HomeMy WebLinkAbout1986-352
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RESOLUTION NO. 86 352
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH ALAN KWONG CONDITIONALLY APPROVING
3 ROOFING AT FACILITIES LOCATED AT III EAST HOSPITALITY LANE, AND
PROVIDING FOR IMPROVEMENT SECURITY THEREFOR.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1. The Mayor of the City of San Bernardino is hereby
7 authorized and directed to execute on behalf of said City an
8 Agreement with Alan Kwong conditionally approving roofing at
9 facilities located at III East Hospitality Lane, and providing for
10 improvement security therefor, a copy of which is attached hereto,
11 marked Exhibit "A" and incorporated herein by reference as fully
12 as though set forth at length.
13 I HEREBY CERTIFY that the foregoing resolution was duly
14 adopted by the Mayor and Common Council of the City of San
15 Bernardino at an adiouxned reqular
meeting thereof, held on
16 the 9th
17 to wit:
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19
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21
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23
24
25 of
26
27 AP;?Je"d :w;6Z
28 ~ney
day of
, 1986, by the following vote,
September
AYES:
Council Members Estrada. Reillv. Frazier. Strickler
NAYS:
Council Member Hernandez
ABSENT:
Council Members Marks. Ouiel
The foregoing resolution is
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-' City Clerk
approved this J{}rL day
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September
, 1986.
Bernardino
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AGREEMENT
2 THIS AGREEMENT is made and entered into this ~day of
3 ~4tt;~ , 1986, by and between the CITY OF SAN
4 BE~ARDINO, a municipal corporation, hereinafter referred to as
5 "City", and ALAN KWONG, hereinafter referred to as "KWONG".
6 The parties agree as follows:
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8
1. Recitals.
A. That Kwong owns the LOTUS RESTAURANT at III East
9 Hospitality Lane, San Bernardino, California.
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B. That the roof of said restaurant is composed of
11 tiles that have not been approved by International Conference of
12 Building Officials, hereinafter referred to as ICBO, which
13 approval is required by Section 6001 of the 1982 Uniform Building
14 Code.
15
2. Securitv Deposit.
Kwong shall deliver an improvement
16 security to the city described as follows:
17
A. A deposit or deposits of $20,000 made with the
18 City of money or negotiable bonds of the kind approved for
19 securing deposits of public moniesl or
20
B. A bond or bonds by one or more duly authorized
21 corporate sureties 1 or
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C. An instrument or instruments of credit from one
23 or more financial institutions subject to regulation by the state
24 or federal government pledging that the funds necessary to meet
25 the performance are on deposit and guaranteed for payment and
26 agreeing that the funds designated by the instrument shall become
27 trust funds for the purposes set forth in the instrument.
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1 3. Enforcement. The City shall delay enforcing Section
2 6001 of the Uniform Building Code for a period of twelve (12)
3 months.
4 4. Approval of ICBO. During the twelve-month period,
5 Kwong shall seek testing and approval through ICBO of the roof.
6 5. Replacement of Roof. If ICBO approval is denied then
7 within sixty (60) calendar days, Kwong shall replace the roof of
8 said building with materials approved by ICBO. If work is not
9 completed within said period, the City is hereby granted
10 permission to cause such work to be accomplished using the said
11 security required herein to guarantee such work.
12 6. Hold Harmless. Kwong hereby agrees to, and shall, hold
13 City, its elective and appointive boards, commissions, officers,
14 agents and employees, harmless from any liability for damage or
15 claims for personal injury, including death as well as from
16 claims for property damage which may arise from the unimproved
17 roof tiles remaining for said period on the roof and from the
18 replacement thereof. Furthermore, Kwong agrees to, and shall,
19 defend City and its elective and appointive boards, commissions,
20 officers, agents and employees from any suits or actions at law
21 or in equity for damages caused, or alleged to have been caused,
22 by reason of any of the aforesaid circumtances.
23 7. Insurance. Kwong shall take out and maintain during
24 the life of this contract such public liability and property
25 damage insurance as shall protect City, its elective and
26 appointive boards, officers, agents and employees, Kwong and any
27 subcontractor performing work covered by this contract from
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1 claims for damages for personal injury, including death, as well
2 as from claims for property damage which may arise from Kwong's
3 or any subcontractor's operations under this contract, whether
4 such operations be by Kwong or by any subcontractor, or by anyone
5 directly or indirectly employed by either Kwong or any
6 subcontractor, and the amounts of such insurance shall be as
7 follows:
8
(a)
The amount shall not be less than one million dollars
9 ($1,000,000) of general comprehensive liability insurance,
10 combined single limit per claim with an aggregate of five million
11 dollars ($5,000,000). The City shall be named as an additional
12 insured in the insurance policy.
13 IN WITNESS WHEREOF, the parties have executed this
14 agreement on the day and year first above written.
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16
17
18 ATTEST:
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19 City Clerk
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CITY OF SAN BERNARDINO
By i~c/u/' fu;/
ayor
KwonJil
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ved as to form:
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ttorney
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