HomeMy WebLinkAbout1989-069
..
4' I
2/21/89
f""
1
2
3
4
5
6
RESOLUTION NO.
89-69
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FIN1\L MAP FOR SUBDIVISION TRACT NO. 13457, LOCATED ON THE SOUTH
SIDE OF MILL STREET, EAST OF fViACY STREET AND IMHEDIATELY EAST OF
THE SOUTHERN PACIFIC RAILROAD RIGHT~'OF-'vJl\Y, ACCEPTING THE PUB:JIC
DEDICATIONS AS SET FORTH ON SAID .fvlAP r l\ND AUTHORIZING EXECUTION
OF THE STANDARD FOro1 OF l\GREEMENT FOR THE IMPROVEf\~ENTS IN S.A.ID
SUBDIVISION, WITH TIME FOR PERFOIDifillNCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR l\ND COMMON COUNCIL OF TIlE
7 CITY OF SAN BERN.AHDINO AS FOLLOWS ~
8
SECTION 1: The Mayor and Common Council find that
9 proposed Subdivision Tract No. 13457 r located on the south 3idf~
10 of Mill Streetr East of Macy Street and iIT~ediately East of the
11 Southern Pacific Railroad right-of-v!ay l'
together \^li th the
12 provisions for its design and improvements is consistent with the
13 General Plan of the City of San Bernardino.
14
SECTION 2.
The Mayor of the City of San Bernardino i~
15 authorized on behalf of said City to execute the standard form of
16 agreement adopted by Resolution No. 84-8 with Forecast Mortg&ge
17 Corpora.tion, for the improvements in said subdivision tract: as
18 are required by Title 18 of the San Bernardino Municipal Code and
19 the California Subdivision Map Act.
Section 12 (b) (1) of s2id
20 Agreement is hereby amended to require public liability insurance
21 in am amount of not less than $250 l' 000 per person and $500 f 000
22 per occurrence.
The time for performance is specified at 24
23 months.
Said improvements are specifically described and shown
24 on Dra.wings approved a.nd on file in the Offi.ce of the Ci t:.y
25 Engineer of the City of San Bernardino.
26
SECTION 3 =
The Final J'1ap of said subdivision tract. ::LS
27 hereby approved and the
City of San Bernardino hereby accents 2S
. ~
28 public property all dedications within the subdivision as shown
.. ~
/
19
20
21
22
23
24
25
26
27
2 / 21 / 89 28
.-
. ~
RES;
APPROVING 'rEE FINAL MAP FOR SUBDIVISION TRACT NO. 13457
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 ir.1.provernent.s
5 within said subdivision.
The City Clerk shall certify the
6 approval a.nd acceptance of the M.ayer and Common Council as set
7 forth in this resolution.
8
I HEREBY CERTIFY that the foregoing resolution was dl'l.ly
9 adopted by the Mayor and Common Council of the City of San
regular
10 Bernardino at en adjourned/ meetin.g thereof, held on thp.
11 13th
day of
March
, 1988r by the following voter to-
12 wit~
13
14
15
16
17
18
AYES~
Council Members
Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
NAYS:
None
ABSENT:
Council Member Estrada
~ ~.
I f/"} / ~
~',:; '/tu~K.J j hL(l ~/ ~_
/'/ fii tYJll.Cl.E~)tk /7 ~
'-~/dw~ fJ&;~!t~" 'Y/"'7
is hereby a1>pro'xed thls &J-,L~
The foregoing resolution
day of
March
, 1988.
Approved as to form
and legal content~
ci1/~~
- 2 -
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
r---o
(\;" 7 - h(
1
A G R E E MEN T
2
(subdivision improvements)
3
4
THIS AGREEMENT is made and entered into this p?q~~ay of
~~ . 198;. by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "Cityll, and
5
6
7
I brecast Mortgage Corporation ,herei nafter referred to as
IISubdividerll.
8
9
R Eel TAL S :
--------
Subdivider has presented to City for approval a final sub-
rlivision map (hereinafter called "mapll) entitled II Tract 13457-1
II
The map has been filed with the City for presentation to the City
Council (hereinafter called IICouncilll) of the City for its approval t
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 "subdivisionll)
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.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
3
4
5
6
7
8
9
This agreen~nt 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 perfonllance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
I Ordinance, the parties agree as follows:
I
I
I
1 .
Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' s own expense, in.} good and
workman 1 i ke manner, and furni sh all requi red ma teri a 1 s ,
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
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 En0ineer 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 damaged, and Suhdivider shall re-
nla(e cr bave 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 destroved 0\1 reason of any work done
hereunder, whether such oropertv be owned bv the United States or
any agency thereof, or the State of California, or any agencv or
political subdivision thereof, or by the City or by any public or
private corporation, or bV any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
6. Utility Denosits - Statement
Subdivider shall file with the City Clerk, prior to the conmencement
- 3 -
1
2
of any work to be performed within the area delineated on the man,
J
a written statement siqned bv Subdivider, and each public utilitv
4
corpor~ti0n involved, to the effect that Suhctivider has made all
5
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied by
6
7
such public utility cornoruticn within the Subdivision.
..,
. .
8
Permits:
Compl iance 'oJith Law
9
Subdivider shall, at Subdivider's expense, obtain all necessary
10
permits and licenses for the construction of such improvements,
11
qive all necessarv notices and pav all fees and taxes reQuired bv
12
law. Subdivider shall como1v with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~un;cipal Code.
8. SUDerintendence hy Subdivider
13
14
Subdivider shall give personal superintendence to the work on
15
16
said improvement, or have a competent foreman or Superintendent,
17
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
18
19
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
20
provide safe access for inspection bv City, to all Darts r.f the
21
22
work, and to the shons wherein the work is in preoaration.
23
10. Contract Security
Concurrently with the execution hereof, Subdivider s~all furnish
24
25
to City imnrovement security as follows:
(1) An amount E0ual to at least one hundred oercent of the total
26
27
estimated cost of the imnrovement and acts to be performed as
28
sec~r;ty for'the faithful performance of this agreement;
- 4 -
1
2
3 II
\
4 I
5 I
\
6 I
I
7 I
8
9
10
11
12
13
14
15
16
17
18
19
20
2]
22
23
24
25
26
27
28
(2) An amount equal to at lea5t fifty percent of t~e total estimated
cost of the imnrovements and acts to be nerformed as security for
the pa~nent of all persons performing 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~mat.ed cost of the improvements and acts to be nerf(.rmed es
security for the guarantee and warranty of the work for a np.riod of
one (1) year following 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
obligation secured. The type of security furnished shall be in the
fonn of bonds, deoosi ts or 1 etters of credi t as provi ded in Ti tle
18 San Bernardino ~unici~al Code; and
the type shall he at the option of and suh;p.ct to the aporoval of
the City En~ineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and emplovees, \'clfrrless
from any liability for damage or claius faY' damaqe for personal injury,
includinq death, as "/ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aGents'
or employees' ooerations 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 af.ree~ to, and shall, defend City, and its
- 5 -
. I
I
2
"
4
5
6
7
8
')
10
1 1
\2
13
14
15
16
17
18
19
20
21
22
23
24
25
2() 1\
27 I
I
I
28
apnointive 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, b.Y reason of any of t.he aforesaid
operations, provided as follows:
a. That City does not, and shall not, v/aive 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.v 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 claims for damages of every kind
suffered, or alleged to have been suffereo, by reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether or not City has I')renared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or r-egardless of whether or n0t such insuran~e po11ci€s 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 aqreement until Subdivider
shall hav(: obtained all insurance reCluired under this oaragranh and
such insurance shall have been approved by City Attorney as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sun-
contractor to corrmence wcrk cn his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reQuirements herein provideo
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
II
- 6 -
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 I!
:1
II
27 il
II
:I
:
28
a. Compensation Insurance
Subdivider shall maintain) durinq the life of this agreement)
Workmen's Compensation Insurance for all Subdivic'er1s emnlovees
employed at the site of imDrovement, and in case any work ;s
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees enqaged in work under this agreement at
the site of the project is not protected under anv Workmen's
C0mpr:ns~tion 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 any 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 oroperty damaqe insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider and any contra(
tor or subcontractor performing work covered by this aqre~ment
from claims for damages for personal iniurv, including rleat~,
as well as from claims for nronerty damal1e which may arise frOlll
SUblli\,'ider'~, OY' any contractor's or si.Jbcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directlv or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follads:
- 7 -
2
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19 i
!
