HomeMy WebLinkAbout1979-307
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RESOLUTION NO. ~J?~
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 10431 LOCATED WEST OF STATE COLLEGE PARKWAY, NORTH
OF COLLEGE AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN
SAID SUBDIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed Subdivision
Tract No. 10431 Located West of State College Parkway and North of College
Avenue together with the provisions for its desi9n and improvements is con-
sistent 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 McCarty Company of Southern
California for the improvements in said Subdivision Tract as are required
by City Ordinance No. 1984 and the California Subdivision Map Act. Said
Improvents are specifically described and shown on Drawing No. 5543 and 5546
approved and on file in the Office of the City Engineer of the City of San
Bernardino.
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SECTION 3. The Final Map of said Subdivision Tract is hereby approved
and the City of San Bernardino hereby accepts as public property all dedicat-
ions and offers of dedications within the subdivision as shown on said Final
Map for streets, alleys, including access rights, drainage and other public
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easements. As a condition precedent to approval of the Final Map, the sub-
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divider shall 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.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and CODllllOn Council of the City of San Bernardino at a..?V
_d6f4U_M?/d/ ~--<.~~/
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day of
meeting thereof, held on the d-?
Councilmen ~A7fF/7?/~~ A'/.ANA-d", ~A47L?4?~/
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AYES:
NAYS:.
ABSENT :
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, 1979, by the following vote, to wit:
~.&?L2/ d"~~
./ City Clerk
o1.5'dt
day
The foregoing resolution is hereby approved this
of
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to form:
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City At orney
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A G R E E MEN T
(subdivision improvements)
,~ 'rHIS AGREEMENT is made and entered into this ~,;l/'< day of
, 1972--, by and between the CITY OF SAN BERNARDINO
j~
:a municipal
corporation, hereinafter referred to as "City", and
MC CARTHY CO. OF SOUTHERN CALIFORNIA
, hereinafter referred
to as "Subdivider".
R E C I TAL S:
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "map") entitled "
TRACT NO. 10431
"
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
construction and completion of improvements, including all streets,
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20 a part of, or appurtenant to, the subdivision (hereinafter called
21 '''subdivision'') designated in the map, all in accordance with, and
22 as required by, the plans and specifications for all o~ any of
23 said improvements in, appurtenant to, or outside the limits of
24 subdivision, which plans and specifications are now on file in the
2S office of the City Engineer of City.
Council has approved said map and accepted the dedications
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27 ,there in of fered, or some thereof, on condi tion that Subdivider
28 first entex into and,execute this agreement with City.
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This agreement is executed pursuant to the provisions of
he Subdivision Map Act of the State of California and Ordinance
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o. 1984 of City.
NOW, THEREFORE, for and in consideration of the approval
f the map and of the acceptance of the dedications or some thereo~,
herein offered, and in order to insure satisfactory performance I
y Subdivider of Subdivider's obligations under said Subdivision
p Act and said ordinance, the parties agree as follows:
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1. Performance of Work
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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,
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all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
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subdivision to complete the improvements in accordance
with the plans and specifications on file as herein-
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before specified, or with any changes required or
ordered by said Engineer, which in his opinion are
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necessary or required to complete the work.
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2. Work: Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the
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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 bffice, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of sai~
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work to be within
TWO (2) YEARS
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from the date hereof.
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4. Time of Essence - Extension
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Time is of the essence of this agreement; provided, tha
in the event good cause is shown therefor, the City
Engineer may extend the time for completion of the
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improvements hereunder. Any such extension may 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 performancE
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of this agreement. The City Engineer shall be the sole
and final judge as to whether or not good cause has beet
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sho~ ~o entitle Subdivider to an extension.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair,
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or have repaired, as the case may be, all pipes and
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monuments shown on the map which have been destroyed
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or damaged, and Subdivider shall replace or have re-
placed, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or
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repairs, of any and all property damaged or destroyed
by reason of any work done hereunder, whether such
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property be owned by the United States or any agency
thereof, or the State of California, or any agency or
political subdivision thereof, or by the city or by
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any public or private corporation, or by any person
whomsoever, or by any combination of such owners. Any
such repair or replacement shall be to the satisfaction.
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and subject to the approval, of the City Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the
area delineated on the map, a written statement signed
by Subdivider, and each public utility corporation in-
volved, to the effect that Subdivider has made all
deposits legally required by such public utility corpor
ation for the connection of any and all public utilitie
to be supplied by such public utility corporation
within the subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all
necessary permits and licenses for the construction of
such improvements, give all necessary notices and pay
all fees and taxes required by law. Subdivider shall
comply with all provisions of the Subdivision Map Act
and City Ordinance No. 1984.
