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HomeMy WebLinkAbout1983-250 1 RESOLUTION NO. 83-250 2 RESOLUTION OF 'l'BE CITY OF SAN BE'RNMlDINO AUTHORIZING EXECUTION OF PARCEL MAP AGREEMENT WITH BARTON PROPE~XES, A 3 LIMITED PARTNERSHIP, FOR PARCEL MAP 6982 RELATING TO 'l'BE IMPROVEMENTS IN SAID SUBDIVISION. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. Parcel Map No. 6982, relatin9 to a division of 7 certain land located on the northside of 40th Street between 8 Newmark Avenue and Acre Lane, is currently being processed by the 9 City Engineer of the City of San Bernardino, pursuant to Title 18 10 of the San Bernardino Municipal Code and the Subdivision Map Act. 11 SECTION 2. The Mayor of the City of San Bernardino is 12 authorized on behalf of the City to execute an agreement with 13 BARTON PROPERTIES, a Limited Partnership, for the improvements 14 required by Parcel Map 6982, Title 18 of the San Bernardino 15 Municipal Code and the Subdivision Map Act, in form approved by 16 the City Attorney. The required improvements are specifically 17 described and shown on Drawing No. 6109 being processed by the 18 Office of the City Engineer of the City of San Bernardino. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the City of San 21 Bernardino at a regular meeting thereof, held 22 on the 1st day of August , 1983, by the following 23 vote, to wit: 24 25 26 27 28 AYES: Council Members Castaneda, neilly, Hernandez, Narks, Quiel, Fraz.' er, ~trickler NAYS: None ABSENT: None #ff~~ /' lty r i'J- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I! I I 24 " i I' 25 j~ @ ~~ 26 I~ I~ i~ i:' 27 t 1:( i'1 28 j" :" Ii 'Ii II ,I IIOf I I , j I IApproved as to form: I I~~~~ C1ty A torney The foregoing resolution is hereby approved this Auqust , 1983. -2- .sd day an Bernardino ;i !. }. 2 ~~.!H.~M~!!I (Parcel Map Improvements) 3 5 THIS AGREEMENT is made and entered into this ~~ day of ;J~"At: , 1982!, by and between the CITY OF SAN BERNARDINO a municipal corporation, hereinafter referred to as "City," and 4 6 7 Barton Properties , hereinafter referred to as "Subdivider." 8 R ~ f.l I A !:.. i: 9 10 Subdivider has presented to the City Engineer for approval 11 Parcel Hap No. 6982 (hereinafter called "map") Pursuant to con- 12 ditions of approval for Pa~el Map:No; ':,&982 13 17 The map is hereby referred to and incorporated herein. S'l.bdivider has requested approval of the map prior to the con- struction and completion of improvements, incl~ding all streets highways or public ways and public utility facilities which are a ., 14, 15 16 18 , part of. or appurtenant to, the parcel map (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. The Subdivider must first enter into and execute this agreement with City before the City Engineer approves the map and accepts the dedications therein offered. 19 20 21 22 23 24 25 26 27 28 --,:...""--- ., , , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14- 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 , Thi, 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 sai d 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 whi ch are nO~1 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 _thtn 24 months fr.om the date hereof. t. 'rime of Ess<<lP~e - Extension ~ime is of the essence of this agreement: provided, tha in the event,qad ca~se is shown therefor, the City Engineer may extend the time for ~letion of the improvements hereunder. Any suo~on may be granted withoqt notioe'to the Subdivider's surety, and extensions 80 granted shall not relieve the surety's liability on the bond to secure the faithful perfor~~ of this agreement. The City Engineer shall be ~b.e s,!le and final judge as to whether or not qood cau!!e has bee shown to entitle Subdivider to an e~tension. 5. Repairs and Re~lacemehts Subdivider shall replace, or have replaced, or repair, or have repai~ed, 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 re- placed, 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 hereunder, whether such property b. owned by the United States or any agency thereof, or the State of California, or any agency or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever I or by lIJlY combination of such owners. Any. such repair or replacement shall be to the satisfaction -3- "4 .," -. V'l 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ., 19 20 21 22 23 24 2S 26 27 28 and subject to the approval. of thp. City Engineer. 6. 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 corporation in- volved, to the effect that. Subdivider has made all deposits legally required by suth public utility corporation for the connection of any and all public utilities to be supplied by such public utility ,corporation with in the subdivision. . 7. Permits: Compliance with Law Subdivider shall, at Subdivider's expense, obtain all necessary permits and )icenses for the 'construction of such 'improvements, give all necessary notices and pay all fees and taxes requi red by 1 aw. Subdivi der shall comply with all provisions of the Subdivision 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 authority to act for Subdivider. 9. Inspection by City Subdivider shall at all times maintain proper facilities and provide safe access for inspection by ~ity, to all parts of the work, and to the shops wherein the work -4- ~ , 1 2 3 4 S 6. 