HomeMy WebLinkAbout1983-233
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:H:::.OLlFfI Cii',j NO.
83.-~3J
RES'lLUTlON OF THE CITY OF S/lJ~ BLR"iP,RDIN!)~RPPOVINr; THE FPIAL ~~,\p FOP
S'.IBDIVISIO~I TRACT 'iO. 12034 LOC~TED BEnU)! VJATER~Wi AVPIUE MID TIPP:::CANOE
,:.VENUE /\~lD ~iOl~TH OF 1-10 FREEl.jAY,; ACCEPTING TflE PUBLIC DEDICP.TIONS P.S SET
FGI\TH orc Sill!) W,P; .firm AUTIIORIZP,G EXEC':i!CN OF~NA('RFP1E:n FOR THE wrr.OVE
HEins Iii SA.I:! SIIBOIVISIO::.
W'e I' RESOl VED BY THE '1PYO:, !JW CO:1'iD:: CIII!:'iClL OF THE CITY OF S:~l
bFl~i'jP\Hi)I\!() PIS rOLLO\r.JS:
SECTIO~ 1. T~e ~1aycr and Co~mon CO\J'lci~ find that 1;he proposed SLih..
ctivisicr, Tract rlo.
!\venllP ?nc
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12U34,
']oCJt.f:d b(::tvH?E<i
V,!i.', ~'.(:rli'2_;:
'\Vl'nur:: i:nc! Nort!'l of I-In F('pe\"'c\'~ t('gC'tr:cr~ \.,dtl-: th:\ nre'iisior:s f0f it~~
Jesic:n ar.d ii'"'Dt'JVelllE-nts "is conslstey;t ',JJith tJ'P G(\ne';^a.l Plan of .Ulf' ri";-\j
Of San
DC' ["'nn, i"C i r r:"
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C~ty of ~Dn Cernarcino is allthorized Ot~ i
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:U: (.19repl'l0rt l';ith tbr:- Park Centre propertiles
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SECT I(},; 2.
:1f!.\.rOt~ (yf the
The
t:el1i'l-r cf sE,id Ci~y to r=\)q:r~t.r.
for tr;t~ ii110r'C';P':.,:en'~s ir: ~,::).icl
Tr~ct 2S ~rp re0l!ire~ bv 1.i+10
beri vi si ("lfl
of i::-:P ::-;;'"1 f~2'i"n.:~r(;inc r~'Jlricir;"'.] CedI? .~.~nd t!.ll~ C(-)1if0r~1ir:. ~;L!r;c:i',fi:-:";r ,c.r' ,i\C'~:^
~ai(; 1r'ipr'.-'\\/el:fJlt:S i,in::' c:,r-iec;fical1\' :JFscy'ihr-'j ,1,U ~.
,~:' ;'! '-1 'r - ,~" " i ~" c r'l rJ
(1):T('(i\iEoCl and '''\ fi";e in the r.f-f"ice nf th2 lit'i c-nni>f'er (1 4-':2 City nf ~;.~:.!
~jei';;Dn.:!i j'/"
SFCTIn:< 3. :-;cjp fin,\'1 i.iap nf saie. .st.ll.:;cii','isio"i Tr"act is h2r'ebv ;::r"Jc'(;::\"eri
c:Y;\.) the' Lit'! Df :~:t:l.;.l :-',py'no,rcii':(' h"~(f;':Y 0('cen~~<.; cs rl1b.ilC :!~' '-c~,+:", (l~~ (rei
ca+-i "'-; i',.,:"i. t'~:1 ~ (!i,.'.1s'ir.,t, "J.~; ~;":O\'V'.; (",~
'i:" f-'~ ,']1 !.:\tl '.'!" ,~J"\"l<'t~
'~li.:~~\/S, i 1t'cluj'ir;c DC(:- S<:; "~g".;t~,~;,~ T,\;in~\i:i-? ;0'\"',1: '"~.!~r::" "~'i~:- c?(lSE~r~cr.t'? 'it::
,:1 CGn(~~ ti;:..,: !)r~:Ce(,!(-,(i+ t,:, i1r,:)
1;:11
f i->l:: fir;0~ rnalJ~ l-he );lh~i';\'idC'(
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fj[.~;t p.\ecute th: ,>'(:"'eer:cr,t ;"effre\~Ci::".! ii, :-:~e('tion 2 hen'c;f' 'Fr f' 'I:-.)!P il.y;rc;\'p.~
l1:ert.. ','dt:-'lr1 St1,ici Sljh.~ji\'-ic;icr, T~-:? Cit,! I']f'\^ l.ihJ1l c(:,\~t'ify th-: ~'r)lji"'\rl.i
c,rd ;::CO:.:->:~i:C(, (,.f thE: ;j~.:v\):. ,,",,riel ("H11:,cn C'-i";",C;: 2::-, (.[,t fert!: i~, tl-ii 0::. r'~.;<::C~ 1)-
t: ~ ':.::"1 ,
I Hthr~r;' C~.STIFY t!ictt tht, ~l;''t--'c/\jr:q re<;(JiutinY'
1/,,;' (' rj! 11 Y ? ujC':' ter~ I-I\; +\.:~\.
