HomeMy WebLinkAbout1986-181
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RESOLUTION NO. 86-181
RESOLUTION OF THE CITY OF SAN BERNAROINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 11843, LOCATED ON THE SOUTH
SIDE OF BELMONT AVENUE BETWEEN WALNUT AND PINE 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:
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SECT ION 1: The Mayor and Common Counci 1 fi nd tha t
8 proposed Subdivision Tract No. 11843, located on the South side
9 of Belmont Avenue between Walnut and Pine Avenues, together
10 with the provisions for its design and improvements is con-
11 sistent with the General Plan of the City of San Bernardino.
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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 V. S. L.
15 Enterprise, Inc., 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. 6951
20 and 6952, approved and on file in the Offi ce of the Ci ty
21 Engineer of the City of San Bernardino.
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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
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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 resol uti on.
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
rAg-lllNT
meeting thereof, held on the
19th
to-wit:
day of
MAY
, 1986, by the following vote,
AYES:
Council Members
Estrada, Hernandez. Marks,
Quiel, Frazier, Strickler
NAYS:
ABSENT:
None
Council Member Reillv
~~mR~
/ Cl ty C erk
The foregoing resolution is hereby approved this ;coc-AC
day of
May
, 1986.
Approved as to form:
San Bernardlno
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lty=
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A G R E E MEN T
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(subdivision improvements)
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(~HI AGREEMENT is made and entered into this 1161-/ day of
\- ~ , 198&, by and between the CITY OF SAN BERNARDINO
'1: ~1 . h . f f d " ." d
a mu~ clpa corporatlon, erelna ter re erre to as Clty, an
VP)I-[;t..~o",{~<J'j IN~, , 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" Tract No. 11843
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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 sati sfactory performance by Subdi vi der
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 ,1 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
speci fi ed, 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 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
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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 En9ineer ma," 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 reoair, or have
repaired, as the case may be, all nioes and monuments shown on the
map which have been destroved or damaged, and Subdivider shall re-
ola~e er ~ove reolaced, 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 anv work done
hereunder, whether such oroperty be owned bv the United States or
any agency thereof, or the State of California, or anv agenc\! or
political subdivision thereof, or by the City or by any public or
private corporation, or by anv person whomsoever, or by anv combina-
tion of such owners. Any such repair or reolacement shall be to the
satisfaction, and SUbject to the aoproval, of the Citv Engineer.
6. Uti] ity 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 mao,
a written statement signed bv Subdivider, and each public utility
corporation 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 by
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such public utility corporation within the Subdivision.
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Permits:
Compl iance 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 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. Suoerintendence by Subdivider
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Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
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satisfactory to the Citv Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
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9. Inspection by Citv
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all parts cf the
work, and to the shops wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shal1 furnish
to City improvement security 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 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 eoual to at least twenty-five percent of the total
est:mat.ed cost of the improvements and acts to be oerformec oS
security for the guarantee and warranty of the work for a neriod of
one (1) year following the completion and accentance 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 City in successfully enforcing the
obl igation 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 ~unicinal Code; and
the type shall be at the option of and SUbject to the apnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, ~arwless
from any liability for damage or clair:ls faY' damage for personal injury,
incll1dinq death, as l~ell as from claims for profJert~. damage which may 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 afY'ees to, and shall, defend City, and its
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appointive 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 any of the aforesaid
operations, provided as follows:
a. That City 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 cny cf 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 paragraph,
regardless of whether 0'" not City has prepared, supplied or
approved of, nlans 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 hav~ obtained all insurance required under this oaragranh and
such insurance shall have been approved bY City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence ~~rk 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.
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a. Compensation Insurance
Subdivider shall maintain, durin9 the life of this agreement,
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Workmen's Compensation Insurance for all Subdivirer's employees
employed at the site of improvement, and in case any work is
sublet, Subdivider shall require anv contractor or subcontractor
similar1v to provide Workmen's Compensation Insurance for all
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contractor's or subcontractor's emnlovees, unless such emo1ovees
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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
C0mpr:ns~tion Law, Subdivider shall provide 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 nrotected. Subdivider
shall indemnify City 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 Property Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and prooertv damage insurance
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as shall insure City, its elective and anpointive boards, commis-
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sions, officers, agents and employees, Subdivider ar.d any contral
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tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including rleat~,
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as well as from claims for nroperty dama~e w~ich may arise from
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Sub<li vider' SOl' any contractor's or subcontractor's operati ons
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hereunder, whether such operatior.s 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 ~€ss than $ 100,000.00. 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 $ 300,000.00
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the pronerty 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-
11 at- 11 ity endorsement, i nsuri ng on such pol i Cv Citv, its
elective and apPointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r subcortractor
performino 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 policy 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 Oefective Work
If, within a period of one year after final acceptance of the
work performed under this agreement, any structure or part of any
structllre furni ~hec! ?nd/or insta 1: ed or cons tructed, 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 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. ~e ratified, Citv may a
its opticn, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall oav 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 i,nf'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
engi neering inspections and otl!er 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 diligence as will insure
its completion within the time specified, or anv extensions thero"
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assion '!lent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
SubdividEr' 5 insolvency, or if Sllbc~ivicE:r, or anv of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agl'eement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of bl'each of this agreement, or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance 11'1 Surety or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov..:r and corr'rl ete "he viOrk and the improycr.lent
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 performi\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 deem advisable, for
the account and at the expense of Sl'bdivicH, 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, apoliancos, 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 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,
California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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VSL ENTERPRISES, INC., 5225 Canyon Crest Drive,
Bldg. 300, Suite 357, Riverside, California 92507
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Notices required to be given surety of Subdivider shall be addressed as
follows:
VSL ENTERPRISES, INC., 5225 Canyon Crest Drive,
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Bldq. 300, Suite 357, Riverside, California 92507
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Provided t~at 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.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the d~v and vear first above written.
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CITY SAN BERNARDINO
ATTEST:
By:
~4/~
ity Clerk
SIJBOIVP1EP,
I Aoproved as to form:
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VSL
By:
City Attorney
JOAN R.
INSTRIJr.TI0NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President ar.d the
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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.
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(Corporation)
STATE OF CALIFORNIA
56 COMMONWEALTH lAND"
IIIi; TITlE JNSt.Bl:ANCE COMPANY
cqu
0. a Notary PubUc
in and Io<..id Stale. peraona yappeared
(Iobm to me) 101' ~ to me 011 evidence) to be the
Preaident, and
(known to me) 101' pnwed to me on the baaia of aatiafactory evidence~ to be
Secretary of the corporation that executed the within Ill8trument (known to me) (OJ' proved to me 011 the baaia
oI..tialactoey evidencello be the penona who......ted the within
Instrument on behalf the cc:wporatioo therein named, and f............................
acknowledpd 10 me t ouch OOI'pOl'Btion ......ted the within @ OFFICIAL SEAL
instrument pW'8ua ta by...wa 0< a reaoIution 01 ita board 01 R C N
directon. :' . . 'IXON
1IT1'I'1\TESS my I NOTARY PUBlIC-CALlFORNIA
~ u,o NOTARY BOND FILED IN
Signarure SAN BERNARDINO COUNTY
My Commllllon ExpI... Auaust g. 19s9
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Forrn 3216 (CA 12-82)
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