HomeMy WebLinkAbout1983-415
,,:.'\1..',
,
,
20
21
22
23
24
',.... .-j.,~:ft>._~
RESOLUTION NO.
83-415
1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
THE FINAL MAP FOR SUBDIVISION TRACT NOS. 11328, 11329, AND
11330, LOCATED SOUTHERLY OF KENDALL DRIVE; ACCEPTING THE PUB-
LIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR THE I MPROVEMENTS IN SAID
SUBDIVISION.
2
3
4
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor and Common Council find that
7
the proposed Subdivision, Tract Nos. 11328, 11329, and 11330,
8
located Southerly of Kendall Drive, together with the provi-
9
sions for its design and improvements is consistent with the
10
General Plan of the City of San Bernardino.
11
SECTION 2. The Mayor of the City of San Bernardino
12
is authorized on behalf, of said City to execute an agreement
13
with Block Bros. (U.S.A.), Inc. for the improvements in said
14
subdivision tract as are required by Title 18 of the San
15
Bernardino Municipal Code and the California Subdivision Map
16
Act.
Said improvements are specifically described and shown
17
on Drawing Nos. 6335, 6239, 6240, 6435, and 6339, approved and
18
on file in the office of the City Engineer of the City of San
19
Bernardino. A copy of said Agreement is attached hereto as
Exhibit "All 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,
~
"
25 (including access rights), drainage and other public
26
27
28
easements.
As a condition precedent to approval of the final
map, the Subdivider shall first execute the agreement
I
l
,
I
I
.,i::5.:l!-".,IfR:.';;;'~~,'
,
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
L--___
~~'~~:-:;;~,. ~ :~:\~:;..:'.'d}":'1~;:~
1<l~~~~....ft;Ji"j.A"',Il!!"SiiljP'~~'l""l'
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
December
1983, by the following
vote, to wit:
AYES:
Council Members Castaneda,. Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
~/?ni4~
/ Ci ty Clerk
The foregoing resolution is hereby approved this
~f;(,
December
day of
1983.
....-::?
Approved as to form:
/&t^ ~An~fl
City Atorney
r-- ~~',~"'j' - '-'~'< ljjo!V
I . .
1
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
',.)"("":;.'.(~r.",-:~,''J:{"it:'',~:I;,>~~~~f''-~1\"f'~~':;k~ifi:i'~:""MJ.~~~:~}~{"'"
~, ..--
<t/
A G R E E MEN T
---------
2
(subdivision improvements)
3
THIS AGREEMENT is made and entered into this &~ day of
~~ , 1985, by and between the CITY OF SAN BERNARDINO
4
5
a municipal corporation, hereinafter referred to as "City", and
Block Bros. Industries (USA) , Inc.. hereinafter referred to as
6
7
"Subdivider".
8
9
R E C I TAL S :
--------
10
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Tract 11328.
11329. and 11330.
"
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.
. ::""'~~'W;f." '::,~~".ii":~""'- ',,~,:,::,~~':':',"::;'~f:/)i!:,::-,'/!if:::;'"t'.::. ~~~~~~W","",_J _ /~~'<I~'i~$,<C:~~~ ~:'f.},
..
1
work to be within 24 months
2
from the date hereof.
3 4. Time of Essence - Extension
4
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the Citv Engineer mal' extend
5
6
the time for comoletion of the imnrovements hereunder. Anv such
7
extens ion may be granted wi thout noti ce to the Subdi vi der' s suretv,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance of this agreement.
The City Engineer shall be the sole and final iudge as to whether
8
9
10
11
or not good cause has been shown to entitle Subdivider to an exten-
12
sion.
13 5. Repairs and Replacements
14
15
Subdivider shall replace, or have renlaced, or renair, or have
repaired, as the case may be, all nioes and monuments shown on the
16
map which have been destroyed or damaged, and Subdivider shall re-
17
18
nla':e cr rave reDlaced, repair, or have repaired, as the case may be,
or Day to the owner, the entire cost of replacement or repairs, of
19
any and all property damaged or destroyed bv reason of any work done
20
hereunder, whether such oropertv be owned bv the United States or
21
22
23
any agency thereof, or the State of California, or any agency or
political subdivision thereof, or bv the City or by anv oul:>lic or
private corporation, or bv any nerson whomsoever, or bv anv combina-
24
25
26
tion of such owners. Anv such regair or reolacement shall I:>e to the
satisfaction, and subject to the anproval, of the City Engineer.
