HomeMy WebLinkAbout1987-011
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12/22/86 28
RESOLUTION NO.
87=11
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROV ING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 11845, LOCATED ON THE SOUTH
SIDE OF BELMONT AVENUE BETWEEN WALNUT 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. 11845, 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 Resolution No. B4-8 with 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. 7044
and 7043, 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 HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the Ci ty of San
Bernardino at a
meeting thereof, hel d on the
, 19.Jl], by the following vote,
reaular
5th
day 0 f
Januarv
to-wi t:
AYES:
Counci 1 Members
Hp,rn;::lnnA7 M;::Ir'k-c
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Rej lly
Ouiel FrA7.1AT ~rri~kl~r
NAYS: None
ABSENT:
COllncil mpmhAr R~+r~~~
/~~
The foregoing resolution is hereby approved this 8th
day of
, 19..B.:1'
~~})~
M yor of e 6 of an ~ nardino
Janl1Rry
Approved as to form:
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A~.!H.IMI!i T
(subdivision improvements)
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THI GREEMENT is made and entered into this o<'l>C0day of
191~ by and between the CITY OF SAN BERNARDINO
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a munici hereinafter referred to as "City", a,nd
Vf::T. RNTERPRISES. INC.
, hereinafter referred to as .
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"Subdivider".
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Subdivider has presented to City for approval a final sub-.
rtivision map (hereinafter called "map") entitled" TRACT 111845
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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.
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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 "subdivisiori")
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
Muni ci pal 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 Work
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 Qrdered 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 whi ch are now on
file in his office, and to the satisfaction of said City
Engineer.
J. Work: Time for Commencement and Performance
City hereby fixes the time for the c~mpletion of said
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work to be within
from the date hereof.
4. Time of Essence - Extension
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Time is of the essence .of this agreement; provided, that in the
event good cause is shown therefor, the City En~ineer may extend
the time for completion of the improvements hereunder. Any such
extension m~y be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liability
on th~ bond to secure the faithful oerformance 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 replaced, or repair, or have
repaired, as the case may be, all pioes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
plar.e cr ~Gve replaced, repair, or have repaired, as the case ~y 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
a~v ,agency thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever,or ~v any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and suhject to the approval, of the Citv Engineer.
.6. IJtility Deposits - 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 man,
a written .statement signed bv Subdivider, and each public utility
corpor~ti~n involved, to the effect that Suhdividpr has made all
deposits legally required by such public utility cornoration for
the connection of anY and all public utilities to be supplied by
such public utility corlloriltion within the Subdivision.
? 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 reouired bV
law. Subdivider shall comply with all provisions of the Subdivi-
sion 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 Citv 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 bv City, to all parts rof the
work, and to the sholls 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.l1ual to at least one hundred oercent of the total
estimated cost of the imorovement and acts to be performed as
sec~ritv 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 oerformed 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 oerformed es
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 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 8ernardino ~unicinal Code; and
the type shall he at the option of and suhject to the arlllroval. of
the City 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, ~<<rwlp.ss
from any liability for damage or clail:ls for damage for personal injury,
including death, as "Iell as from claims for pro!Jcrh' damage which mav arise
from Subdivider's or Subdiyider'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 arree$ to, and shall, defend City, and its
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ap~ointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have ~eep caused, by reason of anv of the aforesaid
operaticns, provided as follows:
a. That Citv does not, and shall not, ~Iaive 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 Cit.y by Subdivider, or i'n\' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether cr' not City has I)re~ared, 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 anv of such damaQes
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,~ obtained all insurance reQui red under this paragranh and
such insurance shall have been approved bY City Attorney as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to commence ~~rk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reouirements herein orovided
shall apnear ei ther 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 emolovees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emoloveps, unless such emoloyees
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
Cempp.ns~tiQn 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 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 during the life of this
agreement such ~ublic liability and propertv dama~e insurance
as shall insure City, its elective and appointive boards, commis.
sions, officers, agents and employees, Subdivider and any contral
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including neath,
as well as from claims for nroperty dama'le which mav arise from
Sublli\'ider'~ 01' any contractor's or subcontractor's operations
hereunder, whether such operatioPs be by Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectly
emploved by either Subdivider or anY contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liahi1 itv Insurancp.