,,'-" 1 . '.. '" ~'. .' . L." ( \
~'~~\ror- r~:irl C(Jn')l~Ot.
CCL'rc; ~ (if the C-; ty cf ~)iP~ r"'n12nii no at ('
.Y:'ecrular
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:i1c:(.t~r;:_~ V-IE:, :::, f~ f\r::.'h~ (T ~'le 18t.h c1ell of l.lul~!
l~-!:~;3.
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~I;e ..'o'10".'.;inn "r:':C tc- '"lit
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I\YFS: Counc1 -; '-'le::d)c;~~ __ __c;_~~~_~~_~a~__~e~lx~ EeE~anc1ez,
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_ r":art~_~2____Q~~~~.~ ,__ ~!:.:tj:c:~::l_~l~___ __._...~,.______.._.__.__,_______ __._._._.._"
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None
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II. 13 S ::. :'i ~.
Councilman ??!:"azier
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_.__.___.. - __._.__m_._____
(it\' Clcr'k
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Tl',e f(;,"(~,qoin(,: \Ae(_;:)~llt.i.:)r
i::. !-;ereby aDD;~(,\/2(~ i), i ':"
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i\:)n\"n'/~'C: 2': tu ~':"0"rli'
~115tll .df/~~~_._.m... ~:
~/}! / Cit'/ tl,tt~)nlCV _
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 11th day of
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JUT"Y
, 1983, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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PARK CENTRE PROPERTIES
, hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" TRACT 12034"
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the 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 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 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
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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 Engineer mac' extend
the time for completion of the imnrovements hereunder. Anv such
extension may be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance of this agreement.
The Citv Engineer shall be the sole and final iudge 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 renlaced, or repair, or have
repaired, as the case may be, all pipes and monuments shO\~n on the
map which have been destroyed or damaged, and Suhdivider shall re-
place cr have renlaced, repair, or have reoaired, as the case mav be,
or oay to the owner, the entire cost of replacement or repairs, of
any and all propertv damaged or destroyed bv reason of any work done
hereunder, 'tlhether such pronerty be owned bv the United States or
any agency thereof, or the State of California, or anv agency or
political subdivision thereof, or by the City or by any pui)lic or
private corporation, or by anv nerson whomsoever, or bv any combina-
tion of such owners. Anv such re~air or renlacement shall be to the
satisfaction, and subject to the approval, of the Citv Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
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of any work to be performed within the area delineated on the mao,
a written statement signed bv Subdivider, and each nublic utility
corporatie<n involved, to the effect that Subdivider has made all
deposits legally required bv such public utilitv cornoration for
the connection of anv and all public utilities to be supplied bv
such public utility cornorGticn within the Subdivision.
