HomeMy WebLinkAbout1983-414
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RESOLUTION NO.
83-414
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
THE FINAL MAP FOR SUBDIVISION TRACT NO. 11327, LOCATED SOUTH
SIDE OF KENDALL DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREE-
MENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION.
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
the proposed Subdivision, Tract No. 11327 located South side
of Kendall 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 an agreement
with Block Bros. (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. Said improvements are specifically described and shown
on Drawing Nos. 6335, 6241, 6240, 6435, and 6339, approved and
on file in the office of the City Engineer of the City of San
Bernardino. A copy of said Agreement is attached hereto as
Exhibit "A" and incorporated herein by reference.
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 rights), drainage and other public
easements.
As a condition precedent to approval of the final
map, the Subdivider shall first execute the agreement
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referenced in Section 2 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.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
reqular
meeting thereof, held on the
5th
day of
1983, by the following
December
vote, to wit:
AYES:
Council Members
Castaneda, Reilly, Hernandez,
Harks. Quiel. Frazier, Strickler
NAYS:
None
ABSENT:
None
~P71d/~,1..b
/' City Clerk
The foregoing resolution is hereby approved this
i,ti
day of
December
Approved as to form:
~~__;7
City A torney
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT
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is made and entered into this
day of
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, 19aj, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Block Bros. Industries (USA) . Inc.. herei nafter referred to as
"Subdivider".
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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 11327
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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
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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.
NO~, 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 11ap 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 Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) 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.
3 4. Time of Essence - Extension
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Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City Enqineer ma," extend
the time for comoletion of the imnrovements 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 iudqe as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
13 5. Repairs and Replacements
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Subdivider shall replace, or have renlaced, or renair, or have
repaired, as the case mav be, all nioes and monuments shown on the
map which have been destroyed or damaqed, and Subdivider shall re-
ola(e cr have reelaced, repair, or have repaired, as the case mav be,
or Day 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 ororerty be owned by the lInited States or
any agency thereof, or the State of California, or any aqenc" or
political subdivision thereof, or by the City or bv an" oul:Jlic or
pri vate corporat i on, or by anv person whomsoever, or by any combina-
tion of such owners. Any such reoair or replacement shall l:Je to the
satisfaction, and subject to the aODroval, of tbe City Engineer.
6. Utilitv Denosits - Statement
Subdivider shall file with the Citv Clerk, prior to the commencement
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of any work to be performed within the area delineated on the mao,
a written statement signed bv Subdivider, and each nublic utility
corporati0n involved, to the effect that Suhdivider has made all
deposits legally required bv such public utilitv corooration for
the connection of any and all public util ities to be suppl ied bv
such public utility cornor1\tion within the Subdivision.
7. 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 required bv
law. Subdivider shall comolv 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 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 nf 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 imnrovement security as follows:
(1) .~n amount EQual tr. at least one hundred Dercent of the total
estimated cost of the improvement and acts to be nerformed as
sec.;ri'::,Y for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the imnrovements and acts to be oerformed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount enual to at least twenty-five oercent of the total
est~mated cost of the improvements and acts to be oerformed oS
security for the guarantee and warranty of the work for a neriod 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 subiect to the anoroval of
the Citv Engineer and the City Attorney.
Hold Harmless Agreement
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Subdivider herebv agrees to, and shall, hold City, its elective al"d
appointive boards, commissions, officers, agents and employees, I',:nrless
from any liability fOr damage or clair;ls foy' damage for personal injury,
including death, as "Iell as from claims for prouerty damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' 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 arrees to, and shall, defend Citv, and its
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1 apnointive boards, commissions, officers, agents and emn10vees
2 from any suits or actions at law or in eauitv for damages caused,
3 or alleged to hage beer caused, bv reason of anv 07 the aforesaid
4 operatic-ns, provided as follows:
5 a. That City does not, and shall not, waive anv rights against
6 Subdivider which it may have by reason of the aforesaid hold
7 harmless agreement, because of the acceptance by City, or the
8 deposit with Citv by Subdivider, or 1'n" cf the insurance no1icies
9 desc~ibed in Paragraph 12 hereof.
10 b. That the aforesaid hold harmless agreement bv Subdivider shall
11 apn1y to all damages and claims for damages of every kind
12 suff~red, or alleged to have been suffered, bv reason of anv
13 of the aforesaid operations referred to in this paragraph,
14 regard1~ss of whether n' not City has nrepared, supn1ied or
15 anproved of, n1ans and/or snecifications for the subdivision,
16 or r'egardless of \'ihether or not such insurance pol icies shall
17 have been determined to be app1 icab1e to anv of such damages
18 or claims for damages.
