HomeMy WebLinkAbout1983-310
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
i
RESOLUTION NO. 83-310 II
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 11883, LOCATED NORTH OF RANDALL AVENUE, BETWEEN EUCALYP-
TUS AND PEPPER AVENUES; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
2
3
4
5
6
SECTION 1. The Mayor and Common Council find that proposed Sub-
division Tract No. 11883, located North of Randall Avenue, between Eucalyptus
7
8
and Pepper Avenues, together with the provisions for its design and improve-
ments is consistent with the General Plan of the City of San Bernardino.
9
SECTION 2. The Mayor of the City of San Bernardino is authorized
on behalf of said City to execute an agreement with Interamerican Builders
Partnership, a California general partnership, for the improvements in said
subdivision tract as are required by Title 18 of the City Municipal Code and
the California Subdivision Map Act. Said improvements are specifically des-
cribed and shown on Drawing No. 6197 and 6200, approved and on file in the
office of the City Engineer of the City of San Bernardino.
SECTION 3. The final map of said subdivision tract is hereby
approved. As a condition precedent to approval of the final map, the sub-
divider shall first execute the agreement referenced in Section 2 hereof for
the improvements within said subdivision. The City Clerk shall certify the
approval and acceptance of the Mayor and Common Council as set forth in this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a regular
meeting thereof, held on the 19th
day of
SepteIllber , 1983, by the
following vote, to-wit:
AYES: Council Members
Castaneda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
1
NA YS: None
2
ABSENT: None
3
4
5
~1?t1/~
/ City Clerk
The foregoing resolution is hereby
6
September
7
8
9
10
I Approved as to form:
I
11
&z:: h~..~
to/r A__
ity At rney
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
, 1983.
- 2 -
1
A G R E E MEN T
---------
2
(subdivision improvements)
3
4
THIS AGREEMENT is made and entered into this ~ofii day of
J I
'" /L,tM . 19a;i. by and between the CITY OF SAN BERNARDI NO
.' .
a muflicipal corporation. hereinafter referred to as "City". and
Interamerican Builders Partnership . hereinafter referred to as
5
6
7
"Subdivider".
8
9 ~IIlTAh~:
10 Subdivider has presented to City for approval a final sub-
11
~ivision map (hereinafter called "map") entitled"
Tract 11883
12
13
"
14
The map has been filed with the City for presentation to the City
ouncil (hereinafter called "Council") of the City for its approval.
~hich map is hereby referred to and incorporated herein.
15
16
17
Subdivider has requested approval of the map prior to the con-
18
truction and completion of improvements. including all streets.
19
ighways or public ways and public utility facilities which are a part
f. or appurtenant to. the subdivision (hereinafter called "subdivision")
~esignated in the map. all in accordance with. and as required by. the
lans and specifications for all or any of said improvements in.
20
21
22
23
ppurtenant to. or outside the limits of subdivision. which plans and
pecifications are now on file in the office of the City Engineer of
24
25
ity.
26
Council has approved said map and accepted the dedications
herein offered. or some thereof. on condition that Subdivider first
27
28
nter into and execute this agreement with the City.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This agreement is executed pursuant to the provisions of the Sub-
division 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 Hork
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in .} good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi"chout) 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 Engineer
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, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
-2-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 Citv En9ineer mav extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider I s suretv,
and extensions so granted shall not relieve the suretv's liabilitv
on the bond to secure the faithful nerformance of this agreement.
The Citv Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have rerlaced, or renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroved or damaged, and Subdivider shall re-
nlace or rave replaced, repair, or have repaired, as the case mav be,
or pay to the owner, the entire cost of replacEment or repairs, of
any and all proper~y damaged or destroved bv reason of anv work done
hereunder, whether such propertv be owned bv the United States or
any agency thereof, or the S tate of Ca 1 iforn i a, or anv agen Clf or
political subdivision thereof, or bv the City or by anv public or
private corporation, or by anv person whomsoever, or bv anv combina-
tion of such owners. Any such renair or replacement shall be to the
satisfaction, and subject to the approval, of the Citv Engineer.
6. Util ity Deoosits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
- 3 -
1
2
3
4
5
6 II
7 II
8 II
Ii
9
II
10 I
11 I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of any work to be performed within the area delineated on the map.
a written statement signed by Subdivider. and each public utility
corporiltic1n involved. to the effect that Subdivider has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied by
such public utili~v coroorution within the Subdivision.
-,
. .
Permits:
Compliance with Law
Subdivider shall. at Subdivider's expense. obtain all necessarv
permits and licenses for the construction of such improvements.
give all necessary notices and pay all fees and taxes reouired by
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement. or have a competent foreman or Superintendent.
satisfactory to the City Engineer on the work at all times during
progress. with authoritv to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City. to all parts of the
work. and to the shoos wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof. Subdivider shan furnish
to City imrrovement security as follows:
(1) An amount equal to at least one hundred percent of the total
estimated cost of the imorovement and acts to be performed as
security for the faithful performance of this agreement;
- 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
1911.