20 I
21 I
i
22 \1
23
I
24 I
25
26 II
27 I,
28 II
I
I
I
i
I
(1) Public Liahility Insurance
In an amount not ~€$S than $ 250,000.00
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 500,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000.00
for
damage to the property cf each person on account of any
one occurrence.
I~ 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 oara-
graph, such policy shall contain a standard form of crrJSS-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor (.r SL!tcor.tractor
performing work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furni sh Ci ty concurrently \vi th the executi on
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 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 C1tv.
- 8 -
2
.~
4
5
6
7
8
9
10
11
l2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
I
15.
Repair or Reconstruction of Oefective Work
If, within a period of one year after final accertance of the
work oerformed under thi s aqreer.1ent, anv structure or part of ~nv
structllre fltrni~hec ~Ind/or instal~0d or constructed, or cnust.:ld
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the requirements
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~sfact-
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 Subdividi:r car. "e rctified, Citv may a
its cpticn, make the necessary renairs 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 Ci!Y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be i;0pnt.s 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
engineering inspections and otl~er s€rvice~ rcnnected with the City
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 orosecution of the work~
or any severable part thereof, with such diliqence as will insure
its completion within the time specified, or any extensions th~ro~
or fails to obtain completion of said work within such time, or if
- 9 -
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 I
I
I
27 I
II
II
I
28 !
the Subdivider shoul11 IJ{~ adjud~Jed d bankrullt, or Subdivider
should nldke a general ossion'llcnt for the Genefit of Subdivider's
creditors, or if a receiver slwuld be appointed in the event of
Subd~\'i(:(r's insolvency, or if Sllh<~i\'icc-r, or any of Subdivider's
con tractors, subcontractors, a gen t s or er;\p 1 ovees, s hou 1 d v; 01 a t.e
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of Dreach of this agreement, or of any pr.rtic.n thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnonce tJ\I Surety or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVl;r anc cC:rT:nlete i:he \oJork and the improvcr.1ent
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 performance of the contract, and does not commence perforni;;nc(
t~ereof 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 c.t the expense of Sl.lbdi\'idErt and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, ;n such event, City, without liabi-
lity for so doing, may take possession of. and utilize in co~-
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.
- 10 -
c
o
~
o
a.
o
o
c
Q)
E
OJ
~
~
c
~
Ji.
A
Notices required to be given to City shall be addressed as follows:
2
City Administrator, City Hall, 300 North liD" Street, San Bernardino,
1
California 92418.
4
Notices reouired to be given to Subdivider shall be addressed as follows:
5
Forecast Mortgage Corporation, 10670 Civic Center Drive,
6
Rancho Cucamonga, California 91730
7
Notices required to be given surety of Subdivider shall be addressed as
8
follows:
9
10
11
Provided t~at any party or the surety may change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
12
transmitted to the new address.
13
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14
the day and vear first above written.
15
16
ATTEST:
17 I
18 I
19 I
I
20 II
10F SI\N BERNI\Rf)~NO,
By: , dr.J1J~7
SUBDIVlflER
A ()
IJJJ~
STATE OF CALIFORNIA
COUNTY OF San Bernardino
}SS.
On this 13th day of January
a Notary Public in and for said County and State, personally appeared
Joe Carman
pers~nally known to me (or proved to me on the basjs of satisfactory evidence) to be the
President, and James Rankln
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument
and known to me to be the persons who executed the Withi~
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same
pursuant to its by laws, or a resolution of its Board of Directors. '
WITNESS my hand and official seal.
, 19J1L, before me, the undersigned,
esident
vice
OFFICIAL SEAL
BEVERLY K. CAREY
. NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. EJl:pires Avg 24, 1990
executed in
4w~~ ~ 4
' . otary'signature -
nt ar,d the
(This area for official seal)
1 Secretary or l\ssi stant Secretarv, and the corporate seal affi xed. 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 -
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
A G R E E MEN T
---------
2
(subdivision improvements)
3
~REEMENT is made and entered into this ~f~1ay of
~ . 19ar. by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Forecast Mortgage Corporation, herei nafter referred to as
4
5
6
7
8
"Subdividerll.