19 12. Subdivider's Insurance
20 Subdivider shall not commence work under this agreement until Subdivider
21 shall l1av,o obtained all insurance required under this paragranh and
22 such insurance shall have been aporoved bv Citv Attornev as to form,
23 amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
24 contractor to commence v:crk en hi s contract or subcontract until all
25 similar insurance required of the contractor or subcontractor shall
26 have been 50 obtained and approved. All reouirements herein orovided
27 shall apnear either in the body of the insurance no1icies or as endorse-
28 ments and shall specificallv 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 Subdivirer's emolovees
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employed at the site of imorovement, and in case anv work is
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sublet, Subdivider shall require any contractor or suhcontractor
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similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emolovees, unless such emoloyees
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are covered by the protection afforded bv Subdivider. In case
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any class of employees engaged in work under this a9reement at
the site of the project is not protected under any Workmen's
Ccmpr,nsi,ticn Law, Subdivider shall prcvide and shall cause each
contractor and subcorytractor to ~rovide, adequate insurance for
the orotection of employees not otherwise nrotected. Suhdivider
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 durinn the life of this
agreement such oublic liabilitv and nropertv damage insurance
as shall insure City, its elective and armnintive boards, commis-
sions, officers, agents and emoloyees, Subdivider ar.d any contrac-
tor or subcontractor performing work covered bv this agreement
from claims for damages for oersonal iniury, includina death,
as well as from claims for nror,erty damage which mav arise from
Subt1ivider's or' cny contractor's or s~bcontrac.tor's operations
hereunder, whether such operatiors be bv Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
emploved by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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13.
(1) Public liability Insurance
In an amount not 1ess than $ 100,000.00 for
injuries, including, but not limited to, death, to any
one person and, subject to the same 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 less than $50,000.00 for
damage to the prooerty of each oerson on account of any
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, person,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cr0SS-
1iC1bility endorsement, insuring on such policy City, its
,elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor (.r sutcortractor
performing work covered bv this agreement.
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 City at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective oeriod of this agreement.
Title to Improvements
Title to, and m~nership 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 Oefective Work
If, within a period of one vear after final acceptance of the
work performed under thi s agreement, any structure or nart of any
structure furni 5hec and/or i nsta 1: cd or cons tructed, or cilused
to be installed or constructed bv 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 delav and without any cost to City, renair
or replace or reconstruct any defective or otherwise unsi,t;sfact-
o~y 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 can ~e retified, City may at i
its cptien, make the necessarv repairs or replacements or oerform
the necessary work and Subdivider shall pav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Citv
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be l1(jpnts ef 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 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 thr:ro~,
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assign '!lent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdivider's insolvency, 01' if Sllb~ivider, 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 uron Subdivider and Subdivider's
'surety of breach of this agreement, or of any portion thereof,
and defaul tof Subdivide,..
Breach of Agreement; Perfonnance bv Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OVf.!r and comrlete \:he work and the improvement
herein srecified; provided, hO~lever, 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 perfonnance of the contract, and does not commence perfomlance
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 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, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessarv 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:
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City Administrator, City Hall, 300 North "D" Street, San Bernardino,
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California 92418.
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Notices required to be given to Subdivider shall be addressed as follows:
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Block
Bros. I:l'ldustries (USA) ,Inc. 9911 W. Pico Blvd. Ste. 1100
Los Angeles, CA 90035
Dorian Johnson
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Attn:
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Notices required to be given surety of Subdivider shall be addressed as
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follows: .T:=ama.c::: "R(""()nn F.. C".n. TnF;urance Co.
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<n~~ Wil<<hin', Ton" AnqR1R"r California 90010
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Provided that any party or the surety may change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
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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 vear first above written.
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ATTEST:
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cr&f~/~/$A,
ty C erk
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
SUBDIVIDER
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)ss.
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g~rf~~: ~~~c~e~~o~:1~;o~;p~~r~~ ~~fo:e ~e"Michael Kilgal10n and
who executed the within and for 7 1n~1v1duals described in and
that they signed the same as the?o1~g 1nstrument, and acknowledged
for the uses and purposes there~1r re7 and volun~ary act and deed,
Assistant Secretary of Blo k B n ment1one~, as V1ce President and
c ros. Insustr1es (USA), Inc.
GIVEN under my hand and official seal
this ~day of Ni> (/
19 53
l
h J! .(...-4-- ~ U7.v!'rx.-L-v'
Notary Public in and for
State of California
the
~- - - OFFICI'A'i::SEAL
I; .-,' '"'''"'''''~
':'"--..,Lt7.-,\\ GLADYS L PALMER
" ,-Jo.~h',-'l.I'~ NOTARY PUBLIC - CALIFORNIA
:\: "\\~}f~~\i7~ LOS Af~GElES COUNlY I'~
___ __ <'! "~<-'-";,l-0::; My comm. expires SEP 15, 1386 ",
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Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all persons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivi der.
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