Loading...
HomeMy WebLinkAbout1982-307I I�- I RESOLUTION NO. 82-307 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 10940 LOCATED AT THE SOUTHWESTERLY CORNER OF SIERRA WAY 3 AND WATERMAN AVENUE; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUB - 4 DIVISION. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor and Common Council find that y proposed Subdivi- 7 sion Tract No. 10940 located at the Southwesterly corner of Sierra Way and 8 Waterman Avenue together with the provisions for its design and improvements is 9 consistent with the General.Plan of the City of San Bernardino. 10 SECTION 2. The .May©r of the City of San Bernardino is authorized on 11 behalf of said City to execute on agreement with James E. Standrich and 12 Ankarapa Corporation for the improvements in said Subdivision Tract as are re - 13 quired by Title 18 of the City of San Bernardino Municipal Code and the Cali - 14 fornia Subdivision Map Act.. Said Improvements are specifically described and 15 shown on Drawing No. 5770 approved and on file in the Office of the City 16 Engineer of'the City of San Bernardino.', 17 SECTION 3.` The Final,Map'of said Subdivision Tract is hereby approved 18 and the City of San Bernardino hereby accepts as public property all dedication, 19 and offers of dedications`within'the subdivision as shown on said Final Map 20 I for streets, alleys, including access rights, drainage and other public ease - 21 ments. As a condition precedent to approval of the Final Map, the subdivider 22 shall first execute the agreement referenced in Section 2 hereof for the 23 improvements within said subdivision. The City Clerk shall certify the approva 24 and acceptance of the Mayor and Common Council as set forth in this resolution. 25 ! I HEREBY CERTIFY that the foregoing resolution was duly adopted by the I 26 I Mayor and Common Council of the City of San Bernardino at a regular 27 meeting thereof, held on the 19th day of July 1982, 28 j by the following vote, to wit: 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 AYES: Council Members Castaneda, Reilly, Hernandez, Quiel, Hobbs, Strickler NAYS: None ABSENT: Council Member Botts City Clerk The foregoing resolution is hereby approved this _7 day of July 1982. Approved as to form: 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 29 ■ AGREEMENT (subdivision improvements) THIS AGREEMENT is made and entered into thiss-day of r.� 9� 1982, by and between the CITY Of SAN BERNARDINO a municipal corporation, hereinafter referred to as "City", and WILDWOOD HEIGHTS, A JOINT VENTURE , hereinafter referred to as "Subdivider" RECITALS: Subdivider has presented to City for approval a final sub- division map (hereinafter cailed "map") entitled " TRACT 10940 0 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 Fart of, or appurtenant to, the subdivision (hereinafter called "subdivision") 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 14mits 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 with the City. 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 `J_3 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 Workil Subdivider wild do;and perform, or cause to be done and performed, at Subdivider'sown -expense, in a good and workmanliiie manner, and furnisfi all required 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 work to be within 24 MONTHS 2 from the date hereof. 3 4. Time of Essence - Extension 4 Time is of the essence of this agreement; provided, th 5 in the event good cause is shown therefor, the City 6 Engineer may extend the time for completion of the 7 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 10 liability on the bond to secure the faithful performan 11. of this agreement. The City Engineer shall be the sol 12 and final judge as to whether or not good cause has be 13 shown t.c entitle Subdivider to an extension. 14 5. Repairs and Replacements 15 Subd}vider shall replace, or have replaced, or repair, 16 or have repaired, as the case may be, all pipes and 17 monuments shown, on the map which have been destroyed 1g 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 23 property be owned by the United States or any agency 24 thereof, or the State of California, or any agency or 25 political subdivision thereof, or by the City or by . 