9
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
Tract 13457-2
rjivision map (hereinafter called IImap") entitled II
II
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 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.
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
] 1
12
13
14
15
16
20
21
22
23
24
25
26
27
28
1
2
This agreement is executed pursuant to the provisions of the Sub-
3
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
4
5
NOW, THEREFORE, for and in consideration of the approval of the
6
map and of the acceptance of the dedications or some thereof, therein
7
offered, and in order to insure satisfactory performance by Subdivider
8
of Subdivider's obligations under said Subdivision Map Act and said
9
Ordinance, the parties agree as follows:
II
I
I
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' 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
17
with the plans and specifications on file as hereinbefore
18
specified, or with any changes required or ordered by said
19
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
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 City En~ineer 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 suretv'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 rer1aced, or reoair, or have
repaired, as the case may be, all nines and monuments shown on the
mar which have been destroyed or damage~, and Subdivider shall re-
ola(e cr bave ren1aced, 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 propertv 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 bv the City or by any public or
private corporation, or bv any person whomsoever, or bv any combina-
tion of such owners. Any such re~air or reo1acement shall be to the
satisfaction, and subject to the al')proval, of the City Engineer.
6. Utilitv Deoosits - Statement
Subdivider shall file with the City Clerk, prior to the conmencement
- 3 -
1
2
of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
1
4
corpor~ti0n involved, to the effect that Suhdivider has made all
5
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
6
7
such public utility cornori.1ticn within the Subdivision.
.,
. .
Permits:
Compl iance '-lith Law
8
9
Subdivider shall, at Subdivider's expense, obtain all necessarv
10
permits and licenses for the construction of such improvements,
11
give all necessarv notices and pav all fees and taxes re0uired bv
13
law. Subdivider shall como1.v with all orovisions of the Subdivi..
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. SUDerintendence by Subdivider
12
14
Subdivider shall give personal superintendence to the work on
15
said improvement, or have a competent foreman or Superintendent,
16
satisfactory to the City Engineer on the work at all times during
17
progress, with authority to act for Subdivider.
18
19
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
20
provide safe access for inspection bv City, to all Darts r.f the
21
work, and to the shoos wherein the work is in preoaration.
22
23
10. Contract Security
Concurrently with the execution hereof, Subdivider st'a11 furnish
24
25
to City imnrovement security as follows:
(1) An amount ~0ual to at least one hundred oercent of the total
26
27
estimated cost of the imorovement and acts to be performed as
sec~ritv for'the faithful performance of this agreement;
28
- 4 -
1
2
3 II
\,
I
I
4 I
5 I
6 I
I
7 I
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 t~e total estimated
cost of the imrrovements and acts to be nerformed as security for
the pa~nent of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twent.Y-five percent of the total
est~mat.ed cost of the imr>rovements and acts to be nerf(.rrned 2$
security for the guarantee and warranty of the work for a neriod of
one (1) year following the completion and accentance thereof against
any defective work or labor donet or defective materials furnished.
As a part of the obligation guaranteed by the security and in add-
ition to the face amount of the securitVt there shall be included
costs and reasonable expenses and feest including reasonable
attorneys' fees incurred by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~unici~al Code; and
the type shall he at the option of and subject to the apnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees tat and shall, hold City, its elective and
appointive boards, commissions, officers, agents and emplo,vees, \'clrrlless
from any liability for damage or clair:ls foY' damaqe for personal injurvt
incltldinq death, as '.Jell as from claims for prouertv 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 ar.ree~ to, and shall, defend City, and its
- 5 -
2
3
4
5
6
7
8
')
10
1 1
12
13
14
15
16
17
18 I
\
19 I
II 12.
20
21 II
22
I
I
23 !
