HomeMy WebLinkAbout1979-349 i
RESOLUTION N0.
t RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
FOR SUBDTVISION TRACT N0. 10763 LOCATED ON THE NORTH SIDE OF NORTH PARK
2 ~ BLVD. AT THE TERMINUS OF MOUNTAIN DRIVE: ACCEPTING THE PUBLIC DEDICATIONS
AS SET FORTH ON SAID MAP;. AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR
3 I, THE IMPROVEMENTS IN SAID SUBDIVISION.
a I BE IT RESOLVED SY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Comran Council find that proposed Subdivisio
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Tract No. 10763 Located on the North side of North Park Blvd. at the ~
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terminus of Mountain Drive together with the provisions for its design and ~
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improvements is consistent with the General Plan of the City of San Bernar-
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I dino is authorized on behalf of said City to execute an agreement with
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Covington Brothers Technologies, a California Corporation for the improve-
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ments in said Subdivision Tract as are required by City Ordinance No. 1984
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and the California Subdivision Map Act. Said Improvements are specifically
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described and shown on Drawing No. 5630 approved and on file in the Office
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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
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and the City of San Bernardino hereby accepts as public property all dedi-
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cations and offers of dedications within the subdivision as shown on said
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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
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subdivider shall first execute the agreement referenced in Section 2 hereof
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for the improvements within said subdivision. The City Clerk shall certify
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the approval and acceptance of the Mayor and Common Council as set forth
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in this resolution.
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1 ~ I HEREBY CERTIFY that the foregoing resolution was duly adopted
2 ~ by the Mayor and Common Council of the Cit of San Bernardino at a
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3 meeting thereof, held on the ~ day of
4 ~//lii ~ , 19~, by the following vote, to wit: ~
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' g AYES: Councilmen /jj/i /T ~y/~~~./
7 I NAYS:. y~s~nli
g ~ ABSENT: ~mGm/~~mo/7 ~sii~4~ i~i~~n
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~ City Clerk
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The foregoing resolution is hereby approved this day
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j of ~~~i~ , 19 j~.
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IS o ie ity of S. ernardino
16 Approved as to form:
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ity At orneq
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A G R E E M E N T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this day of
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147 , by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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BROTHERS TflCHIJOLOGIES hereinafter referred
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to as "Subdivider".
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R E C I T A L S:
Subdivider has presented to City for approval a final
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subdivision map (hereinafter called "map") entitled "
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-Tract Nis[~ber 10763
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"
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The map has been filed with the City for presentation to
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the City Council (hereinafter called "Council") of the City for
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its approval, which map is hereby referred to and incorporated
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herein.
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Subdivider has requested approval of the map prior to the
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construction and completion of improvements, including all streets,
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19 highways or public ways and public utility facilities which are
~ apart of, or appurtenant to, the subdivision (hereinafter called
21 "subdivision") designated in the map, all in accordance with, and
~ as required by, the plans and specifications for all o:. any of
~ said improvements in, appurtenant to, or outside the limits of
~ subdivision, which plans and specifications are now on file in the
~ office of the City Engineer of City.
~ Council has approved said map and accepted the dedications
~ therein offered, or some thereof, on condition that Subdivider
~ first entex into and execute this agreement with City.
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This agreement is executed pursuant to the provisions of ~
2 he Subdivision Map Act of the State of California and Ordinance
3 0. 1984 of City,
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a NOW, THEREFORE, for and in consideration of the approval
5 f the map and of the acceptance of the dedications or some thereo ,
6 herein offered, and in order to insure satisfactory performance
7 y Subdivider of Subdivider's obligations under said Subdivision
8 p Act and said ordinance, the parties agree as follows:
9 ~ 1. Performance of Work
t0 i Subdivider will do and perform, or cause to be done and
t1 performed, at Subdivider's own expense, in a good and ~
t2 workmanlike manner, and furnish all required materials
13 all to the satisfaction of the City Engineer of City
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to j the work and improvements within (and/or without) the
t5 subdivision to complete the improvements in accordance
16 with the plans and specifications on file as herein-
t7 before specified, or with any changes required or
l8 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
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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
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shown upon the plans and specifications therefor, here-
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tofore approved by City Engineer and which are now on
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file in his office, and to the satisfaction of said City
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Engineer.
