HomeMy WebLinkAbout1987-142
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RESOLUTION NO.87-142
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROV ING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12958, LOCATED SOUTH OF
KENDALL DRIVE, APPROXIMATELY 3,400 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 Counci 1 fi nd tha t
proposed Subdivision Tract No. 12958, located South of Kendall
Drive, approximately 3,400 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, 6801 and 6798, approved and on file in the Office of
the City Engineer of the City 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
4/23/87
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1 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 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
8 duly adopted by the Mayor and Common Council of the City of San
regular
9 Bernardino at an adjourned/ meeting thereof, held on the
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11th
day of
, 19n, by the following vote,
May
to-wit:
AYES:
Council Members Estrada, Flores. Maudsley.
Quiel, Frazier, Strickler
NAYS:
ABSENT:
None
Council Member Reilly
~~.~~
/ C1 ty c~erk
The foregoing resolution is hereby approved this I~c~
day of
May
Approved as to form:
/~~ ~/P~
~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
\~~ ,198, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Block Bros. Industries (USA) Inc.
, hereinafter referred to as
"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 12958
"
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 sati s factory perfonnance by Subdi vi der
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of ~Jork
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' 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 necessa~1 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 2.~S
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 En9ineer ma,lt 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 liability
on the bond to secure the faithful oerformance 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 repair, or have
repaired, as the case may be, all nioes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pl~r:e CI' rave 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 bit reason of any work done
hereunder, whether such oroperty be owned bv the United States or
any agency thereof, or the State of California, or any a(1enCIt or
political subdivision thereof, or by the City or by any pUblic or
private corporation, or by any person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and SUbject to tbe approval, of the City Engineer.
6. Utility Denosits - 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
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 public utility cornoration within the Subdivision.
7. Permits: Compliance 1~ith 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 Be~ardino 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~v Engineer on the work at all times during
progress, with authoritv 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 parts rof 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:
(1) ..'\n amount Equal to at least one hundred percent of the total
estimated cost of the imnrovement 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 oerformed es
security for the guarantee and warranty of the work for a oeriod 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 securitv and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, incl udi ng rea.sonab 1 e
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 anoroval of
the City Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, ~arwless
from any liability for damage or clail'ls foy' damage for personal injury,
including death, as ,.tell as from claims for prolJert~' damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' operations under this agreement, whether such operations
be bv Subdivider or bv 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 a,rees to, and shall, defend City, and its
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apDointive boards, commissions, officers, agents and employees
from any suits or actions at law or in eouitv for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, vlaive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with Citv by Subdivider, or en~' of the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and clairos for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not City has prepared, supplied or
approved of, plans and/or specifications for the subdivision,
or regardless of whether or not such insurante policies shall
have been determined to be app 1 i cab le to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havl~ 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 ~ubdivider allow any contractor or Sub-
contractor to cOlTl11ence ~:crk en hi s contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reOUil"ements 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
Subdivider shall maintain, durin~ the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's emolovees
employed at the site of imDrovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for"'llll
contractor's or subcontractor's emoloyeps, unless such emolovees
are covered by the orotection 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
C0mor:ns~tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the orotection of employees not otherwise nrotected. Subdivider
shall indemnify City for any damage resulting to it from failure
of either 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 Dublic liability and orooerty damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider ar.d any contra(
tor or subcontractor performing work covered by this agreement
from claims for dama~es for personal iniury, including neath,
as well as from claims for nroperty damaqe which may arise from
Sub(livider's 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 Liabil itv Insurance
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In an amount not ~€ss than $ 100,000
for
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injuries, including, but not limited to, death, to anv
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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;
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(2) Property Damage Insurance
In an amount not less than $ 50,000
for
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damage to the property cf each person on account of anv
one occurrence.
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Ir. the event that any of the aforesaid insurance policies
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provided for in this Paragraph 12 insures anv entitv, person,
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board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cr0SS-
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liability endorsement, insuring on such policy Citv, its
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elective and appointive boards, commissions, officers, agents
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and employees, Subdivider and any contractor 0r subcortractor
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performing work covered bv this agreement.
13. Evidence of Insurance
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Subdivider shall furni sh City concurrently with the executi on
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hereof, with satisfactory evidence of the insurance required, and
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evidence that each carrier is required to give Citv at least ten
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days prior notice of the cancellation or reduction in coverage of
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any policv during the effective 0eriod of this agreement.
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14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
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acceptance of such improvements by City.
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15. Repair or Reconstruction of Defective Work
If, within a period of one veal' after final acceptance of the
work performed under this agreement, any structure or nart of any
struct'lre furni ~hec! emd/or insta 1: ed or cons tructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fail s to fulfill anv of the reQuirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without any cost to City, renair
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 Subdivide,r car. fe I'otified, City may a
its cption, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall pav' 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 ,:Of'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 Citv
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 diliqence as will insure
its completion within the time specified, or anv 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 bankru[lt, or Subdivider
should make a general assion'l1ent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subdl\'ico"s insolvency, or if Subc~i\'icEr. or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agn'ement, City Engineer or Citv
Council may serve written notice uron Subdivider and Subdivicer's
'surety of b reach of thi s agreemen t, or of any porti on thereof,
and default of Subdivider.
Breach of Agreement; Perfonna!,ce hv Suretv or City
In the event of any such notice, Suhdivider's surety shall have
the duty to take ow;r and cOINllete chI' I'lOrk 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 notice of its intention to take over
the performance of the contract, and does not commence perform~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 deem advisable, for
the account and at 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 bv registered mail, postage prepaid.
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Notices required to be given to Citv 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 given to Subdivider shall be addressed as follm~s:
Block Bros. c/o Marlborough Development
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2029 Century Park East #1550. Los Anqeles. CA 90067
Notices required to be given surety of Subdivider shall be addressed as
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follows: James Econn & Co. Insurance Co.
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3055 Wilshire Blvd, Los Anqeles. Ca 90010
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
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the day and year first above written.
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CIT~F S~N BERN~RnINO
By:g;ALfff~j1fAxo/
Mayor
ATTEST:
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~@.4/~~ .
C'i ty C erk
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SIJBDIVlnER
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By: A a//lr/~;"/
..~~r~'i'
"1.-~ .,.,/ J/'J ~/7
By: // c:;~~C/:=-~~.?~.~
L/ _ . '7/"'"
~7"'" F pr'-
Anproved as to form:
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City Attorney
INSTRIlCTI'lNS
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 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 Subdivi der.
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.,
STATE OF WASHINGTON
COUNTY OF KING
SS.
On this 15th day of April, 1987, before me, the undersigned, 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 Vice 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 said 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,