HomeMy WebLinkAbout1986-155
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RESOLUTION NO. 86-155
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
ARCEL MAP FOR SUBDIVISION PARCEL MAP 9521, LOCATED ON THE NORTH-
EST CORNER OF 40TH STREET AND SIERRA WAY, ACCEPTING THE PUBLIC
EDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF
HE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB-
IVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor and Common Council find that
8 roposed Subdivision Parcel Map No. 9521, located on the northwest
9 orner of 40th Street and Sierra Way, together with the provisions
10 for its design and improvements 1s cons1stent w1th the General Plan
11 f the City of San Bernardino.
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SECTION 2.
The Mayor of the City of San Bernardino is
13 authorized on behalf of said City to execute the standard form of
14 agreement adopted by Resolution No. 84-8 with the subdividers for
15 he improvements in sa1d Subdivision Parcel as are required by
16 itle 18 of the San Bernardino Municipal Code and the California
17 Subdivision Map Act. The time for performance is specified at 24
18 onths.
Said improvements are specifically descr1bed and shown on
19 he drawing on file in the Office of the C1ty Eng1neer of the City
20 of San Bernard1no.
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SECTION 3.
The Final Map of said Subd1vision Parcel is
22 hereby approved and the City of San Bernardino hereby accepts as
23 public property all ded1cations with1n the Subdivision as shown on
24 said Parcel Map for street, alleys, (including access rights),
25 drainage and other pub11c easements.
As a condition precedent to
26 approval of the Parcel Map, the Sub-divider shall first execute the
27 agreement referenced in Section 2 hereof for the 1mprovements
28 1th1n sa1d Subd1v1sion. The City Clerk shall cert1fy the approval
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1 and acceptance of the Mayor and Common Council as set forth in this
2 resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
5 Bernardino at a
6 the 21st day of
7 wit:
"t""9gulilr
meeting thereof. held on
. 1986. by the following vote. to
April
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AYES:
Councilmen Estrada. Reillv. Hernandez.
Marks. Ouiel. Frazier. Strickle~___
NAYS: None
ABSENT: None
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City Clerk
The foregoing resolution is hereby approved this
April . 1986.
f, ;:4-2(t~
'Mayor 0 the City of . an Bernardino
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20l\pproved as to form:
21 I~/""L)~d"
22 "7
ity Attorney
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V0- /s-s
A G R E E MEN T
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(subdivision improvements)
is made and entered into this d.~ day of
19B~, by and between the'CITY OF SAN BERNARDINO
corporation, hereinafter referred to as "City", and
Sierra Gateway, a California
General Partnership , hereinafter referred to as
"Subdivider".
E.IflTA.!:.i:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
Parcel Map # 9521
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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 .1 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~hout) 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 COlllllE!ncement 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 City En~ineer ma," extend
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the time for completion of the improvements hereunder. Any such
extension m~v 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 oerformance of this agreement.
The Citv Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pla~e cr rave replaced, repair, or have repaired, as the case mav be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all 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 any agency or
political subdivision thereof, or bv the City or by any public 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. Util itv 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 man,
a written statement signed bv Subdivider, and each public utility
corporati~n 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
such pUblic utility corporation within the Subdivision.
-;. Permits: Compliance Nith Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessarv notices and pav 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 by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactorv to the Citv Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by Citv
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all Darts of the
work, and to the shoos wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security as follows:
(1) An amount ~r:ual to at least one hundred oercent of the total
estimated cost of the imDrovement and acts to be performed as
sec~rity for'the faithful performance of this agreement;
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(2) An amount equal to at least fiftv 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 eoual to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be oerforTl1E'c! 2S
security for the guarantee and warrantv 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 bv the security and in add-
ition to the face amount of the securitv, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by City in successfullv 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 Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, rRrwless
from any liability for damage or clair:ls foy' damage for personal injury,
including death, as l~ell as from claims for prolJertv damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or empl~vees' operations 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 acree~ to, and shall, defend City. and its
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appointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eQuitv for damages caused,
or alleged to have beep caused, by reason of any of the aforesaid
operations, provided as follows:
a. That Cit,v does not, and shall not, waive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Citv by Subdivider, or eny of the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or' not Citv has prepared, supplied or
approved of, clans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav~ obtained all insurance reQuired under this paragraph and
such insurance shall have been approved bY City Attorney as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to conrnence ~lcrk cn hi s contract or subcontract until a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reauirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specificallY bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, durin9 the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emoloveps, unless such emoloyees
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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
the site of the project is not protected under any Workmen's
Ccmpp.nsction Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide. adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify Citv for any 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 L iablity 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 apoointive boards, commis-
sions, officers, agents and employees, Subdivider and any contra(
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tor or subcontractor performing work covered by this agreement
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from claims for damages for personal iniury, including death.