I
I
i
24 I
II
25 'I
2() II
27 II
28 I
I
ap~ointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in equity for damages caused,
or alleged to have beep caused, bv reason of any of the aforesaid
operati0ns, provided as follows:
a. That City does not, and shall not, \'/aive 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 Ci't.v by Subdivider, or (ln~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless aqreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffererl, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether cr- not City has orepared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or regardless of \-Ihether or not such insuran~e pol)cies shall
have been determined to be applicable to any of such damages
or claims for damages.
Subdivider's Insurance
S ubdi vi der shall not commen ce work under th i s agreemen t un t i 1 Subdi vi der
shall havt;: obtained all insurance required under this oaragraoh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to cOlTl1lence \':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 reQuirements 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
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
II
26 I!
II
11
27 II
!I
II
28
a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emnlovees
employed at the site of imorovement, and in case any wor~ ;s
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, 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
C0mpl:ns~ticn 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 City for any damage resulting to it from failure
of either Subdivider or any 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 ~ublic liability and nrooertv damaqe insurance
as shall insure City, its elective and anoointive boards, comm;s-
sions, officers, agents and employees, Subdivider a~d any contra(
tor or subcontractor performing work covered by this aqre~ment
from claims for damages for personal iniurv, including neath,
as well as from claims for nronerty damaCle which may arise frol1\
SUb<.livider'~. or' any contractor's or S:Jhcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectlv
employed bv ei ther Subdivi der- or any contractor os subcontractor.
and the amounts of such insurance shall be as folla~s:
- 7 -
2
4
5
6
7
8
9
10
11
12
l3
14
15
16
17
18
19
20
21
22
23
24
25
I
26 I'
27 II
II
28 II
I
I
(1) Public Liahi]it~Insurancp.
In an amount not ~fSS than $ 250,000.00
for
injuries, including, but not limited to, death, to any
one oerson and, subjp.ct to the same limit for each
person, in an amount not less than S
500.000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the pronerty cf each person on account of any
one occurrence.
I~ 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 oara-
graph, such policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sulco~tractor
performing work covered by this agreement.
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
bV Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
- 8 -
2
'1
4
5
6
7
8
9
10
ii
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15.
Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerformed unCer thi s aqreer.1ent, any structure or rart of any
strllctllre fllrni~hec ('.nd/or instal~ed or constructed, or caused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without any cost to Citv, reoair
or replace or reconstruct anv defective or otherwise unsat~sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promnt1y or in accordance with this requirement, or
should the exigencies of the Subdivi~~r ca~ ~e rotified, City may a
its (ptien, 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 Ci!Y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ~0pnts cf Citv in connection with
the perfonnance 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 neering insrections and ot'!er servi ce~ rcnnected wi th the City
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach anc Default
If Subdivider refuses or fails to obtain orosecution of the work,
or any severable part thereof, with such diliqence as will insure
; ts comp 1 eti on wi th in the time s pe ci fi ed, or a nv ex tens i ons 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
28
20.
the Subdivider should l)f~ adjud~jed a bankrunt, or Subdivider
should make a general nssion'Tlcnt for the uenefi t of Subdi vider' s
creditors, or if a receiver should be appointed in the event of
Sl.lbd~\'i(:(r' s insolvency, or' if Sllb(~i\';cc:r, or' any of Subdivider's
contractors, subcontractors, C\gents or employees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnflnce to", Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take O\'l.:r anc cCIT:l1leV2 the \'Jork and the improvcr.lent
herein specified; provided, however, that if the surety, within
five days after the serving u~on if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the con tract, and does not commence perfornl(';nc(
t~ereof 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 St1bdi\'idE.r, and Subdivider's
surety shall be liable to City 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 co~-
pleting the work, such materials, apoliances, 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 bV registered mail, postage prepaid.
- 10 -
k
co
o
0...
o
()
C
Q>
E
en
-g
~
o
c
~
u
<{
Notices required to he given to City shall be addressed as follows:
2
City Administrator, City Hall, 300 North 110" Street, San Bernardino,
1
California 92418.
4
Notices reauired to be given to Subdivider shall be addressed as follows:
5
Forecast Mortgage Corporation, 10670 Civic Center Drive,
6
Rancho Cucamonga, California 91730
7
8
Notices required to be given surety of Subdivider shall be addressed as
follows:
9
10
Provided t~at any party or the surety mav chan~e such address bv notice in
11
writing to the other party and thereafter notices shall be addressed and
12
transmitted to the new address.
