HomeMy WebLinkAbout1986-258
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RESOL UT ION NO.
86~258
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13355 (PHASE II OF
TENTATIVE MAP NO. 10600), LOCATED APPROXIMATELY 600 FEET SOUTH
OF THE CENTERLINE OF IRVINGTON AVENUE AND EAST OF 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
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council find that
proposed Subdivision Tract No. 13355, located approximately 600
feet South of the Centerline of Irvington Avenue and East of
Pine Avenue, 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 Forecast
Mortgage Corporation, for the improvements in said subdivision
18 tract as are required by Title 18 of the San Bernardino
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Municipal Code and the California Subdivision Map Act. The
time for performance is specified at 24 months. Said improve-
ments are specifically described and shown on Drawings No. 6082
22 and 6083, approved and on file in the Office of the City
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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
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1 precedent to approval of the Final Map, the Subdivider shall
2 first execute the agreement referenced in Section 2 hereof for
3 the improvements within said subdivision. The City Clerk shall
4 certify the approval and acceptance of the Mayor and Common
5 Council as set forth in this resolution.
6 I HEREBY CERTIFY that the foregoing resolution was
7 duly adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
reaular
meeting thereof, held on the
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da y 0 f
Julv
,1986, by the following vote,
7th
10 to-wit:
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Reilly, Hernandez, Marks,
AYES:
Council Members
Quiel, Strickler
NAYS:
None
ABSENT:
Council Members Estrada, Frazier
~ffi'2~~~
/' Clty er
The fore90in9 resolution is hereby approved this /or{
July
day of
Approved as to form:
~1IU:<;v
Cl ty Attorney
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this
6th day of
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August
, 1986, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Forecast Corooration
, 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-
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11 division map (hereinafter called "map") entitled" 'fract 10600
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Phase II
(new #T13355)
"
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 dedi cations or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of ~/ork
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' s own expense, in .I 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 fi 1e 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 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 City Enqineer mav extend
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the time for completion of the improvements hereunder. Any such
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extension may be granted without notice to the Subdivider's surety,
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and extensions so granted shall not relieve the surety's liability
on the bond to secure the faithful oerformance of this agreement.
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The Citv Engineer shall be the sole and final judge as to whether
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or not good cause has been shown to entitle Subdivider to an exten-
sion.
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5. Repairs and Replacements
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Subdivider shall replace, or have replaced, or renair, or have
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repaired, as the case may be, all nines and monuments shown on the
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map which have been destroyed or damaged, and Subdivider shall re-
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nla~e cr reve replaced, repair, or have repaired, as the case may 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 property be owned bv the United States or
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any agency thereof, or the State of California, or any aqencv or
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pOlitical subdivision thereof, or bv the City or by any public or
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private corporation, or by anv person whomsoever, or by any combina-
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tion of such owners. Any such repair or replacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
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6. Util itv Denosits - Statement
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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 map,
a written statement signed bv Subdivider, and each pUblic utility
corporatic'n involved, to the effect that Subdivider has made all
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deposits legally required by such public utility corporation for
the connection of anY and all public utilities to be supplied bv
such pub1 ic uti1 ity corlloration within the Subdivision.
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Permits:
Comp 1 iance \~ith Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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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 comp1v with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
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8. Suoerintendence by Subdivider
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Subdivider shall give personal suoerintendence to the work on
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said improvement, or have a competent foreman or Superintendent,
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satisfactorv to the City Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all parts of the
work, and to the shops wherein the work is in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City imnrovement security as follows:
(1) ~n amount e~ual to at least one hundred percent of the total
estimated cost of the improvement and acts to be performed as
security for. the faithful perfprmance 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-
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 be performed ~s
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 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 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 annroval of
the Citv 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, rorwless
from any liability for damage or clair:ls foY' damage for personal injury,
including death, as ..,ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractnrs', 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 City, and its
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apoointive boards, commissions, officers, agents and employees
from any suits or actions at law or in eauity for damages caused,
or alleged to have beer caused, ~v reason of any of the aforesaid
operations, provided as follows:
a. That Citv dpes 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 ~n\' 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 any
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" not Citv has orepared, supplied or
approved of, olans 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 haw: obtained all insurance reaui red under this paragraph and
such insurance shall have been approved ~y City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence Vlcrk en 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 specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durin~ the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emolovees
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
C0mor: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 indemni~y 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 oublic liability and orooerty damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and emoloyees, Subdivider arod anv contra(
tor or subcontractor performing work covered by this agreement
from claims for damages for oersonal iniurv, including death,
as well as from claims for nroperty dama~e which may arise from
Sub(livider'~, 01' any contractor's or subcontractor's operati ons
hereunder, whether such operatior.s be by Subdivider or any
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 any
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 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 entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cr0SS-
1 iability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor ~r subcortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv 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 ~eriod of this agreement.
14. Title to Improvements
Title to, and ownershio 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 year after final acceptance of the
work oerformed under this agreement, anv structure or part of anv
strllct'lre furni ~hec and/or i nsta 1: 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 soecifications 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. fe r:otified, City may a
its cpticn, make the necessarv repairs or replacements or oerform
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 "(]l'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 otller servi cos connected with the City
in regard to the subdivision. Said fees shall be oaid orior 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 Subdi vi del' shoul d be adjudged a bankrurt. or Subdivi del'
should make a general assion'llent for the benefit of Subdivider's
creditors. or if a receiver should be appointed in the event of
Silbdi\'iC:Er's insolvency, or if Sll{-C~i\'icEr, Or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agl'ee01ent, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnilnce tw Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OVf.:r anc cOlT:nlete I;he \'Iork and the improvement
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 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 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 COo1-
pleting the work, such materials, apoliances, 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 bv 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 "D" Street, San Bernardino,
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California 92418.