20
21
22
23
24
25
26
27
28
(2) 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 mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est'mated cost of the improvements and acts to be oerforrriE'd 25
security for the guarantee and warranty of the work for a period of
one (1) year following the completion and acceotance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and 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 ~unicipal Code; and
the type shall be at the option of and subject to the apnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, ~arrrless
from any 1 iabil itV for damage or cl a;r;1s for damage for personal injurv,
including death, as well as from claims for propert~' damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arrees to, and shall, defend City, and its
-'5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
apoointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in equity for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, ~Iaive anv 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 Citv by Subdivider, or en\, cf 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 all eged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not Citv has orepared, supplied or
approved of, olans and/or specifications for the subdivision,
or regardless of whether or not such insurance pol)cies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havl~ obtained all insurance required under this paragraoh and
such insurance shall have been aporoved by Citv Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to corrnnence Vlcrk en hi s contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. A.ll requirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
- 6 -
1
a. Compensation Insurance
2
3
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's employees
4
employed at the site of improvement, and in case any work is
5
6
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
7
contractor's or subcontractor's emnloyees, unless such emplovees
8
are covered by the protection afforded bv Subdivi der. In case
any class of employees engaged in work under this agreement at
9
10
the site of the project is not protected under any Workmen's
Compr:nsvtion Law, Subdivider shall provide and shall cause each
11
12
contractor and subcontractor to provide, adequate insurance for
13
the protection of employees not otherwise nrotected. Subdivider
14
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or anv contractor or subcontractor to take
15
]6
out or maintain such insurance.
17
18
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
19
agreement such oublic liability and property damage insurance
20
as shall insure City, its elective and appointive boards, commis-
21
sions, officers, agents and employees, Subdivider ar.d anv contrac
22
tor or subcontractor performing work covered by this agreement
23
from claims for damages for personal iniurv, including death,
24
as well as from claims for property damage which may arise from
25
Sub0ivider's or any contractor's or subcontractor's operations
26
27
hereunder, whether such operatior.s be by Subdivider or any
contractor or subcontractor, or by anyone directly or indirectly
28
employed by either Subdivi der or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
- 7 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(1) Public Liabilitv Insurance
In an amount not ~€ss than $ 100,000.00 for
injuries, including, but not limited to, death, to any
one person and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the property of each person on account of any
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entity, oerson,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcontractor
performing work covered bv this agreement.
13. 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 Deriod of this agreement.
14. 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.
- 8 -
1
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
2
3
work performed under this agreement, anv structure or nart of anv
4
5
6
structllre furni <;hec. e.nd/or ins ta 11 ed or cons tructed, or caused
to be installed or constructed by Subdivider, or anv of the work
done under this agreement, fails to fulfill anv of the requirements
7
8
9
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anv cost to City, renair
or replace or reconstruct any defective or otherwise unsat~sfact-
10
ory part or parts of the work or structure. Should Subdivider
11
12
fail to act promptly or in accordance with this requirement, or
13
should the exigencies of the Subdivid(:r car. ~.e r.atified, Citv may a
its option, make the necessary repairs or replacements or perform
14
15
16
17
18
19
the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be 80pnts of City in connection with
the performance of Subdivider's obligations under this agreement.
20
21
22
23
24
25
26
27
28
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engineering inspections and ot!!er services connected with the City
in regard to the subdivision. Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and De~ault
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such diliqence as will insure
its completion within the time specified, or anv extensions thero+"
or fails to obtain completion of said work within such time, or if
- 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19
20.
the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assionllent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Sllbdivic:Er's insolvency, or if Sllh~ivicer, 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 uron Subdivider and Subdivicer's
'surety of breach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance O'f Surety or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVf.:r ane ccmnl ete (he \~ork and the improvement
herein specified; provided, however, that if the suretv, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intent'ion to take over
the performance of the contract, and does not commence perforlTli"\nce
thereof within five days after notice to City of such election,
City may take over the work and prosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of SubdividEr, and Subdivider's
surety shall be liable to Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
Notices
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
- 10 -
1
Notices required to be given to City shall be addressed as follows:
2
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
3
California 92418.
4
Notices reauired to be given to Subdivider shall be addressed as follows:
5
23141 Verdugo Drive, #205, Laguna Hills, California 92653
6
7
Notices required to be given surety of Subdivider shall be addressed as
8
follows:
Developers Insurance Company, 333 Wilshire, Anaheim, Ca. 92801
9
10
Provided tfJat any party or the surety may change such address by notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
11
]2
13
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14
the day and year first above written.
]5
16
ATTEST:
17
18
~Ltllll/ ~
{ity Cl er
]9
20
SUBDIVIDER
21
22
Approved as to form:
By:
23
~~~df'
City ttorney
'By:
24
RICAN BUILDERS PARI'NERSHIP..
a alifornia general partnershiQ,
By: North Amerlcan tiousmg, .inc.,
a California Corporation, General
Partner
By: Frank 1'1. Bauman, President
INSTRUCTIONS Frank IV. Bauman, Secretary
If the Subdivider is a corporation, the agreement must be executed in
25
26
27
28
~e corporate name and signed by the President or a Vice-President and the
- 11 -
1
2
3
4
5
6
7
8
9
]0
11
12
13
]4
15
16
]7
]8
19
20
Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
23141 Verdugo Drive, #205, Laguna Hills, California 92653
Notices reauired to be given to Subdivider shall be addressed as follows:
Notices required to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance Company, 333 Wilshire, Anaheim, Ca. 92801
Provided that any party or the surety may change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year fi rst above written.