7 8 9 .10 11 .12 13 14 IS 16 17 18 .; 19 20 21 22 23 24 .25 26 2T 28 is in preparation. 10. Contract Security Concurrently with the execution hereof. Subdivider shall furnish to City improvement security as follows: (1) An amount equal to at lease one hundred percent of the total estimated cost of the improvements and acts to be performed as security fOr the faithful performance of this agreement; (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 materials in connection with this agreement; and (3) 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 arid warranty of the work for a peri od of one (1) year following the completion and acceptance thereof against . any defective work or labor done. or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security. there shall be included costs-and reasonable expenses and fees. including reasonable attorneys' fees incurred by City in successfully enforcing the obl igation 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. -5- 'f <'. 1 2 3' 4 S 6 7 8 9 10 11 12 13 . 14 IS 16 17 18 '~ , ~ 21 ~ '~ ~ ~ 26 27 U and the type shall be at the option of and subjec to the approval of the City Engineer and the City Attorney. 11. Hold Harmless Agreement 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, inclu ding death, as well as ~rom claims for property damage which may arise from Subdivider's or Subdivider's con- 'tractors', subcontractors', 'agents' or employees' operations under this agreement, whether such operatio $ be ,by SUbdivider or by any of Subdivider's contractors subcontractors, or by anyone or more persons directly or indirectly ~plo~edby, or acting as agent for, Subdivider or any of subdivider's contractors or subco _ tractors. Subdivider agrees to, and shall, defend City, and its elective and appointive boards, commissi n . officers, agents and employees from any suits or actio 5 at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: a. That City does not, and shall not, waive any right against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of of the acceptance by City, or the deposit with Cit by Subdivider, of 'any of the insurance policies described in Paragraph 12 hereof. -6- , ; \ 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 12. . . b. That the aforesaid hold ha~less agreement by Sub- divider shall aplly to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the afore- said operations referred to in this paragraph, re- gardless of whether or.not City has prepared, supplied or approved of, plans and/or specification for the subdivision, or regardless of whether or not such insurance policies shall have been deter- mined to be applicable to any of such damages or claims for damages. Subdivider's Insurance Su~vider shall not c~nce work under this agreement until Subdivider shall have oqtained 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 appear either in the body of the insurance policies or as endorsements and shall specifically bind the insur- ance carrier. a. Compensation Insurance Subdivider shall maintain, during the life of this " agreement, Workmen's Compensation Insurance for all Subdivider's employees employed at.thesite of im- -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 2S 26 27 .~ provement, and in case any work is sublet, Subdivid shall require any contractor or subcontractor similarly to provide Workmen's Compensation Insuran for all contractor's or subcontractor's employees, unless such employees are covered by the.protection afforded by Subdivider. In case any class of em- ployees engaged in work under this agreement at the! site of the project. is not protected under any Workmen's Compensation law, Subdivider shall provid' and shall cause eaoh contractor and subcontractor ~' .1 P :Dvide, adequate insurance for the protection of employees not otherwise protected. Subdivider shal~ indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insuranc~. b. Public Liability and Property Damage Insurance i. Subdivider shall take out and maintain during the l~ of this agreement such public liability and'propert~ damage insurance as shall insure City, its elective' and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or sub- contractor performing work covered by this agreement! from claims for damages for personal injury, inclu- ding 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 -8- fro 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 or indirectly employed by eit.her Subdivider or allY cont.ract.or or subcontractor, and the amounts of Hue insuranCe shall be as follows: (1) Public Liability Insuran~e In an amount not less than $ 100,,000 _00 ,""fol: injuries, including, but not limited to, death to anyone person and, subject to the same limit for each person, in an amount not less than $ 30~0, 000.00 on account of anyone occurrence~ . (2) Property D~aqeInsurance In an aIlIOunt not less than $ 50,000.00 , for damage to the'p~erty of each person on acco of anyone occurrence. 