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 wbrk at all times during progress, with authority
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to act for Subdivider.
9.
Inspection
subdivider
by Ci ty
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all tiines maintain proper facilities
and provide aaff,i tlcCless'fot)insp~ction by City, to all
parts of the work, and to the shops wherein the work
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is in preparation.
10. Contract security
Concurrently with the executio~ hereof, Subdivider shaLl
furnish to City improvement . ,security as follows:
(1) An amount equal to at least one hundred percent
of the total estimated cost of the improvements
and acts to be performed as security for the
faithful performance of this ~greement; :
(2) An amount equal to at least fifty percent of the
total estimated cost of the improvements and acts
to be performed as security for the payment of al]
persons performing'labor and furnishing materials
in connection with this agreement; and
(3) An amount equal to at least twenty-five percent
of the total estimated cost of the improvements
and acts to be performed as security for the guar-
antee and warranty of the work for a period of on~
(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 by the security and in addi~
tion to the face amount of the security, 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 security furnisheQ
shall be in the form of bonds, deposits or letters
of credit as provided in City Ordinance No. 1984
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and the type shall be at the option of and subject
to the approval of the City Engineer and the City
Attorney.
11. Hold Harmless Agreement
Subdivider hereby agrees to, and shall,hold City, its
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elective and appointive boards, commissions, officers,
agents and employees, harmless from any liability for
damage or claims for damage for personal'injury, inclu-
ding death, as well as from claims ~or property damage
which may arise from Subdivider's or Subdivi~erls con-
tractors', subcontractors', agents' or employees'
operations under thisaqreement, wh~ther sw;:h operation
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be by Subdivider or by any of Subdivider's contractors,
subcontractors, or by anyone or more persons directly
or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcon
tractors. Subdivider agrees to, and shall, defend
City, and its elective and appointive boards, commissio 5,
officers, agents and employees from any suits or action
at law or in equity for damages caused, or alleged to
have been caused, by reason of any of the aforesaid
operations, 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
of the acceptance by City, or the deposit with City
by Subdivider, of any of the insurance pOlicies
described in Paragraph 12 hereof.
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b. That the aforesaid hold harmless agreement by Sub-
divider shall aPIly to all damages and claims for
damages of every kind suffered, or alleged to
have been suffered, by reason of any of the afore-
said operations referred to in this paragraph, re-.
gardless of whether or not City has prepared,
supplied or approved of, plans and/or specification
for the subdivision, qr regardless of whether or
not such insurance policies shall have been deter-
mined to be applicable to any of ,such damages or
claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount
and carrier, nor shall Subdivider allow any contractor
or subcontractor to commence work on his contract or
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subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained
and approved. All requirements herein provided shall
appear either in the body of the insurance policies or
as endorsements and shall specifically bind the insur-
ance carrier.
a. Compensation Insurance
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation Insurance for all
Subdivider's employees employed at the site of im-
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provement, and in case any work is sublet, Subdivid
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insuran e
for all contractor's or subcontractor's employees,
unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at the
site of the project is not protected under any
Workmen's Compensation law, Subdivider shall provid~
and shall cause each contractor and subcontractor to
P Dvide, adequate insurance for the protection of
,employe'es 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 out or maintain such insurance
b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the Ii e
of this agreement such public liability and property
damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreement
from claims for damages for personal injury, inclu-
ding death, as well as from claims for property
damage which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any
contractor or subcontractor, or by anyone directly
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or indirectly employed by either Subdivider or allY
contractor or subcontractor, and the amounts of ~~cq
insurance shall be as follows:
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(1)
Public Liability Insurance
In an amount not less than $ 100,000.00 fOl:
injuries, including, but not limited to, death,
to anyone person and, subject to the same
limit for each person, in an amount not less
than $ 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 person on accoun
of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such policy shall
contain a standard form of cross-liability endorse-
ment, insuring on such policy City, its elective
and appointive boards, commissions, officers, ag8nts
and employees, Subdivider and any contractor or sub~
contractor performing work covered by this agreement
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of t~e
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
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of the cancellation or reduction in coverage of any
policy during the effective period 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.
15. Repair or Reconstruction of Defective Work
.
If, within a period of one year after final acceptance
of the work perform4;ld under this agreement, any structy.J't<
or part of any structure furnished and/or installed or
constructed, or. Caused 'to be installed or constructed by
Subdivider, or any of the work done under this agreemeht,
fails to fulfill any of the requirements of this agree-
ment or the specifications referred to herein, Subdivider
shall without delay and without any cost to City, repair
or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structur~.
