HomeMy WebLinkAbout1986-184
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RESOLUTION NO. 86 184
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROV ING THE
FINAL MAP FOR SUBDIV IS ION TRACT NO. 13188, LOCATED AT THE
SOUTHEASTERLY 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:
SECTION 1:
The Mayor and Common Council find that
proposed Subdivision Tract No. 13188, located at the
Southeasterly 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 Resol ution No. 84-8 with Acacia
Construction Inc., a California 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
Ci ty Engineer of the Ci ty of San Bernardino.
SECTION 3: The Final Map of said subdivision tract is
hereby approved and the Ci ty of San Bernardi no 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
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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 Counci 1 of the Ci ty of San
Bernardino at a
meeting thereof, held on the
,1986, by the following vote,
r~anlt=l.r
19th
to-wi t:
day of
May
AYES:
Council Members
EHtrada. Hernanne7. Marks.
nll;~l FrFl7.;PT fa"r;("'!klpr
NAYS:
NonA
ABSENT:
rOlln("'il MAmhAr RAilly
/~fr:~
The foregoing resolution is hereby approved this ~~6(
day of
, 1986.
MFlY
Approved as to form:
of San Bernardino
t12~~~
Ci ty Attorney
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A.!iRIIMI!LI.
(subdivision improvements)
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IS AGREEMENT is made and entered into this /J~~day of
, 198?, by and between the CITY OF SAN BERNARDINO
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a muryifipal corporation, hereinafter referred to as "City", and
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ACACIA CONSTRUCTION, INC. , hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
Tract No. 13188
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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,
whi ch map is hereby referred to and i ncorpora ted herei n.
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.
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 cations or some thereof, therein
offered, and in order to insure sati s factory 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 ~Jork
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 a~; 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 Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within
24 Months
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from the date hereof.
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4. Time of Essence - Extension
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Time is of the essence of this agreement; provided, that in the
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event good cause is shown therefor, the Citv EnClineer mall extend
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the time for completion of the improvements hereunder. Any such
extension m~y be granted without notice to the Subdivider's suretv,
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and extensions so granted shall not relieve the surety's liabilitv
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-
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sion.
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5. Repairs and Replacements
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Subdivider shall replace, or have replaced, or repair, or have
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repaired, as the case may be, all pipes and monuments shown on the
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map which have been destroyed or damaged, and Subdivider shall re-
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pla~e 0r rave rer.laced, repair, or have repaired, as the case mav be,
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or pay to the owner, the entire cost of replacement or repairs, of
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any and all property damaged or destroyed bv reason of any work done
hereunder, whether such oropertv be owned bv the United States or
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any agency thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by any public or
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private corporation, or by anv person whomsoever, or hv any combina-
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tion of such owners. Any such renair or replacement shall be to the
satisfaction, and sUhject to the approval, of the City Engineer.
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6. Utilitv Deposits - Statement
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Subdivider shall file with the Citv Clerk, prior to the commencement
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of any work to be performed within the area delineated on the maD,
a written statement signed bv Subdivider, and each public utility
corpor~ti0n 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 utilitv cornorution within the Subdivision.
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Permits:
Compliance with 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 reouired bV
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Suoerintendence by Subdivi der
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 r.f the
work, and to the shons wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security as follows:
(1) .I\n amount E''1ual to a,t least one hundred percent of the total
estimated cost of the imorovement 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 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-
ia1s in connection with this agreement; and
(3) An amount enua1 to at least twenty-five percent of the total
est~mat.ed cost of the improvements and acts to he oerf(.rmed as
securitv 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 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 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 provided in Title
18 San Bernardino ~unicipa1 Code; and
the type shall he at the option of and sub ject to the aporova 1 of
the Citv Engineer aod the City Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, aod shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, rarw1ess
from any 1 iabi1 ity for damage or c1 ai:,ls foY' damage for personal injury,
includinq death, as '~ell as from claims for prolJertv 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 arrees to, and shall, defend Citv, and its
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apnointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv 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, ~/aive 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 City by Subdivider, or 1'n1' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and clairos for damages of every kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not Citv has nrepared, 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 haw: obtained all insurance reauired under this oaragranh and
such insurance shall have been approved by Citv Attorney as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence wcrk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reauirements herein orovided
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, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's employees
employed at the site of improvement, and in case any work is
sublet, Subdivider shall require anv contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emplovees
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: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 City for anv 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 public liability and property damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider "rod anv contral
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including death,
as well as from claims for property dama~e which may arise from
Subl1ivider's 0\' any contractor's or S:Jbcontractor's operations
hereunder, whether such operatior.s be by Subdivider or any
contractor or subcontractor, or bv anvone 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 Liability Insurance
In an amount not ~€ss 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.
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 policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcortractor
performina 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 Qeriod 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 Defective Work
If, within a period of one vear after final acceptance of the
work performed under this agreement, anv structure or part of any
strllctlire furni ~hec' e.nd/or ins ta 1: ed or cons tructed, or cilused
to be installed or constructed bv 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 hereir:, Sub-
divider shall without del~v 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 Subdividc,r car. ~.e r:otified, City may a
its epticn, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall Dav 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 (:npnts cf 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 otllf.'r 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
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the Subdivider should be adjudged a bankrurt, or Subdivider
should make a general assi<ln '!lent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdi\'iC:o" s insolvency, 01' if Sl1bc~i\'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 uron Subdivider and Subdivider's
'surety of hl'each of this agreement, or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; PerfOnTIance h'l Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take ovr;r anc col1'111 ete the \'lOrk 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 performance of the contract, and does not commence perfor11l1\nc(
thereof within five days after notice to Citv 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 Sllbdividu, 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 C011l-
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.
20. Noti ces
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
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24 City Attorney
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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,
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California 92418.
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Notices reauired to be 9iven to Subdivider shall be addressed as fallows:
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
Anderson and Andpr~nn, 7Llq~ r;Hnr"s 01";\111, Tr\liRll. CA 927Hi -
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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
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the day and vear first above written.
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C~AN BER"RDINO
By:, r. J/J$r
Mayor
ATTEST:
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~m/,~6t/
-Ci ty Cl erk
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SllBOIVIl1ER
ACACIA CONSTRUCT I
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I Allproved as to form:
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INSTRUCTI0NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President a~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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STATE OF CALIFORNIA.
-! COUNTY OF ORANGE
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5.5.
Onthisftle 27th dayo! Mav 19J1L.
before me, the unders;gnecl. a Notary Public in and for said County and State,
personally appear"" RieharEl SnlcEler '
proved 0 me on the basis of satisfactory eVidence
'0 be the President, anrt
Susan M. P aynEProved 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
resolutkln of its board of dir rs
Robert M. Barry
("His name (notary's) shall be Iyped or legibly printed")
(Sec. 8205 - Government Code 1959)
FOR NOTARY SEAL OR STAMP
~.""~ OFFICIAL SEAL
li""fli.0, ROBERT M BARRY
~~~IQ NOTARY PUBLIC-CALIFORNIA
\~fs/ ORANGE COUNTY
MY-COMM. EXP. MAR. 23,1990
m
BAFECO