HomeMy WebLinkAbout1984-489
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RESOLUTION NO. 84..489
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RESOLUTION OF THE CITY OF SAN BERNAROINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 11746, LOCATED NORTHWEST CORNER OF LAKE PLACID DRIVE AND
SUN VALLEY DRIVE ; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP;
AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVE-
MENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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 the proposed Sub-
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division Tract No. 11746, located Northwest corner of Lake Placid Drive and Sun
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Valley 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 the standard form of agreement adopted by
Resolution No. 84-8 with Barratt Southern California, Inc.. for the
improvements in said subdivision tract as are required by Title 18 of the San
Bernardino Municipal Code and the California Subdivision Map Act. The time for
performance is specified at 24 months. Said improvements are specificall
described and shown on Drawing Nos. 6544 and 6105, approved and on file in the
Office of the City Engineer of the City of San Bernardino.
SECTION 3. The final map of said subdivision tract is hereb
approved and the Ci ty of San Bernardi no hereby accepts as pub 1 i c property all
dedications within the subdivision as shown on said final map for streets
alleys, (including access rights), drainage and other pUblic easements. As
condition precedent to approval of the final map, the Subdivider shall firs
execute the agreement referenced in Section 2 hereof for the improvements with
in said subdivision. The City Clerk shall certify the approval and acceptanc
of the Mayor and Common Council as set forth in this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted b
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I the Mayor and Common Council of the City of San Bernardino at a reaul ar
meeting thereof, held on the 19th day of Nove!!lher , 1984, by
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AYES:
Council Members ~eillv. Hark,-;. Ollie] F'r",,;pr
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Strickler
NAYS:
None
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ABSENT:
Council J:!.err.bers CaRtnnpc1:4 _ Hprn::lnt4p7.
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:x!;'7f1W'ML (I Cuk. ~~
- City Clerk -/. '
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The foregoing resol uti on is hereby approved thi s o:! i-a;r- day of
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Novernber
, 1984.
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Approved as to form:
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A '@'.!H..s M .U!l
(subdivision improvements)
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THIS AGREEMENT is made and entered into this ,;('1.A?Tday of
~~~~, 19Sj{ by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
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BARRATT SOUTHERN CALIF., INC. ,herei nafter referred to as
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"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT 11746
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
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, 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 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 with the City.
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 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
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work to be within twenty-four (24) months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City Engineer may 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 suretv's liabilitv
on the bond to secure the faithful performance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
place or have replaced, repair, or have repaired, as the case mav 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 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 any nublic or
private corporation, or by anv person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deoosits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
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of any work to be performed within the area delineated on the map,
a written statement signed by 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 by
such public utili~v corporation within the Subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pav all fees and taxes required ~y
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfacto~y to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
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
to City improvement securi~y as follows:
(1) ll.n amount equal to at least one hundred percent of the total
estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fiftv percent of the total estimated
cost of the improvements and acts to be performed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An ampunt eaual to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be performed 25
security for the guarantee and warrantv 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 by the securitv and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by Citv in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino Municipal Code; and
the type shall be at the option of and subject to the aporoval 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, r.anrless
from any 1 iabil ity for damage or cl aims for' damage for personal injurv,
including death, as well as from claims for property damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arree5 to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eouity for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Cit,v does not, and shall not" waive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or ~,ny cf the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of everY kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether OJ. not Citv has oreoared, supplied or
approved of, olans and/or specifications for the subdivision,
or regardless of whether or not such insuran~e policies shall
have been determined 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 hav10 obtained all insurance reouired under this paragraoh and
such insurance shall have been approved by Citv Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence I'lork cn 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 endorse-
ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
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Workmen's Compensation Insurance for all Subdivider's emoloyees
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employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emoloyees, unless such emolovees
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are covered by the protection afforded by Subdivider. In case
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any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
Compr:nsvticn Law, Subdivider shall crovide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise protected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or any contractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and property damage insurance
as shall insure Ci~y, its elective and appointive boards, commis-
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sions, officers, agents and employees, Subdivider ar.d any contrac
tor or subcontractor performing work covered by this agreement
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from claims for damages for personal iniury, including death,
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as well as from claims for property damage which may arise from
Subdivider's 01' any contractor's or subcontractor's operati ons
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hereunder, whether such operatiops be by Subdivider or any
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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:
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(1) Public Liabilitv Insurance
In an amount not ~ess than $ 10,000,000.00 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 $ 10,000,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 10,000,000.00 for
damage to the property of each person on account of anv
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entitv, person,
board or commission other than those mentioned in this para-
graph, such poli~y shall contain a standard form of cross-
1 ic,bility endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor c.r subcontractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City 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 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.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final accertance of the
work performed under this agreement, any structure or part of any
strllctilre fllrni shec and/or i nsta 11 ed or cons tructed, or caused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the re~uirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delav and without any cost to City, repair
or replace or reconstruct any defective or otherwise unsatcsfact-
ory part or rarts of the work or structure. Should Subdivider
fail to act promrtly or in accordance with this requirement, or
should the exigencies of the Subdivid(:r car. be notified, City may at
its option, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ugents of City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and other servi ces connected with the City
in regard to the subdivision. Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such 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
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the Subdi vi del' shoul d be adj udged a bankrupt, or Subdi vi del'
should make a general assign'l1ent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdivider's insolvency, Ot" if SlIbr~ivider, 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 uron Subdivider and Subdivider's
'surety of breach of thi s agreement, or of any portion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance !", Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OVE;r arie corrrlete the work and the improvement
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perforITi~nce
thereof within five days after notice to City of such election,
City may take over the work and prosecute the same to completion,
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 liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, 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.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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BARRATT SOUTHERN CALIFORNIA, INC.
17752 Skypark Blvd., Suite 180 Irvine, CA 92714
Notices required to be given surety of Subdivider shall be addressed as
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follows:
Granqer-Hanna Insurance Associates
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557 Mercury Lane Brea, CA 92621
Provided that any party or the surety may change such address bv notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the dav and year first above written.
ATTEST:
JdfJ o...U/r1 cc (!j.JJJ-!c ~.
City Clerk ;;~jl
SUBDIVInER
BARRATT SOUTHERN CALIFORNIA, INC.
Anproved as to form:
res~dent
By'
~ce- res.
By:
City Attorney
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President and the
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STATE OF CALIFORNIA 0 ~ (It'J A Iss.
COUNTY OF f 0 ,/- ~ I
0... 5 ep4-e1'Vl b~r ~~ J I q 1L( ,before me, the undersigned, a Notary Public in and for
said State, personally appeared Tt"morhy L, U(')l~r and
:rl Tl,;)~C{) .sa ~a " ,personally known to me (or proved to me on Ihe
basis of satisfactory evidence) to be the persons who executed the within instrument as ..s,n l a'r
(I,l;.&. President an" V'Cf frfJ.),-dl",+- Se01'elary, on behalf of B orra H
Sou+her^ CaltForllt'q Ti1C.,
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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.
WITNESS my hand and official seal.
OFFICIAL SEAL
JANET K, GLlSSMAN
Notary PubllC-Cali'amra
Prmclpal Otfit.:e In
Orange County
My Comm. Exp May 31. 1988
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Signalur.~ 1<. ~
(This area for official notarial seal)
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1 Secretarv or ~ssistant Secretarv, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all persons having an interest in the business, and the ficti-
5 tious name must be signed al so. The agreement must be notarized bv the
6 Subdivider.
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