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Permits:
Compliance 11ith 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 bv
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence bv Subdivider
Subdivider shall give oersonal superintendence to the work on
said imorovement, 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 Citv
Subdivider shall at all times maintain proner facilities and
orovide safe access for inspection bv City, to all Darts of the
work, and to the shons wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivi cler shan furnish
to City imrrovement security as follows:
(1) An amount equal to at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be nerformed as
sec.,rity for the faithful perfomance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the i~nrovements and acts to be oerformed 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 oerfc.nrec! oS
security for the guarantee and warranty of the work for a period of
one (1) year following the completion and acceptance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the security and in add-
ition to the face a~ount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attornevs' 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 ~unicioal Code; and
the type shall be at the option of and subiect to the anproval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
apoointive boards, commissions, officers, agents and employees, r"rrrless
from any liability for damage or clai"ls foY' damage for personal injury,
inc11lding death, as "Jell as from claims for prouerty damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or emplovees' ooerations under this agreement, whether such ooerations
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 anees to, and shall, defend City, and its
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1 apoointive boards, commissions, officers, agents and emnloyees
2 from any suits or actions at law or in eauitv for damages caused,
3 or alleged to have beer caused, bl' reason of anv oT the afcresa i d
4 operatic'ns, provided as follows:
5 a. That Citv does not, and shall not, v!aive anv rights against
6 Subdivider which it may have by reason of the aforesaid hold
7 harmless agreement, because of the acceptance by City, or the
8 deposit with Citv by Subdivider, or i'n" cf the insurance oolicies
9 described in Paragraph 12 hereof.
10 b. That the aforesaid hold harmless agreement bv Subdivider shall
11 apnly to all damages and claims for damages of every kind
12 suffered, or alleged to have been suffered, bv reason of anv
13 of the aforesaid operations referred to in this paragraoh,
14 regardless of whet:oer cr not Citv has oreoared, supolied or
15 aoproved of, nlans and/or soecifications for the subdivision,
16 or regardless of whether or nnt such insurance policies shall
17 have been determined to be applicable to any of such damages
18 or claims for damages.
19 12. Subdivider's Insurance
20 Subdivider shall not commence work under this aoreement until Subdivider
21 shall hav,: obtained all insurance reCluired under this oaragranh and
22 such insurance shall have been aooroved by Citv Attornev as to form,
23 amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
24 contractor to commence \"crk cn his contract or subcontract until all
25 similar insurance required of the contractor or subcontractor sh1J 1
26 have been so obtained and approved. All reouirements herein orovided
27 shall aODear either in the body of the insurance oolicies or as endorse-
28 ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's employees
employed at the site of imorovement, and in case anv work is
sublet, Subdivider shall renuire anv contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's emnlovees, unless such emplovees
are covered by the protection afforded bv 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
Ccmpr,nsi'tien Law, Subdivider shall orevide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise protected. Suhdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or anv COntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durina the life of this
agreement such public liability and oropertv damage insurance
as shall insure City, its elective and apoointive boards, commis-
sions, officers, agents and employees, Subdivider ard anv contra
tor or subcontractor performing work covered by this aqreement
from claims for damaqes for personal iniury, includina death,
as well as from claims for nroPErtv damaae which mav arise from
Subli~dder'~'. ot' ony contractor's or s~bcontractor's operations
hereunder, whether such opera~iors be bv Subdivider or anv
contractor or subcontractor, or bv anvone directlv or indirectly
emploved bv either Subdivider or any contractor os suhcontractor,
and the amounts of such insurance shall be as follm~s:
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(1) Pub 1 i c Li ab il i tv Ins uran ce
In an amount not :ess than $ 100.000.00 for
injuries, including, but not limited to, death, to anv
one oerson and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the pronerty of each nerson on account of anv
one occurrence.
Ir the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entitv, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cross-
HClbility endorsement, insuring on such policv Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcortractor
performina work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv with the execution
hereof, with satisfactory evidence of the insurance reouired, and
evidence that each carrier is reauired to give Citv at least ten
davs prior notice of the cancellation or reduction in coverage of
any policv during the effective neriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
bv Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Ci tv.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
work performed under thi s agreement, anv structure or nart of any
structure furni shec' and/or insta 11 ed 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 re~uirements
of this agreement or the specifications referred to herr.i~, Sub-
divider shall without del~y and without any cost to City, renair
or replace or reconstruct any defective or otherwise Ul1si\t'sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdividc:r can be rotified, City may at
its cption, make the necessarv repairs or replacements or perform
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 "oents of City in connection with
the oerformance of Subdivider's Obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and ot!:E'r servi ces ccnnected with the Citv
in regard to the subdivision.
