HomeMy WebLinkAbout1989-095
.
1
RESOLUTION NO. 89-95
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12872, PHASE II, LOCATED
3 WEST OF THE INTERSECTION OF LITTLE MOUNTAIN DRIVE AND MORGAN
ROAD, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP;
4 AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR
THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
5 SPECIFIED.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1: The Mayor and Common Council find that
9 proposed Subdivision Tract No. 12872, Phase II, located west of
10 the intersection of Little Mountain Drive and Morgan Road,
11 together with the provisions for its design and improvements is
12 consistent with the General Plan of the City of San Bernardino.
13
SECTION 2.
The Mayor of the City of San Bernardino is
14 authorized on behalf of said City to execute the standard form of
15 agreement adopted by Resolution No. 84-8 with Forecast Mortgage
16 Corporation, for the improvements in said subdivision tract as
17 are required by Title 18 of the San Bernardino Municipal Code and
18 the California Subdivision Map Act.
Section 12 (b) (1) of said
19 Agreement is hereby amended to require public liability insurance
20 in am amount of not less than $250,000 per person and $500,000
21 per occurrence.
The time for performance is specified at 24
22 months.
Said improvements are specifically described and shown
23 on Drawings approved and on file in the Office of the City
24 Engineer of the City of San Bernardino.
25
SECTION 3:
The Final Map of said subdivision tract is
26 hereby approved and the City of San Bernardino hereby accepts as
27 public property all dedications within the subdivision as shown
3/16/89 28 on said Final Map for streets, alleys, (including access rights),
15
16
17
18
19
20
21
22
23
24
25
26
27
3/16/89
28
RES: APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12872,
PRASE II
1 drainage and other public easements. As a condition precedent to
2 approval of the Final Map, the Subdivider shall first execute the
3 agreement referenced in Section 2 hereof for the improvements
4 within said subdivision.
The City Clerk shall certify the
5 approval and acceptance of the Mayor and Common Council as set
6 forth in this resolution.
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Mayor and Common Council of the City of San
9 Bernardino at a
regular
meeting thereof, held on the
10
3rd day of
April
, 1988, by the following vote, to-
11 wit:
12
13
14
AYES:
Council Members Estrada, Flores, Maudsley,
Minor; Pope-Ludlam
NAYS:
None
ABSENT:
Council Members Reilly, Miller
.Jnd?>>.c'4~/
./ Ci ty Clerk
The foregoing resolution is hereby approved this ~~{/
day of
, 1988.
April
Ev. yn Wilcox, May
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
~
- 2 -
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
~ li B. LUH. !i I
(subdivision improvements)
2
3
4
THIS AGREEMENT is made and entered into this fIc:-U day of
~ . 1 98i. by and between the CITY OF SAN BERNARDINO
a municipal corporation. hereinafter referred to as "City". and
Forecast Mortgage Corporation , herei nafter referred to as
5
6
7
8
"Subdivider".
9
R E C I TAL S :
--------
Subdivider has presented to City for approval a final sub-
c1ivision map (hereinafter called "map") entitled"
Tract 12872-2
"
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.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedi ca tions or some thereof, therei n
offered, and in order to insure satisfactory performance by Subdivi del'
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of ~Jork
Subdivider will do and perform. or cause to be done and
performed. at Subdivider's own expense, in .) 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 a:; hereinbefore
speci fied, or with any changes requi red or ordered by sai d
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 place,. 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-
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
- 3 -
I
1
of any work to be performed within the area delineated on the man,
a written statement siqned bv Subdivider, and each nublic utility
corpor~ti0n involved, to the effect that Suhdivider has made all
2
4
5
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
6
7
such public utility corooruticn within the Subdivision.
"1
. .
Permits:
Comp 1 i ance \~ith Law
8
9
Subdivider shall, at Subdivider's expense, obtain all necessarv
10
permits and licenses for the construction of such improvements,
qive all necessary notices and pav all fees and taxes reQuired bv
11
12
law. Subdivider shall comph with all provisions of the Subdivi..
sion Map Act and Title 18 San Bernardino ~unicipal Code.
Superintendence by Subdivider
13
8.
14
15
Subdivider shall give personal superintendence to the work on
16
said improvement, or have a competent foreman or Superintendent,
17
satisfactorv 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
18
19
20
21
22
23
24
provide safe access for inspection bv City, to all oarts rf the
work, and to the shoos wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider st,all furnish
25
to City imnrovement security as follows:
(1) An amount Er.ual tr- at least one hundred oercent of the total
26
27
estimated cost of the imnrovement and acts to be performed as
sec~rity for'the faithful performance of this agreement;
28
- 4 -
1
2
3 I
i
4 I
5 I
6 i
I
7 I
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 fifty percent of t~e total estimated
cost of the improvements and acts to be nerformed as security for
the payment of all persons performinq 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 improvements and acts to he nerf(.rrned es
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 bv 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 nrovided in Title
18 San Bernardino ~unici~al Code; and
the tYpe shall be at the option of and subject to the apnroval of
the City Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, I-itrr.less
from any liabil ity for damage or clains for damage for personal injury,
including death, as "Ie11 as from claims for !>rolJl'rtv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' operations under this agreement, whether such ooerations
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
- "5 -
I
2
]
4
5
6
7
H
9
10
11
12
13
14
15
16
17
18
19
20
21
22
I
23 ,
,
I
24 "
I
,
25 I
26 Ii
n I
,
I
28 I
i
apoointive boards. commissions. officers. agents and emoloyees
from any suits or actions at law or in eQuitv for damages caused,
or alleged to have beeI' caused, bv reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not. and shall not, waive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with Ci'tv by Subdivider, or ?n~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless a~reement 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 CI" not Citv has oreoared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or r'egardless of whether or not such insurance pol icies 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 paragraoh and
such insurance shall have been approved bV Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence wcrk cn his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All re~uirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
- &: -
2
a. Compensation Insurance
Subdivider shall maintain, durin~ the life of this agreement,
3
4
Workmen's Compensation Insurance for all Subdivirer's emolovees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
5
6
similarly to provide Workmen's Comoensation Insurance for all
7
contractor's or subcontractor's emnlovees, unless such emolovees
8
9
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
C~mpr:ns~tion law, Subdivider shall rrovide and shall cause each
10
II
12
contractor and subcontractor to provide, adequate insurance for
13
14
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City for anv damage resulting to it from failure
of either Subdivider or any cOntractor or subcontractor to take
15
16
out or maintain such insurance.
