HomeMy WebLinkAbout1983-142
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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.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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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.
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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.
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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
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Bernardino at an adjourned regular
meeting thereof, held
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on the 23rd
day of
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AYES:
Council Members
May
, 1983, by the following
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Marks, Quiel, Hobbs, strickler
Castaneda, Reilly, Hernandez,
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NAYS:
None
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ABSENT:
None
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~/?//~~t,aA//
/ CJ.ty Clerk
?I/"C day
of
The foregoing resolution is hereby
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Mav
, 1983.
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Approved as to form:
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~ !r#3u,,_/~
CJ.ty torney
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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 :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" ,Tract 10432
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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 .\ 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
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work to be within
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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
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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
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such public utili~y corporation within the Subdivision.
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Permits:
Compliance with Law
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Subdivider shall, at Subdivider's expense, obtain all necessarv
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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.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection bv City, to all parts of the
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work, and to the shops wherein the work is in preparation.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
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to Ci~y improvement securi~y as follows:
(1) An amount equal to at least one hundred percent of the total
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estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
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(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
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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.
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a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
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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
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contractor's or subcontractor's emplovees, unless such employees
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are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this agreement at
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the site of the project is not protected under any Workmen's
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Compp.nsvtion Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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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
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out or maintain such insurance.
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b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and property damage insurance
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as shall insure City, its elective and appointive boards, commis-
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sions, officers, agents and employees, Subdivider ar.d anv contrac
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tor or subcontractor performing work covered by this agreement
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from claims for damages for personal iniurv, including death,
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as well as from claims for property damage which may arise from
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Subdivider's or' any contractor I s or subcontractor 's operati ons
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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:
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(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.
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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 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
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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
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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,
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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
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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
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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.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reauired to be 9iven to Subdivider shall be addressed as follows:
Y The William Lyon Company, 9613 Arrow Highway, Suite K
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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.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and vear first above written.
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ATTEST:
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Af?///l/l/ ~~
tity Cl erk
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Approved as to form:
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~; )~~A c>
'J ~.,,~
C, ty A torney
By:
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INSTRIJCTI'lNS
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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
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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.
~
.
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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.
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Prank B. Hall & Co. of California
Orange County Division
p, O. Box 8050
Costa Mesa, CA 92626
#107
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Fireman's Fund Insurance Company
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The William Lyon Company
19 Corporate Plaza
Newport Beach, CA 92660
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[] PfiJiJUCTS,COMPLLTlD
OF',RATIONS HAZARD
[]::ONl PM: T ur,L INSURIlNCF
[]: BI-iOAI) ,~)RM PROPEr~"1
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[] PFf-isor-<r,L INJURY
h':':'I':iLY;""I:.'I."Y
KLA 3214902
10/1/83
PROPFRlY:)A'ilAGE
:----------~
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500, $ 500, !
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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
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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.