HomeMy WebLinkAbout1986-520
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RESOLUTION NO. 86-520
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROV ING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13029, LOCATED APPROXIMATE-
LY 900 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 IMPROVEMENTS IN SAID SUB-
DIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1:
The Mayor and Common Council find that
8 proposed Subdivision Tract No. 13029, located aproximately 900
9 feet East of the centerline of Pine Avenue, and the South side
10 of Irvington Avenue, together with the provisions for its
11 design and improvements, is consistent with the General Plan of
12 the City of San Bernardino.
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SECTION 2:
The Mayor of the City of San Bernardino
14 is authorized on behalf of said City to execute the standard
15 form of agreement adopted by Resolution No. B4-8 with Forecast
16 Corporation for the improvements in said subdivision tract as
17 are required by Title 18 of the San Bernardino Municipal Code
18 and the California Subdivision Map Act. The time for perform-
19 ance is specified at 24 months. Said improvements are speci-
20 fically described and shown on Drawings No. 7115 and 7117,
21 approved and on file in the Office of the City Engineer of the
22 City of San Bernardino.
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SECTION 3: The Final Map of said subdivision tract is
24 hereby approved and the Ci ty of San Bernardi no hereby accepts
25 as public property all dedications within the subdivision as
26 shown on said Final Map for streets, alleys, (including access
27 rig h t s), d r a i nag e and 0 the r pub 1 ice as e men t s. A sac 0 n d i t ion
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12/11/86
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precedent to approval of the Final Map, the Subdivider shall
first execute the agreement referenced in Section 2 hereof for
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19 day of
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
regular
Bernardino at an adiournedf meeting thereof, held on the
da y 0 f
December
, 19~, by the following vote,
22nd
to-wi t:
AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
.I'MA~M,
City C 1 e r k
The foregoing resolution is hereby approved this ~~~
December
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Approved as to form:
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1 ty Attorney
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~~.B.II!!I!LL
(subdivision improvements)
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GREEMENT is made and entered into thiso?ot"~ay of
, 198;1, by and between the CITY OF SAN BERNARDINO
rporatiln, hereinafter referred to as "City", and
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CORPORATION ,herei nafter 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-
rlivision map (hereinafter called "map") entitled"
Tract 13029
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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,
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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 subdi vi s i on (herei nafter ca 11 ed "subdi vi s ion")
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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
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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, therei n
offered, and in order to insure sati s factory performance by Subdi vi del"
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi del" s own expense, in ,j 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 a~; hereinbefore
specifi ed, or with any changes requi red or ordered by sai d
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 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 City Engineer mav extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful oerformance of this agreement.
The Citv Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have renlaced, or repair, or have
repaired, as the case may be, all niDes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pl~(:e cr pave 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 propertv damaged or destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or any a!lencv or
pOlitical subdivision thereof, or by the City or by any rlUblic or
private corporation, or by any person whomsoever, or hv any combina-
tion of such owners. Any such renair or replacement shall be to the
satisfaction, and suhject to the anproval, of the Citv 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
corpori.tic'n involved, to the effect that Suhdividpf has made <111
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
such public utility corporation within the Subdivision.
