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HomeMy WebLinkAbout1987-013 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1:;/>>4, RESOLUTION NO. 87-13 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13039, LOCATED ON THE NORTHWEST CORNER OF KENDALL DRIVE AND UNIVERSITY PARKWAY, 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 COUNC IL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council find that proposed Subdivision Tract No. 13039, located on the Northeast corner of Kendall Drive and University Parkway, 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 Darmor, a California Partnership, for the improvements in said sub- division 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 improvements are specifically described and shown on Drawings No. 7001 and 7000, 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 1 , . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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. held on the reoular 5th day 0 f . 19l1l.. by the following vote. Januarv to-wit: AYES: Council Members RAilly Hp.rn~nn~7 M~rk-C! . Ouiel. Frazier S+ri~klAr NAYS: ABSENT: None COllcnil Member F:RrrRnR ~~~~$ / City C 1 e r k The foregoing resolution is hereby approved this 8th 18 day of . 19a:z... Januarv 19 20 21 22 23 24 25 26 27 28 Approved as to form: ~~ v Cl ty Attorney /.;lj,:d/j'(, 2 '. . . 27 28 . /'7-13, 1 ~!!.E.II!H.!!1 (subdivision improvements) 2 3 4 S AGREEMENT is made and entered into this 02&e.L- day of , 19~, by and between the CITY OF SAN BERNARDINO rporation, hereinafter referred to as "City", and , hereinafter referred to as 5 6 7 8 "Subdivider". 9 E.lf.!TAhi: 10 Subdivider has presented to City for approval a final sub- tlivision map (hereinafter called "map") entitled" TR. 13039 11 12 13 " 14 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 facil~ties 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. 15 16 17 18 19 20 21 22 23 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. 24 25 26 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. " 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 This agreement is executed pursuant to the provisions of the Sub- division Map Act of the State of California and Title 18 San Bernardino 3 4 Municipal Code. 5 NOW, THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications or some thereof, thereift offered, and in order to insure satisfactory perfonmance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said 6 7 8 9 Ordinance, the parties agree as follows: 1. Performance of Work Subdivider will do and perfonm, or cause to be done and perfonmed, at Subdi vi der' 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 as hereinbefore specified, or with any changes required or ordered by said -.1,\ Engineer, which in his opinion are necessary or required ';i,"; 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 J 'j; 7 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 COllll1encement and Performance City hereby fixes the time for the completion of said -2- ~' , , . I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 work to be wi thin 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 City En~ineer ma~ extend the time for com~letion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's suretv, and extensions so granted shall not relieve the suretv's liabilitv on the bond to secure the faithful oerformance of t~is agreement. The City Engineer shall be t~e sole and final judge as to w~ether 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 reDair, 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- Dl;)':e cr "avE' renlaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such Droperty be owned bv the United States or any 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 anv person whomsoever, or hv any combina- tion of such owners. Anv such re~air or reDlacement shall be to the satisfaction, and suhject to the approval, of the City Engineer. 6. IJtfl ity DeDosits - Statement Subdivider shall file with the City Clerk, prior to the commencement - 3 - I 2 :l 4 5 of any work to be performed within the area delineated on the man, a written .statement signed by Subdivider, and each public utility corpor~ti(~ involved, to the effect that Subdivider has made all deposits legally reQuired by such public utility corporation for the connection of anv and all public utilities to be supplied by such publ ic util itV corlJoraticn within the Subdivision. "7. Permits: Compliance '~ith Law Subdivider shall, at Subdivider's expense, obtain all necessarv permits and licenses for the construction of such improvements, give all necessarv notices and pav all fees and taxes re~uired bv law. Subdivider shall comply with all provisions of the Subdivi- sion Map Act and Title 11\ San Uernardino Municipal Code. 8. Suoerintendence bv Subdivider Subdivider shall give personal superintendence to the work on said improvement, or have a competent foreman or Superintendent, satisfactorv to the Citv Engineer on the work at all times during progress, with authoritv to act for Subdi vi der. 9. Inspection bV 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 shoos wherein the work is in preparation. 