereby referred to and incorporated
15 herein.
16
Subdivider has requested approval of the map prior to the
17 construction and
completion of improvements, including all
18 streets, highways or public ways and public utility facilities
19 which are a part of, or appurtenant to, the SUbdivision (here-
20 inafter cilled "subdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of SUbdivision, which Plans and Specifications
24 are now on file in the Office of the City Engineer of the city.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 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:
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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.
Work: Places and Grades to be Fixed by 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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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
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5 .
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.
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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
6.
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 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 auth-
ority to act for Subdivider.
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9. Inspection 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.
10. Contract Securitv
Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as
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;
(b) 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
(c) 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 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
expenses
fees,
including
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
any
by alul 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:
(al 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 obtained
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.
(a) 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.
(b) 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,
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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 Liability Insurance
Orie Mi lion Dollars($l,OOO,OOO.OOl
In an amount not less than $-~~~~
for injuries, including, but not limited
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to, death, to anyone person and, subject
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to the
same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -~~~~r~~
amount
on account of anyone occurrence:
(2 )
Propertv Damaqe Insurance
One-Hundred Thousand Dollars($IOO,OOO.OO)
In an amount not less than $ ~,~.~
for damage to the property of each person
on account of anyone occurrence.
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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
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contain
a
standard
form
of
cross-liability
endorsement, insuring on such policy city,
its
Rev. 9
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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
otherwise unsatisfactory part or parts of the work or
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16.
17.
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structure. Should Subdivlder 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 Aqent 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'sbligations under this agreement.
Cost of E~ineerinq 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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or Subdivider should make a
the benefit of Subdivider's
receiver should be appointed
general assignment for
creditors, or if a
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 agree~ent, or of any portion
thereof, and default of subdivider.
Breach of Aqreement: Performance by Surety or city
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified: 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 ta~e 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 t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to city shall be addressed a
follows:
City Administrator
city Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing r8 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 th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
27 IN WITNESS WHEREOF, the parties hereto have executed thi
28 agreement on the day and year first above written.
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STATE OF CALIFORNIA
COUNTY OF San Bernardino
}ss
On th" 2nd day at March
a Notary Public in and tor said COlJnty and State. personalty appeared
James Ranklll
90
. 19_. before me, the undersigned.
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
President, and Joe Ca..rrt\3Il
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
~t the corporation that executed the within Instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named. and
acknowledged to me thaI such corporation executed the same,
pursuant to its by laws, or a resolution of ils Board of Directors.
WITNESS my hand and oHicial seal
YoI?iJ1(/{
(I!/J,I' Lj}71" .'
) LYlk- ( 1..
Notary signa!ure
[,
V~ce
J
Vice-President
'~.<C.."..<..,,,
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,;""v <,
(This area for olficial seal)
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SUBDIVISION IM~EMENTS AGREEMENT, TRACT ~54-6, FORECAST CORP.
ATTEST:
C~~~
CITY
By:
Approved as to form and
legal content:
~~?,~
y Attorney
Carman-Vice President
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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A~B.E.EM.!n!T
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of
(Subdivision Improvements)
THIS AGREEMENT is made and entered into this 7t~c day
/
,
, 19iV, by and between the CITY OF SAN
Corporation, hereinafter referred to as
Forecast Corporation
4 BERNARDINO
5 "City", and
6 hereinafter referred to as "Subdivider".
7 B.E~J.TA.L~1.
8
Subdivider has presented to city for approval a final
9 subdivision map (hereinafter called "map") entitled "
10 Tract 13554-7
11 "
12
The map has been filed with the city for presentation to
13 the City Council (hereinafter called "Council") of the City for
]4 its approval, which map is hereby referred to and incorporated
15 herein.
]6
Subdivider has requested approval of the map prior to the
17 construction and
completion of improvements, including all
18 streets, highways or public ways and public utility facilities
19 Which are a part of, or appurtenant to, the subdivision (here-
20 inafter c~lled "subdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the City Engineer of the city.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 first enter into and execute this agreement with the city.
28 IIII
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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:
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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.
Work: Places and Grades to be Fixed by 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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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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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
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replacement shall be to the satisfaction, and subject
to the approval, of the city Engineer.
Utilitv 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. Inspection 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.
10. Contract Security
Concurrently with the execution hereof, Subdivider
shall furnish to City improvement security as
follows:
(a) An amount equal to at least one hundred percent
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 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.
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As a part of 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
expenses
fees,
including
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
any
by aflli 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 obtained
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.
(a) 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.
(b) Public Liabilitv and Propertv 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 LiabilitI Insurance
One Mi lion Dollars($l,OOO,OOO.OO)
In an amount not less than $-~~~~
for injuries, including, but not limited
to, death, to anyone person and, subject
to the
same limit for each person, in an
One Million Dollars ($1,000,000.00)
not less than $ -s.G-G-~~Q.
amount
on account of anyone occurrence;
(2 )
Prooertv Damaqe Insurance
One-Hundred Thousand Dollars($100,000.00)
In an amount not less than $ ~,~.~
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-~iabi1ity
endorsement, insuring on such policy city, its
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13.
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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
otherwise unsatisfactory part or parts of the work or
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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 Aqent of City
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'sbligations under this agreement.
Cost of Enqineerinq 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.
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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 agree~ent, or of any portion
thereof, and default of subdivider.
Breach of AGreement; Performance by Surety or city
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the
work and the improvement herein specified; 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 tate 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 t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to City shall be addressed a
follows:
city Administrator
city Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing r0 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 th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
27 IN WITNESS WHEREOF, the parties hereto have executed thi
28 agreement on the day and year first above written.
13
Ii_-
STATE OF CALIFORNIA
COUNTY OF San Bernardino
I' 2nd March
On this day of
l'\ a Notary Public In and for said COLJnty and State,
J arres Rankl11
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. 19__ before me, the undersigned,
personally appeared
\ personally known to me (or proved to me on the basis of satisfactory evidence) to be the
President. and Joe Cannan
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
~f the corporaliOn that executed the within Instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to Its by laws. or a resolution of its Board of Directors.
WITNESS my hand and oHiciaJ seal.
J!1'
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Notary signature
V~ce
..
Vice-President
~~<
_,,-. --:~:-L:.,/'
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..;;~' '<;."'--v"'-J,w:r~--'..;.:..(
{'i/u'W7U-/
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(This area for ol!icial seal)
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SUBDIVISION IM~VEMENTS AGREEMENT, TRACT ~54-7, FORECAST CORP.
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CITY
ATTEST:
C~~~
By:
Approved as to form
legal content:
.w~7.,~
7 ~ty Attorney
and
By:
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By:
President
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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
19 notarized 'by the Subdivider.
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