HomeMy WebLinkAbout1982-1911
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RESOLUTION NO. 82-191
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
FOR SUBDIVISION TRACT NO. 11118, LOCATED 600 FEET NORTHWEST OF THE INTERSECTI
OF LITTLE LEAGUE DRIVE AND MEYERS ROAD; ACCEPTING THE PUBLIC DEDICATIONS AS
SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION.
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 Sub-
division Tract No. 11118, located 600 feet Northwest of the intersection of
Little League Drive and Meyers Road, 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 an agreement with L. B. Development
Corporation for the improvements in said Subdivision Tract as required by
Title 18 of the City Municipal Code and the California Subdivision Map Act.
Said improvements are specifically described and shown on Drawing No. 6204
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 and offers of dedications within the subdivision as
shown on said Final Map for streets, alleys, including access rights,
drainage and other public easements. As a condition 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.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
__ regular meeting thereof, held on the 3rd day
of _ rlay , 19_L2_., by the following vote, to wit:
AYES: COUNCIL MEMBERS Castaneda, Reilly, 4uiel,
Hobbs_
HAYS: None
ABSENT
Council Members Hernandez, Botts, Strickler
'City lerk—�
The foregoing resolution is hereby approved this
day of May IQ R
Approved as to form:
Z&so�)/441 - —
C ty AttqFrney
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AGREEMENT
(subdivision improvements)
THIS AGREEMENT is made and entered into this ,T day of
198A, by and between the CITY OF SAN BERNARDINO
a municipa corporation, hereinafter referred to as "City", and
L. B. DEVELOPMENT CORPORATION , hereinafter referred to as
"Subdivider".
RECITALS:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled "
TRAGI NO. 11118
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 U e 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 "!ubdivision")
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 Flans and
specifications are now on file in the office of the City Engineer of
city.
Council has apprdved 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 satisfactory performance by Subdivider
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 a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
subdivision to complete the improvements in accordance
with the plans and specifications on file 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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I work to be within 24 MONTHS
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2 from the date hereof.
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4. Time of Essence - Extension
4 Time is of the essence of this agreement; provided, that
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5 in the event good cause is shown therefor, the City
6 II Engineer may extend the time for completion of the
7 improvements hereunder. Any such extension may be
8 granted without notice to the Subdivider's surety, and
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I extensions so granted shall not relieve the surety's
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10 liability on the bond to secure the faithful performance
11 of this agreement. The City Engineer shall be the sole
12 and final judge as to whether or not good cause has beer
13 shown to entitle Subdivider to an extension.
14 5. Repairs and Replacements
15 Subdivider shall replace, or have replaced, or repair,
16 or have repaired, as the case may be, all pipes and
17 monuments shown on the map which have been destroyed
18 or damaged, and Subdivider shall replace or have re -
19 placed, repair, or have repaired, as the case may be,
20 or pay to the owner, the entire cost of replacement or
21 repairs, of any and all property damaged or destroyed
22 by reason of any work done hereunder, whether such
23 property be owned by the United States or any agency
24 thereof, or the State of California, or any agency or
25 political subdivision thereof, or by the City or by
26 any public or private corporation, or by any person
27 whomsoever, or by any combination of such owners. Any
28 such repair or replacement shall be to ti:e satisfaction,
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and subject to the approval, of the City Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the
area delineated on the map, a written statement signed
by Subdivider, and each public utility corporation in-
volved, 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 by such public utility corporation with in the
subdivision.
7. 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 required by law. Subdivider shall
comply with all provisions of the Subdivision Map Act
and Title 18 San Bernardino Municipal 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 City Engineer
on the work at all times during progress, with authority
to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities
and provide safe access for inspection by City, to all
parts of the work, and to the shops wherein the work
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I is in preparation.
2 10. Contract Security
3 Concurrently with the execution hereof, Subdivider shall
a furnish to City improvement security as follows:
5 (1) An amount equal to at lease one hundred percent
6 of the total estimated cost of the improvements and
7 acts to be performed as security for the faithful
8 performance of this agreement;
9 (2) An amount equal to at least fifty percent of the
10 total estimated cost of the improvements and acts
11 to be performed as security for the payment of all
12 persons performing labor and furnishing materials
13 in connection with this agreement; and
14 (3) An amount equal to at least twenty-five percent
15 of the total estimated cost of the improvements
16 and acts to be performed as security for the guarantee
17 and warranty of the work for a period of one (1) year
18 following the completion and acceptance thereof against
19 any defective work or labor done, or defective materials
20 furnished. As a part of the obligation guaranteed by
21 the security and in addition to the face amount of the
22 security, there shall be included costs and reasonable
23 expenses and fees, including reasonable attorneys' fees
24 incurred by City in successfully enforcing the obligation
25 secured. The type of security furnished shall be in the
26 form of bonds, deposits or letters of credit as provided
27 in Title 18 San Bernardino Municipal Code.
