HomeMy WebLinkAbout1986-089
,
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
RESOLUTION NO. 86-89
RESOLUTION OF THE CITY OF SAN BERNAROINO APPROVING THE FINAL MAP FOR
SUBDIVISmON TRACT NO. 11921, .LOCATED AT THE NORTHEASTERLY CORNER OF KENDALL
DRIVE AND 48th STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AU1HORIZING 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 ~~yor and Common Council find that proposed
Subdivision Tract No. 11921, located at the Northeasterly corner of Kendall
Drive and 48th Street, together with the provisions for its desigo 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 Kendall 75. LTD., a California Limited Partnership,
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
specifically described and shown on Drawing No 6555, 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 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.
III
..
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
I HBREBY 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 17th day of March
1986. by the following vote, to-wit:
AYES: Council Members Estrada, Reilly, Hernandez.
Marks, Quiel, Frazier, Strickler
NAYS:
ABSENT:
None
None
~~~
/ Clty C erk
The foregoing resolution is hereby approved this
/ ?i-I- day of
March
, 1986.
t~
Mayor of the City of San
Approved as to form:
~JI#J~
City Attorney
- 2 -
"
,
"
il
. ,
'I
. II
1 !I
II
2 II
3 II
4 II
5 II
I
6 I
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,"'6.'_,77
A G R E E MEN T
---------
(subdivision improvements)
THIS AGREEMENT is made and entered into this -Z?~-day of
(~~~ , 198~ by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
KENDALL 7 5 f T-'~l;": .
, hereinafter referred to as
"Subdivider".
R E C I TAL S :
--------
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
).1921 '
"
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.
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
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.
II
,
i
map and of the acceptance of the dedications or some thereof, therein
I
NOW, THEREFORE, for and in consideration of the approval of the
i offered, and in order to insure satisfactory performance by Subdivider
I
,
II
Ii
!I
,.
II
I'
II
Ii
I
I
I
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 .I good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi~hout) 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
I
I
i
I
,
,
I
I
II
II
II
II
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 whi ch 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-
i
'I
,
'I
1 ]1
~ i
i
2 'I
I
3 Ii
:;
4 'i
5
6
7 i1
::
8 i;
9
10
11
12 i
:)
i
13 :i
14
,
15 II
il
'I
16 II
17 :1
H
18 II
19 II
20 11
q
21 II
22
23
24
25
26
27 I
28 I!
work to be within
7.4 Mnnt-hC!
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 En~ineer ma!' extend
,
the time for completion of the improvements hereunder. Any such
extension m~v be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the suretv's liabilitv
on the bond to secure the faithful oerformance of this agreement.
The City Engineer shall be the sole and final jud~e 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 renair, or have
repaired, as the case may be, all nipes and monuments shown on the
map which have been destroyed or dama~ed, and Subdivider shall re-
nla~e cr ~ave replaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv 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 a~encv or
pOlitical subdivision thereof, or bv the City or by any public or
private corporation, or by any person whomsoever, or bv 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. Uti] itv Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
II
- 3 -
of any work to be performed within the area delineated on the map,
a written statement signed bv Subdivider, and each public utility
corporotion involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of anV and all public utilities to be supplied bv
such public utility corporation within the Subdivision.
-: . Permits: Compliance \~ith Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes re~uired bv
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Superintendence bv Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
9. Inspection by Citv
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 security as follows:
(1) An amount e~ual 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;
- 4 -
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
(2) An amount equal to at least fiftv percent of t~e 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 amount enual to at least twenty-five percent of the total
est'mated cost of the imnrovements and acts to be performed 25
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 securitv, 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
i-
18 San Bernardino ~unicinal Code; and
the type shall be at the ontion of and subject to the approval of
the Citv 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, rarwless
from any liability for damage or clair'ls foy' damage for personal injury,
including death, as l~ell as from claims for prolJcrtv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such oaerations
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
I subcontractors. Subdivider arrees to, and shall, defend City, and its
I - 5 -
Ii
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
r
I
1
apcointive boards, commissions, officers, agents and emoloyees
2
from any suits or actions at law or in eQuity for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
3
4
operations, provided as follows:
5
a. That Citv does not, and shall not, waive any rights against
6
7
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with City by Subdivider, or 1'n\' of the insurance pol icie
8
9
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not Citv has orepared, supplied or
approved of, clans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,,, 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 work 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 specifically bind the insurance carrier.
- n -
I.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 II
25 I
26 II
27 I
I
28
I '
a.
Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivirer's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require anv contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emolovees
are covered by the protection afforded by 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
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or anv contractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such ~ublic liability and oroperty damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and emoloyees, Subdivider ar.d anv contra<
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including death,
as well as from claims for nronerty dama~e which may arise from
Sub<livider'~, 01' any contractor's or s~bcontractor's operations
hereunder, whether such operatior.s be by Subdivider or any
contractor or subcontractor, or bv anvone directlv or indirectly
employed by either Subdivider or any contractor os subcontractor.
and the amounts of such insurance shall be as follows:
- 7 -
I
2
3
4
5
6
7
8
9
10
II
\2
13
\4
15
16
17
18
19 i
20 I
I
2\ I
22 II
23 i
i
24 I
I
I
25 I
26 I:
II
27 I'
II
28
(1) Public Liabil ity Insurance
In an amount not ~ESS than $ 100.000.00 for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000.00
for
damage to the property cf each person on account of any
one occurrence.
In the eyent that any of the aforesaid insurance policies
proYided for in this Paragraoh 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-
liClbility endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r subcortractor
performing work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furnish Citv concurrently with the execution
hereof, with satisfactory evidence of the insurance required, and
evidence that each carrier is required to giye Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any poli~y during the effective ryeriod 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.
