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HomeMy WebLinkAbout1983-142 r Ii I 1 RESOLUTION NO. 83-142 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT 3 RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10432, LOCATED WEST OF STATE COLLEGE PARKWAY, NORTH OF COLLEGE AVENUE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor and Common Council find that proposed 7 Subdivision Tract No. 10432 located West of State College Parkway, 8 North of College Avenue together with the provisions for its 9 design and improvements is consistent with the General Plan of the 10 City of San Bernardino. 11 SECTION 2. The Mayor of the City of San Bernardino is 12 authorized on behalf of said City to execute an agreement with the 13 William Lyon Company and release the existing agreement with 14 McCarthy Company of Southern California for the improvements in 15 said Subdivision Tract as are required by Title 18, Municipal Code 16 of City and the California Subdivision Map Act. A copy of the 17 agreement is attached hereto as Exhibit 1 and incorporated herein 18 by reference. Said improvements are specifically described and 19 shown on Drawing No. 5544 and 5547 approved and on file in the 20 Office of the City Engineer of the City of San Bernardino. 21 SECTION 3. The Subdivider shall first execute the agreement 22 referenced in Section 2 hereof for the improvements within said 23 subdivision. The City Clerk shall certify the approval and 24 acceptance of the Mayor and Common Council as set forth in this 25 resolution. 26 I HEREBY CERTIFY that the foregoing resolution was duly 27 adopted by the Mayor and Common Council of the City of San 28 Bernardino at an adjourned regular meeting thereof, held 20 21 22 23 24 25 26 27 28 1 on the 23rd day of 2 vote, to wit: 3 AYES: Council Members May , 1983, by the following 4 Marks, Quiel, Hobbs, strickler Castaneda, Reilly, Hernandez, 5 NAYS: None 6 ABSENT: None 7 8 9 ~/?//~~t,aA// / CJ.ty Clerk ?I/"C day of The foregoing resolution is hereby 10 Mav , 1983. 11 12 13 Approved as to form: 14 ~ !r#3u,,_/~ CJ.ty torney 15 16 17 18 19 1 2 3 4 5 6 7 8 9 II 10 I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A~E.IIMI!:!.T (subdivision improvements) THIS AGREEMENT is made and entered into this o:?-j/A day of ~ , 198~ by and between the CITY OF SAN BERNARDINO v a munici~ 1 corporation, hereinafter referred to as "City", and The William Lyon Company "Subdivider". , hereinafter referred to as R E C I TAL S : -------- Subdivider has presented to City for approval a final sub- division map (hereinafter called "map") entitled" ,Tract 10432 " 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. 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 Work 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 , :)d /,{(: ...,~, C:'''~ 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 ma." 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 liabilitv 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 exten- sion. 5. Repairs and Replacements Subdivider shall replace, or have replaced, or renair, or have repaired, as the case may be, all nipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall re- pla(e 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 bv reason of any work done hereunder, whether such property 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 [JUblic or private corporation, or by anv person whomsoever, or bv any combina- tion of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utilitv Deoosits - Statement Subdivider shall file with the Citv Clerk, prior to the commencement - 3 - 1 of any work to be performed within the area delineated on the map, a written statement signed bv Subdivider, and each public utility corporation 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 2 3 4 5 6 such public utili~y corporation within the Subdivision. 7 7 . . Permits: Compliance with Law 8 Subdivider shall, at Subdivider's expense, obtain all necessarv 9 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 Ci~y Engineer on the work at all times during progress, with authority to act for Subdivider. 10 11 12 13 14 15 16 17 18 9. Inspection by City Subdivider shall at all times maintain proper facilities and 19 20 provide safe access for inspection bv City, to all parts of the 21 work, and to the shops wherein the work is in preparation. 22 10. Contract Security Concurrently with the execution hereof, Subdivider shall furnish 23 24 25 to Ci~y improvement securi~y as follows: (1) An amount equal to at least one hundred percent of the total 26 27 estimated cost of the improvement and acts to be performed as security for the faithful performance of this agreement; 28 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 . 