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HomeMy WebLinkAbout1986-180 ~ 1 2 3 4 5 RESOLUTION NO. 86-180 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13160, LOCATED AT THE NORTHWEST CORNER OF MILL STREET AND PEPPER 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 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1: The Mayor and Common Council find that 8 proposed Subdivision Tract No. 13160, located at the Northwest 9 corner of Mill Street and Pepper Avenue, together wi th the 10 provisions for its design and improvements is consistent with 11 the General Plan of the City of San Bernardino. 12 SECTION 2: The Mayor of the City of San Bernardino 13 is authorized on behalf of said City to execute the standard 14 form of agreement adopted by Resolution No. 84-8 with Forecast 15 Mortgage Corporation, for the improvements in said subdivision 16 tract as are required by Title 18 of the San Bernardino 17 Municipal Code and the California Subdivision Map Act. The 18 time for performance is specified at 24 months. Said improve- 19 ments are specifically described and shown on Drawings No. 20 6994,6995 and 6996, approved and on file in the Office of the 21 City Engineer of the City of San Bernardino. 22 SECTION 3: The Final Map of said subdivision tract is 23 hereby approved and the City of San Bernardino hereby accepts 24 as public property all dedications within the subdivision as 25 shown on said Final Map for streets, alleys, (including access 26 rights), drainage and other public easements. As a condition 27 precedent to approval of the Final Map, the Subdivider shall 28 1 - ~ 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 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 Ci ty of San Bernardino at a meeti ng thereof, hel d on the , 1986, by the followin9 vote, reonlAr 19th day of Mav to-wit: AYES: Council Members R~+r~n~ H~rn~nnA7 M~rv~ . .. Onip.l Frn7.ip.r ~t-r;("klp.r NAYS: ABSENT: None rOllnr i 1 Mj::IomhPT 'Rj::l; l'lT ~B'#?d/~ /' City C e r k The foregoing resolution is hereby approved this ~~~ day of , 1986. Mi'lY Approved as to form: San Bernard1no i><lt-!./...-- i ~m;d/ C1 ty Attorney 2 # - ,'-; 1 2 3 , I 4 II I 5 I 6 I I 7 I 8 9 10 11 ]2 13 ]4 ]5 16 17 ]8 19 20 21 22 23 24 25 26 27 28 'l-y I, _ (' '2 I'" // J ("-' A G R E E MEN T --------- (subdivision improvements) THIS AGREEMENT is made and entered into this ~day of , 198~ by and between the CITY OF SAN BERNARDINO a munici orporation, hereinafter referred to as "City", and Forecast Corporation , 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" #13160 Lots 1 through 17 Tract " The map has been filed with the City for presentation to the City Coun<:il (hereinafter called "Cnuncil") 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 dedications or some thereof, therein offered, and in order to insure satisfactory perfonnance 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 ,j 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 wLhout) 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 Corrmencement and Performance City hereby fixes the time for the completion of said -2- 1 2 11 3 II II 4 5 I ! 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 work to be within 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 En(1ineer mall extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful oerformance of this agreement. The Citv 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 renair, or have repaired, as the case may be, all pioes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall re- ol;J~e cr rave 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 bv reason of any work done hereunder, whether such oroperty be owned bv the United States or any agency thereof, or the State of California, or any a(1enclf or political subdivision thereof, or by the City or by any public or private corporation, or by any oerson 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. Utility Deoosits - Statement Subdivider shall file with the City Clerk, prior to the commencement - 3 - 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 of any work to be performed within the area delineated on the man, a written statement signed bv Subdivider, and each public utility corporati~n 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 bv such public utility corporation within the Subdivision. ., 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 pay all fees and taxes reouired bv 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, satisfactory to the City Engineer on the work at all times during progress, with authority 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 r.f the work, and to the shops wherein the work is in preparation. 10. Contract Security Concurrently with the execution hereof, Subdivider shan furnish to City improvement security as follows: (1) An amount ~~ual to at least one hundred percent of the total estimated cost of the improvement and acts to be performed as sec~rity 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 securitv for the payment of all persons performing labor and furnishing mater- ials in connection with this agreement; and (3) An amount eoual to at least twenty-five percent of the total est~mated cost of the improvements and acts to be oerformed oS security for the guarantee and warrantv 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 securitv 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 bv City in successfullv 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 ~unicipal Code; and the type shall be at the option of and subject to the approval of the Citv 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, rorwless from any liability for damage or clair:ls foy' damage for personal injurv, including death, as \1ell as from claims for pro!Jertv 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 Citv, and its - 5 - 'I ,I 1 I 2 3 4 5 6 7 I , 8 I ] 9 I I I I 10 'I I, II 11 " " II 12 II II II 13 'I I' II 14 II 15 , i 16 17 18 19 20 21 22 23 24 25 26 27 28 apnointive boards, commissions, officers, agents and emoloyees from any suits or actions at law or in eauity for damages caused, or alleged to have beer caused, by 