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3. Work; Time for Commencement and Performance
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City hereby fixes the time for the completion of sai~.
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1 I work to be within tceo (2) years II
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from the date hereof.
3 4. Time of Essence - Extension
4 Time is of the essence of this agreement; provided, tha~
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5 ~I in the event good cause is shown therefor, the City '
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~ Engineer may extend the time for completion of the
~ '!j improvements hereunder. Any such extension may be
8 granted without notice to the Subdivider's surety, and
9 extensions so granted shall not relieve the surety's I~
10 liability on the bond to secure the faithful performance)
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11 of this agreement. The City Engineer shall be the sole
t2 and final judge as to whether or not good cause has beer
i3 shown to entitle Subdivider to an extension.
l4 5. Repairs and Replacements
15 Subdivider shall replace, or have replaced, or repair, ~
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or have repaired, as the case may be, all pipes and
t7 monuments shown on the map which have been destroyed
t8 or damaged, and Subdivider shall replace or have re-
19 placed, repair, or have repaired, as the case may be,
20 or pay to the owner, the entire cost of replacement or
21 repairs, of any and all property damaged or destroyed
22 by reason of any work done hereunder, whether such
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property be owned by the United States or any agency
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thereof, or the State of California, or any agency or
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political subdivision thereof, or by the City or by
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any public or private corporation, or by any person
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whomsoever, or by any combination of such owners. Any
28 such repair or replacement shall be to the satisfaction,
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and subject to the approval, of the City Engineer.
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6. Utility Deposits - Statement
3 ~ Subdivider shall file with the City Clerk, prior to tl~e
4 ~ commencement of any work to be performed within the
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area delineated on the map, a written statement signed
6 ~ by Subdivider, and each public utility corporation in-
~ volved, to the effect that Subdivider has made all ~
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deposits legally required by such public utility corpor~
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ation for the connection of any and all public utilities
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to be supplied by such public utility corporation
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within the subdivision. ~
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7. Permits: Compliance with Law
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Subdivider shall, at Subdivider 's expense, obtain all
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necessary permits and licenses for the construction of
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such improvements, give all necessary notices and pay
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all fees and taxes required by law. Subdivider shall
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comply with all provisions of the Subdivision Map Act
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and City Ordinance No. 1984.
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8. Superintendence by Subdivider
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Subdivider shall give personal superintendence to the
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work on said improvement, or have a competent foreman
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or superintendent, satisfactory to the City Engineer
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on the work at all times during progress, with authority
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to act for Subdivider.
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~ 9. Inspection by City
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Subdivider shall at all times maintain proper facilities
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and provide safe access for inspection by City, to all
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parts of the work, and to the shops wherein the work
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1 is in preparation.
2 10. Contract Security
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Concurrently with the execution hereof, Subdivider shall
a furnish to City improvement security as follows: ~
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(1) An amount equal to at least one hundred percent '
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6 of the total estimated cost of the improvements
~ and acts to be performed as security for the
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faithful performance of this agreement;
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9 (2) An amount equal to at least fifty percent of the
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total estimated cost of the improvements and acts
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to be performed as security for the payment of al]I
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persons performing labor and furnishing materials
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in connection with this agreement; and
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(3) An amount equal to at least twenty-five percent
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of the total estimated cost of the improvements
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and acts to be performed as security for the guar-
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antee and warranty of the work for a period of onq
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(1) year following the completion and acceptance
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thereof against any defective work or labor done,
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or defective materials furnished. As a part of the
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obligation guaranteed by the security and in addi-
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tion to the face amount of the security, there
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shall be included costs and reasonable expenses
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and fees, including reasonable attorneys' fees
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incurred by City in successfully enforcing the
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obligation secured. The type of security furnished
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shall be in the form of bonds, deposits or letters
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of credit as provided in City Ordinance No. 1984
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1 i and the type shall be at the option of and subject