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Notices re~uired to be 9iven to Subdivider shall be addressed as follows:
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Forecast Mortgage Corooration
7365 Hellman Avenue. Rancho Cucamonga. CA 91730
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Notices required to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance
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P.O. Box 3343, Anaheim, CA 92803
Provided t'lat any party or the surety may chanqe such address bv notice in
writing to the other party and thereafter notices shall be addressed and
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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 year first above written.
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ATTEST:
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By
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1t(~~m
e1ty lerk
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SIJBDIVInE~
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Anproved as to form:
~~hui<4/
i ty A torney
By:
By:
INSTRUCTIONS
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
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STATE OF CALlFQIDlIA C2. d . Iss.
COUNTY OF _co,dn r J....rnar. Inn I
On IILn ~~ 1.4-} I q f3{O I before me, the undersigned, a Notary Public in and for
$aid State, personally appeared 'it m es P. Pre_v lOti and
Fe II P"'- f'")1l<<; +0 IYlOfl t... - ,personally known to me (or proved to meon the
basis of satisfactory evidence) to be the persons who executed the within instrument as
+h e ~ President soli +hL Secretary, on behalf of
fVre(lil~t Mor+~o..qe. & ~t1.f1M ,
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the corporation thereiR named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
.. OffiCIAL SEAL
OARlYNE A. EVERHART
NOTARYPUBUC. CALFOf\.IIIA
SAN BERNARDINO COUNTY
My Comm. Expires Sept. 15, 1989
(This area for official notarial seal)
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Signature
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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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Crean and Schack
P.O. Box 1160
Ontario, CA 91762
714-983-1885
COMPANIES AFFORDING COVERAGES
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Ins
COMPANY
LETTER
A
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Argonaut Insurance
COMPANY
LETTER
NA'M AND AL:'[)WSS 0' IN".;JREC'
;'. ! COMPANY
t, ' LETTER
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COMPANY
LETTER
Forecast Mortgage
7365 Hellman Ave
Rancho Cucamonga,
Corporation
COMPANY
LETTER
CA 91730
COMPANY
lETTER
TYPE OF INSURANCE
POLICY
EXPIRATION DATE
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or otner document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies.
limits of Liabilit in Thousan 5 (
EACH
OCCURRENCE
POLICY NUMBER
AGGREGATE
GENERAL LIABILITY
$
$
BOQIL Y INJURY
[Z:COMPREHENSIVE FORM
ex PRE MIS ES-OPERA TIONS
o EXPLOSION AND COLLAPSE
HAZARD
o UNDERGROUND HAZARD
(]t PRODUCTS/COMPLETED
OPERATIONS HAZARD
~CONTRACTUAl INSURANCE
[JBROAD FORM PROPERTY
DAMAGE
[JtINDEPENDENT CONTRACTORS
[XPERSONAL INJURY
TO FOLLOW
4-11-87
PROPERTY DAMAGE
$
$
BOOIL Y INJURY AND
PROPERTY DAMAGE
COMBINED
$ 1,000
$1,000,
PERSONAL INJURY $
BODILY INJURY $
(EACH PERSON)
BOOlL Y INJURY $
(EACH ACCIDE~T)
PROPERTY DAMAGE $
BODilY INJURY AND
PROPERTY DAMAGE $
COMBINED
BODilY INJURY AND
PROPERTY DAMAGE $
COMBINED
AUTOMOBILE LIABILITY
o COMPREHENSIVE FORM
DOWNED
D HIRED
o NON-OWNED
EXCESS LIABILITY
D UMBRELLA FORM
D OTHER THAN UMBRELLA
FORM
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
DESCRIPTION OF OPERATlONSIlOCATIONSNEHICLES
The certificate h,ol,c;Ier is named as additional insured..
ACORD 25 (1.79)
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 2Q... days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
6-5-86
DATE ISSUED:
City Of San Bernard.ino
300 North, '~D'~ Street
San Bernardino, CJ\, 92418
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AUTHORIZED REPRESENTATIVE
L. CERTIFICAI'E OF INSURANCE
-L
[!]FREMONT INDEMNITY COMPANY 0 COMSTOCK INSURANCE COMPANY
DATE: 3/12/86
TO: CIn OF SAN BERNAllDIRO
Building & Safety Dept.
300 H. "D" St., Roo. 331
San Bernardino, CA 92418
EMPLOYEA;ouCAST MORTGAGE CORP.
7365 Hellman Ave.
Rancho CucallOnga, CA 91730
POLICY NO.
WK 86 230843-02
POLICY PERIOD
2/15/86 - 2/15/87
PRODUCER
ROCKWELL INSURANCE AGENCY, INC.
P. O. Box 1517
Ontario, CA 91762
THIS IS TO CERTIFY that we have issued a valid Workers' Compensation and Employers Liability policy in a form
approved by the Department of Insurance to the Employer named above for the policy period indicated.
COVERAGE LIMITS:
WORKERS' COMPENSATION ......................... ... ....... STATUTORY
EMPLOYERS LIABILITY
Bodily Injury by Accident ........................ $100.000. Each Accident
Bodily Injury by Disease ......................... $100.000. Each Employee
Bodily Injury by Disease ......................... $500.000. Policy Limit
Should the above described policy be cancelled before the expiration date thereof. the company will endevor to
mail TEN days written notice to the above named certificate holder, but failure to mail such notice shall impose no
obligation or liability upon the company.
Description of operations (if required)
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COUNTERSIGNED BY:
(~.....~ d' ~
WCUOSO (3-85)
Edward J. Lieber, Secretary
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