HomeMy WebLinkAbout1986-166
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RESOLUTION NO. 86-l66
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROV ING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12949, LOCATED AT THE
NORTHERLY TERMINUS OF CENTRAL AVENUE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNC IL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECT ION 1:
The Mayor and Common Counci 1 fi nd tha t
8 proposed Subdivision Tract No. 12949, located at the northerly
9 terminus of Central Avenue, together with the provisions for
10 its design and improvements is consistent with the General Plan
11 of the City of San Bernardino.
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SECTION 2:
The Mayor of the City of San Bernardino
13 is authorized on behalf of said City to execute the standard
14 form of agreement adopted by Resolution No. 84-8 with Amber
15 Hills Inc., a California Corporation, for the improvements in
16 said subdivision tract as are required by Title 18 of the San
17 Bernardino Municipal Code and the California Subdivision Map
18 Act. The time for performance is specified at 24 months. Said
19 improvements are specifically described and shown on Drawings
20 approved and on file in the Office of the City Engineer of the
21 Ci ty of San Bernardino.
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SECTION 3: The Final Map of said subdivision tract is
23 hereby approved and the Ci ty of San Bernardi no hereby accepts
24 as public property all dedications within the subdivision as
25 shown on said Final Map for streets, alleys, (inclUding access
26 rights), drainage and other public easements. As a condition
27 precedent to approval of the Final Map, the Subdivider shall
28 first execute the agreement referenced in Section 2 hereof for
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the improvements within said subdivision. The City Clerk shall
certify the approval and acceptance of the Mayor and Common
Council as set forth in this resolution.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a rF'llnl"T meeting thereof. held on the
5th day of M"y . 1986. by the following vote.
to-wi t:
Council Members
AYES:
Estrada. Hernandez M~rk~
NAYS:
ABSENT:
Quiel, Frazier. Strickler
None
Council Member Reillv
/~~~
The foregoing resolution is hereby approved this ~t~/
May . 1986.
day of
Bernardino
Approved as to form:
2
r1C//I1f'T IIAP
PROPOSED
SITE
TRACT 12949
HIGHLAND AVENUE
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lt~'./i~?
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this /..:5c0 day of
~ . "at. by .,d ..,.." tho CITY OF 'A' "'KA'OI'O
a municip 1 corporation, hereinafter referred to as "City", and
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AMBER HILLS INC.
, hereinafter referred to as'
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"Subdivider".
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 No. 12949
"
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 perfOl1nlanCe 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'~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 Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within
24 Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the Citv Engineer mav extend
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the time for completion of the improvements hereunder. Any such
extension mav be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance pf 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 renair, or have
repaired, as the case may be, all Dipes 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 propertv damaged or destroyed bv reason of any work done
hereunder, whether such propertv be owned by 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 anv public or
private corporation, or by anv person whomsoever, or by 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. Uti] 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 bv
such public utili~y corporation within the Subdivision.
:. Permits: Compliance ,~ith Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reouired bv
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipal 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 authoritv to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City, to all parts of the
work, and to the shops wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security as follows:
(I) An amount Equal to at least one hundred percent of the total
estimated cost of the improvement 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 perforrr,ed 25
security for the guarantee and warrantv 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 bv the securitv 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 bv 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 io Title
18 San Bernardino ~unici~al Code; and
the type shall be at the option of and subject to the aporoval 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, ~arwless
from any liability for damage or clair:ls for' damage for personal injurv,
including death, as ..,ell as from claims for pro!Jert~' damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such ooerations
be bv Subdivider or bv any of Subdivider's contractors, subcontractors,
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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 a~rees to, and shall, defend Citv, and its
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apnointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eouity for damages caused,
or alleged to have beep caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not,- ~Iaive 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, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not City has orepared, supplied or
approved of, plans and/or specifications for the subdivision,
or regardless of whether or not such insuran&e 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 Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence ~~rk en 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 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,
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 anv contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emolovees, unless such emolovees
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
Ccmpr:ns~ticn Law, Subdivider shall provide and shall cause each
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
out or maintain such insurance.
b. Public L iablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such pUblic liability and oroperty damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider <<rod anv contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including rleatt"
as well as from claims for nroperty damage which may arise from
SUblli\'ider'~ 01' any contractor's or subcontractor's operations
hereunder, whether 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 such insurance shall be as follows:
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(1) Public Liabilitv Insurance
In an amount not ~€ss than $ 100.000.00 for
injuries, including, but not limited to, death, to anv
one person and, subject to the sanre limit for each
person, in an amount not less than $300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $50,000.00 for
damage to the property cf each person on account of anv
one occurrenc.e.
Ir. the event that any of the aforesaid insurance policies
prOvided for in this Paragraph 12 insures any entitv, oerson,
board or commission other than those mentioned in this para-
graph, such policv 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 sub cor-tractor
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 re~uired, 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 policv during the effective ryeriod 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, anv structure or nart of anv
struct'lre furni 5hec' ~.nd/or i nsta 1: ed or cons tructed, or caused
to be installed or constructed by Subdivider, or anv 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 reQuirement, or
should the exigencies of the Subdivid(:r car. ~e notified, City may a
its option, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ':(Jf>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
engi neering inspections and ot!!er 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 diligence as will insure
its completion within the time specified, or any extensions thp.ro~
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 assion '!lent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
SilbdiviC:er's insolvency, 01' if Sllb<~ivicEr, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agl'eement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivicer's
'surety of breach of thi s ag reemen t, or of any pcrti on thereof,
and default of Subdivider,
Breach of Agreement; Perfonnance OV Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov,;r and comrlete the work and the improvcr.1ent
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perfor11l~nc(
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 deer.1 advisable, for
the account and Cl.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, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary 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 Citv shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices reouired to be given to Subdivider shall be addressed as follm~s:
AMBER HILLS. INC.
1881 Business Center Dr. U8E San Bernardino. CA 92408
Notices required to be given surety of Subdivider shall be addressed as
follows: IJ /7&'1'(.4"" IVJI'.}.J.f~~/jt.. 1J1Oi-"1r.
~~J- N. ',. Kr S.D c.~- 7:;.l(D]
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the d~y and year first above written.
ATTEST:
C~F SAN BERNAROINO
By: ~~4 Jr!t /~
Mayor \,
~M,
City C er
SUBOIVlnE~
Approved as to form:
~/1>.b-..
y:~~ {~4d/
City Attorney
INSTRIJCTII)NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President a~d the
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STATE OF CALIFORNIA,
COUNTY OF
San Bernardino
a (OfFICIAL SEAL)
LAUREL HUNT
NOTARY PUBLIC. CALIFORNIA
. h. SAN BERNARDINO COUNTY
My Commission Expires April 22. 1988
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ON
before me,
April 28. . 19~
the undersigned, a Notary Public in and for said State, personally appeared
.Tnrn;::m ~rinker and Lawrence D. LansinlZ
known to me to be the
of the PriP~; nEmt" ~nrl ~p..c.ret:ary
the Corporation that executed the within Instrument, known to me to be the person who
executed the within Instrument, on behalf of the Corporation, therein named, and acknowledged
to me that such Corporation executed the same.
WITNESS my hand and official seal.
d.JIINId,hA+-
otary Public in and for said State.
,CMOWLEDGMENT-Corporation-Wolcotts Form 222-Rev. 3-64
._~-...--..-._~~
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1 Secretary or ~ssistant Secretarv. and the corporate seal affixed. If the
2 Subdivider is a partnership. it must be signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name. it must
4 be signed by all nersons 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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