2 to the approval of the City Engineer and the City
3 Attorney.
4 11. Hold Harmless Agreement
5 Subdivider hereby agrees to, and shall, hold City, its
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6 elective and appointive boards, commissions, officers,
7 agents and employees, harmless from any liability for
8 damage or claims for damage for personal injury, inclu-
9 ding death, as well as from claims for property damage
to which may arise from Subdivider 's or Subdivider 's con-
tt tractors', subcontractors', agents' or employees' ~
~2 operations under this agreement, whether such operation
13 be by Subdivider or by any of Subdivider 's contractors ,
t4 subcontractors, or by any one or more persons directly
i5 or indirectly employed by, or acting as agent for,
16 Subdivider or any of Subdivider 's contractors or subcon -
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tractors. Subdivider agrees to, and shall, defend
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City, and its elective and appointive boards, commissio
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officers, agents and employees from any suits or action
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at law or in equity for damages caused, or alleged to
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have been caused, by reason of any of the aforesaid
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operations, provided as follows:
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a. That City does not, and shall not, waive any rights
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against Subdivider which it may have by reason of
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the aforesaid hold harmless agreement, because of
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of the acceptance by City, or the deposit with City
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by Subdivider, of any of the insurance policies
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described in Paragraph 12 hereof.
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1 ~ b, That the aforesaid hold harmless agreement by Sub-
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2 i divider shall apFly to all damages and claims for
3 damages of every kind suffered, or alleged to
4 have been suffered, by reason of any of the afore-
5 said op erations referred to in this paragraph, re-
6 4 gardless of whether or not City has prepared,
~ supplied or approved of, plans and/or specification
8 for the subdivision, or regardless of whether or
9 not such insurance policies shall have been deter-
mined to be applicable to any of such damages or
~1 claims for damages.
12 12. Subdivider's Insurance
~3 Subdivider shall not commence work under this agreement
I4 until Subdivider shall have obtained all insurance
l5 required under this paragraph and such insurance shall
16 have been approved by City Attorney as to form, amount
i~ and carrier, nor shall Subdivideraallow any contractor
18 or subcontractor to commence work on his contract or
19 subcontract until all similar insurance required of the
20 contractor or subcontractor shall have been so obtained
21 and approved. All requirements herein provided shall
22 appear either in the body of the insurance policies or
23 as endorsements and shall specifically bind the insur-
24 ance carrier.
25 a. Compensation insurance
26 Subdivider shall maintain, during the life of this
27 agreement, Workmen's Compensation Insurance for all
28 Subdivider 's employees employed at the site of im-
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t provement, and in case any work is sublet, Subdivid r
Z shall require any contractor or subcontractor
3 similarly to provide Workmen's Compensation Insuran e
q for all contractor's or subcontractor's employees,
5 ~ unless such employees are covered by the protection
6 I afforded by Subdivider. In case any class of em-
7 ployees engaged in work under this agreement at the
g site of the project is not protected under any
g Workmen's Compensation law, Subdivider shall providQ
to and shall cause each contractor and subcontractor to
11 p nvide, adequate insurance for the protection of
12 employees not otherwise protected. Subdivider shall
~3 indemnify City for any damage resulting to it from
to failure of either Subdivider or any contractor or
IS subcontractor to take out or maintain such insurance
t6 b. Public Liability and Property Damage Insurance
t~ Subdivider shall take out and maintain during the li e
t8 of this agreement such public liability and property
t9 damage insurance as shall insure City, its elective
20 and appointive boards, commissions, officers, agents
21 and employees, Subdivider and any contractor or sub-
22 contractor performing work covered by this agreement
23 from claims for damages for personal injury, inclu-
2a ding death, as well as from claims for property
25 damage which may arise from Subdivider 's or any
26 contractor's or subcontractor's operations hereunder,
27 whether such operations be by Subdivider or any
28 contractor or subcontractor, or by anyone directly
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t I or indirectly employed by either Subdivider or a~~y