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Permits:
Compliance .vith 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 re~uired bv
law. Subdivider shall comply 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 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 r.f 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) !In amount E(:ual tr- at least one hundred percent of the total
estimated cost of the improvement 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 1ecst fiftv percent of t~e total estimated
cost of the imnrovements and acts to be nerformed as security for
the payment of all persons performing labor and furnishing mater-
ia1s in connection with this agreement; and
(3) An amount enua1 to at least twenty-five percent of the total
est'mated cost of the improvements and acts to be oerf(.rrnec! es
security for the guarantee and warranty of the work for a oeriod 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 securitv and in add-
ition to the face amount of the securitv, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred bv City in successfullv enforcing the
obligation secured. The tvpe of securitv 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 be at the option of and subject to the annroval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, forr.1ess
from any liability for damage or c1air:ls for damage for personal injury,
incllldinq death, as "/ell as from claims for prooertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aQents'
or employees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directlv 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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appointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to hal/'e bee!' caused, bY reason of any of the aforesaid
operaticm, provided as follows:
a. That City 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 1'nl' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraoh,
regardless of whether or. not Citv has prepared, supolied 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 applicable to anv of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Suhdivider
shall hav( obtained all insurance re~uired under this oaragraph and
such insurance shall have been approved by Citv Attornev as to form,
amount and carrier, nor shall ~ubd;v;der allow any contractor or Suh-
contractor to commence ~:crk cn hi s contract or subcontract until a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and aoproved. All reOUil"emE'nts herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivirer's emnlovees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, 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 any Workmen's
C0mpr:nsvtion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide. adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City 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 Damage Insurance
Subdivider shall take out and maintain durinq the life of this
agreement such oublic liability and nroperty damage insurance
as shall insure City, its elective and anpointive boards. commis-
sions. officers, agents and employees, Subdivider ar.d any contra(
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including rleath,
as well as from claims for nronerty c1ama'1e which may arise from
Subl1ivider'!, 01' any contractor's or subcontractor's operati ons
hereunder, whether such operatiors be bv Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liahil~~Insurancp.
In an amount not ~(ss than $ 100,000.00
for
injuries, including, but not limited to, death, to any
one person and, subject to the same limi t for each
person, in an amount not less than S 300,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the property of each nerson on account of any
one occurren ce.
Ir. 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-
li6bility endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor f.r sutcortractor
performing work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv with the execution
hereof, with satisfactory evidence of the insurance reauired, 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 ~eriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all imnrovements constructed hereunder
bv 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 accertance of the
worK oerfnrmed uncer this agreement, any structure or rart of any
strltct,lre fllrni~hec' Md/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 requirements
of this agreement or the specifications referred to hen~ir:, Sub-
divider shall without delay and without any cost to City, renair
or replace or reconstruct any defective or otherwise unsatisfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this reauirement, or
should the exigencies of the Subdivid(:r car. ~e rotified, 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 ,;Of'nts cf Citv 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 insnections and otllf.'r sHvi 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 dilioence as will insure
its completion within the time specified, or anv extensions thc:ro'
or fails to obtain completion of said work within such time, or if
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the Subdi vi del' shoul d be adj ud(j('d a bank rUllt. or Subdi vi del'
should make a general assion '!lent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd1\'iC:o" s insolvency, or if Sut-<~i\'icEr, 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 ~H'itten notice uron Subdivider and Subdivider's
'surety of br'each of this agreement, or of any pcrtion 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 ow;r anc cOl!"rlete \:he l'lork and the improvor.lent
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 perforl1l~nc(
tr.ereof 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 deer.l advisable, for
the account and at 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, apnliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Noti ces
All notices herein required shall be in writing, and delivered
in person or sent bv regi s tered ma il, pos tage prepa i d.
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Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardin~,
California 92418.
Notices reouired to be given to Subdivider shall be addressed as follows:
FORECAST MORTGAGE CORPORATION
7365 Hellman Avenue
Rancho Cucamonqa, CA 91730
Notices required to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance Company
P.O. Box 3343
Anaheim, CA 92803
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.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
II the day and vear fi rst above written.
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COUNTY OF
STATE OF CALIFORNIA
San Bernardino
}SS
5th December
On this day of
a Notary Public in and for said County and State, personally appeared
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Jamps 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 .T;:!,mc>~ Rrlnk'in
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 knl)lNn 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 nd and official seal.
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. omCIAL 5BAL
BONNIE L MULLIN'
NOTARY PUBUC. CALFORNIA
SAN BERNAFlDlNO COUNTY
My Comm. ExpIm July 31, '990
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(This area for official seal)
INSTRlJr.TIr:lNS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-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 si~ned bv all partners. If the
. 3 Subdivider is an individual doing business under a fictitious name. i~ 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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