Should Subdivider fail to act promptly or in accordance
wi th this requirement, or should the exigencies of the
Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perforll<
the necessary work and Subdivider shall pay to City the.
actual cost of such repairs plus fifteen percent (15%j.
16. Subdivider Not Agent of City
Neither Subdvider nor any of Subdivider's agents or con-
tractors are or shall be considered to be agents of City
in connection with the performance of Subdivider's obli-
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gations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit
fees for all engineering inspections and other service
connected with the City in regard to the subdivision.
Said fees shall be paid prior to commencing any con-
struction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution D
the work, 0 I any severable part thereof, with such
diligence as will insure its completion within the tim
specified, or any extensions thereof, or fails to obta n
completion of said work within such time, or if the
Subdivider should be adjudged a bankrupt, or Subdivide
should make a general assignment for the benefit of
Subdivider's creditors, or if a receiver should be
appointed in the event of Subdivider's insolvency, or 'f
Subdivider, or any of Subdivider's contractors, subcon
tractors, agents or employees, should violate any of tIe
provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Slb-
divider's surety of breach of this agreement, or of an}
portion thereof, and default of Subdivider.
19. Breach of Agreement: Performance by Surety or City
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the work
and the improvement herein specified; provided, however
that if the surety, within five days after the serving
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upon it of such notice of breach, does not give City
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written notice of its intention to take over the perfor
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mance of the contract, and does not commence performanc
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thereof within five days after notice to City of such
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election, City may take over the work and prosecute the
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same to completion, by contract or by any other method
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City may deem advisable, for the account and at the
~xpense of Subdivider, and Subdivider's surety shall be
liable to City for any excess cost or damages occasione
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City thereby; and, in such event, City, without liability
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for so doing, may take possession of, and utilize in
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c.ompleting the work, such materials, appliances, plant
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and other property belonging to Subdivider as may be
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on the site of the work and necessary therefor.
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20, Notices
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All notices herein required shall be in writing, and de~
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livered in person or sent by registered mail, postage
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prepaid,
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Notices required to be given to City~hall be addressed
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as follows: City Administrator, City Hall, 300 North
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"D" Street, San Bernardino, California 92418.
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Notices required to be given to Subdivider shall be
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addressed as follows:
MC CARTHY CO. Of SOUTHERN CALIFORNIA,
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2535 WEST LA PALMA, ANAHEIM, CA 92801
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Notices required to be given surety of Subdivider shall
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be addressed as follows: Al Barker Bonds, 685 Carondelet St.
Los Anqeles, California 90057
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21t
Provided that any party or the surety may change such
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!r<.t:~=i\;~,;I~i":~ ~;J;:t,':'::;~;~'S'm::~~~;~;<\'?"~~~i!/:::;f~"'~
address by 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 the day and year first above written.
ATTEST:
. ~m.~~t//
e:1 ty Cler
~ to fo=, t:?
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C tyttorney
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By
INSTRUCTIONS
If the Subdivider is acorporation~the agreement must be
executed in the corporate name and Signed by the President or a
Vice-President and" the Secretary or Assist'ant Secretary, and tne
corporate seal affixed. If the SUbdi'ltider is, 'agartnerShip, it
must be signed by all partners. If the Subdivider is an indiv{dual
doing business under a fictitious name, it must be signed by all
persons having an interest in the business, and the fictitious
name must be signed also. The agreement must be notarized by the
Subdivider.
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COUNTY OF OrRnfe
On Mav 1_ 1979 before me, the undersigned, a Notary Public in and for said
State, personally appearerl Louis J. Malone
known to me to be the Exec. Vice President, anrl Anita E. Balding
known to me to be A .Q.At" Secretary
of the corporation that executed the within Instrument,
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
within instrument pursuant to its by-laws or a resolution of
its board of directors.
TO 19415 CA (B.74)
(Corporation)
STATE OF CALIFORNIA
} SS.
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WITNESS my hand and official seal.
Signature cf hI./ ./' /LJ /y
Ethel L. Henley
IIf1TITLE INSURANce
AND TRUST
A nCOR COMPANY
.............................,
: OFFIClAL SEAL
:.. ETHEL L. HENLEY
· e NOTARY PUBLIC. CALIFORNIA
: ORANGE COUNTY
.' My Commission Expires MIy II, 1912
.~..........................
(This area foe official notarial seal)