26 any public or private corporation, or by any person 27 whomsoever, or by any combination of such owners. Any 28 such repair or replacement shall be to the satisfactio -3- -4- and subject to the approval. of the City Engineer. 1 6. Utility Deposits - Statement 2 Subdivider shall file with the City Clerk, prior to the 3 commencement of any work to be performed within the 4 area delineated on the map, a written statement sinned 5 by Subdivider, and each public utility corporation in- 6 volved, to the effect that Subdivider has made all 7 deposits legally required by such public utility corporation 8 for the connection of any and all public utilities to be 9 suppl,ied.by ;uch public utility corporation with in the 10 subdivision. 11 %, `: Permits- •Compliance with Law 12 . Subdivider•shall, at Subdivider's expense, obtain all 13 necessary permits and licenses for the construction of 14 such improyements-, gave all necessary notices and pay 15 all fees and takes required by law. Subdivider shall 16 comply with,all-provisions of the Subdivision Map.Act 17 and Title 18 San Bernardino Municipal Code. 18 8. Superintendence by Subdivider 19 ' Subdivider shall give personal superintendence to the 20 work on said improvement, or have a competent foreman 21 or Superintendent, satisfactory to the City Engineer 22 on the work at all times during progress, with authority 23 to act for Subdivider. 24 9. Inspection by City 25 Subdivider shall at all times maintain proper facilities 26 and provide safe access for inspection by ,City, to all 27 parts of the work, and to the shops wherein the work 28 -4- I is in preparation. 2 10. Contract Security 3 Concurrently with the execution hereof, Subdivider shall 4 furnish to City improvement security as follows: 5 (1) An amount equal to at lease one hundred percent 6 of the total estimated cost of the improvements and 7 acts to be performed as security for the faithful 8 performance of this agreement; 9 (2) An amount equal to at least fifty percent of the 10 total estimated cost of the improvements and acts to.be performed as security for the payment of all 11 persons performing labor and furnishing materials 12 i in connection with this agreement; and 13 (3) An -amount equal, to at least twenty-five percent 14 of'the-totak estimated cost of the improvements is 16 and acts to be performed as security for the guarantee 17 and warranty of the work for a period of one (1) year 18 following the completion and acceptance thereof against 19 any defective work or labor done, or defective materials 20 furnished. As a part of the obligation guaranteed by 21 the security and in addition to the face amount of the 22 security, there shall be included costs and reasonable 23 expenses and fees, including reasonable attorneys' fees 24 incurred by City in successfully enforcing the obligation 25 I secured. The type.of security furnished shall be in the 26 form of bonds, deposits or letters of credit as provided 27- in Title 18 San Bernardino Municipal Code. 28 -5- 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 6 elective and appointive boards, commissions, officers, 7 agents and employees, harmless from any liability for 8 dams e. or claims for damage for g q personal injury, inclu. 9. ding death, as well as from claims for property damage 10 which may arise from Subdivider's or Subdivider's con - 11 tractors', subcontractors', agents' or employees' 2 operations under this agreement, whether such operatioi 13 be by Subdivider or by any of Subdivider's contractors 14 subcontractors, or by any one or more persons directly 15 16 or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcoi 17 18 tractors. Subdivider agrees to, and shall, defend City, and its elective and appointive boards, commissic 19 20 officers, agents and employees from any suits or actioi 21 at law or in equity for damages caused, or alleged to 22 have been caused, by reason of any of the aforesaid operations, provided as follows: 23 i 24 a. That City does not, and shall not, waive any right; 25 against Subdivider which it may have by reason of 26 the aforesaid hold harmless agreement, because of 27 of the acceptance by City, or the deposit with City 26 by Subdivider, of -any of the insurance policies described in Paragraph 12 hereof. -6- . 