10. Contract Security Concurrentl v with the execution hereof, Subdivi der st.al1 furn i sh to Citv improvement securitv 8S follows: (1) i\n amount E"ual tr. at least one hundred percent of the total estimated cost of the imorovement and acts to be performed as sec~ritv for. the faithful performance of this agreement; Ii 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 4 - 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 (2) An amount equal to at least fiftv percent of t~e total estimated cost of the improvements and acts to be performed 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 3 est~mated cost of the improvements and acts to be performed es security for the guarantee and warrantv of the work for a period of one (1) year following the completion and accentance thereof against any defective work or lahor 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 Bernardino ~unicinal Code; and the type shall be at the option of and SUbject to the apnroval 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, ~arwless from any liability for damage or clai::lS for' damaCle for personal injury, including death, as ",ell as from claims for proucrh damage which may 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 - 5 - apDointive boards, commissions, officers, agents and emo1oyees from any suits or actions at law or in eQuitv for damages caused, or alleged to have beer caused, by reason of anv of the aforesaid operatir:ns, provided as follows: a. That Citv does not, and shall not,. ~/aive anv rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance bv City, or the depos it wi th Cft.v by Subdivider, or ~nv cf the insurance pol i cie 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 anv of the aforesaid operations referred to in this paragraDh, regardless of ~ether cr. flot Citv has Drenared, supnlied or approved of, nlans and/or specifications for the subdivision, or regardless of whether or not such insuran\:e pol icie~ shall have been determined to be applicable to anv of such damage~ or claims for damages. 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall hav,,- obtained all insurance reauired under this Daragranh and such insurance shall have been approved bv Citv Attornev as to form, amount and carrier, nor shall ~ubdivider allow any contractor or Sub- 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 reouire~nts herein provided shall appear either in the body of the insurance policies or as endor~e- ments and shall specifica11v bind the insurance carrier. - {; - 2 3 4 5 6 1 8 9 10 II 12 13 14 15 16 11 18 19 20 21 22 23 24 25 26 j, " " 21 il II II 28 :1 , a. Compensation Insurance Subdivider shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all Subdivi~er's emo1ovees employed at the site of imorovement, and in case any wor~ is sublet, Subdivider shall require anv contractor or subcontractor simi1arlv to provide Workmen's Comoensation Insurance for all contractor's or subcontractor's emnlovees, 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 C0mpr:ns~tion Law, Subdivider shall ~rcvide and shall cause each contractor and subcontractor to provide, adequate insurance for the orotection of employees not otherwise nrotected. Subdivider shall indemnify Citv for anv damage resulting to it from failure of either Subdivider or anv cOntractor or subcontractor to take out or maintain such insurance. b. Public Liablitv and Property Damage Insurance Subdivider shall take out and maintain during the life of this agreement such oublic liability and nropertv damage insurance as shall insure City, its elective and annointive boards, commis- sions, officers, agents and employees, Subdivider arod anv contral tor or subcontractor performing work covered by this agreement from claims for damages for personal iniurv, including rieat~, as well as from claims for nropertv dama'le which may arise from Subl'ivider'!, 01' any contractor's or sabcontractor's operations hereunder, whether such operatiors be by Subdivider or any contractor or subcontractor, or bv anvone directly or indirect1v emp10ved bv either Subdivi der or any contractor os subcontractor. and the amounts of such insurance shall be as follows: - 7 - 2 .1 4 5 6 7 8 9 10 II 12 13 14 15 \6 17 18 ]9 20 21 22 23 24 25 26 27 28 (1) Public Liahil itv Insurantp. In an amount not ~€ss than $ 100,000.00 for injuries, including, but not limited to, dp.ath, to anv one oerson and, subjp.ct to the san~ limit for each person, in an amount not less than $ 300,000.00 on account of anv one occurrence; (2) Property Damage Insurance I n an amount not 1 ess than $ 50,000.00 for damage to the property of each person on account of anv one occurrence. Ir. the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures anv entitv, oerson, board or commission other than those mentioned in this oara- graph, such po1icv shall contain a standard form of cr~ss- 1 iabil ity endorsement, insuring on such policy Citv, its elective and aopointive boards, commissions, officers, agents and employees, Subdivider and any contractor 0r subcor,tractor performing work covered bv this a9reement. 