ATTEST:
~1lA/~/
-City Cler
SUBDIVIDER /7
STATE OF CALIFORNIA Orange
COUNTY OF
September 6, 1983
On...
Frank W.
It
"-c
ro
-0-
~ E
(j) 0
cu
to (j)
ro_
D-- :':::
",f-
ro c
c ro
o .::2
-.::Qj
:u E
g<r:
oU)
u=
_LL
ss
, before me, the undersigned, a Notary Public in and for
Bauman
said State. personally appeared
and
. personally known to me (or proved to me on the basis
of satisfactory evidence) to be the persons who executed (he within instrument as_ . .
North Arrerlcan Housmg,
President and Secretary, on behalf at _
InC. ,
the corporation therein named, and acknowledged tone that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corpmation being
known to me to be one of the partners of
_Irlteramerican Builders Partnership,
the partnership that executed the Within Instrument, and ack.
nowledged to me that such corporation executed the same as
such partner and that such partnerShip executed the same
WITNESSmYhandan~ial~ ~
Signature -1' icia 1fure~ N~Y~
N
!!'.
]i
fI''''''''
'm . ..
> ". :'0
.
OFFICIAL SEAL
PATRICIA HElEN NOYES
NOTARY PUBliC - CALIFORNiA
OM,'(GE COUNlY
My Q)IIIm. ex,wes OCT 28. 1983
(This area for official notarial seal)
)
~~~~
~v~~
1\RTNERSHIP..
tnershiD "
mg, .inc.,
3.tion, General
Partner
President
Secretary
" executed in
1ent and the
1
2
3
4
5
6
7
8
9
10
11
]2
13
14
]5
]6
17
]8
]9
20
21
22
23
24
25
26
27
28
Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all oersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivi der.
- 1? -
: I '
I'
,1('lTY 1,(J(,eL
34UU Irvinc'
, \'[f)( Ir I 1,1", {
cl
,\V('., :eC1U2
iI, CA. c12CifJU
il
"
IllclUci :ri .11
lndl'lIml
n
... F,1 i rlllCln L Ins.
IntcramL'ricdn
23141 Vc'rdugCl
Laguna ]jills,
BuildL'rs
Dr. #202
CA. 92653
r
t....1
....
L'..!
,
E
j f.'!'" ,>, r ~,_S !(.;",.'. .." (j (.~", I: C, r i
11(:",
i_ ;r':1'~ -t ~:- a-f- [;-3"_)-; i1t~'-fi~-n'-(~'U5a'r-l "di '( 'i)O()T
- ---n--.f-------- ____________n____
,,'"
.)1
, :;U:E:(~ rljnl:'C; -,(-J
r.~dV-j("<;~"ejc:r 'tJi"
GEr-<ERr,l L:i ~Iln y
[XI
i. I'i~
If<'r'I',.
,"i ',' i ,\ ,,_~ .
I 1,000, '1,000,
I.,~ f' ~ ,\ f ;-
x~ i'
loG 8535503
4/26/84
~'..\ : N
11,000,
I
i " "
f'f-i"Pf iF :J,",MfiCl
i\UTOMOBILE '_lABILITY
\~.,;~ i. f ~; : v
;"~; r
IV!ir
f.-j()Dii :NJiJRY AND
Pf-?(jf'f fnv DMv\I'.GF
______.....:--:~-~~iNr U
EXCESS lIA BllITY
ROllII Y !N,lI.iRY AND
[] lHv1Hf;>f II A HJH-1
o (!THt!~TflANLJr--."\mLlA
tOfIM
__l-.___.__~___
WORKERS' COMPENSATION
and
f'!-~Ui-)LHTY I)AMAC;!
COMHi~J[D
12/16/83
F 5213
EMPLOYERS' LIABILITY
_.._------_..~--_._---------~-------~-
OTHEIl
: m:SCRIPTION OF OPERATIONS/LOCAT10NS/VEHCLES
Additional Insured
/;)
,//''''
//')'~
I
1---------
:
1
I
I
I
I
I
!
i
Cancellation:
Should any of the above des1rcfed policies be cancelled before the expiration date thereof. the issuing com-
pany WIll endeavor to mail _ days Written notice to the below named certificate holder, but failure to
mall such noli,:e shall Impose no obligation or liability of any kind upon the company.
--1
N!\MF AND i\lHA.;>ESS OF CFFH:FICA 1 F HOlI)fR
ATTI.J:
c__
Mr.
Youn Kim
DATE ISSUED_-.2LQ7/83 ____._______.___
~uJ~~
Jerry ~da;~/~~D f,lPRLSlNf^[IV[
City of San Bernardino
300 N "D" St.
San Bernardino, CA. 92418