Said fees shall be paid prior to
commenci ng any constl'ucti on.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain nrosecution of the work,
or any severable part thereof, with such diliqence as will insure
its completion within the time specified, or any extensions thero~,
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assian llent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd1\'ie:Er's insolvency, or if Sllh~jl'ic'Er, or any of Subdivider's
contractors, subcontractors, agents or emplovees, 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 bt'eac~ of this agreement, or of any pcrticn thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonllance b'l Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OVH arie: ccrr:pl ete the \'Iork and the irr;provec;ent
herein specified; provided, hO\'lever, that if the surety, 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 perf o rITI" 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 S"bdh'icEr, and Subdivider's
surety shall be 1 i ab 1 e to C itv for any excess cost or damages
occasioned City thereby; and, in such event, City, I'lithout 1 iabi-
lity for so doing, may take possession of, and utilize in co~-
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.
20. Noti ces
All notices herein required shall he in writing, and delivered
in person or sent bv registered mai 1, postage prepaid.
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Notices required to he given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices recuired to be given to Subdivider shall be addressed as follows:
PARK CENTRE PROPERTIES, 155 W. HOSPITALITY LANE, SUITE 215,
SAN BERNARDINO, CA 92408
Notices r"quired to be given surety of Subdivider shall be addressed as
foll ows.
TIU-CITY Il\nmQ'llMPl\l'T'q.. ~':l.A NnR'T'H F.T1rT.Tn .a.VF.NTrR
ONTARIO, CA 91762
Provided that any party or the surety may change such address by notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
IN HITi~ESS \.JHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
ATTEST:
/- /'y
/t1fJ/NJ'/'/2/70
City Clerk
SUBDIVIDER
Anprovec as to form:
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By:
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Manaqer
INSTRur:TI0NS
If the Subdivider is a corpcration, the agreement must be executed in
corporate name and signed bv the President or a \lice-President "r,d the
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STATE OF CALI~ORNIA. .
COUNTY OF ~an IOi'!TnardllW
0, _
July 12, 1983
,before me, the undersigned, a Notary Public in and for
Dougla~F. Golding
said State, personally appeared
ss.
personally known to me (or proved to me on the basis of satis-
factory evidence) to be the person that executed the within
instrument as~_.of the Gener~ 1 partner(s),
0' behalfoLJ'ark Centre Properties
,the partnership
therein named and acknowledged to me that the partnership
executed it.
WITNESS my hand and official seal. "j
Sig'at",e~Hr~u5cz~
OFFICIAL SEAL
ROBYN LOMBARD
NOTARY PUBLlC.CALlFORNIA
PRINCIPAL OFFICE IN
SAN BERNARDINO COUNTY
My Commission Expires May 31 1985
~-........,..... ,
(This area for official notarjal seal)
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Secretarv or ~ssistant Secretarv, 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 bv all oersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider.
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PA~K CfJ\7PE PROPERTIES
155 vi. HOSPITALITY LANE
,SUITE 1/ 215
SAN BERNARDIKO, CA. 92408
A X GLA51 0248 8/16/84
A X " " " "
A X " " " "
A X " " " " 1 ,000 ,.000
A X " " " "
A X " " " "
AL':OMn2: l i;-\i"'iiIT"(
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WCN205976
8115/84
E~CI::SS Ui,giin T'
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EVPLOfEnS"l.li"'_f.!iLIT\
A
BUILD~R~RRISK AT0801152
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8/16/84
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Cancellation: Should Jny of the above des1=(1PecJ policies be canceiled before the expil'atlon elate thereof. the Issuing corrl-
fJdny will endt?Jvc!r" to mail _ days written notice to the below named certificate holder, but failure to
mall such notice SflalllnlpOSe IlU obligation or liability of Jny kine! upon the company.
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l~j,l~l^Nr-'^lLI'E ~f,fl< 1"1 t,lFHJIIJfR
I CITY OF SAN BERNARDINO
I 300 N "D" ST.
lSAN BERNARDINO, CA. 92418
l DAn ISSUED
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tJ ed !10RI~TI~