1 2 3 4 5 6 7 25 26 27 2$ b. That the aforesaid hold harmless agreement by Sub- divider shall aptly 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, or 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 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 U agreement, Workmen's Compensation Insurance for all Subdivider's employees employed at the site of im- -7- 9 f0 ' 11 12 13' 14 �. 15 16 17 Is 19 20 21 22 23 24 25 26 27 2$ b. That the aforesaid hold harmless agreement by Sub- divider shall aptly 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, or 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 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 U agreement, Workmen's Compensation Insurance for all Subdivider's employees employed at the site of im- -7- I 1 provement, and in case any work is sublet, Subdivid l 2 shall require any contractor or subcontractor 3 similarly to provide Workmen's Compensation Insurance 4 for all contractor's or subcontractor's employees, 5 unless such employees are covered by the protection afforded by Subdivider. In case any class 6 of em - 7 ployees engaged in work under this agreement at the 8 site of the project is not protected under any 9 Workmen's Compensation law, Subdivider shall provid 10 and shall cause each contractor and subcontractor to 11 p Dvide, adequate insurance for the protection of 1-2 employees not otherwise protected. Subdivider shall 13� indemnify City for any damage resulting to it from 14 failure of either Subdivider or any contractor or 15 subcontractor to take out or maintain such insurance 16 b. Public Liability and Property Damage Insurance 17 Subdivider shall take out and maintain during the li 18 I of this agreement such public liability and property 19 � damage insurance as shall insure Cit y, 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- 24 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 -8- 1 or indirectly employed by either Subdivider or airy 2 contractor or subcontractor, and the amounts of sur 3 insurance shall be as follows: 4 (1) Public Liability Insurance 5 In an amount not less than $100,000.00 for 6 injuries, including, but not limited to, death 7 to any one person and, subject to the same 8 limit for each person, in an amount not less 9 than $ 300,000.00 on account of any one - 10 occurrence; 11 ; (2) Property Damage Insurance 12 In an amount not less than $ So 000_oo for 13 damage to the property of each p y person on accou 4 of any one occurrence. I 15 In the event that any of the aforesaid insurance j - 16 policies provided for in this Paragraph 12 insures 17 any entity, person, board or commission other than 18 those mentioned in this paragraph, such policy shal i 19 contain a standard form of cross -liability endorse - 20 f ment, insuring on such policy City, its elective 21 and appointive boards, commissions, officers, agent 22 and employees, Subdivider and any contractor or sub 23 j contractor performing work covered by this agreemen . 24 I 13. Evidence of Insurance 25 Subdivider shall furnish City concurrently with the 26 execution hereof, with satisfactory evidence of the I 27 insurance required, and evidence that each carrier is 28 I required to give City at least ten days' prior notice i -9- 1 2 3 4 5 6 7 8 9' 10 12 13 14 15 16 17 18. 19, 20 21 22 23 24 25 26 27 28 of the cancellation or reduction in coverage of any policy during the effective period of this agreement. 1K. 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 performed under this agreement, any st,ructt or part of any structure furnished and/or installed.or constructed, or caused to be installed or constructed Subdivider, or any of the work done under'this agreerden fails to fulfill any of the requirements of •,thi§j- agree- ment or the specifications referred to herein,5ubdividc shall without delay and without any cost to City,• repai or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordanc with this requirement, or should the exigencies of the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work and Subdivider shall pay to City th actual cost of such repairs plus fifteen percent (15%) 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 Ci in connection with the performance of Subdivider's obl -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 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 services 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 .the work, or any severable part thereof, with such diligence as will insure its completion within the ti specified, or any extensions thereof,,or fails to obt completion of said work within such -.time, or if the Subdivider should be adjudged a bankrupt, or Subdivid should make a general assignment -for the benefit of Subdivider's creditors, or if`a receiver should be appointed in the event of ;Subdyider's insolvency, or Subdivider, or any of Subdivider's contractors, subcon tractors, agents or employees, should violate any of t provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and S 22 divider's surety of breach of this agreement, or of an, 23 portion thereof, and default of Subdivider. 24 19. Breach of Agreement: Performance by Surety 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 27 and the improvement herein specified provided, howeve: 28 that if the surety, within five days after the serving -11- W 1 I upon it of such notice of breach, does not give City 2 written notice of its intention to take over the perfor 3 mance of the contract, and does not commence performanc 4 11 thereof within five days after notice to City of such 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 8 expense of Subdivider, and Subdivider's surety shall be 9 liable to City for any excess cost or damages occasione 10 city thereby; and, in such event, City, without liabili 11 for so doing, may take possession of, and utilize in 12 completing the work, such materials,,appliances, plant 13 and other property belongigg to Subdivider as may be 14 on the site of the wdrk-and necessary therefor. 1520. Notices } 16 II� All notices herein ;required shall -be`ip 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 23 addressed as follows,• WILDWOOD HEIGHTS, A JOINT VENTURE, 24 c/o STANDRICH DEVELOPMENT, 224 E. 40TH ST., SAN BERNARDINO, CA 924D4 25 :Notices required to be q given surety of Subdivider shall 26 be addressed as follows: WILDWOOD HEIGHTS, A JOINT VENTURE, 27 c/o STANDRICH DEVELOPMENT, 224 E. 40TH'ST., SAN BERNARDINO, CA 92404 28 Provided that any party or the surety may change such -12- i 1 2 3 4 66 ITI EST: 8 46A 10 11 ` IApIlrove 13 Wo 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 nt on the day and year first above written. CTTV nV SAN RPRNARriMa SUBDIVIDER WI4DW00 gHEIGHTS, A as to form: B OJ MES E. STA r ICH- r/ILG�/ By NKARAP I rney 15 Dy voc i L nM .Vun, rrc3ai [ni 16 17 I H 1 INSTRUCTIONS 1 If the Subdivider is a corporation, the agreement must be ex cuted in the corporate name and signed by the President or a 2 i.e-President and the Secretary or Assistant Secretary, anc. ..:a co porate seal affixed. If the Subdivider is a partnership, it .2 u t be signed by all partners. If the Subdivider it an indiv.dual o ng business under a fictitious name, it must be signed by all 25pe sons having an interest in the business, and the fictitious 25hai e must be. signed also. The, agreement must be notarized fey -he Sudivider. STATE OF CALIFORNIA SS: . COUNTY OF SAN BERNARDINO ON THIS /Z DAY OF os SAME. WITNESS MY HAM NO OFFICIAL IM 11GRATYAE 1 oRFicU�L Sru,i riFyi't+9G iG! GERALD W HEILIG ITY I ^ NOTARY PUBLIC - CALIFORNIA SAN BERNARNOTARY ►USLIC IN AM FOR SAID COMM9MY comm. expires DEC 2, 1983 STATE MY COMMISSION EVIRES /Z -z -8� STATE OF CALIFORNIA SSI COUNTY OF SAN BERNARDINO ON,TjI1 I S 12- DAY OF �- 14 7 BEFORE ME.- � 1G� _. A NOTARY ® iLIC I AN FOR SAID C STA�— RSONALLY APPEARED ROBERT L. �. KNOWN TO ME TO K THE PRESIDENT AND ANITA C. HAMMOCI4 TO ME TO BE THE SECRETARY Of ANKARAPA CORPORATION• THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF SAID CORPORATION, SAID CORPORATION BEING KNOWN TO ME TO BE ONE OF THE PARTNERS OF WILDWOOP HEIGHTS. A JOINT VENTURE, THE PARTNERSHIP THAT EXECUIT D, THE WITHIN INSTRY- TENT, AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SANE AS SUCH PARTNER AND THAT SUCH PARTNERSHIP EXECUTED THE SAME. WITNESS MY HAND AND t OFFICIAL SEAL GERALD W HEILIG NOTAL BLIC • CALIFORNiPSAARDINO COUNTYMy expires DEC 2' 1983. /i%/'14-019, / f w I rd }. NOTARY PUBLIC IN AND POR SAID COUNTY AND STATS MY CON 4134ION EXPIRES /z —2– --3