HomeMy WebLinkAbout1989-004
"
'"
. ,. .
I
RESOLUTION NO. 89-4
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13470, LOCATED APPROXIMATELY
3 270 FEET EAST OF THE CENTERLINE OF CACTUS CIRCLE, AND NORTH SIDE
OF PIEDMONT DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH
4 ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
5 PERFORMANCE SPECIFIED.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
SECTION 1: The Mayor and Common Council find that
9 proposed Subdivision Tract No. 13470, located approximately 270
10 feet east of the centerline of Cactus Circle, and north side of
11 Piedmont Drive, together with the provisions for its design and
12 improvements is consistent with the General Plan of the City of
13 San Bernardino.
14
SECTION 2.
The Mayor of the Ci ty of San Bernardino is
15 authorized on behalf of said City to execute the standard form of
16 agreement
adopted
by
Resolution
No.
84-8
with
Monnig
17 Development, Inc., for the improvements in said subdivision tract
18 as are required by Title 18 of the San Bernardino Municipal Code
19 and the California Subdivision Map Act. Section 12(b) (1) of said
20 Agreement is hereby amended to require public liability insurance
21 in an amount of not less than $250,000 per person and $500,000
22 per occurrence.
The time for performance is specified at 24
23 months.
Said improvements are specifically described and shown
24 on Drawings approved and on file in the Office of the Ci ty
25 Engineer of the City of San Bernardino.
26
SECTION 3:
The Final Map of said subdivision tract is
27 hereby approved and the City of San Bernardino hereby accepts as
28 public property all dedications within the subdivision as shown
12/14/88
"",..-,.
, ,. .
RES:
t' "
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13470
1 on said Final Map for streets, alleys: (including access rights),
2 drainage and other public easements. As a condition precedent to
3 approval of the Final Map, the Subdivider shall first execute the
4 agreement referenced in Section 2 hereof for the improvements
5
within said subdivision.
The City Clerk shall certify the
6 approval and acceptance of the Mayor and Cornman Council as set
7 forth in this resolution.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and Cornman Council of the City of San
10
11
Bernardino at a
reqular
meeting thereof, held on the
3rd day of
January
, 1989, by the following vote, to-
12 wit:
13
14
15
16
17
18
19
20
21
22
23
AYES:
Council Members
Estrada, Reilly, Flores,
Maudslev, Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
None
, ,/'J,
.-' ff~,;/ /f:Z,t, ;;Y? 0,.
City Clerk
The foregoing resolution is hereby approved this ~~~
day of
Januarv
, 1989.
25
26
27
28
12/14/88
24 Approved as to form
and legal content:
- 2 -
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(r;y -1
1
A G R E E MEN T
2
(subdivision improvements)
3
4
THIS, AGREEMENT is made and entered into this /~tLday of
'" 1'/ 1ULI; , 19ff1, by and between the CI TV OF SAN BERNARDI NO
a m~niCliPa'i c rporation, hereinafter referred to as "Cityll, and
L/'
Monni9 Development Inc. , hereinafter referred to as
5
6
7
8
"Subdividerll.
9
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called IImapll) entitled II TR 13470
II
The map has been filed with the City for presentation to the City
Council (hereinafter called IICouncilll) 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 facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called IIsubd;visionll)
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.
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.
1
2
3
4
5
6
7
8
9
10
] 1
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 perfonnance 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 I} 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
Engineer, which in his opinion are necessa~1 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
-2-
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
II
work to be within 24 Months
from the date herp.of.
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 Enqineer ma." extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liability
on the 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 rerlaced, or renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroyed or dama~ed, and Subdivider shall re-
nla~e cr baye 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 bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or any a~encv or
political subdivision thereof, or by the City or by an\' ~ublic or
private corporation, or bV any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or renlacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
6. Util ity Denosits - Statement
Subdivider shall file with the City Clerk, prior to the cOlTlllencement
- 3 -
1
2
J
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
of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
corpor~ti0n involved, to the effect that Suhdivider has made all
deoosits legally required by such public utility cornorat;on for
the connection of any and all public utilities to be supplied bv
such public utility cornoraticn within the Subdivision.
"7
. .
Permits:
Comp 1 i ance 'oJi th 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 recuired bv
law. Subdivider shall comolv with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;oal Code.
8. Suoerintendence 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 bv City, to all Darts r.f the
work, and to the shons wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider sba11 furnish
to City imnrovement security as follows:
(1) An amount ~~ual to at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be performed as
sec~rity for the faithful performance of this agreement;
- 4 -
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
(2) An amount equal to at lea5t fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as security for
,
!
I
I
I
II
I
,
I
the payment of all persons oerforminq labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est.!mated cost of the improvements and acts to be nerfCirrned es
security for the guarantee and warranty of the work for a oeriod of
II
II
II
II
I
one (1) year followinq the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred bv City in successfully enforcing the
II
II
Ii
I
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 he at the option of and subject to the arnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apoointive boards, commissions, officers, agents and employees, I-anrless
from any liability for damage or clair:lS faY' damage for personal injury,
includinq death, as '-/ell as from claims for prouertv damage which Olav arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' onerations 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 ar.ree~ to, and shall, defend City, and its
- 5 -
2
')
4
5
6
7
8
')
10
II
12
13
14
15
16
17
18
I
19 I
I 12.