as well as from claims for oroperty dama~e which may arise from
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Subl1ivider's or' any contractor's or subcontractor's operations
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bereunder, wbether such operatior.s be by Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
and the amounts of sucb insurance shall be as follows:
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(I) Public Liabilitv Insurance
In an amount not ~€ss than $ 100.000.00
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the san~ limit for each
person, in an amount not less than $300,000.00
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not 1 ess than $<'10.000.00
for
damage to the property cf each person on account of anv
one occurrence.
In 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 policv shall contain a standard form of cross-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcortractor
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 Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any poli~v 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 City.
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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 this agreement, any structure or part of any
structllre furni shec and/or ins ta 1 ~ ed or cons tructed, or c~used
to be installed or constructed by 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 Subdividc;r car. ~e notified, City may a
its epticn, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall Dav 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 ~~pnts 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
engi neering inspections and other servi 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,
or any severable part thereof, with such diliaence as will insure
its completion within the time specified, or any extensions th/;ro"
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankru[1t, or Subdivider
should make a general assi"n '!lent for the benefit of Subdivider's
creditors, or if a receiver should be ap[1ointed in the event of
Subdi\'iC:er's insolvency, or if S\lbc~i\'icer, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve written notice U[1on Subdivider and Subdivicer's
'surety of b reach of thi s agreemen t, or of any port i on thereof,
and default of Subdivider.
19 Breach of Agreement; Performance 11'1 Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take oVe.:r anc cornrl ete (he \10rk and the improvement
herein specified; provided, however, that if the surety, within
five days after the serving uron if of such notice of breach,
does not give City written noti ce of its intention to take over
the performance of the contract, and does not commence perf o nTl1\ ncc
thereof within five days after notice to City of such election,
City may take over the work and prosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of Subdivider, and Subdivider's
surety shall be liable to City 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, apnliances, 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 be in writing, and delivered
1n person or sent by registered mail, postage prepaid.
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Notices required to be given to Citv shall 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:
Sierra Gateway
14964 Ventura Blvd., Sherman Oaks, Ca.
91403
Notices required to be given surety of Subdivider shall be addressed as
8 follows: Sierra Gateway
9 14964 Ventura Blvd.. Sherman Oaks. Ca. 91401
10 Provided that any party or the surety may change such address bv notice in
11 writing to the other party and thereafter notices shall be addressed and
12 transmitted to the new address.
13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14 the day and year first above written.
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ATTEST:
By:
~~M
Uty C erk
SIJBOIVlnER
Approved as to form:
Citv Attorney
INSTRUCTIIJNS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a \lice-President ar,d the
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1 Notices required to be given to Citv shall be addressed as follows:
2 City Administrator. City Hall, 300 North "0" Street, San Bernardino,
3 Cal ifomia 92418.
4 Notices reouired to be given to Subdivider shall be addressed as follows:
5 Sierra Gateway
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14964 Ventura Blvd., Sherman Oaks, Ca.
91403
7 Notices required to be given surety of Subdivider shall be addressed as
8 follows: Sierra Gateway
9 14964 Ventura Blvd.. Sherman Oaks. Ca. 91401
10 Provided t~at any party or the surety may change such address bv notice in
11 writing to the other party and thereafter notices shall be addressed and
12 transmitted to the new address.
13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14 the d~y and year first above written.
ATTEST:
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15 SAN BERNARIHNO
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By:
Mayor
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STATE OF CALIFORNIA
COUNTY OF
o
I before me, the u
, ~r.
personally known to me (or proved to me on the basis of satis.
factory evidence) to be the person that executed the within
instrument 8-' c.;ell/Eie/lL partnerts),
on behalf of SJE/M!A G~"IJ1/
,
e OPI'ICIAL SEAL
1MtOOOftA. H. IUDNICK
c=~~ u.tlfomla
LOI COUN1Y
III' CrImm. Exp. Mot. 23, 1988
,
the partnership
therein named and acknowledged to me that the partnership
executed it.
WITNESS my hand and official seal; d I, ~
Signature ~-,r'(
(.:;.>
(This area tor official notarial seal)
;xecuted in
It ar.d the
we-corpora1;mn"" ~..-
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be si~ned bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all Dersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdivider.
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