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 securitv for the payment of all persons performing labor and furnishing mater- ials in connection with this agreement; and (3) An amount equal to at least twenty-five percent of the total est~'mated cost of the improvements and acts to be performed 2S 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 by 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 approval of the City Engineer and the City Attorney. Hold Harmless Agreement Subdivider herebv agrees to, and shall, hold Citv, its elective and appointive boards, commissions, officers, agents and employees, ~arwless from any liability for damage or claims foy' damage for personal injurv, including death, as \1ell as from claims for property damage which mav 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 indirectlv 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 apnointive boards, commissions, officers, agents and emoloyees from any suits or actions at law or in equity for damages caused, or alleged to haqe beer caused, by reason of anv of the aforesaid operations, provided as follows: a. That Citv 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 Citv by Subdivider, or eny 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, 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 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 hav10 obtained all insurance required under this paragraph and such insurance shall have been approved bY Citv Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or Sub- contractor to commence work en his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All reouirements 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 Subdivider shall maintain, during the life of this agreement, 2 3 6 Workmen's Compensation Insurance for all Subdivider's emoloyees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarlv to provide Workmen's Compensation Insurance for all 4 5 7 contractor's or subcontractor's emplovees, unless such employees 8 9 are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this agreement at 10 the site of the project is not protected under any Workmen's 11 Compp.nsvtion Law, Subdivider shall provide and shall cause each 12 contractor and subcontractor to provide, adequate insurance for 13 14 the protection of employees not otherwise protected. Subdivider shall indemnify City for anv damage resulting to it from failure of either Subdivider or any cOntractor or subcontractor to take 15 16 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 public 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 Subdivider's or' any contractor I s or subcontractor 's operati ons 26 27 hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or bv anyone directly or indirectlv employed by either Subdivider or any contractor os subcontractor, and the amounts of such insurance shall be as follows: - 7 - 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ]5 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) Public Liabilitv Insurance In an amount not ~ ess than $ 100,000 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 on account of anv one occurrence; (2) Property Damage Insurance In an amount not 1 ess than $ 50,000 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 any entity, oerson, board or commission other than those mentioned in this para- graph, such policy shall contain a standard form of cross- 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 Qeriod 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 Citv. - 8 - 1 2 3 4 5 6 7 8 9 10 ell 12 13 14 15 16 P 18 19 20 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 part of anv structure furni shec and/or installed or cons tructed, or caused to be installed or constructed bv 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, Sub- divider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsat;sfact- ory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this reauirement, or should the exigencies of the Subdivid~r can te notified, City may a its option, make the necessarv repairs or replacements or perform 21 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 i'~E'nts of City in connection with the performance 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 22 23 24 25 26 engi neering inspections and other serv1 ces connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. 18. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, 27 28 or any severable part thereof, with such diliaence 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 - 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 bankrurt, or Subdivider should make a general assiqn '!lent for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of SilbdiviC:er's insolvencv, 01' if Sllhr~ividEr, or any of Subdivider's - " contractors, subcontractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or Citv Council may serve written notice uron Subdivider and Subdivider's 'surety of breach of this agreement, or of any portion thereof, and default of Subdivider. Breach of Agreement; Performance Oil Suretv or City In the even t of any such noti ce, Subdiv i der' s suretv sha 11 have the duty to take ov.;r and comnlete the \~ork and the improvement herein specified; provided, however, that if the surety, within five days after the serving upon if of such notice of breach, does not gi ve City written noti ce of its i ntenti on to take over the performance of the contract, and does not commence performi\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 a.t 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 necessarv therefor. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - ]0 Jl 12 13 I 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 9iven to Subdivider shall be addressed as follows: Y The William Lyon Company, 9613 Arrow Highway, Suite K 5 6 7 8 9 Rancho Cucamonga, Ca. 91730 Notices required to be given surety of Subdivider shall be addressed as )(foll ows: Frank B. Hall & Co., 695 Town Center Dr., 11500, Costa Mesa, Ca. 92626 Provided t~at 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. ]4 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and vear first above written. 15 16 ATTEST: 17 18 Af?///l/l/ ~~ tity Cl erk 19 20 ~ 21 22 Approved as to form: 23 ~; )~~A c> 'J ~.,,~ C, ty A torney By: 24 25 26 27 INSTRIJCTI'lNS 28 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 - 11 - STATE OF CALIFORNIA, . San Bernardino COU NTY OF OFFICIAL SEAL JUDITH A SPICZKA NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY My comm. expires JUl 11, 1985 .. ACKNOWlEOGMENT--corp,-Pres. & Sec.~WoJcottl Form m-Rev. 3-64 i ss, ON May 3 , 19~, before me, the undersig[led, a Not!ry Public in and for the said State, personally appeared . Gary -Mechl~ng , ~nown to me to be the V~ce President, and Joyce E. Clenden~n knjlwn to me to be the Asst. Secretary of The William Lyon Company the Corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument, on behalf of the Corporation herein named, and acknowledged to me that such Corporation executed the within Instrument pursuant to its by-laws or a resolution of its board of directors, WITNESS my hand and official seal. ~ . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 ]6 ]7 ]8 ]9 20 21 22 23 24 25 26 27 28 Secretary 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 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 Subdivider. - 12 - eltar'" te - iti I r. ~ "n'~ ! r:im~ff~ ..1/ " Lp 1:;1'; ,.". Prank B. Hall & Co. of California Orange County Division p, O. Box 8050 Costa Mesa, CA 92626 #107 'iL ~ l 1'\ Fireman's Fund Insurance Company l"j :J The William Lyon Company 19 Corporate Plaza Newport Beach, CA 92660 ,', 1", It) 'IE ,~ '" C'-T!/,' !.~;,~. ;')C;'CIC'< ')f !n~,"f." -:' 'l'ra,~1 '.' - c,lnf'!' ,jor:'.JrY.C',--t ',.;i ':;;Sll :'l,:i-c-,jll.!0r<S ----- .-----------.-- -_.- ,e:::, I,S,c,,' hpl 'Vi ni"ve been ISSJPd ic the in~;urecf narno" 2')0,,' 'oino,~:! in ferce ~: r "SO,s:t ':; 'N~'"r this ceri!fiulle may be iss:.Jpc 0 "(I. ",utilil: -lie 1'1';0 'JnCe alto '.1,-,0 h',' t:"f) :JL'!~T' 'P"IT10'C-:),--:(lt.C'" s'_'!.:'i(-'[11(,;'" tni' l'('1 "",\', - - ----.-----~---[lm itsoflJablllty Tj,-Thousan ds (000) I;~\\" _ _:~~_~__ - --------- -- . ---:---t-~';;'::.:-~:_~rJ-~~\~::~~~'~~~~~ , r--.':,)',1IlU~ I I " I GENHMl LlABll llY A [~Jj i 'oj' '-- i 'j ';..,;',-.'0 f: :l)',.~ [1J. ~I"MI':, f'C, ,','11-I1l T !:::'\I< ! [!J i\.r'<D I:OII-',"SF , . ,[] UNDi:YGRCllJ~[) H,\7AR," [] PfiJiJUCTS,COMPLLTlD OF',RATIONS HAZARD []::ONl PM: T ur,L INSURIlNCF []: BI-iOAI) ,~)RM PROPEr~"1 DMJIl.G! [] 'N[:FPH...DEr-..: COr-FI-iACTORS [] PFf-isor-<r,L INJURY h':':'I':iLY;""I:.'I."Y KLA 3214902 10/1/83 PROPFRlY:)A'ilAGE :----------~ ~..~~! --.-i 500, $ 500, ! I , l-JODIL Y INJURY ANI) PROPERTY DAMAGE COMB!NED PFr~SONAL INJURY $ BOOII Y INJURY 10/1/83 ([ACH PERSON) BODilY INJURY (EACH ACCIDENT) PROPERTY DAMAGE $ BODILY INJURY AND PROPERTY DAMAGE $ 500, COMBINED BODILY INJURY AND PROPERTY DAMAGE COMBINED AUTOMOBILE LIABILITY A [] COMPRlHfNSIVE ~()WNU) ~HIREC ~ NON-OWNlO FOR~ KLA 3214902 EXCESS LIABILITY o UMBRELLA FORM o OTHER THAN UMBRELLA FORM A WORKERS' COMPENSATION and EMPLOYERS' LIABILITY OTHER 'LACHACCIIJlNT) WP 2334140 7/1/83 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES Ar.....cn "" It '70' RE: Tract #10430 & #10432 Calif. Classics Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com- pany will ef,dii-.hf,{0 mail ~ days written notice to the below named certificate holder. Y>';'IfqlWrlirl mi'7"fl'/)6J~" ;!1i~Yifi1l#"/1..6I>)'>)igNW9'Ij'1f<lJ>jlj-ty' flY;tW\ripfj1l jJpj1lr;( '!w<#l"p';;f).Y! Additional Insured Endorsement Attached NAME AND ADDRESS OF CERTIFICATE HOLDER City of San Bernardino 300 North "D" St. San Bernardino, CA 92418 May 5, 1983 DATE ISSUED: AUTHORIZED REPRESENTATIVE J. W. Searles/Nich H. Xiros /td I/F- , .. ENDORS~MENT Name of Insured The William Lyon Company Effective Date of Endorsement May 5, 1983 ADDITIONAL INSURED IT IS AGREED THAT COVERAGE AFFORDED BY THIS POLICY SHALL ALSO APPLY TO: City of San Bernardino 300 North "nil St. San Bernardino, CA 92418 AS ADDITIONAL INSURED BUT ONLY WITH RESPECT TO LEGAL LIABILITY OR CLAIMS CAUSED BY, ARISING OUT OF, OR RESULTING FROM THE OPERATIONS OF THE NAMED INSURED IN CONNECTION WITH: Tract #10430 & #10432, Calif. Classics All other terms and conditions remaining unChanged. This endorsement is attached to and hereby made a part of Policy No. KLA 3214902 of Fireman's Fund Insurance Company ENDORSEMENT # Frank B. Hall & Co. of California Orange County Division 695 Town Center Drive, Suite 500 P.O. Box 8050 Costa Mesa, California 92626 ~4~ Sea es 1ck H. X1ros Agent /td J. W.