HomeMy WebLinkAbout1983-396
10 . ;
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO.
83-396
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING
AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT
NO. 11744, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH
STREET AND WEST OF LITTLE MOUNTAIN DRIVE.
3
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
5
6
SECTION 1. The Mayor and Common Council find that
7
proposed Subdivision Tract No. 11744, located south of
8
Northpark Boulevard, north of 48th Street and west of Little
9
Mountain Drive, together with the provisions for its design and
improvements,
is consistent
with the General Plan of the City
of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino
is authorized on behalf of said City to execute an agreement
.with Barratt Northern California Inc., and release the existing
agreement with Barratt Southern California Inc., for the
improvements in said subdivision Tract as are required by Title
18, Municipal Code of City and the California Subdivision Map
Act. A copy of the agreement is attached hereto as Exhibit 1
and incorporated herein by reference. Said improvements are
specifically described and shown on Drawing No. 6105, approved
and on file in the office of the City Engineer of the City of
San Bernardino.
SECTION 3.
The Subdivider shall first execut~'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.
1
.
1
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
2
Bernardino at a
regular
3
21st
day of
November
4
to-wit:
5
AYES:
Council Members
Castaneda, Rei.lly, Hernandez,
6
meeting thereof, held on the
1983, by the following vote,
NAYS:
Narks, Qui.el, Frazier, Strickler
7
None
8
ABSENT:
None
9
10
11
/'
~_u__~.
City C erk
12
c2/ff
day of
The foregoing resolution is hereby approved
this
November
13
14
15
16
17
Approved as to form;
18
kfh~P
ity At orney
19
20
21
22
23
24
25
26
27
28
, 1983.
2
,
.
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
A~.B.IIMI!!r.
(subdivision improvements)
THIS AGREEMENT is made and entered into this ~~day of
~~ ' 19~ by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
BARRATT NORTHERN CALIFORNIA, INC.
, hereinafter referred to as
"Subdivider".
.B.If.lTAhi:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT 11744
"
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,
! designated in the map,
the subdivision (hereinafter called "subdivision")
~ J
all in accordance wi~h, and as required by, the
: plans and specifications for all or any of said improvements in,
I
:1 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 witrr the City.
9
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
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 Subdivider
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 Subdivider's own expense, in a good and
workmanlike manner, and furnish all req'uired 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-
,
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
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 Engineer ma," extend
the time for completion of the improvements hereunder. Any such
extension m~y 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 performance of this agreement.
The Citv Engineer shall be the sole and final,iudge 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 re~Jaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on the
map whi ch have been destroyed or damaged, and Subdivi der sha 11 re-
place cr have replaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed by 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 anv agency or
political subdivision thereof, or by the City or by any Dublic or
private corporation, or by anv person whomsoever, or bv any combina-
tion of such owners. Any such renair or replacement shall be to the
satisfaction, and subject to the approval, of the Citv Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
- 3 -
I
-
.
1
2
of any work to be performed within the area delineated on the map.
a written statement signed b.v Subdivider. and each pUblic utilitv
corporation involved. to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
3
4
5
6
such publ ic uti1 ity corporation within the Subdivision.
7
.,
. .
Permits:
Compliance with Law
8
9
Subrlivider shall. at Subdivider's expense. obtain all necessarv
10
permits and licenses for the construction of such improvements.
give all necessary notices and pay all fees and taxes required by
law.. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by$ubdivider
Subdivider shall give personal superintendence to the work on
said improvement. or have a competent foreman or Superintendent.
11
12
13
14
15
16
satisfacto~v to the Citv Engineer on the work at all times during
progress. with authority to act for Subdivider.
9. Inspect;(lo by City
Subdivider shall at all times maintain proper facilities and
17
18
19
20
provide safe access for inspection bv City. to all parts of the
work. and to the shops wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof. Subdivider shall furnish
.
21
22
23
24
to City improvement security as follows:
(1) An amount equal to at least one hundred percent of the total
25
26
27
28
estimated cost of the improvement and acts to be performed as
sec~rity for the faithful performance of this agreement;
- 4 -
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
(2) An amount equal to at least fiftv percent of the total estimated
cost of the improvements and acts to be performed as securitv for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est:mated cost of the improvements and acts to be oerformed es
security for the guarantee and warranty of the work for a period 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 securitv, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by City in successfully enforcing the
obligation secured. The type of securitv furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino ~unicipal Code; and
the type sha 11 be at the orti on of and subject to the aporova 1 of
the City 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, ~arwless
from any liability for damage or claims foy' damage for personal injury,
including death, as well as from claims for property damage which mav arise
from SUbdivider's or Subdivider's contractors', subcontractors', agents'
or empl~yees' 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 directly or indirectly emr16yed by, or
acting as agent for, Subdivider or any of Subdivider's cOntractors or
subcontractors. Subdivider acrees to, and shall, defend City, and its
- 's -
.
