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CITY OF SAN BERNAi\DINO - REQU.!ST TpdlllcOUNCIL ACTION
From: ROGER G. HARDGRAVE
Dept: Public Works/Engineering
Date: 8-16-90
Subject:
Approval of Final Map for Tract
No. 14118 -- West Side of
Pennsylvania Avenue, Approxi-
mately 700 feet North of Mill
Street.
Synopsis of Previous Council action:
None.
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Recommended motion:
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Adopt resolution.
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cc: Shauna Edwins
Jim Penman
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Slg atur
Contact person:
Youn H. Kim
Staff Report, Map
& REsolution
Phone:
Supporting date attached:
Ward:
5027
3
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.!
(Acct. DescriPtion)
Finance:
Council Notes:
75.0262
Agenda Item No ~ ~
CR'Y OF SAN BERNACbINO - REQUEST FOI;)COUNCIL ACTION
STAFF REPORT
Tentative Tract No. 14118 was approved by the Planning
Commission on August 22, 1989.
Tract No. 14118 is a 45-1ot Single Family Residential
subdivision. The required improvement securities and
certificates of insurance have been filed with this office, and
the prescribed fees have been paid. Also, the improvement and
grading plans have been prepared and are ready for approval.
The Final Map has been reviewed and found to be sub-
stantially in compliance with the Tentative Map and the
Subdivision Map Act. Therefore, we recommend that the Final Map
be approved.
8-16-90
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14118, LOCATED ON THE WEST
SIDE OF PENNSYLVANIA AVENUE, APPROXIMATELY 700 FEET NORTH OF MILL
STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT
WITH AMENDMENTS FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH
TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1: The Mayor and Common Council find that
9 proposed Subdivision Tract No. 14118, located on the West side of
10 Pennsylvania Avenue, approximately 700 feet north of Mill Street,
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together with the provisions for its design and improvements is
consistent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the standard form of
agreement adopted by Resolution No. 84-8 with Pennsylvania Avenue
Partners, Ior the improvements in said subdivision tract as are
required by Title 18 of the San Bernardino Municipal Code and the
California Subdivision Map Act.
Section 12(b) (1) of said
Agreement is hereby amended to require public liability insurance
in an amount of not less than One Million Dollars ($1,000,000.00)
per person and One Million Dollars
($1,000,000.00)
per
occurrence.
Section 12 (b) (2) of said Agreement is amended to
require property damage insurance in an amount of not less than
One-Hundred Thousand Dollars ($100,000.00) per occurrence. The
time for performance is specified at 24 months.
Said
improvements are specifically described and shown on Drawings
approved and on file in the Office of the City Engineer of the
City of San Bernardino.
8/16/90
YHK:rs
RESO:
APPROVAjI,.. OF
14118 V
FINAL MAP FOR SUBDIVt:jON TRACT NO.
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SECTION 3:
Section 11 of said Agreement is amended to
read as follows:
"Hold Harmless Agreement
Subdi vider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers, agents and
employees harmless from any liability for damage or claims for
damage for personal injury, including death, as well as from
claims for property damage which may 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 anyone or more persons directly or indirectly employed by,
or acting as agent for Subdivider or any of Subdivider's
contractors or subcontractors..."
SECTION 4.
Section 15 of said Agreement is amended to
read as follows:
"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 structure finished and/or installed or constructed, or caused
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, Subdivider shall without delay and without any cost to
City, repair or replace or reconstruct any defective or otherwise
unsatisfactory 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 situation as
8/16/90 - 2 -
RESO:
APPROV5 THE FINAL MAP FOR SUBDOSION TRACT NO. 14118
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determined by the City in the exercise of its sole discretion
require repair, replacement or reconstruction before the
Subdivider can be notified, City may at its option, make the
necessary repairs or replacements or perform the necessary work,
and Subdivider shall pay to City the actual cost of such repairs
plus fifteen percent (15%)."
SECTION 5. Section 20 of said Agreement is amended by
adding the following:
"SUCCESSORS BOUND
This agreement shall be binding upon and inure to the
benefit of each of the parties and their respective legal
representatives, successors, heirs and assigns."
SECTION 6. The Final Map of said subdivision tract is
hereby approved and the City of San Bernardino hereby accepts as
public property all dedications within the subdivision as shown
on said Final Map for streets, alleys, (including access rights),
drainage and other public easements. As a condition pre cent to
approval of the Final Map, the Subdivider shall first execute the
agreement referenced in Sections 2, 3, 4 and 5 hereof for 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.
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8/16/90
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RESO:
APPROVI~ THE FINAL MAP FOR SUBDIVl:)ON TRACT 14118
SECTION 7.
The authorization to execute the above-
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referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of 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
meeting thereof, held on the
day of
, 1990, by the following vote, to-
wit:
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Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
, 1990.
Approved as to form
and legal content:
w.
City
R. Holcomb, Mayor
of San Bernardino
James F. Penman
City Attorney
By ~~ TI'~~
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8/16/90
8/16/90
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