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 by City, or the deposit with Citv by Subdivider, or i'n~' of the insurance policie 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 paragraoh, regardless of whether or' not Citv has nrepared, supplied or approved of, nlans and/or specifications for the subdivision, or regardless of whether or not such insuran~e 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 ~y Citv Attornev as to form, amount and carrier, nor shall ~ubdivider allow any contractor or Sub- contractor to commence ~~rk 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. - 6 - 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 i II 27 I 28 I a. Compensation Insurance Subdivider shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all Subdivicer'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 emoloyeps, unless such employees 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:ns~tion 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 City for any damage resulting to it from failure of either Subdivider or any 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 public liability and property damage insurance as shall insure City, its elective and annointive boards, commis- sions, officers, agents and employees, Subdivider ar.d any contra< tor or subcontractor performing work covered by this agreement from claims for damages for personal iniury, including death, as well as from claims for pronerty dama~e which may arise from Subtlivider'~, 01' any contractor's or s ctbcontractor' s operati ons hereunder, whether such operatior-s be by Subdivider or any contractor or subcontractor, or by anvone directly or indirectly employed bv either Subdivider or any contractor os subcontractor, and the amounts of such insurance shall be as follows: - 7 - 1 2 3 4 5 6 7 8 (1) Public Liability 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 san~ 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 anv one occurrence. Ir. 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 policv shall contain a standard form of cross- 1 iability endorsement, insuring on such policy Citv, 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 City concurrently with the execution hereof, with satisfactory evidence of the insurance reouired, 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 ~eriod 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - l3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 , I 24 I , I , 25 I 26 II 27 II " 28 II I 15. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the work oerformed under this agreement, anv structure or part of anv strllctlire fllrni~hec' e,ndjor insta1:ed or constructed, or caused to be installed or constructed by 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 anv defective or otherwise unsatcsfact- ory part or parts of the work or structure. Should Subdivider fail to act promptly or in accordance with this reouirement, or should the exigencies of the Subdivid(:r car. ~e r:otified, City may a its opticn, make the necessarv repairs or replacements or perform the necessary work and Subdivider shall Day 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 <:Of'nts 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 engineering inspections and otl!er services 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 Dr 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 - 9 - I 2 3 4 5 6 7 8 9 10 19 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20. 28 T' , the Subdivider should be adjudged a bankru!'t, or Subdivider should make a general assi"n '!lent for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subd1\'iC:u's insolvency, or if S\lbc~ivicEr, or any of Subdivider's contractors, subcontractors, agents or emplovees, should violate any of the provisions of this agl'eement, City Engineer or Citv Council may serve written notice uron Subdivider and Subdivider's 'surety of breach of this agreement, or of any pertion thereof, and default of Subdivider. Breach of Agreement; Perfonnance b'l Suretv or Citv In the even t of any sllch noti ce, Subdiv i del" s suretv sha 11 have the duty to take oVI;r anc corr,plete 1:he work and the improver:!ent 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 perfonnance of the contract, and does not commence perforrrl~nc( 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 deer:! advisable, for the account and o,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, 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 bv registered mail, postage prepaid. - 10 - 'J ' , .0: 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 -:..~ Notices required to be given to City shall be addressed as follows: City Administrator, City Hall, 300 North "0" Street, San Bernardino, California 92418. Notices reauired to be given to Subdivider shall be addressed as follm~s: Forecast Mortgage CorpoP8tinn 7365 Hellman Avenue Rancho Cucamonga. CA g17,O Notices required to be given surety of Subdivider shall be addressed as foll~s: Developers Insurance Comoanv P.O. Box 3343. Anaheim. CA g?8o, 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ATTEST: F SAN BERNARDINO lJu1&~// By' ~@:?/~ I:i ty C1 erk SUBOIVInE~ Approved as to form: Bv: By: ~ ./ Citv Attorney INSTRIICTl'JNS 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 - ~ ,1= 'ij u .~ E <(~ .~ ~ "- E _0 5" ~ !'3 ~ c o ~ c.~ " ~ o 0 Q= STATE OF CALIFORNIA B d . COUNTY OF ::;an ernar lnO On May 15, 1986 I lss. I said State, personally appeared James Rankin James P. before me, the undersigned, a Notary Public in and for Previ ti and , personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as the President anrt the Secretary, on behalf of Forecast Mortgage corporatio~ the corporation thereil'l named, and acknowledged to me that N '" .~ o o '" (This area for official notarial seal) . OFFICU\L SEAL OARlYNE A. EVERHART . NOTARY PUBUC - CAlIFOF:;\JI.., SAN BERNARDINO COUNTY My Comm. fxpints Sept 15, J 989 ~ . . :~-,. , 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 4 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 nersons having an interest in the business, and the ficti- tious name must be signed also. The agreement must be notarized bv the Subdivi der. "^