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and the type shall be at the option of and subject
to the approval of the City Engineer and the City
Attorney.
11. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers,
agents and employees, harmless from any liability for
damage or claims for damage for personal injury, inclu-
ding death, as well as from claims for property damage
which may arise from Subdivider's or Subdivider's con-
tractors', subcontractors', agents' or employees'
operations under this agreement, whether such operation
be by Subdivider or by any of Subdivider's contractors,
subcontractors, or by any one or more persons directly
or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcon
tractors. Subdivider agrees to, and shall, defend
City, and its elective and appointive boards, commissio
officers, agents and employees from any suits or action
at law or in equity for damages caused, or alleged to
have been 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
of the acceptance by City, or the deposit with City
by Subdivider, of any of the insurance policies
described in Paragraph 12 hereof.
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b. That the aforesaid hold harmless agreement by Sub-
divider shall aptly to all damages and claims for
damages of every kind suffered, or alleged to
have been suffered, by reason of any of the afore-
said operations referred to in this paragraph, re-
gardless of whether or not City has prepared,
supplied or approved of, plans and/or specificatio
for the subdivision, or regardless of whether or
not such insurance policies shall have been deter-
mined to be applicable to any of such damages or
claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreemen
until Subdivider shall have obtained all insurance
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount
and carrier, nor shall Subdivider allow any contractor
or subcontractor to commence work on his contract or
subcontract until all similar insurance required of th(
contractor or subcontractor shall have been so obtainer
and approved. All requirements herein provided shall
appear either in the body of the insurance policies or
as endorsements and shall specifically bind the insur-
ance carrier.
a. Compensation Insurance
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation Insurance for all
Subdivider's employees employed at the site of im-
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1 II provement, and in case any work is sublet, Subdiv
2 11 shall require any contractor or subcontractor
3 i similarly to provide Workmen's Compensation
4 for all contractor's or subcontractor's employees,
5 unless such employees are covered by the protection
6 afforded by Subdivider. In case any class of em -
7 ployees engaged in work under this agreement at the
8 site of the project is not protected under any
9 Workmen's Compensation law, Subdivider shall provide
10 and shall cause each contractor and subcontractor to
11 p nvide, adequate insurance for the protection of
12 employees not otherwise protected. Subdivider shall
13 indemnify City for any damage resulting to it from
14 failure of either Subdivider or any contractor or
15 subcontractor to take out or maintain such insurance.
16 b, Public Liability and Property Damage Insurance
17 Subdivider shall take out and maintain during the lii
18 of this agreement such public liability and property
19 damage insurance as shall insure City, its elective
20 and appointive boards, commissions, officers, agents
21 and employees, Subdivider and any contractor or sub -
22 contractor performing work covered by this agreement
23 from claims for damages for personal injury, inclu-
24 ding death, as well as from claims for property
25 damage which may arise from Subdivider's or any
26 contractor's or subcontractor's operations hereunder,
27 whether such operations be by Subdivider or any
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contractor or subcontractor, or by anyone directly
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or indirectly employed by either Subdivider or ally
contractor or subcontractor, and the amounts of suclil
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $100,000 f<�r
injuries, including, but not limited to, dean;,
to any one person and, subject to the same
limit for each person, in an amount not less
than $ 300,000 on account of any one
occurrence;
(2) Property Damage Insurance
In an amount not less than $50,000 for
damage to the property of each person on accoun
of any one occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such policy shall
contain a standard form of cross -liability endorse-
ment, insuring on such policy City, its elective
and appointive boards, commissions, officers, ag,n±s
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreement
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of t:e
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
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, of the cancellation or reduction in coverage of any
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2 policy during the effective period of this agreement.