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In an amount not ~E:SS than $ 100.000.00
for
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injuries, including, but not limited to, death, to any
one oerson and, subjp.ct to the san~ limit for each
person, in an amount not less than S 300,000.00
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on account of any one occurrence;
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(2) Property Damage Insurance
In an amount not less than $ 50.000.00
for
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damage to the pronerty of each person on account of any
one occurrence.
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In 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 po1icv shall contain a standard form of cr~ss-
liability endorsement, insuring on such pOlicy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor ~r subcontractor
performing work covered bv this agreement.
13. Evidence of Insurance
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Subdivider shall furnish City concurrently with the execution
hereof, with satisfacto~v evidence of the insurance reauired, and
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evidence that each carrier is required to give Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any po1i~v 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 Oefective Work
If, within a period of one year after final acceptance of the
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work oerformed un~er this agreement. anv structure or part of anv
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structllre furni5hec ~,nd/or instal~ed or constructed, or caused
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to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill anv of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anv cost to Citv, repair
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or replace or reconstruct anv 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 Subdivid(,r car. ~.e notified, Citv may a
its opticn, make the necessarv repairs or replacements or perform
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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
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Neither Subdivider nor any of Subdivider's agents or contractors
are or sha 11 be consi dered to be i'~f>nts cf C itv in connecti on wi th
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
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engineering insrections and otl!er services connected with the City
in regard to the subdivision. Said fees shall be paid prior to
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commencing any construction.
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18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
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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 Subdivi<ler shoul<l he ad,jud!)cd a bankrupt. or Subdivider
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should make a general assion 1lCnt for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdi\'iC:n's insolvency, 01" if Subc~i\'i~er, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agl"eement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
surety of bl~ach of this agreement, or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance OV Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take OVl.ir anC: cOll:nlete the \1ork and the improvement
herein specified; provided, however, that if the suret~, 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 perfornlilncc
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 an.v excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
li~y for so doing, may take possession of, and utilize in COM-
pleting the work, such materials, aooliances, 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 delivered
1n person or sent by registered mail, postage prepaid.
STATE OF CALIFORNIA K ()-'< Dr 'IJ"-- }I
COUNlYOF I "" ~/. & ss.
On k(!eMI3ETI<- i 1<78(" I
. ' before me, the undersigned, a Notary Public in and for
saId State, personally appeared II, S;e57T L/) IJe:"'f
$O/hU 1<. ~Ik::t:..-r- and
. ' personally known to me (or proved to me on the
basIs of satisfactory evidence) to be the persons who executed the within instrument as
President and S
F~PP' S ecretary, on behalf of
I<-t es ;TAJr:!....
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.
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Notices required to be given to City shall be addressed as follows:
City AcWinistrator, City Hall, 300 North "0" Street, San Bernardino,
J
California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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UC!T
DU'I'VDDPTC\!VC!
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TU~ . ~??~ ~&NVnU ~DVC!~ nDTVV
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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 par~y or the surety m~v c~ange such address bv notice in
writing to the other par~v and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the d~v and year first above written.
ATTEST:
. B.v:
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]lSL
=r
WITNESS my han
ielal seal.
@) OFFICIAL SEAL
EMILIE J POTTS
. NOTAIl'f PUBLIC - CALIFORNIA
RIVERSIIl! COIIIfTY
My mmm. exp~.. SiP 24, 1990
Signature
(This area for official notarial Seal)
executed in
e corporate name
and signed b.v the Presil1ent or II....", . .........mt ilr.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 sic,)ned bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all I)ersons 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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