13
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14
the day and vear first above written.
15
16
ATTEST:
17
By:
18
,c/' (;;;/
,/j'YJu .l.:r!t f(t:;Jl;i/
~ity Clerk
19
20
SI!BDIVH)E~
./\ ff)
STATE OF CALIFORNIA
COUNTY OF San Bernardino
}SS.
On this 13th day of January
a Notary Public in and for said County and State, personally appeared
Joe Carman
personally known to me (or proved to me on the basjs of satisfactory evidence) to be the
President, and James Rankln
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and 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 same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
~ar~~~
, 19~, before me, the undersigned,
resident
vice
OFFICIAL SEAI~
BEVERLY K CA;;EY
NOTARY PUBLIC. CAUF;'~,N!/\ ,
SAN BERNARDiNO COUNT>
My Corom hpires Aug 2 A, i 990
~xecuted in
It ar,d the
(This area for official seal)
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 ~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 S ubd i v i de r .
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 12 -
10
11
12
13
14
15
16
20
21
22
23
24
25
26
27
28
f?-b(
1
A G R E E MEN T
2
(subdivision improvements)
3
l{l; S AG~E EMENT i s made a nd en te red into th i s c21t:?day 0 f
r~ . 198;. by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as IICity", and
Forecast Mortgage Corporation ,herei nafter referred to as
4
5
6
7
8
"Subdividerll.
9
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
rtivision map (hereinafter called "map") entitled II
Tract 13457-3
II
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.
17
Subdivider has requested approval of the map prior to the con-
18
struction and completion of improvements, including all streets,
19
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivisionll)
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.
2
3
4
5
6
7
8
9
I
10 II
11 I
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
. I
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. Perfonnance of ~lork
Subdivider will do and perfonn, or cause to be done and
perfonned, at Subdivider's own expense, in .1 good and
workman 1 i ke manner, and furni sh all requi red materi a 1 s ,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wio: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 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
-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
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 ;n the
even t good cause is shown therefor, the City En~; neer 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 liabilitv
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 rer1aced, or renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroved or dama~ed, and Subdivider shall re-
nla(e cr ~lYe renlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of reDlac€ment or repairs, of
any and all property damaged or destroved bv reason of anv work done
hereunder, 'tJhether such oroperty 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 anv public or
private corporation, or by any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and suhject to the aoproval, of the City Engineer.
6. Utility Deoosits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
- 3 -
1
J
of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
2
4
corporitt;c.n involved, to the effect that Suhd;v;d~r has made all
5
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
6
7
such public utility cornoruticn within the Subdivision.
-,
. .
Permits:
Compliance ~ith Law
8
9
Subdivider shall, at Subdivider's expense, obtain all necessarv
10
permits and licenses for the construction of such improvements,
11
give all necessary notices and pay all fees and taxes reQuired bv
law. Subdivider shall comoly with all orovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;oal Code.
12
13
8. Suoerintendence bv Subdivider
14
15
Subdivider shall give personal superintendence to the work on
16
said improvement, or have a competent foreman or Superintendent,
17
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
18
19
20
21
provide safe access for inspection bv City, to all Darts of the
22
work, and to the shons wherein the work ;s in preoaration.
23
10. Contract Security
Concurrently with the execution hereof, Subdivider st1a11 furnish
24
25
to City imnrovement security as follows:
(1) An amount ~~ual to at least one hundred Dercent of the total
26
27
estimated cost of the imnrovement and acts to be performed as
28
sec~rity for'the faithful performance of this agreement;