3 I 14. Title to Improvements
4 Title to, and ownership of, all improvements constructed
S hereunder by Subdivider shall vest absolutely in City,
6 upon completion and acceptance of such improvements by
7 City.
8 15. Repair or Reconstruction of Defective Work
9 If, within a period of one year after final acceptance
10 of the work performed under this agreement, any structtliu
11 or part of any structure furnished and/or installed or
12 constructed, or caused to be installed or constructed by
13 Subdivider, or any of the work done under this agreerdent,
14 fails to fulfill any of the requirements of this agree -
15 ment or the specifications referred to herein, Subdivider
16 shall without delay and without any cost to City, repair
17 or replace or reconstruct any defective or otherwise
18 unsatisfactory part or parts of the work or structures,
19. Should Subdivider fail to act promptly or in accordance
20 with this requirement, or should the exigencies of the
21 Subdivider can be notified, City may, at its option,
22 make the necessary repairs or replacements or perform
23 the necessary work and Subdivider shall pay to City the.
24 actual cost of such repairs plus fifteen percent (151).
25 16. Subdivider Not Agent of Cit
26 Neither Subdvider nor any of Subdivider's agents or con -
27 tractors are or shall be considered to be agents of City
28 in connection with the performance of Subdivider's obli-
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gations 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 con-
struction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution :rf
the work, or any severable part thereof, with such
diligence as will insure its completion within the time
specified, or any extensions thereof, or fails to obtain
completion of said work within such time, or if the
Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of
Subdivider's creditors, or if a receiver should be
appointed.in the event of Subdivider's insolvency, or if
Subdivider, or any of Subdivider's contractors, subcon-
tractors, agents or employees, should violate any of the
provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Sub
divider's surety of breach of this agreement, or of any
portion thereof, and default of Subdivider.
19. Breach of Agreement: Performance by Surety or City
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the work
and the improvement herein specified; provided, however,
that if the surety, within five days after the serving
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upon it of such notice of breach, does not give City
written notice of its intention to take over the perfor-
mance of the contract, and does not commence performanc
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 Subdivider, and Subdivider's surety shall be
liable to City for any excess cost or damages occasioned
City thereby; and, in such event, City, without liabilit
for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plant
and other property belonging to Subdivider as may be
on the site of the work and necessary therefor.
20. Notices
All notices herein required shall be in writing, and de-
livered in person or sent by registered mail, postage
prepaid.'
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 required to be given to Subdivider shall be
addressed as follows; L. B. DEVELOPMENT CORP.,
6819 SEPULVEDA BLVD., SUITE 204, VAN NUYS, CA. 91405
Notices required to be given surety of Subdivider shall
be addressed as follows: DEVELOPERS INSURANCE COMPANY,
POST OFFICE BOX 1159, IAS ALAMITOS, CA. 90720
Provided that any party or the surety may change such
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address by 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 year first above written.
ATTEST:
Approved as to form:
City AtWbrney
SUBDIVIDER
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address by 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 year first above written.
ATTEST:
Approved as to form:
City AtWbrney
SUBDIVIDER
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address by 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 year first above written.
ATTEST:
Approved as to form:
City AtWbrney
SUBDIVIDER
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
executed in the corporate name and signed by the President or a
Vice -President and the Secretary or Assistant Secretary, and the
corporate seal affixed. If the Subdivider is a partnership, it
must be signed by all partners. If the Subdivider is an individual
doing business under a fictitious name, it must be signed by all
persons having an interest in the business, and the fictitious
name must be signed also. The agreement must be notarized by the
ivider.
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By
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
executed in the corporate name and signed by the President or a
Vice -President and the Secretary or Assistant Secretary, and the
corporate seal affixed. If the Subdivider is a partnership, it
must be signed by all partners. If the Subdivider is an individual
doing business under a fictitious name, it must be signed by all
persons having an interest in the business, and the fictitious
name must be signed also. The agreement must be notarized by the
ivider.
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To 1945 CA (a_94)
(Corporation)
JITILE INSURANCE
AND TRUST
STATE OF CALIFORNIA nnrnR WMaAaY
COUNTY OF Los Angeles SS.
nn April 15, 1982 before me, the undersigned, a Notary Public in and for said
State, personally appeared Louis Ber cyw3.tZ
known to me to be the President, and Marion Berkowitz
known to me to be Secretary
of the corporation that executed the within Instrument,
known to me to be the persons who 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 directors.
WITNESS my hand and official seal.
Signature
KAY
OFFU.' ^ n T,
SAMRA K1Y IEEDY
NOT PY Pt)'! iC CAI I _"NIA
LOS fN"a'L S COJNTY
My comm. expires JUN 21, 1C82
(This area for official notarial seal)