6. Utility Denosits - Statement
27
Subdivider shall file with the City Clerk, prior to the commencement
28
- 3 -
<iiI<of"';<<:BIl!;' 'c';'" --
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/:;~ '.:~
';;;I;;:~::.:, '.~'~)~~:::';~{""'-"~'}"'!(;tt;:_S:-.O': -:.... "l'1
.L,.;i~:.;
:':"~'''''..',~,.-(j'- ". ,'.-~".-
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 performance by Subdivi der
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Hork
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
-2-
,;';"/' "''()!It:~ ":/.'1-
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
.?,
~'~<:;~ J'~~_ '~f;~e:""::~j~":'X'~rc ,,<1";:: <.,.~,~ ::;~...j;_ ,,~,. :c':..~~~_ -~', ",;., f"X,: i'~~~-l;,{:"~;:;--::',';;.;'~"'"
of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each nub1ic uti1itv
corpor;.tic'n involved, to the effect that Suhdivider has made all
deposits legally reauired bv such public uti1itv cornoration for
the connection of any and all public utilities to be supplied bl!
such public utility cornorllticn within the Subdivision.
"7
. .
Permits:
Compliance '~ith Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes recuired bv
law. Subdivider shall comolv with all nrovisions of the Subdivi..
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Suoerintendence bv Subdivider
Subdivider shall give personal superintendence to the Nork 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 hv City, to all oarts af the
work, and to the shops wherein the work is in prenaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider shal1 furnish
to City imnrovement security as follows:
(1) .~n amount Equal tc. at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be nerformed as
sec.,ritv for the faithful performance of this agreement;
- 4 -
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 1 .
20
21
22
23
24
25
26
27
28
1
2
3
. 3!MlIIJi\f~~n',.~:\'l!l!!
;):.~'~;~:J_;;'r;tr:::'"":>'T~~
(2) An amount equal to at lea5t fifty percent of the total estimated
cost of the imorovements and acts to be performed 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~rnated cost of the improvements and acts to be oerforlT'€c oS
security for the guarantee and warranty of the work for a neriod 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 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 annroval of
the Citv Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
apoointive boards, commissions, officers, agents ilnd employees, I'itnrless
from any liability for damage or clair:ls foy' damage for personal injury,
including death, as ,.tell as from claims for property damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aoents'
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 City, and its
-5 -
: ',iI'.
"'~ql':'.Q,~
..-rr'-"<' II Fff~ "'_, ..,. '~'.. '.
apnointive boards, commissions, officers, agents and emnlovees
from any suits or actions at law or in eouitv for damages caused,
or alleged to have bee" caused, bv reason of anv of t.he aforesaid
operatic'ns, provided as follows:
a. That Citv does not, and shall not, waive anv rights against
Subdivider which it may have bv reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with Citv by Subdivider, or cn" cf the insurance nolicies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apnly to all damages and claims for damages of every kind
suffered, or alleged to have been suffererl, bv reason of anv
of the aforesaid operations referred to in this paragraoh,
regardless of whetl1er cr not Citv has nrerared, supplied or
anproved of, nlans and/or snecifications for the subdivision,
or t'egardless of whether or nnt sue" insurance pol icies 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 reouired under this oaragranh and
such insurance shall have been anoroved bv Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to cOlll11ence v:crk en Us contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and aoproved. /\11 reouil'e!l'ents herein provided
shall apoear either in the body of the insurance nol icies or as endorse-
ments and shall specificallv bind the insurance carrier.
- 6 -
'.
,i"":.i:.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'~h
..,,""
a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's employees
empl~yed at the site of improvement, and in case anv work is
sublet, Subdivider shall require anv contractor or suhcontractor
similarlv to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's emnloveps, 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
C'mpr,ns<,ticn Law, Subdivider shall provide and shall cause each
contractor and subcontractor to ~rovide, 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 Liablity and Property Damaqe Insurance
Subdivider shall take out and maintain durinq the life of this
agreement such public liabilitv and propertv damaqe insurance
as shall insure City, its elective and appointive boards, cemmis-
siens, officers, agents and emnlo,yees, Subdivider and anv contrac-
tor or subtontractor performing work covered by this agreement
from claims for damages for nersonal iniury, includina death,
as 'tiel 1 as from claims for nronerty damaQe which mav arise from
SUbl1ivider's 01' (jny contractor's or subcontractor's operations
hereunder, whether such operatiors be bv Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
- 7 -
,
~'-
loi.~.
.
