HomeMy WebLinkAbout1985-202
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RESOLUTION NO. 85-202
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12468, LOCATED APPROXIMATE-
LY 520 FEET SOUTH OF THE CENTERLINE OF BASELINE STREET AND
FRONTAGE OF APPROXIMATELY 701 FEET ON THE EAST SIDE OF
TIPPECANOE AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS 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:
SECTION 1:
The Mayor and Common Council find that
proposed Subdivision Tract No. 1246B, located approximately 520
feet south of the centerline of Baseline Street and frontage of
approximately 701 feet on the east side of Tippecanoe Avenue,
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 Ci ty of San Bernardino
is authorized on behalf of said City to execute the standard
form of agreement adopted by Resolution No. 84-8 with Inland
Development Group, a California corporation, for the improve-
ments 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 specifically described and
shown on Drawing Nos. 6725, 6726 and 6727, 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
hereby approved and the City of San Bernardino hereby accepts
as public property all dedications within the subdivision as
shown on said final map for streets, alleys, (including access
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rights). drainage and other pUblic easements. As a condition
precedent to approval of the final map. the Subdivider 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.
I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof. held on the
. 19B5. by the following vote.
3rd
day of
June
to-wi t:
AYES:
Council Members Estrada, Reilly, hernandez,
Marks, Quiel, Frazier, Strickler
NAYS: None
ABSENT: None
A/?~~~
/ Clty C erk
The foregoing resolution is hereby approved this ~~~
day of
June
. 1985.
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-~ ~J:~
r / /
l c;-t / . .
Mayor ~ e City of S n Bernardino
Approved as to form:
/p ~Z7
" ~ Attor~
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;,;;, -,;202-1-
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A G R E E MEN T
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(subdivision improvements)
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this ~~ day of
CITY OF SAN BERNARDINO
THIS AGREEMENT
~rf-,J)k;;L
a mu^icipal corporation, hereinafter
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is made and entered into
19Bt, by and between the
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referred to as "City", and
Inland Development Group
, hereinafter 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 II Tract No. 12468
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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.
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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 ",) d ..""c,>O / ,f S
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 ma," extend
the time for completion of the improvements hereunder. Any such
extension m~y be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance of this agreement.
The 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 reoair, 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 bv 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 fJublic 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 Citv Engineer.
6. Utilitv 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~y corporation within the Subdivision.
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Permits:
Compliance with Law
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Subdivider shall, at Subdivider's expense, obtain all necessarv
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permits and licenses for the construction of such improvements,
give all necessary notices and pav all fees and taxes required bY
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
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said improvement, or have a competent foreman or Superintendent,
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satisfactorY to the Ci~v Engineer on the work at all times during
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progress, with authority to act for Subdivider.
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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.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
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to City improvement securi~y as follows:
(1) An amount equal to at least one hundred percent of the total
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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 fifty 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 equal to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be performed as
security for the guarantee and warranty of the work for a period of
one (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 bv the security 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 City 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
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the type shall be at the option of and subject to the approval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, ~arwless
from any liabil ity for damage or claims for damage for personal injury,
including death, as \~ell as from claims for property damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
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 a.rees to, and shall, defend City, and its
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appointive boards, commissions, officers, agents and employees
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 City does not, and shall not,. ~Iaive 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 e.n\, ef 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 or not Citv has orepared, supplied or
approved of, olans and/or specifications for the subdivision,
or regardless of whether or not such insurante policies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav10 obtained all insurance reQuired under this paragraph and
such insurance shall haVe been approved by Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence I'lork en 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 bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
Ccmpr,nsvtion Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to ~rovide, adequate insurance for
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the protection of employees not otherwise orotected. Subdivider
shall indemnifyCitv for any damage resulting to it from failure
of either Subdivider or anv contractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Property 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
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as shall insure City, its elective and apoointive boards, commis-
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sions, officers, agents and employees, Subdivider ar.d any contrac
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tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including death,
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as well as from claims for oroperty damage which may arise from
Subdivider's or' any contractor's or subcontractor's operations
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hereunder, whether such operati OI1S be by Subdi vi der 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 Liabil itv Insurance
In an amount not ~€SS than $
100,000.00
~.ior
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injuries, including, but not limited to, death, to anv
one person and, sUbject to the same limit for each
person, in an amount not less than $ 300,00Q.000
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000.00
for
damage to the property of each person on account of anv
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cross-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcorctractor
performi ng work covered bv thi s 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 policY during the effective oeriod of this agreement.
14. Title to Improvements
Title.to, and m~nership 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 acceptance of the
work performed under this agreement, anv structure or nart of any
stnlcture furni shed ~,nd/or i nsta 11 ed or cons tructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without any cost to City, repair
or replace or reconstruct any defective or otherwise unsat;sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivid(:r car. be reotified, 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 ~~ents 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 Citv
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 diliqence 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 adjudged a bankrupt, or Subdivi del' I
should make a general assign llent for the benefit of Subdivider's
creditors, or if a receiver should be apPointed in the event of
Subdivider's insolvency, 0\' if Sllb~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 upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any portion thereof,
and defaul t of Subdivider.
19 Breach of Agreement; Perfonnance h" Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVf;r and comnlete rhe 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 performance
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 Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, without 1 iabi-
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 mav be on the site of the
work and necessary therefor.
20. Noti ces
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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CAT. NO. NNOQ737
TO 1945 CA (7-82)
(Corporation)
STATE OF CALIFORNIA
COUNTY OF San Bernardi no
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Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "D" Street, San Bernardino,
California 92418.
Notices reouired to be given to Subdivider shall be addressed as follows:
y
200 E. Sandpoint Road, Suite 720, Santa Ana, CA
Notices required to be given surety of Subdivider shall be addressed as
foll ows:./
200 E. Sandpoint Road, Suite 720, Santa Ana, CA
Provided that any party or the surety mav change such address bv 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 dav and vear first above written.
ATTEST:
..J
vt
Mayor'
By:
~iM'l/tZ/~61V
1Jnn.e INSURANCE
AND TRUST
} ~.
A. T1COA COMPANY
.. 1nnc
CORPORATE ACKNOWLEDGMENT
State
before me, the undersigned, a Notary Public in and for
~AA..._J;S.
,
NO. 202
dayof
19~, before me,
the un ersigned N t
o ary Public, personally appeared
'V-R ~
o personally known to me
)(" proved to me on th b '
to b e person(s) Wh: as.s of satisfactory evidence
executed the within instrument as
named, and ackno dged to me t:rt~~ behalf of the corporation therein
WIT~ES y hand and off' 'I a e corporation executed it
Icra seal. '
_ .Y A J .A i- _ . A./
. OFFICIAL SEAr.
, PATRICIA BLOCK
NOTARY PUBuc CAlIF
SAN ll.ERNA~,:.- ORNIA
M eo"",. .._~ cClONTy
Y &pires May 16, 1986
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Secretary or ~ssistant Secretarv, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all persons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivi der.
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