2 contractor or subcontractor, and the amounts of saci}
3 insurance shall be as follows:
4 (1) Public Liabilit insurance
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5 In an amount not less than $ 100,000.00 f~c
6 injuries, including, but not limited to, deatF,
~ I; to any one person and, subject to the same
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8 limit for each person, in an amount not less
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9 than $ 300,000.00 on account of any one
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occurrence;
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(2) Property Damage Insurance
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t2 ~ In an amount not less than $ 50,000.00 for ~
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damage to the property of each person on accoun~,
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of any one occurrence. ~
l5 ~ in the event that any of the aforesaid insurance
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policies provided for in this Paragraph 12 insures
~ 17 ~ a
~ any entity, person, board or commission other than
l8 those mentioned in this paragraph, such policy shall)
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contain a standard form of cross-liability endorse-
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ment, insuring on such policy City, its elective
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and appointive boards, commissions, officers, ag~n±s
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and employees, Subdivider and any contractor or subs
23 ~ contractor performing work covered by this agreement
24 13. Evidence of Insurance
25 i Subdivider shall furnish City concurrently with the
26 i execution hereof, with satisfactory evidence of t:e
27 j insurance required, and evidence that each carrier is
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required to give City at least ten days' prior notice
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t ! of the cancellation or ]:eduction in coverage of any
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2 policy during the effective period of this agreement.
3 ~ 14. Title to Improvements
a Title to, and ownership of, all improvements constructed
5 hereunder by Subdivider shall vest absolutely in City,
6 upon completion and acceptance of such improvements by
7 City. ~
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8 15. Repair or Reconstruction of Defective Work I
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9 If, within a period of one year after final acceptance
t0 of the work performed under this agreement, any structLLrei
tt i or part of any structure furnished and/or installed or
[2 constructed, or caused to be installed or constructed by
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13 Subdivider, or any of the work done under this agreement,
t4 fails to fulfill any of the requirements of this agree-
(S ment or the specifications referred to herein, Subdivider
16 shall without delay and without any cost to City, repair)
17 or replace or reconstruct any defective or otherwise
' t8 unsatisfactory part or parts of the work or structure.
!9 Should Subdivider fail to act promptly or in accordance
20 with this requirement, or should the exigencies of the
21 Subdivider can be notified, City may, at its option,
22 make the necessary repairs or replacements or perfort~~
23 the necessary work and Subdivider shall pay to City the,
24 actual cost of such repairs plus fifteen percent (15~si.
25 16. Subdivider Not Agent of City
26 Neither Subdvider nor any of Subdivider 's agents or con-
27 tractors are or shall be considered to be agents of City
28 in connection with the performance of Subdivider 's obli-
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I gations under this agreement.
Z 17. Cost of Engineering and Inspection
3 Subdivider shall pay to City the costs of all permit
a fees for all engineering inspections and other service
5 connected with the City in regard to the subdivision.
6 Said fees shall be paid prior to commencing any con-
? struction,
8 18. Notice of Breach and Default
9 j If Subdivider refuses or Fails to obtain prosecution :-~E
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t4 ~ the work, or any severable part thereof, with such ~
!1 ~ diligence as will insure its completion within the tim~
?2 specified, or any extensions thereof, or fails to obta~n
i3 completion of said work within such time, or if the
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14 Subdivider should be adjudged a bankrupt, or Subdivide
t5 should make a general assignment for the benefit of ~
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16 'i Subdivider's creditors, or if a receiver should be ~
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t7 j appointed in the event of Subdivider 's insolvency, or `f
?8 Subdivider, or any of Subdivider's contractors, subcon~
l9 tractors, agents or employees, should violate any of t d
2t) provisions of this agreement, City Engineer or City
21 Council may serve written notice upon Subdivider and S b-
22 divider's surety of breach of this agreement, or of an~
23 portion thereof, and default of Subdivider.