10
11
12
13
14
15
16
17
18
...f;(~Ylall~~'<'~;:~~'~*,~{'~.'~~W'~~4"""'~~!.:lij(j'Sf~~~)':'$iIM~:~ ...-
1
(1) Public Liabilitv Insurance
2
In an amount not less than $ 1 nn nnn nn
.
for
3
injuries, including, but not limited to, death, to any
4
one person and, sUbject to the same limit for each
5
6
person, in an amount not less than $ "lnn nnn nn
on account of anv one occurrence;
7
(2) Property Damage Insurance
In an amount not less than $ <;n nnn nn
.
for
8
9
damage to the property of each oerson on account of anv
one occurrence.
Ir. the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entitv, person,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cr0SS-
lic'bility endorsement, insuring on such policv Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or SUGC0rtractor
performing work covered bv this agreement.
19 13. Evidence of Insurance
20
21
22
23
24
25
26
27
28
Subdivider shall furnish Citv concurrently with the execution
hereof, with satisfactory evidence of the insurance reauired, 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 policy during the effective oeriod of this agreement.
14. 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.
- 8 -
.,.,U'';':_
.
1
2
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
3
work performed under thi s agreement, any structure or nart of any
4
structllre furni5hec and/or instal;ed or constructed, or caused
5
6
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delaY and without any cost to City, renair
7
8
9
or replace or reconstruct any defective or otherwise unsut;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 6f the Subdividf:r car. be rotified, City may at
its optien, make the necessarv repairs or replacements or perform
10
11
12
13
14
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
Nei ther Subdi vi der nor any of Subdi vider' s agents or contractors
are or shall be considered to be il~ents 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
15
16
17
18
19
20
21
22
23
engineering inspections and other services connected with the City
24
25
26
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,
27
or any severable part thereof, with such diliQence as will insure
its completion within the time specified, or any extensions th~ro~,
28
or fails to obtain completion of said work within such time, or if
- 9 -
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
19
20.
.";:';~~vr......__
the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assi~n llent for the benefit of Subdivider' 5
creditors, or if a receiver shoul d be appointed in the event of
S~bd1vider's insolvency, o~ if Sl~~ivi~er, 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 upon Subdivider and Subdivider's
'surety of breach of thi s ag reemen t, or of any pert i on thereof,
and default of Subdivider.
Breach of Agreement; Perfonllance bv Surety or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OYE;r and comrlete the work and the improver: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 perform?nce
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 necessary therefor:
Notices
All notices herein required shall be in writing, and delivered
1n person or sent by registered mail, postage prepaid.
- 10 -
<;;j_....~..'t-.,'"#~
, .
. ,
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
(
27
28
'.-:':_~-... .~:,~~~~
",'~~.j):','I.._l
.
.".
Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "D" Street, San Bernardino,
California 92418.
Notices reouired to be given to Subdivider shall be addressed as follows:
Block Bros.' Industries (USA) ,Inc. 9911 W.Pico Blvd.
Attn: Dorian Johnson
Los Angeles, CA 80035
Notices required to be given surety of Subdivider shall be addressed as
foll ows:
James Econn & Co. Insurance Co.
3055 Wilshire. Los Anqeles, California 90010
Provided that any party or the surety may change such address bv notice in
writing to the other partv 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 year fi rst above written.
CITY OF SAN BERNARDINO
ATTEST:
~w~A.t-
C.-fty Clerk
SUBDIVIOER
Aoproved as to form:
BY:~~
By: .Ik"'+h/
Cl~} -iUc..
r::,
City Attorney
(( )5AJ 1NL..
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be executed in
~e corporate name
I
I
i
I
I
and signed by the President or a Vice-President and the
- 11 -
STATE OF CALIFORNIA )
)ss.
COUNTY OF LOS ANGELES )
On this day personally appeared before me Michael Kilgallon and
Dorinda Birch to me known to be the individuals described in and
who executed the within and foregoing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned, as Vice President and
Assistant Secretary of Block Bros. Insustries (USA), Inc.
GIVEN under my hand and official seal this 30 day of
MiJ/
192
I
N~1;y~b~~ ~~~or the
State of California
OFFICIAL SEAL
GLADYS L PALMER
NOTARY PUBLIC ~ CAliFORNIA
,
LOS ANGELES COUNTY il
My comm. expires SEP 15, 1986 ;(
;~...:-'-.?"'.;;.~....r~
.~~~_.
.
'. .
L___
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~;;~;~?r~~,~;;~~~'~",,!",;~s; ~~.
1 Secretary or IIssistant 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 persons 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.
7
8
- 12 -