24
25
26
27
28
I'
I or claims for damages.
12. Subdivider's Insurance
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
I
I
I
.
i
,
:
,
,
apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eouitv for damages caused,
or alleged to ha~e beer caused, bV reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not" ~/aive anv 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 Citv by Subdivider, or cny of the insurance policies
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 paragraph,
regardless of whether 01" not Citv has oreoared, supplied or
approved of, nlans 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
,
Subdivider shall not commence work under this agreement until Subdivider
shall hav10 obtained all insurance required under this oaragranh and
such insurance shall have been approved by Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow anV contractor or Sub-
contractor to commence work en his contract or subcontract until all
simll ar insurance required of the contractor or subcontractor shall
have been so obtained and approved. 1\11 reoui,"emen"tsherein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
- 6 -
;
,
''!l''it.~_ -~t"'-~~,-r 'W<l
,
~..
1
a. Compensation Insurance
2
Subdivider shall maintain, durin9 the life of this agreement,
3
Workmen's Compensation Insurance for all Subdivider's emoloyees
4
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
5
6
7
8
9
contractor's or subcontractor's emoloyees, unless such emoloyees
are covered by the protection afforded by Subdivider. In case
10
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
Ccmpp.ns~tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise protected. Subdivider
shall indemnify City for any damage resulting to it from failure
of either Subdivider or any cOntractor or subcontractor to take
11
12
13
14
15
16
17
18
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durin9 the life of this
19
'agreement such public liability and ptopertv damage insurance
20
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider and anY contra
21
22
23
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal injurv, including death,
as well as from claims for property damaqe which may arise from
24
25
26
27
28
SUbl1ivider's 01' any contractor's or subcontractor's operations
hereunder, whether such operatiops be by Subdivider or anv
contractor or subcontractor, or bv anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor
and the amounts of such insurance shall be as follows:
- 7 -
(1) Public Liabilitv Insurance
In an amount not 1ess than $ 100,000.00
for
injuries, including, but not limited to, death, to anv
one person and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the property of each person on account of any
one occurrence.
In the ev~nt that any of the aforesaid insurance policies
provided for-in this Paragraph 12 insures any entitv, oerson,
board or commission other than those mentioned in this para-
graph., such pol icy shall contain a standard form of cross-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcontractor
performi ng work covered bv thi s agreement.
13. Evidence of Insurance
Subdivider shall furnish Ci~y concurrently with the execution
hereof, with satisfactOrY evidence of the insurance required, 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 poli~y during the effective oeriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in Ci~y, upon completion and
acceptance of such improvements by Ci~v.
- 8 -
I
1
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
work performed under this agreement, anv structure or nart of any
2
3
4
structure furnished and/or installed or constructed, or caused
5
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to herein, Sub-
6
7
8
9
divider shall without delay and without any cost to City, renair
10
or replace or reconstruct any defective or otherwise unsat~sfact-
o~y part or parts of the work or structure. Should Subdivider
11
12
fail to act promptly or in accordance with this requirement, or
should the eXigencies of the Subdivid(:r car. he notified, City may at
its option, make the necessary repairs or replacements or oerform
13
14
the necessary work and Subdivider shall pay to City the actual
cost Of such repa irs plus fi fteen percent (15%).
16. Subdivider Not Agent of City
15
16
17
18 .
19
20
21
22
23
24
commencing any construction.
25
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain nrosecution of the work,
or any severable part thereof, with such diligence as will insure
its completion within the time specified, or anY extensions thero~,
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
IS
16
17
18
19
20
21
22
23
24
25
26 .
27
28
19
20.
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
Subdivicer's insolvency, 01" if SlIbciivicer, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivicer's
'surety of breach of this agreement, or of any pc.rtion thereof,
and defaul t of Subdivider.
Breach of Agreement; Perfonnance bv Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take oVl.:r ane comp.l ete the work 1!nd the ill]provement
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of br:each,
<:,,;"
does not give City written notice of its intention to take over
the performance of the cOntract, and does not cOllllneryce performance
thereof within five days after notice t9 City of such election,
City may take over the work and prosecuteth'e same to. compl eti on,
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 1 i ab 1 e to City for an.v excess cost or damages
occasioned City there~y; and, in such event, City, without liabi-
li~y 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.