- !l -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 I
21 I
22 il
I,
23 II
I,
24 II
25 I
26 I
I
27
28 II
II
I
i
I
II
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 structure or nart of anv
structllre furni~hec' and/or insta1:ed or constructed, or caused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fail s to fulfill anv of the reauirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anv 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 pr in accordance with this reauirement, or
should the exigencies of the Subdivid(:r car. fe reotified, Citv may a
its eption, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall nav 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 Dopnts 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
- 9 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
the Subdivider shoultl be adjudged a bankrurt, or Subdivider
should make a general assion'llent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdi\'iC:er's insolvencv, or if Sllb<~i\'ic€:r, or anv of Subdivider's
- "
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve v1l'i tten notice U[1on Subdivider and Subdivider's
'surety of breach of this agreement, or of any pertion thereof,
and default of Subdivider.
22
23
24
25
26
27
28
19 Breach of Agreement; Perfonnance tJ'/ Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov,"r anC: cOIT'[llete the \'Iork and the improvement
herein srecified; 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 perfonnance of the contract, and does not commence perfonMnc<
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 liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may 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 bv registered mail, postage prepaid.
- 10 -
. '
10
11
12
13
14
15
16
17
18
20
21
22
23
24
25
26
27
28
1
Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
2
3
California 92418.
4
5
Notices reouired to be given to Subdivider shall be addressed as foll~~s:
308 N. RIVERSIDE AVENUE #1E
RIALTO, CALIFORNIA 92376
6
7
Notices required to be given surety of Subdivider shall be addressed as
8
follows:
WESTERN EMPIRE SAVINGS & LOAN
17951 COWAN STREET, IRVINE, CAI,IFORNIA 92714
9
Provided that any party or the surety may change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
,
I
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
ATTEST:
CIT~ SAN BERNARDINO
By: ~__ () ~2c)~
( ~ .
19
~#I<1/~4t,
-1:1 y Clerk
SIlB01V!f1ER Kendall 75, Ltd., a
Calif. LImited Partnership
Parkview Inv stments,Inc.,
Gene er
Aoproved as to form:
By:
By:
O. rricO.~Si.t
fJA;yJmh~ 0~~;'~
RoseMay Ver," ,.' P Secretary
City AttoT'!!ey
INSTRUr:Tl'lNS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed b,v the President or a "ice-President ar.d the
- 11 -
. I
1 Secretary 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 nersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdivider.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
,~
0.
:E
.
~
~
:.
0-
"t>
~
~
. ~
~.
00.
~ ~
€v
~~
1IIj::
::: ~
15'~
.~ ~
~'"
o.~
~ .
lil:
:g
e:
STATE OF CALIFORNIA
COUNTY OF
Oranoe
17. 1986
! n.
said State, personally appearerl
known to me to be the
, before me, the undersigned, a Notary Public In and for
*O.A. Verrico*
President, and *RoseMav Verrico*
~cretary of
@ OFFICIAL SEAL
..'...... . MARILYN COBB
, NOTARY PUBLIC CALIFORNIA
... PRINCIPAL OFFICE IN
ORANGE COUNTY
" My CommISSion Expires Feb 20 1987
(This area for official notarial seal)
00
March
known to me to be the
*Parkview Investments. Inc.* ,
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 the general partner of Kendall 75, Ltd., a
California Limited Partnership
the limited partnership that executed the within instrument, and
acknowledged to me that such partner and that such partnership
executed the same.
8
M
E
.2
Signature
Name (Typed or Printed)
I
~
I
~ f I I ~
..
,
I 3/13/86
\ , ,
1 , r )" I Ilf
"
f I Ell
~ \ F. (~~:
I
PHD INSURANCE BroKERS, INC.,
P.O. BOX 1060,
LONG BEACH, CALIF. 90801
213 595-6041
714 995-7331
Y,1'
11. INS. CO. OF NORm AMERICA
B
!r,!SL; E;-'
PARKVIEW INVESTMENTS, INC., &
KENTIALL #75 LTD., Er-AL.,
308 No. RIVERSIDE, #lE,
RIALTO, CALIF. 92376
I ~::'~
(::)M~':,h'~ C
LF,H::R
COMPM,Y D
LE-:TfTl
.-C~.
-~ "--T:t'CL.(/ r0~.' ----
,- '.j
.
COMPANY E
LET1Efi
CO
LTR
TYPE OF INSURANCE
'-~~
I
POLICY NUMBER
AGGREGATE
OILY
INJURY $ $
PROPERTY
DAMAGE $ $
GENERAL LIABILITY
X COMPREHENSIVE FORM
X PREMISES/OPERA liONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
X PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAO FORM PROPERTY DAMAGE
X PERSONAL INJURY
#D143 635 79
2/28/86
2/28/87
,
~bt~~ED $ 1,000, $1,000,
PERSONAL INJURY $ 1,000,
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (~~~JRp1~~N)
X HIRED AUTOS
X NON-OWNED AUTOS
GARAGE LIABILITY
BODILY
INJURY
(P!:Rf'ER50NI $
BODILY
INJURY
(PfAI\CCIOENTI $
#D143 635 79
2/28/86
2/28/87
PROPERTY
DAMAGE $
BI & PO
COMBINED $ 1,000,
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRElLA FORM
gbt~~ED $
$
STATUTORY
(EACH ACCIOENn
(OISEASE.POllCY LIMIT)
(DISEASE-EACH EMPLOYEE)
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
#C249 843 69
4/1/85
4/1/86 *
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESlSPECIAL ITEMS
* In process of being renewed.
CITY OF SAN BERNARDINO
300 NORI'H "D" Sl'l<t;t;l',
SAN BERNARDINO, CALIF. 92418