HomeMy WebLinkAbout1986-519
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RESOLUTION NO. 86-519
RESOLUTION OF THE CITY OF SAN BERNAROINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13036, LOCATED APPROXIMATE-
LY 1300 FEET EAST OF THE CENTERLINE OF PINE AVENUE, AND SOUTH
SIDE OF IRVINGTON AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVD1ENTS 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:
SECT ION 1:
The Mayor and Common Council fi nd tha t
proposed Subdivision Tract No. 13036, located aproximately 1300
feet East of the centerline of Pine Avenue, and the South side
of Irvington Avenue, together wi th the provi sions 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. B4-8 with Forecast
Corporation 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 perform-
ance is specified at 24 months.
Said improvements are speci-
fically described and shown on Drawings No. 7114 and 7117,
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
rights), drainage and other pUblic easements. As a condition
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12/11/86
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precedent to approval of the Final Map, the Subdivider shall
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19 day of
first execute the agreement 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 Counci 1 of the Ci ty of San
regular
Bernardino at an adiourned i..~c_meeting thereof, held on the
day of December
,1986, by the following vote,
22nd
to-wit:
A YES:
Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
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The foregoing resolution is hereby approved this ~1'~
December
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Approved as to form:
A ~~
~Attorney
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A G R E E MEN T
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(subdivision improvements)
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AGREEMENT is made and entered into this07~~ day of
, 19~, by and between the CITY OF SAN BERNARDINO
orporation, hereinafter referred to as "City", and
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FnRF.CIIS'I' MOR'I'GIIGE CORPORATION , hereinafter referred to as
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"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-
riivision map (hereinafter called "map") entitled"
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Tract 13036
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The map has been filed with the City for presentation to the City
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Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
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Subdivider has requested approval of the map prior to the con-
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struction and completion of improvements, including all streets,
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highways or pUblic ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
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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
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City.
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Council has approved said map and accepted the dedications
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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 dedi cations 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
II Ordinance, the parties agree as follows:
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1.
Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider'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 wLhout) the
subdivision to complete the improvements in accordance
with the plans and specifications on file a:; 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 nO~1 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.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the Citv En(jineer ma,v extend
the time for completion of the improvements hereunder. Any such
extension mav 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 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 repair, or have
repaired, as the case mav be, all niDes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pl~r:e or !'>aye renlaced, repair, or have repaired, as the case mav be,
or pav 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 property be owned by the United States or
any agencv thereof, or the State of California, or any a(1enC\l or
political subdivision thereof, or bv the City or bv an" public or
private corporation, or by anv person whomsoever, or hv any combina-
tion of such owners. Anv such repair or replacement shall be to the
satisfaction, and suhject to the approval, of the City Engineer.
6. Utilitv 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 man,
a written statement signed bv Subdivider, and each public utility
corpor"tic.n involved, to the effect that Suhdividpr has made all
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deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
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such public utility corllorCltion within the Subdivision.
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Permits:
Compliance \~ith Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reauired bv
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law. Subdivider shall complY with all provisions 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 authority 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 nf the
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work, and to the shons wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shan furnish
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to City imnrovement security as follows:
(1) IIn amount E0ual tC' a.t least one hundred percent of the total
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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 t~e total estimated
cost of the imorovements and acts to be nerformed 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 oerfc'rmed es
security for the guarantee and warranty of the work for a oeriod of
one (1) year following the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the securitv 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 successfu1lv enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~unicinal Code; and
the type shall he at t~e option of and suhject to the annroval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, l-itrl;,less
from any liability for damage or clai:'ls foy' damage for personal injurv,
including death, as "/ell as from claims for prouertv damage which mav arise
from Subdivider's or Subdivider's contractors', suhcontractors', agents'
or employees' operations under this agreement, whether such ooerations
be by Subdivider or bv any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectlv 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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appointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eouity for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operaticm, provided as follows:
a. That Citv does not, and shall not, waive 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 en" cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and clairos for damages of every kind
suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether at" not City has prepared, supolied or
approved of, clans and/or specifications for the subdivision,
or regardless of whether or not such insurante poliCies shall
have been determined to be applicable to any of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav," obtained all insurance required under this oaragraoh and
such insurance shall have been approved bY City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to corrrnence ,':erk en hi s contract or subcontract until all
similar insurance required of t.he contractor or subcontractor shall
have been so obtained and approved. All reouire~nts 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, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivirer's emolovees
employed at the site of imorovement, and in case any wor~ is
sublet, Subdivider shall require anv contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emolovees, unless such emolovees
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 anv Workmen's
C0mpr: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. Suhdivider
shall indemnify Citv 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 Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and orooertv damage insurance
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and emoloyees, Subdivider ar.d anv cantra<
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including rleath,
as well as from claims for orOnerty dama'le which mav arise froPl
SUb<li vider'!. or' any contractor's or s "hcontractor' s operati ons
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or hy anvone directlv 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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(J) Pub Ii c li an i l..i!..v Ins uran CP.
In an amount not ~fSS than $ 100,000.00
for
injuries, including, but not limited to, death, to any
one person and, subjp.ct 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 property cf each person on account of anv
one occurren ce.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entitv, person,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policv City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor (.r sutcortractor
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
davs prior notice of the cancellation or reduction in coverage of
any policy during the effective Qeriod of this agreement.
14. Title to Improvements
Title to, and ownership 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 oerformed under this agreement, anv structure or part of any
strllct.lre fllrni~.heC: ?,nd/or instal:ed or constructed, or caused
to be installed or constructed bv Subdivider, or anv 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 delav and without any cost to City, reoair
or replace or reconstruct anv defective or otherwise unsat;sfact-
orv 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 SubdividH car. >e ratified, City may a
its cpticn, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall oav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor anv of Subdivider's agents or contractors
are or shall be considered to be i;npots cf City in connection ~Iith
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 insrections and ot!:f.'r servi ce~. ccnnected with the Citv
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach an~ 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 th~rof
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudljed a bankrunt, or Subdivider
should make a general 1Ission '!lent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd1\'ic:n's insolvency, 01' if Sl1bc~ivic'c:r, 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 upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance tw Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take ov(;r anC: cOIr:l1lete \:he \'lOrk and the improvct: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 perfor!1l~nc(
thereof within five days after notice to Citv 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 c.t 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 mav be on the site of the
work and necessarv therefor.
20. Noti ces
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:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
FORECAST MORTGAGE CORPORATION
/3b5 Hellman Avenue
Rancho Cucamonga, CA 91730
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Notices reQuired to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance Company
P.O. Box 3343
Anaheim, CA 92803
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Provided that any party or the surety mav change such address bv notice in
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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
the day and vear first above written.
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SAN BERNAR~
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ATTEST:
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By:
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Mayor
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~Mt
C-1 ty C erk
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SIJBOIVInE~
f\
STATE OF CALIFORNIA
COUNTY OF San Bernardino } SS.
On this 5thday of December
a Notary Public in and for said County and State. personally appeared
, 19~, before me, the unaersigned,
James P. Previti
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personally known to me (or proved to me on the basis of satisfactory evidence) to be the
President. and James Rankin
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named. and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official sa
. 0 S
BONNIE L MULLIN
NOTARY PU8UC. CALIFORNIA
SAN BEFlNARDINO COUNTY
M,Comtn. Expirn July 31. 1990
cuted ; n
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ar,d the
(This am tor official sun
.f
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 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 Subdivider.
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