- 4 -
1
2
3 I!
'I
I
4 I
5 II
6 I
I
7 I
8
9
10
11
I2 I,
13
14
I5
16
17
18
19
20
2]
22
23
24
25
26
27
28
(2) An amount equal to at least fiftv percent of t~e total estimated
cost of the imrrovements and acts to be nerformed as security for
the payment of all persons oerform;nq 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 oerf(.rrned es
security for the guarantee and warranty of the work for a op.riod of
one (1) year following 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
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 ~unici~al 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 emplovees, I-'lfr.-less
from any liability for damage or clair:ls foy' damaqe for personal injury,
includinq death, as 'a,ell as from claims for prouertv damage which mav arise
from Subdivider's or Subdivider's contractors', 5ubcontractors' , aQents'
or emplo.vees' operations under this agreement, whether such onerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directl.v or indirectlv employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arrees to, and shall, defend City, and its
- 5 -
2
'3
4
5
6
7
8
')
10
11
12
13
14
15
16
17
18
19
20
21
22
23
I
II
Ii
24 I
I
I
25 I
I
26 Ii
27 II
28 i
I
apoointive 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 Citv by Subdivider, or C'n~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless aqreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffereo, bv reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether cr not City has orenared, 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.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall ha v<: obta i ned all insurance requi red under th i s oa ragranh and
such insurance shall have been approved ~y City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to corrmence \':crk cn his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All requirements herein providerl
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
II
- 6 -
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 il
:1
II
il
27 II
;1
28 11
I
!
a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivirer's emolovees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, 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 provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City 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 Liablity and Propertv Damage Insurance
Subdivider shall take out and maintain durinq the life of this
agreement such public liability and oropertv damaqe insurance
as shall insure City, its elective and annointive boards, comm;s-
sions, officers, agents and employees, Subdivider ar.d anv contra(
tor or subcontractor performing work covered b,v thi s aqret:ment
from claims for damages for personal iniurv, including neath,
as "~ell as from claims for nronerty damaCJe which Olav arise frOlll
SUblli\'ider'~. 0." any contractor's or subcontractor's operations
hereunder, whether such operatio~s be by Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectlv
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~Ns:
- 7 -
2
(1) Public Liahi]itY-~2-urancp.
I n an amo u n t not ~ f S s t h an $ 2 5 0 , 0 0 0 . 0 0
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
pe r son, i n a n am oun t not 1 e s s th an $ 5 0 0 . 0 0 0 . 0 0
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the pronerty cf each person on account of any
one occurrence.
If& 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 Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor [.r sut.cortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furni sh Ci ty concurrently \vi th the executi on
hereof, with satisfactory evidence of the insurance re~uired, and
evidence that each carrier ;s required to give Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective Qer;od of this agreement.
14. Title to Improvements
Title to, and ownershi~ of, all improvements constructed hereunder
bV Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
- n -
2
'~
4
5
6
7
8
9
10
11
l2
l3
14
15
16
17
18
19
I
20 I
21 I
I
!
22 I
I
I
23 il
!i
24 I
!
25
26
27 II
28
I
I
,I
II
15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerformed under thi s aqreer.lent, anv structure or ['art of ~nv
strllct\lre furni!;hec and/or instal~ed or constructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the reauirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without anv cost to City, renair
or replace or reconstruct any defective or otherwise unsat~$fact-
ory part or parts of the work or structure. Should Suhdivider
fail to act promnt1y or in accordance with this requirement, or
should the exigencies of the Subdivid(:r car. I-e rctified, City may a
its cpticn, make the necessarv renairs or replacements or perform
the necessary work and Subdivider shall nav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Ci!Y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be i;0pnts cf Citv in connection \'tith
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 neering insnections and otllf.lr servi ce~ connected wi th the Citv
in regard to the subdivision.
Said fees shall be paid prior to
commencinq any construction.
18. Notice of Breach and De7ault
If Subdivider refuses or fails to obtain nrosecution of the work,
or any severable part thereof, with such diliqence as will insure
its completion within the time specified, or any 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
13
14
15
16
17
18
19
20
21
22
23
24
25
26
the Subdivider should be odjud~jec1 d bankrullt, or Subdivider
s ho u 1 d m (1 k e a ge n e r (1 1 (\ S s i (J n lle n t for th e IJ en e f; t 0 f Sub d i v i de r I s
creditors, or if a receiver should be appointed in the event of
Subd~\'ic:(r'5 insolvency, or if Sllh~i\';cc:r, or any of Subdivider's
contractors, subcontractors, agents or employees, should violat.e
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtiGn thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance hv Surety or City
In the event of any such notice, Suhdivider's surety shall have
the duty to take OVl..:r anc cOlT:nlete \:he vJOrk and the improvcr:lent
herein specified; provided, however, that if th~ surety, within
five days after the serving u~on 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<1nc(
t~ereof 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 Sl.lbdi\'idfr, and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned C~ty 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, ~lant 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.