- 10 -
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17 i.
18
19
20
Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices required to be given to Subdivider shall be addressed as follows:
BARRATT NORTHERN CALIFORNIA, INC.
23632 Calabasas, Rd., Suite 201, Calabasas, Ca. 91302
Notices required to be given surety of Subdivider shall be addressed as
foll ows:
FRED S. JAMES COMPANY
P.O. Box 7601, San Francisco, Ca. 94120
IN WITNESS WHEREOF, the parties hereto have executed tMs agreement on
the day and year fi rst above written.
ATTEST:
SUBDIVIDER
CORPORATE ACKNOWLEDGMENT
NO. 202
State of ~,qt-/ "rpe~ I ~ }
County of ~s 4'55Le:S 55.
]
7120122
OFFICIAL SEAL
KIM Me INERNEY
~JOTARY PUBLIC ~ CALIFORNIA
LOS ANGELES COUNTY
My camm. expires SEP 20, 1985
Onthisth~Sr:;aYOf ()C70r8 cK 19.f'i\'beforeme,
- /S;:::: /PI0McR~E. V
the undersigned Notary Public., personally appea~eV' _
Jr9r><EOS 2:J. ~c/~ VIC-c ,e;s/~l'-",-, I
.::TiP/' AJ ;-I. (:7;;htVUO,,",., /tSJT S t=..""'y "
o personally known to me
r;' proved to me on the basis of satisfactory evidence
10 be the person(s) who executed the within instrument as
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITN ESS y h d and offici eal.
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4825 . WOOdland Hill., CA W1384
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
Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed by 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
Subdivider.
- 12 -
ROBERT W. NOEL & ASSOCIATES
23701 BIRTCHER VRIVE, SUITE A
EL TORO, CALIFORNIA 92630
(714) 837-6635
NAME AND ADDRESS Of INSURED
BARRATT-NORTHERN CALIFORNIA, INC. A VELAWARE
CORPORATION VBA: BARRATT-LOS ANGELES
23632 CALABASAS ROAV #201
CALABASAS, CALIFORNIA 91302
COMPANIES AFFOROING COVERAGES
COMPANY A
LETTER
COMPANY B
LETTER
TRANSAMERICA INSURANCE COMPANY
INSURANCE COMPANY OF NORTH AMERICA
COMPANY C
lETIER
COMPANY 0
LETTER
COMPANY E
lETTER
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any, requirement, term or condition
of any contract or other document with respect to which this certificate may be issued or may pertain. the Insurance afforded by the polICies descflbed herein is subject to all the
terms, exclusions and conditions of such policies.
POLICY Limits of lIabili in T Qusa" s
POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
7-1-85 BODilY INJURY . .
1887 56 01
PROPERTY DAMAGE . .
COMPANY
lETTER
TYPE OF INSURANCE
A
GENERAL LIABILITY
n COMPREHENSIVE FORM
G PREMISES-oPERATIONS
a EXPLOSION AND COllAPSE
HAlARD
[21: UNDERGROUND HAZARD
o PROOUCTSICOMPl[lEO
OPERATIONS HAZARD
GCONTRACTUAl INSURANCE
o BROAD FORM PROPERTY
DAMAGE
o INDEPENDENT CONTRACTORS
[] PERSONAL INJURY
AUTOMOBILE LIABILITY
o COMPREHENSIVE FORM
DOWNED
o HIRED
o NQN.()WNED
EXCESS LIABILITY
D UMBRELLA fORM
D OTHER THAN UMBREllA
FORM
B
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
C2 11 80 592
OESCRIPTION Of QPERATIQNSlLOCATIQNSNEHIClES
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
. 500
. 500
PERSONAL INJURY
. INCL.
BODilY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
PROPERTY DAMAGE
BODilY INJURY AND
PROPE RTY DAMAGE
COMBINED
.
.
.
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
.
7-1-84
JOB: TRACT 11744 - WOOVISVE AKA: COLLEGE PARK - SAN BERNARDINO, CALIFORNIA
Cancellation: Should a~Y.9.!.lh~.p.p.9ve described poliCies be cancelled before the expiration date thereof. the.!~.~~\QJl.~9.~:.
pany will~ mail --3..D- days written notice to the below named certificate holder,~
~
NAME AND ADDRESS OF CERTifICATE HOLDE R
CITY OF SAN BERNARDINO
300 NORTH "V" STREET
SAN BERNARDINO, CALIFORNIA
ATTN: YUAN KIM
92418