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24 19. Breach of Agreement: Performance by Suretv or City
25 In the event of any such notice, Subdivider's surety
26 shall have the duty to take over and complete the work
2~ and the improvement herein specified; provided, howeve~,
28 that if the Buret
y, within five days after the serving
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i upon it of such notice of breach, does not give City i
2 written notice of its intention to take over the perfor
3 mance of the contract, and does not commence performance
q thereof within five days after notice to City of such
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5 election, City may take over the work and prosecute the
6 same to completion, by contract or by any other method
7 City may deem advisable, for the account and at the j
g expense of Subdivider, and Subdivider 's surety shall be
9 liable to City for any excess cost or damages occasione
~p City thereby; and, in such event, City, without liabilii~y
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u for so doing, may take possession of, and utilize in ,
t2 completing the work, such materials, appliances, plant
~3 and other property belonging to Subdivider as may be
is on the site of the work and necessary therefor.
l5 20. Notices
16 All notices herein required shall be in writing, and de~
17 livered in person or sent by registered mail, postage
18 prepaid.
19 Notices required to be given to City "shall be addressed
20 as follows: City Administrator, City Hall, 300 North
21 "D" Street, San Bernardino, California 92418.
22 Notices required to be given to Subdivider shall be
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23 addressed as follows; nr~rrnv?ttva ~mmr~uG mkri->nxSTrrrF
24 ~n._.crhn zw Tel xl lartnn_ CA - 9~6~1~~
3451..~astJ]e
25 Notices required to be given surety of Subdivider shall
26 be addressed as follows : LII9_ MIIZ,ER &,.~ASSOCIATFS
27
i ~~t~-y~,p~ Blvd,... '~ustin, _eA _ 92680; - ARTN; I~'ir., ICen. Nichols
28 Provided that any party or the surety may change such
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address by notice in writ~.ng to the other party and
1 thereafter notices shall be addressed and transmitted
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to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this
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agreement on the day and year first above written.
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CITY OF SAN BERNARDI
s
ATTEST:
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1~ o
8
ity C erc
9
lO SUBDIVIDER
11 COVI
jG~ TEQ~OIAGIES
Approved as to form: By i' v.-.-------~
12 ~ ~ ._Z' erman, Yice President
13 By
Denise M. ?sale , Assis Secretary
City At orney
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18 INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
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executed in the corporate name and signed by the President or a
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Vice-President and the Secretary or Assistant Secretary, and the
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i corporate seal affixed. If the Subdivider is a partnership, it
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' must be signed by all partners. If the Subdivider is an individual
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doing business under a fictitious name, it must be signed by all
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persons having an interest in the business, and the fictitious
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name must be signed also. The agreement must be notarized by the
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Subdivider.
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STATE OF CAL/~~FOR~N,IA~ l
COUN/T;Y OF ~J JL 1:~Sd.LX!__ J~ T SS.
e° On- before me, SAFECO
the undersigned, a No ry Pubbe m e Inc said Cmmty and Stmt
N personally appeared ~~1~~~ FOR NOTARY SEAL OR STAMP
own to tFie to Le the Presi eat, and
w" known to me [n be ~???1????????????????????????t
°o Secretary of [hr orporatiun that executed the ? OFFICIAL SEAL ~
'o within Instrument, known to me to Le the person. who executed the ~ KIMBERLY K. CARTER ~
o within Instrument on behalf oI the corporation therein named, and ? °o NOTARY PUBLIC-CALIFORNIA
arknnwledged to me that such eorporatinn executed the within ~ PRINCIPAL OFFICE IN •
U instrument pursuant to i[s by-laws or a resolution of its board of
directors. ? ORANGE COONTY
? My Commission Expires March 25, 1989 •
`t
t7 Signature
I~GT~JJ!
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