HomeMy WebLinkAbout1987-010
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12/22/86 28
RESOLUTION NO. 87-10
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 11844, LOCATED ON THE SOUTH
SIDE OF BELMONT AVENUE BETWEEN WALNUT AVENUE AND 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. 11844, located on the South side
of Belmont Avenue between Walnut and Pine Avenues, 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 uti on No. 84-8 wi th V. S. L.
Enterprise, Inc., for the improvements 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 improve-
ments are specifically described and shown on Drawings No. 7046
and 7045, 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
precedent to approval of the Final Map, the Subdivider shall
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12/22/86 28
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 HERE8Y CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the Ci ty of San
8ernardino at a
meeting thereof, held on the
reqular
5th
day of
,19...8], by the following vote,
Januarv
to-wit:
AYES:
Council Members R~illy HArn~nnA7. M~rk~
Ouiel. FrR~i~r_ S~ri~klAr
NAYS:
ABSENT:
None
COl]n~il MAmhAT R~~r~n~
.....bI"A'/~Ab
" City C 1 e r k
The foregoing resolution is hereby approved this
8th
day of
19...8].
Approved as to form:
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.8.~.R.IIMI!!1
(subdivision improvements)
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is made and entered into thiso<oC..L. day of
, 198~ by and between the CITY OF SAN BERNARDINO
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hereinafter referred to as "City", and
, hereinafter referred to as
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VSL ENTERPRISES, INC.
"Subdivider".
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.R.II.!.TA.b.~:
Subdivider has presented to City for approval a final sub-
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11 riivision map (hereinafter called "map") entitled" TRACT' 11844
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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,
which map is hereby referred to and incorporated herein.
Subdivide~ 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.
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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 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 ,\ 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
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the Citv Engineer may extend
the time for completion of the improvements hereunder. Any such
extension m~v be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liability
on the bond to secure the faithful Derformance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have re~laced, or reoair, or have
repaired, as the case may be, all niDes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
ola~e cr rave renlaced, repair, or have repaired, as the case ~av be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
any.agencv thereof, or the State of California, or any agency or
political subdivision thereof, or bv the City or by any pUblic or
private corporation, or by any person whomsoever, or by any combina-
tion of such owners. Any such re~air or reolacement shall be to the
satisfaction, and SUbject to the approval, of the Citv Engineer.
6. Iltl1 itv Denosits - Statement
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 mao,
a written statement signed bv Subdivider, and each public uti1itv
corpor;.tic'n involved, to the effect that Suhdividpr has made all
deoosits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
such public utility cornoration within the Subdivision.
7. Permits: Compliance \~ith 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 re~uired bv
law. Subdivider shall comn1v with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipa1 Code.
8. Suoerintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactorv 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 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 Ci~y imnrovement securi~v as follows:
(1) lln amount E0ual tC' at least one hundred percent of the total
estimated cost of the imnrovement and acts to be performed as
sec~rity 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 nerformed as security 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 nerformed 2S
securitv for the guarantee and warrantv of the work for a period of
one (I) year following the completion and acceptance thereof agaipst
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv the securitv 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 securitv furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino ~unicinal Code; and
the type shall he at the option of and suhject to the annroval of
the City Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, rRrr.less
from any liabil ity for damage or clail:ts foy' damage for personal injury,
i~cl"dinq death, as '~ell as from claims for prouertv damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', aQents'
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 arrees to, and shall, defend Citv, and its
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apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in equitv for damages caused,
or alleged to have beep caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, ~Iaive 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 Citv 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 clai~s for damages of every kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether 01" not Citv has oreoared, supplied or
approved of, n1ans and/or specifications for the subdivision,
or y"egard1ess of whether or not such insurante pol icies 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 reQuired under this paragraph and
such insurance shall have been approved by Citv Attornev as to form,
amount and carrier, nor shall subdivider allow any contractor or Sub-
contractor to commence ~:crk en hi s contract or subcontract unti 1 a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reouirements herein provided
shall apoear either in the body of the insurance policies or as endorse-
ments and shall specifica11v bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emolovees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require anv contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor'$ emnlovee$, unless such emolovees
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 anv Workmen's
Ccmpr:nsotion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of emplovees not otherwise nrotected. Subdivider
shall indemnify Citv for any 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 durinQ the life of this
agreement such public liability and nroperty damage insurance
as shall insure City, its elective and annointive boards. commis-
sions, officers, agents and employees, Subdivider ar.d anv contral
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including rleat~.
as well as from claims for nrnperty dama'le which may arise from
Subllivider'~, 01' any contractor's or subcontractor's operations
hereunder, whether such operatior-s be by Subdivider or anv
contractor or subcontractor, or bv anvone directlv or indirectly
employed bv either Subdivider or any contractor os $ubcontractor,
and the amounts of such insurance shall be as follows:
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerformed uncer this agreeMent, any structure or nart of anI'
strllct'lre fllrni~hec and/or instaPed or constructed, or caused
to be installed or constructed bv Subdivider, or anI' of the work
done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anI' cost to City, renair
or replace or reconstruct any defective or otherwise unsat;sfact-
orv 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 Subdividi:r car. ~e r.ctified, City may a
its opticn, make the necessary 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 anI' of Subdivider's agents or contractors
are or shall be considered to be i,(lf'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
engineering insflections and otl:f.'r services connected with the Citv
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 anI' extensions th~rof
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjud!ICd a bankrunt, or Subdivider
should make a general ilssinn'TIent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
SubdlviC:Er's insolvency, or if Sllh<~ivicer, Or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agl'eement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of bl'each of this agreement, or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance "" Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take ov<;r anc cOT!"l1lete \:he work and the improvcr:!ent
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 perfonnance of the contract, and does not commence perfOr11lMCC
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 deer:! advisable, for
the account and elt 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 bv registered mail, postage prepaid.
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Notices required to be given to Citv shall be addressed as follows:
City Administrator. City Hall. 300 North "0" Street. San Bernardino.
]
California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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U~T V'tolQlVDDDTC!1l"c:!.
TV,.. I]??E:. f"':ft.)Jvnu ....VR(:..I' nDTlTR
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BLDG. 300, SUITE 357, RIVERSIDE, CA 92507
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Notices required to be given surety of Subdivider shall be addressed as
follows:
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Provided that any party or the surety may change such address by 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 parti es hereto have executed this agreement on
the day and year first above written.
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ATTEST:
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B.
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STATE OF CALIFORNIA ,.., /U.-rl") /' IJ - Js..
COUNTY OF !5. _ c;./~ / /;;. I
0" . ~e-m 13e-.e.. ~ ~ f fe:> before me. the undersigned. e Notary Public in and for
saidState.personally~pearad V, 5C-el1" I--btJe:-L.,L and
y-Olhv fZ. MVt3=LV (
"' , personally known to me (or proved to me on the
f
basis of satisfactory evidence) to be the persons who executed the within instrument as
President snli
E r1lTe I! PIli {;,z-S;; :hVC!...,
Sacratary, on behalf of JJ S l-
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.
Q OFFICIAL SEAL
EMIliE J POTTS
. NOTARY PUBLIC. CALIFORNIA
RIVERSIDE COUIlTY
My _m. expires SEP 24, 1990
Signature
(This area for official notarial seal)
executed in
e corporate name
and signed by the President or a Vice-President ar.d the
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1 Secretary or ~ssistant Secretarv. 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 Subdivi der.
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