13. Evidence of Insurance Subdivider shall furnish City concurrentlv with the execution hereof, with satisfactory evidence of the insurance reouired, 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 ryeriod of this agreement. 14. Title to Improvements Title to, and ownership of, all improvements constructed hereunder bv Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. - 13 - '.~ I 15. Repair or Reconstruction of Oefective Wor~ If. within a period of one vear after final acceptance of the 2 1 work oerformed un~er this agreement. anv structure or nart of ~nv 4 struct'lre fllrni~hec e.nd/or insta1~ed or constructed. or c~u~ed 5 to be installed or constructed bv Subdivider. or anv of the work 6 7 done under this agreement. fails to fulfill any of the requirements 8 of this agreement or the specifications referred to herein. Sub- divider shall without delay and without any cost to City. renair 9 or replace or reconstruct anv defective or otherwise unsntcsfact- 10 19 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 Subdivido::r car. ~.e rcotified. Citv may a its cption. make the necessarv 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 any of Subdivider's agents or contractors are or shall be considered to be l'(]l'llts of Citv 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 rieering inspections and other serv1 ce~ connected with the Ci tv II 12 13 14 15 16 17 18 20 21 22 23 in regard to the subdivision. Said fees shall be paid prior to 24 commencing any construction. 25 18. Notice of Breach and Default 26 If Subdivider refuses or fails to obtain prosecution of the work. 27 or any severable part thereof. with such diligence as will insure 28 its completion within the time specified. or anv extensions th~rof or fails to obtain completion of said work within such time. or if - 9 - - 2 3 4 5 6 7 8 9 10 11 12 19 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20. the Subdivider should be adjud!]ed a bankrullt. or Subdivider should make a general assi"n l1ent for the benefi t of Subdivider's creditors. or if a receiver slmuld be appointed in the event of Subdi\'iC:er's insolvency, or if S\lbc~i\'ic!er, or any of Subdivider's contractors, subcontractors, agents or emplovees, should violate any of the provisions of this agreement, City Engineer or Citv Council may serve written notice upon Subdivider and Subdivider's surety of bl~ach of this agreement, or of any pcrtion thereof, and default of Subdivider. Breach of Agreement; Perfonnance I", Suretv or C i tv In the event of any such notice, Subdivider's suretv shall have the duty to take ov.:r anc cOl!'nlete the \'101'1:. and the improver.1ent 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 performance of the contract, and does not commence perform~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 daw~ges 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. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - . 2 Notices required to be 9iven to Citv shall be addressed as follows: City A~inistrator, City Hall, 300 North "0" Street. San Bernardino, 1 California 92418. 4 Notices reouired to be given to Subdivider shall be addressed as foll~~s: 5 6 DARMOR (a California Partnership), 7777 Alvarado Road, Suite 621 7 La Mesa, CA 92041 8 Notices required to be given surety of Subdivider shall be addressed as follows: 9 10 11 Provided that any party or the surety may change such address bv notice in writing to the other partv and thereafter notices shall be addressed and transmitted to the new address. 12 13 14 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. ]5 ....~~,.."r_ CI~F S~ BERNAR~ /J ]6 I CAT. NO. NN00630 TO 1906 CA (9-84) (PartnershIp) STATE OF CALIFORNIA COUNTY OF San DieJ':o . TICOR TITLE INSURANCe } ss. t On RpTIT.pmnpr A 10Ah said State, personally appeared Douglas K. BrundaJ':e . personally known to me or proved to me on the basis of satisfactory evidence to be the person ~ who executed the within instrument as two of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. WITNESS my hand and official seal. before me, the undersigned, a Notary Public in and for Rnnpr+ 0. Rp~iggQ .. II .. :I: t ~ ~ OFFICIAL SEAL THELMA C FORD NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY My comm. expires AUG 4, 1989 . -:;- . - .,..-~ ) I '""."~t....) ~~ ."; " ~ ' (This arca for official notarial seal) 27 'I I I INSTRIICT II)NS 28 If the Subdivider is a corporation, the agreement must be executed in he corporate name and signed by the President or a Vice-President a~d the - 11 - ' ?'-- . . . . . 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 persons 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. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 12 -