HomeMy WebLinkAbout1987-141
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RESOLUTION NO. 87-141
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROV ING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12955, LOCATED SOUTH OF
KENDALL DRIVE, APPROXIMATELY 3,550 FEET EAST OF THE CENTERLINE
OF LITTLE MOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB-
DIVISION, 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
proposed Subdivision Tract No. 12955, located South of Kendall
Drive, approximately 3,550 feet East of the centerline of
Little Mountain Drive, 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 Block
Bros. Industries (U.S.A.) Inc., for the improvements in said
subdivision tract as are required by Title 18 of the San
Bernardino Municipal Code and the California Subdivision Map
Act. The time for performance is specified at 24 months. Said
improvements are specifically described and shown on Drawings
No. 6792,6786 and 6785, approved and on file in the Office of
the Ci ty Engineer of the Ci ty of San Bernardino.
SECTION 3: 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
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4/23/87
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I rights). drainage and other public easements. As a condition
2 precedent to approval of the Final Map. the Subdivider shall
3 first execute the agreement ~eferenced in Section 2 hereof for
4 the improvements within said subdivision. The City Clerk shall
5 certify the approval and acceptance of the Mayor and Common
6 Council as set forth in this resol uti on.
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I HEREBY CERTIFY that the foregoing resolution was
8 duly adopted by the Mayor and Common Council of the Ci ty of San
regular .
9 Bernardino at an adiourned/ meetlng thereof. held on the
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11th
day of
. 19~. by the follow i ng vote.
Mav
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AYES:
Council Members Estrada, Flores, Maudsley,
Quiel, Frazier, Strickler
None
NAYS:
ABSENT:
Council Member Reilly
~/~41'~
./ City C e r
The foregoing resolution is hereby approved this /$C~
. 19E.
day of
May
Approved as to form:
/~~~
1 ty Attorney
4/23/87
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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 ~~ day of
'i1a/4titd , 198.?, by and between the CITY OF SAN BERNARDI NO
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a municipal corporation, hereinafter referred to as "City", and
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BLOCK BROS INDUSTRiES (USA) IN(: , herei nafter referred to as
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"Subdivider".
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
'T'RACT 12955
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Clluncil") 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 sati s factory performance by Subdi vi der
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 Subdi vi der' 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 pl ans and specifi cations 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
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 Engineer mav 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 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 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-
nla~e or have renlaced, repair, pr 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 any agency or
political subdivision thereof, or by the City or by any pUblic or
private corporation, or by any 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 Citv Engineer.
6. Utility 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 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 bv
such publ ic util ity corlJoration within the Subdivision.
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Permi ts:
Compliance with Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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permits and licenses for the cunstruction of such improvements,
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give all necessary notices and pay all fees and taxes reauired bv
law. Subdivider shall comply with all orovisions of the Subdivi..
sion Map Act and Title 18 San Bernardino Municipal Code.
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8. Superintendence by Subdivider
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Subdivider shall give personal superintendence to the work on
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said improvement, or have a competent foreman Or Superintendent,
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satisfactory to the City Engineer on the work at all times during
progress, with authoritv 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
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
to City improvement security as follows:
(1) An amount er:ua1 to at least one hundred percent of the total
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estimated cost of the imorovement 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 lea~t fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as security 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 oerformed ~s
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 bv 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 bv 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 ~unicinal Code; and
the type shall be at the option of and subject to the annroval of
the City Engineer and the Citv Attorney.
Hold Harmless Agreement
I Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, rarwless
from any liability for damage or claius for damage for personal injury,
incllldinc:J death, as 11ell as from claims for prouertv' damage which may 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 acrees to, and shall, defend City, and its
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appointive boards, commissions, officers, agents and emolovees
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from any suits or actions at law or in eauitv for damages caused,
or alleged to haqe beer caused, by reason of anv of the aforesaid
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operations, provided as follows:
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a. That Citv does not, and shall not, ~Iaive 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 City by Subdivider, or cny of the insurance policie
described in Paragraph 12 hereof.
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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 paragraoh,
regardless of whether 0'" not Citv has prepared, supplied or
approved of, plans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
haye 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 hav,~ obtained all insurance required under this paragraph and
such insurance shall have been approved ~y Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence ~Icrk cn hi s 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, durin~ the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's employees
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 Compensation Insurance for all
contractor's or subcontractor's emolovees, unless such employees
are covered by the protection afforded bv 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
Cempensotion 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 anv damage resultin~ to it from failure
of ei ther Subdivider or anv cOntractor or subcontractor to take '
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and property damage insurance
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider ar.d any contra(
tor or subcontractor performing work covered by this aqreement
from claims for damaqes for personal iniurv, including death,
as well as from claims for property damaoe which may arise from
Subt1ivider's 01' any contractor's or subcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone 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 for
injuries, including, but not limited to, death, to anv
one oerson and, subject to the same limi t 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 less than $ 50,000 for
damage to the property cf each person on account of anv
one occurren ce.
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 oara-
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 0r subcor-tractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv 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 ryeriod of this agreement.
14. Title to Improvements
Title to, and awnership 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
strllCt'lre furni ~hec! and/or i nsta 1: ed or cons tructed, or caused
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reauirements
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 unsatcsfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this require~ent, or
should the exigencies of the Subdivid(;r ca~ be ICctified, City may a
its opticn, 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 ,'Ol'nt.s cf 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 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[lt, or Subdivider
should make a general assion '!lent for the benefit of Subdivider's
creditors, or if a receiver should be aopointed in the event of
Subdivider's insolvency, or if S\lh~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 uron Subdivider and Subdivicer's
'surety of breach of this agreement, or of any portion thereof,
and default of Subdivider.
19 BreaclT of Agreement; Perfonnance !w Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov<;r arid cOIT:[ll ete the Viork 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 give City written notice of its intention to take over
the performance of the contract, and does not commence perf o rrTlil 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 a,t the expense of Subdividu, 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 COP.l-
pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessarv therefor.
20. Noti ces
All notices herein required shall be in writing, and delivered
1n person or sent bv registered mail, postage prepaid.
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Notices required to be given to City 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 follows:
Block Bras c/o ~1arl borouoh DevelorllTJent
2D29 Century Park East #1550 Los ^ngeles, Ca 90067
Notices required to be given surety of Subdivider shall be addressed as
follows: Llames Econn & Co. Insurance Co
3055 Wilshire Blvd. Los Anoeles, Ca 90010
Provided tl]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 day and vear first above written.
ATTEST:
CITY OF SAN BERNARDINO
By,J~f") ~ /<r
Mayor
~#A4/~4b
tity Clerk
SIJBOIVlflER
Approved as to form:
By:
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~~~t baevQJo.J'li
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By:
City Attorney
INSTRIJr:TI0NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a "ice-President ar,d the
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1 Secretary or ~ssistant Secretary, 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 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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.
.
STATE OF WASHINGTON )
) SS.
COUNTY <IF KING )
On this 15th day of April, 1987, before me, the undersi gned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, per-
sonally appeared Patrick O. lennon, and Dorinda J. Birch, to me known to be
the Executive ViOl President, and Assistant Secretary of Block Bros. In-
dustries {USA), Inc., the corporation that executed the foregoing instrument,
and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the sai d instrument and that the
seal affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the date and year first
above written.
State of Washington,