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HomeMy WebLinkAbout1986-183 ,." .. . 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. 86-183 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13186, LOCATED AT THE SOUTHWESTERLY CORNER OF LITTLE MOUNTAIN DRIVE AND NORTHPARK BOULEVARD, 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: SECT ION 1: The Mayor and Common Counci 1 fi nd tha t proposed Subdivision Tract No. 131B6, located at the Southwesterly corner of Little Mountain Drive and Northpark Boulevard, 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 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 Acacia Construction Inc., a Cal ifornia 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 Drawings 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 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 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 meeting thereof, held on the rognl;lY' ,qt-h da y 0 f ,1986, by the following vote, M~y to-wi t: AYES: Council Members Estrada, Hernandez. Marks. Quiel, Frazier, Strickler NA YS: ABSENT: None Council Member Reillv ~{~ ./ C ty C erk The foregoing resolution is hereby approved this ,zO~~ day of , 1986. Mav Approved as to form: r/~f;the,C i ty of San Bernardi no / /:Z,' ,--'" '11V t/~J)?IJ~ Cl ty Attorney 2 1 II 2 Ii I 3 I I 4 Ii 5 Ii Ii 6 7 II i 8 I I ,! 9 Ii II ji ;I 10 E I I 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .! ~" ;/-: A G R E E MEN T --------- (subdivision improvements) THIS AGREEMENT is made and entered into this 17C,c,day of 198', by and between the CITY OF SAN BERNARDINO corporation, hereinafter referred to as "City", and ArAnA rnN,TRllrnnN TNr , 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" Tract No. 13186 " 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. II !I 1 2 This agreement is executed pursuant to the provisions of the Sub- ,I division Map Act of the State of California and Title 18 San Bernardino I Municipal Code. , 3 4 5 ,I I i i Ii map and of the acceptance of the dedi cations or some thereof, therein ,I il :1 NOW, THEREFORE, for and in consideration of the approval of the 6 7 offered, and in order to insure satisfactory perfonnlance by Subdivider 8 of Subdivider's obligations under said Subdivision Map Act and said 9 Ordinance, the parties agree as follows: 'i i 1. PerfoY1n1ance of Work 10 11 !i ii " I :1 II I' ,I II II i Subdivider will do and perfoY1n1, or cause to be done and 12 perfonmed, at Subdivider's own expense, in .1 good and 13 workmanlike manner, and furnish all required materials, 14 all to the satisfaction of the City Enginee~ of City the work and improvements within (and/or wi~hout) the 15 16 subdivision to complete the improvements in accordance with the plans and specifications on file as hereinbefore 17 18 specified, or with any changes required or ordered by said 19 Engineer, which in his opinion are necessary or required 20 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 21 22 23 materials, in the manner, and at the grades, all as 24 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 25 26 27 Engineer. 3. Work: Time for Commencement and Perf o Y1n1an ce 28 City hereby fixes the time for the completion of said -2- 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 - 3 - i 1 I I 2 I I II I, 3 II 4 II II 5 I 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 map, a written statement signed by Subdivider, and each public utility corporoti0n involved, to the effect that Suhdivider has made all deposits legally required by such pUblic utility corporation for the connection of anV and all public utilities to be supplied by such publ ic util ity corlloration 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 ~unicipal 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 Ci~v 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 Darts of the work, and to the shoos wherein the work is in preparation. 10. Contract Security Concurrently with the execution hereof, Subdivider shall furnish to Ci~v improvement security as follows: (1) An amount ec:ual to o,t least one hundred oercent 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 " !i 'I 2 II , 3 ! I' 'I 4 Ii II 5 II II 6 II 7 I I 8 I I 9 I ,I 10 II II 11 II , 12 I 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 'I <I (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 eoual to at least twenty-five percent of the total est~mated cost of the improvements and acts to be oerformed 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 bv 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 8ernardino ~unicipal Code; and the type shall be at the option of and subject to the annroval of the Citv Engineer and the City Attorney. Hold Harmless Agreement Subdivider hereby agrees to, and shall, hold City, its elective and apoointive boards, commissions, officers, agents and employees, rarwless from any liability for damage or clail'ls foy' damage for personal injury, including death, as '~ell as from claims for prouertv damage which mav arise from Subdivider's or Subdivider's contractors', subcontractors', agents' 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 - :1 I 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 25 26 27 28 apnointive boards, commissions, officers, agents and emoloyees from any suits or actions at law or in eauitv for damages caused, or alleged to have beep 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 Citv by Subdivider, or ~ny of the insurance policie 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 anv of the aforesaid operations referred to in this paragraph, regardless of whether or not City has nrepared, supplied or approved of, nlans 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 reauired under this oaragranh and such insurance shall haye been approved by Citv Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or Sub- contractor to commence ~Icrk en his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All reouirements herein provided shall apnear either in the body of the insurance policies or as endorse- ments