17
19
b. Public liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
18
agreement such oublic liability and orooerty damage insurance
20
21
as shall insure City, its elective and anoointivp. boards, commis.
22
sions, officers, agents and employees, Subdivider (Hod anv contra<
23
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including rleat~,
24
25
as well as from claims for nroperty dama'le w~ich may arise fro~1
26
SUblli\'ider'~ 01' any contractor's or s:.Jhcontractor's operations
27
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectlv
28
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
- 7 -
2
(1) Public Liahil itv Insurance
In an amount not ~fSS than $ 250,000.00
for
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
- II -
1
15. Re~air or Reconstruction of Oefective Work
2
If, within a period of one year after final accertance of the
1
work oerformed uncer this aqree~nt, any structure or rart of any
4
struct,lre fllrni~hec and/or instal~ed or constructed, or coused
5
6
to be installed or constructed bv Subdivider, or anv of the work
7
8
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, reoair
9
or replace or reconstruct any defective or otherwise un~at;sfact-
10
II
ory ~art or parts of the work or structure. Should Subdivider
fail to act promrtly or in accordance with this reauirement. or
should the exigencies of the Subdividi:r car. ~e retified, City may a
its opticn, make the necessary repairs or re~lacements or perform
12
13
14
15
the necessary work and Subdivider shall oav to City the actual
cost of such repairs plus fifteen percent (15%).
16
16. Subdivider Not Agent of Ci!Y
17
Neither Subdivider nor anv of Subdivider's agents or contractors
18
are or shall be considered to be ,'Dents of Citv in connection with
19
20
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all rermit fees for all
21
22
engi neering insrections and otl!f.'r servi ces rcnnected with the Citv
23
in regard to the subdivision.
Said fees sholl be paid prior to
24
commencing any construction.
25
18. Notice of Breach and Default
26
If Subdivider refuses or fails to obtain prosecution of the work,
27
28
or any severable part thereof, with such diliaence as will insure
its completion within the time specified, or anv extensions th~rof
or fails to obtain completion of said work within such time, or if
- 9 -
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
19
17
18
19
20
21
22
23
24
25
26
27
28
20.
the Subdivider should ~e adjudged a bankrunt. or Subdivider
should make a general ilssinn'Tlent for the benefit of SubdividE'r' s
creditors, or if a receiver should be anpointed in the event of
Subd1\'iC:El"s insolvency, or if 5I1h~i\'icc,r. or any of SubdividE'r's
contractors, subcontractors, ilgents or emplovees, should violate
any of the provisions of this agn'ement, City Engineer or Citv
Council may serve vlI'itten notice uron Suhdi v i del' and Subdi vi eel" s
'surety of breach of this agreement. or of any pcrtic.n thereof,
and default of Subdivider.
Breach of Agreement; Perfonnilnce tw Suretv or Citv
In the event of any such notice, Subdivirler's surety shall have
the duty to take ov,;r anc cOlf'rlete the \'Iork and the improver.1ent
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 perform~nc(
thereof within five days after notice to City of such election,
City may take over the work and orosecute the same to completion,
by contract or by any other method Citv may deer.1 advisable, for
the account and i't the expense of Sllbdi\'icEr, and Subdivider's
surety shall be liable to Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, vlithout 1 iabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apnliances. 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.
- 10 -
2
Notices required to be given to Citv shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
,
California 92418.
4
5
Notices reouired to be given to Subdivider shall be addressed as follows:
6
Forecast Mortgage Corporation, 10670 Civic Center Drive,
Rancho Cucamonga, California 91730
7
8
Notices required to be given surety of Subdivider shall be addressed as
follows:
9
10
11
Provided that any party or the surety mav change such address bv notice in
12
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
13
14
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and vear first above written.
15
16
ATTEST:
17
By:
18
~~{~~
I -tity C erk
SIlBOIVlflEQ
19
20
21
22
By:
(j.
Anproved as to form:
23
24
By
City Attorney
25
26
27
28
INSTRIJr;TII)NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a \lice-President ar,d the
- 11 -
"
o
.~
8-
~
c
"
E
0>
al
~
~
}SS
personally known to e (or p ved to me on th basis of satisfactory evidence) to be the
President, and
personally knO'Nn me (or proved to me on the basis of satisfactory evidence) to be the
.'J':'r^....ty'Of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
yJ !lil,~IhLl1 /tJ1 i ~
Notary signature
CIAL
PATRICIA OtEiONE
WJTNff P\8UC-CM.FCINl
...--
.., CoIIo._'" 20, 1113
(This area for oftlcial seal)
On this day of
a Notary Public in and for said County and State, personally appeared
.
1 Secretary or ~ssistant Secretary. 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
- 1? _