20 II
21 I
22 I
I
23 Ii
II
Ii
Ii
24 I,
ii
ii
'I
25 'I
Ii
20 II
Ii
27 Ii
Ii
28 Ii
Ii
II
Ii
,I
apnointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer 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 the acceptance by City, or the
deposit with City by Subdivider, or cn~' 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 sufferect, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether cr not City has I')renared, supnlied 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 any of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall have obtained all insurance required under this oaragranh and
such insurance shall have been aporoved by City Attorney as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to corrmence \':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 appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
- 6 -
2
a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
3
Workmen's Compensation Insurance for all Subdivic'er's emolovees
4
employed at the site of imorovement, and in case any work ;s
5
sublet, Subdivider shall require any contractor or subcontractor
6
similarlv to provide Workmen's Comoensation Insurance for all
7
contractor's or subcontractor's emnloyeps, unless such emolovees
8
are covered by the protection afforded bv Subdivider. In case
9
any class of employees engaged in work under this agreement at
10
the site of the project is not protected under anv Workmen's
II
C0mpr:ns~tion Law, Subdivider shall provide and shall cause each
12
contractor and subcontractor to provide, adequate insurance for
13
the protection of employees not otherwise nrotected. Subdivider
14
shall indemnify City for any damage resulting to it from failure
15
of either Subdivider or any COntractor or subcontractor to take
16
out or maintain such insurance.
17
18
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
19
agreement such ~ublic liability and oroperty damage insurance
20
as shall insure City, its elective and anno;ntive boards, comm;s-
21
sions, officers, agents and employees, Subdivider a~d any contra(
22
tor or subcontractor performing work covered by this aqre~ment
23
from claims for damaqes for personal iniurv, including rleat~,
24
as INell as from claims for nronerty dama~e which mav arise frorq
25
SUb<.li\,'ider'~. Ol' any contractor's or subcontractor's operations
26
hereunder, whether such operatiors be by Subdivider or any
27
contractor or subcontractor, or by anyone directly or indirectlv
28
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as folloNs:
- 7 -
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19 i
I
20 I
I
21 I
i
22 I
!
il
23 II
il
24
Ii
25
Ii
26 II
II
Ii
ii
27 II
!I
I,
II
28 II
II
II
II
I
!
(1) Public Liahi]itY-J~surancp.
In an amount not ~€ss than $
250,000
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than S 500,000
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000
for
damage to the pronerty cf each person on account of any
one occurren c.e.
Ira the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entitv, oerson,
board or commission other than those mentioned in this oara-
graph, such policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor [.r sutcortractor
performing work covered bv this a9reement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance reauired, and
evidence that each carrier is required to give City at least ten
days orior notice of the cancellation or reduction in coverage of
any policy during the effective Deriod 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 Citv.
- 8 -
2
'~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 I
I
'I
d
23 !I
24 II
j'
25 II
II
26 II
;1
27 I!
II
28 II
15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final accertance of the
work oerformed under thi 5 agreeMent, any structure or t"art of ~nv
strllct\lre fllrni~hec 2~nd/or instal~ed or constructed, or cCiused
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill anv of the reauirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without anv cost to Citv, renair
or replace or reconstruct anv defective or otherwise unsat~$fact-
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 Subdivid(:r car. '-e ratified, Citv may a
its cpticn, make the necessary renairs or replacements or perform
the necessary work and Subdivider shall oay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Ci1Y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be i;0pnts cf Citv in connection ",lith
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
eng; neer;ng ;nsnections and otl~f.:'r servi ce~ r.cnnected wi th the C; ty
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and De7au1t
If Subdivider refuses or fails to obtain orosecution of the work,
or any severable part thereof, with such dilioence as will insure
its completion within the time specified, or any extensions th~ro-F
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
13
14
15
16
17
18
19
20
21
22
23
24
25
26
19
27
20.
28
- 10 -
~...,
, .
.
.
Notices required to he given to City shall be addressed as follows:
2
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
'3
California 92418.
4
Notices reouired to be given to Subdivider shall be addressed as follows:
5
6
Monnig npvplnrmpnt Ire. 501 N Plac~ntia Aven~c Fullerton, CA 92631
7
Notices required to be given surety of Subdivider shall be addressed as
8
follows:
9
10
Provided t~at any party or the surety may change such address bv notice in
11
12
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
13
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14
the day and year first above written.
15
17
By:
16
ATTEST:
18
19
~Z2'~/.7.a~;?f/U!>
City Clerk
f
SlJBOIVlnER
srArE OF
CALIFO
COUrvr Arv/4
'y OF 0
On th. 1:'al1 e
IS 22
a rvotary~ -
, I-'UbliC in :------
C In and t. day of lV,'-
persOnal I Or Said Co o 17e!llb
P" Y kn UntYa e 1:
eSident OWn to me ncJ State
perSOnally' and Ca1: 1 (Or ProverJ 11 ' persOnally
Secreta knOWn to H. l' 0 me On Ih appearerJ M. ' 1988
and k rYOftheeo f1'Je(orpro\/' e e baSis Of al11:i;;;-' before
, nOWn t 'Paratl erJ to m Satlsfa J ~ me th
::~IJ"'enl o~ :; 10 be 1::1 eJc&cut;: Ihe baSis 0/ . Clary e.idencej 10 b · onni e IJfIoerSignea,
"lJ WlerJg~ * alt Of th rSOns ~h e Within " SatlStacto e the
1J rSlJ -V 10m ec oe nstr. rYe' ~
Wrrrv;nt to its by la e that SUCh :rpOration th 'Xe~UterJ the U~ent, Vidence) to be
Ss my h ws, Or a orParati erem n WIthin the
f1ncJ reSol' On e~ amed ~
'\ ancJ offiCial Ut'on of its 0_ eCUterJ th ' and
J seal. uoard Of D' e same
~''L /~. /'\ 1reC/ors. '
I1d1:a C ~ -- ',- '-..
01:d A, -p~. D
017a'vOla,,~, "j\ .'
or SIne '
~natlJ '~.....-:
fe ~ '-' I~
}Ss.
BY:47;;;?~
oe executed in
s; dent arid the
. .
. t
1 Secretary or ~ssistant Secretary, 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 Subdivider.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 12 -