'In ~he event that any of the aforesaid insurance pol~cie. provided for in this Paragraph 12 insures any ent.ity, person, board or commission other than those mentioned in this paragraph, such policy ahal contain a st.andard form of cross-liability endorse- ment, insuring on such policy City, its electi~o and appointive boards, commissions, officers, agent and employees, Subdivider and any contractor or sub contractor performing work covered by this agreemen 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 -9- ':'>"1 ~ f" 4 '.:~ \ of the cancellation or reduction in coverage of any policy during the effective period of this agreemeilt.. l~. 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. 15. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the work performed under this agreement, any structij or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed Subdivider, or any of the work done under this agreerden , fails to fulfill any of the requirements of this agnee- men1;- or the specifications referred to herein, Subdivide shall without delay and without any cost to city, r~pai or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structur~. Should Subdivider fail to act promptly or in accordanc with this requirement, or should the exigencies of the Subdivider 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 th actual cost of such repairs plus fifteen percent (15%) 16. SUbdivider Not Agent of City Neither Subdvider nor any of Subdivider's agents or con tractors are or shall be considered to be agents of Ci in connection with the.performance of Subdivider's obl -10- t<lI 1 2 3 4 5 6 7 8 9 10 .n 12 .13 14 15 16 n 18 19 .; 20 21 22 23 24 2S 26 27 28 gations under this agreement. 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit tees 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 con- struction. 18; Notice of .Breach and Default If Subdivider refuses or fails to obtain prosecution of . the work, 0 r any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtai . completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, 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 i Subdivider, or any of Subdivider's contractors, subcon- tractors, agents or employees, should violate any of th provisions of this agreement, City Engineer or City I Council may serve written notice upon Subdivider and su I_ I divider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement: Performance by Surety or City In the event of any such notice, Subdivider's surety sha11 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 -11- elf upon it of such notice of breach, does not give City written notice of its intention to take over the perfor- . Mance of the contract, and does not commence perform~nCE thereof within five days after notice to City of such election, City may take over the w~rk and prosecute th~ 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 occasione< City thereby; and, in such event, City, without liabili J for so doing, may take possession of, and utilize in completing 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. Notices All notices herein required shall be in writing, and de livered in person or sent by registered mail, postage prepaid. , No~ices required to be given to City~hall be addressed as follows: City Administrator, City Hall, 300 North "0" Street, San Bernardino, California 92418. Notices required to be given to Subdivider shall be addressed as follows : Barton Properties 20511 Callieburn Circle, Huntington Beach, Ca. Notices required to be given surety of Subdivider shall be addressed as follows: Al Barker Bpnds, P.O. Box 57903, I n~ Ji;"g"l..~~:~A.. ',9005/';0903,. Provided that any party or the surety may change such -12- L"i ..; . ~ 1 2 3 4. address by 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 th~s on the day and year first aboVe written. By . CITY OF SAN 10 ~1 SUBDIVIDER 13 1 IS 16 o I as to fc>rm: , . . I ,17 1 1 'i INSTRUCTIONS f: t, ; r '. If the Subdivider is a corporation, the agreement must be , e-president and the Secretary or Assistant Secretary, an"- L.'l~ ~ uted in the corporate name and signed by the President or d ~ , affixed. If the subdivider is a partnership, it u t be signed by all partners. If the Subdivider is an. indiv:.-dual ng business under a fictitious name, it must be signed by all sons having an interest in the business, and the fictitious . ,. " signed also. The agreement must be notarized)by che --/ ivider. { , -13- ~l ij 'D. :;: i i Q. -E i ~ ~ COUNTY OF } 55. OnthiS~ayof 19.h :J)I{jJ{-n~n and for said County and State, personally appeared " '" . - - - -- undersigned, I ~ )~~}iLn.- - (or proved to me on the basis of satisfactory evidence) [ ,:-n e partners of the partnership OFFICIAL SEAL that executed the within instrument, and acknowledged to me that . CHARLENE TRULLINGER . NOTARY PUBLIC - CALIFORNIA such partnership executed the same. ORANGE COUNTY W ESS my hand and official seal. My Commission Expires June 13, 1985 (This area for offjcial seal) - .. " ." "> '6 .E . tt-Y 'E .. ,..- .._11" b.._.... U ~ basis of satisfactory avldanca) to ba th~rson _ whose nama I-S 11 Instrumant and acknowladgad that aL a.acutad tha sama. ! WITNESS my hand and official saal. c ,. .. <( ~ 55. nad. a Notary Public In and for said (or provad to me on the subscribed to the within . . FIC1AL . CHA!\\.EtIlE 1lIULLINGER . NOTAIJ,' PUSUC. CAlIFORNIA ORANGE COUNTY My COm!:'";H::)!'l ElCPifet June 13,1985 \ (This are. for official notarial Hal)