and shall specificallv bind the insurance carrier. " 1 2 a. Compensation Insurance Subdivider shall maintain, durin9 the life of this agreement, 3 Workmen's Compensation Insurance for all Subdivicer's emolovees 4 employed at the site of imorovement, and in case any work is 5 sublet, Subdivider shall require anv contractor or subcontractor 6 similarly to provide Workmen's Comoensation Insurance for all 7 contractor's or subcontractor's emnloyeps, unless such emolovees 8 9 are coyered 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 C0mpr:ns~tion Law, Subdivider shall provide and shall cause each 10 11 12 contractor and subcontractor to provide, adequate insurance for 13 14 the protection of employees not otherwise nrotected. Subdivider shall indemnify Citv for any damage resultin9 to it from failure of either Subdivider or any cOntractor or subcontractor to take 15 16 out or maintain such insurance. 17 18 b. Public Liablity and Property Damage Insurance Subdivider shall take out and maintain durin9 the life of this 19 agreement such oublic liability and propertv damage insurance 20 as shall insure City, its elective and annointive boards, commis- 21 sions, officers, agents and employees, Subdivider ar.d anv contra( 22 23 tor or subcontractor performing work covered by this agreement from claims for damages for personal iniurv, including death, 24 as well as from claims for property dama~e which may arise from 25 26 Sub(livider'~, or' any contractor's or subcontractor's operations hereunder, whether such operatior.s be by Subdivider or any contractor or subcontractor, or bv anyone directly or indirectly 27 28 employed by either Subdivider or any contractor os subcontractor, and the amounts of such insurance shall be as follows: - 7 - Ii 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 25 26 27 28 (1) Public Liabilitv Insurance In an amount not ~fSS 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 any one occurrence; (2) Property Damage Insurance In an amount not less than $ 50,000.00 for damage to the pronerty cf each nerson on account of anv one occurrence. Ir. the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures any entitv, person, board or commission other than those mentioned in this para- graph, such policy shall contain a standard form of cross- 1 iability endorsement, insuring on such policv City, 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 Citv concurrently with the execution hereof, with satisfactory evidence of the insurance required, and evidence that each carrier is required to give City at least ten days prior notice of the cancellation or reduction in coverage of any poli~v during the effective oeriod 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. - II - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 , i 22 I I. 23 II I , 24 25 26 , , 27 II 28 Ii I I , Ii I' j 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 part of any strllctllre fllrni~hec' ~,nd/or 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 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 Subdividu car. ~e rotified, City may a its epticn, make the necessarv 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 ilOf'nt.s 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 other 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 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 - g - 1 2 3 4 5 6 , I 7 I , I 8 I Ii 9 II 10 Ii 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 I 26 I 27 II I 28 the Subdi vi der shoul d be adjudged a bankrupt, or Subdivi der should make a general assinn '!lent for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdi\'iC:€r's insolvency, or if S\1h~il'icer, 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 upon Subdivider and Subdivider's 'surety of b reach of thi s a9 reemen t, or of any port i on thereof, and default of Subdivider. 19 Breach of Agreement; Perfonnance 1)'1 Suretv or Citv In the event of any such notice, Subdivider's surety shall have the duty to take oVI;r ane cOIT'[1lete the \10rk and the improvement herein srecified; provided, however, that if the surety, within five days after the serving U[1on if of such notice of breach, does not give City written n<ltice of its intention to take over the performance of the contract, and does not commence perfOrmMC( 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 Citv 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, apnliances, 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. - 10 - 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: Acacic Construction. Inc.. 1021 W. R~<;t~nrhllry R""rl ,,,itl/ l')r], Fullerton. CA 92633 Notices required to be given surety of Subdivider shall be addressed as follows: Anderson and Anderson. 2495 Camous Drive. Irvinp. rA q?71~ 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 vear first above written. ATTEST: CITrlF SAN BERNARflINO By: ~~~~ /1.if~ Mayor .~~~~ "City C erk SUBDIVlnER ACACIA CONSTRUCT Pre ~t t't\ . ~ . Payne, Secretary Approved as to form: By: By: City Attorney INSTRUCTIONS 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 - 11 - . 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 " . 'a . >. ili ~ .. .; l!? "- e- o u I f- Z w- ::;11I w' (!)<O o ii Wa:, ...J_ ~ .I! o_a. z....s ~ Cl?1IJ () ai' <u STATE OF CALIFORNIA, COUNTY OF Orange Onthislhe 27th dayo! May 19~, before me, the undersigned. a Notary Public in and for said County and State, personally appeare<Ricaara S~'aer , prav to me on the basis of satisfactory evidence '0 be the President, and ~" C!:::an M P::lyne proved to me on the basis of satisfactory evidence to be the Secretary of the corporation that executed the within instrument, on behalf of the corporation therein named. and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of di 5.5. m 8AFECO FOR NOTARY SEAL OR STAMP ~ OFFICIAL SEAL ,- " "", ROBERT M BARRY \~ 1n.~NOTARY PUBUC-CALlFORNIA \<~ ;.,' ORAliGE COUNTY MY c{)r"l~' . ~y.!=, . f.I/,R. 23,1990 ~~~ Rnhp,,"~ M R:::arry ("His name (notary's) shall be typed or legibly printed") (Sec. 8205 . Govemment Code 1959)