- 10 -
27
28
o
.~
o
a.
o
()
I
C
Q)
E
en
-g
~
c
~
~
'1
2
Notices required to be given to City shall be addressed as follows:
1
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
4
Notices reauired to be given to Subdivider shall be addressed as follows:
5
Forecast Mortqaqe Corporation, 10670 Civic ~pnrpr nr;u~
.
6
Rancho Cucamonqa, California 91730
7
8
Notices required to be given surety of Subdivider shall be addressed as
follows:
9
10
Provided t~at any party or the surety may chanqe 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
15
the day and year first above written.
On this 13th day of Januarv
a Notary Public in and for said County and State, personally appeared
Joe Carman
personally known to me (or proved to me on the bas!s of satisfactory evidence) to be the
President, and James Rankln
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and 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 same,
pursuant to its by laws, or a resolution of its Board of Directors.
:?:~aIS~ ~7
otary tl"gnature
1/
16
ATTEST:
17
18
~///;'d/~itL7
"C i ty Cl erk
19
20
STATE OF CALIFORNIA
San Bernardino
}SS.
COUNTY OF
~IT . F SAN BERNARDINO
121
By . ~_/I~~
Mayo /
SI mn nIT nl="R
D
, 19J1L, before me, the undersigned,
~sident
vice
OFFICIAL SEAL
BEVERLY K. CAREY
NOTARY PUBLIC - CALIFORNIA
SAN BERNARDINO COUNTY
My (omm. Expires Aug 24, 1990
xecuted in
(This area for official seal)
t arid the
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 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 Sub d ; v i de r .
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 12 -
.~ >>
10
11
]2
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
G\f~& r
1
A G R E E MEN T
---------
2
(subdivision improvements)
3
4
THIS AGREEMENT is made and entered into this 02;/~~day of
~L . 19ar. by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
5
6
7
Fnrpr't=l ~t- Mortgt=lgp ~or:r;>oration , herei nafter referred to as
"Subdivider".
8
9
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
oivision map (hereinafter called "map") entitled II Tract 13457-4
"
The map has been filed with the City for presentation to the City
Council (here;nafter called "Counc;l") of the City for its approval,
which map ;s 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 "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.
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
11
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 dedi cations or some thereof, there; n
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 Subdi vi der' s own expense tin ,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 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
Citr hereby fixes the time for the completion of said
-2-
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
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 Enflineer 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 suretv's liability
on the bond to secure the faithful oerformance of this agreement.
The City Engineer shall be the sole and final iudge 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 reoair, or have
repaired, as the case may be, all nines and monuments shown on the
mar which have been destroyed or damaged, and Suhdivider shall re-
ola~e cr bave renlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replac€ment 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 any public or
private corporation, or bV any person whomsoever, or hv any combina-
tion of such owners. Any such re~air or reolacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
6. Utility Deoos;ts - Statement
Subdivider shall file with the City Clerk, prior to the corrmencement
- 3 -
1
J
of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
2
4
corpor~ti0n involved, to the effect that Suhdivider has made all
5
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
6
7
such public utility cornorilticn within the Subdivision.
.,
. .
Permits:
Compliance ~ith Law
8
9
Subdivider shall, at Subdivider's expense, obtain all necessary
10
permits and licenses for the construction of such improvements,
11
qive all necessary notices and pay all fees and taxes re0uired bv
12
law. Subdivider shall comnly with all orovisions of the Subdivi.-
sion Map Act and Title 18 San Bernardino ~un;c;pal Code.
8. Suoerintendence bv Subdivider
13
14
15
Subdivider shall give personal superintendence to the work on
16
said improvement, or have a competent foreman or Superintendent,
17
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
18
19
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
20
21
provide safe access for inspection bv City, to all oarts r.f the
22
work, and to the shoos wherein the work is ;n preoaration.
23
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
24
25
to City imnrovement security as follows:
(1) An amount ~0ual to at least one hundred Dercent of the total
26
27
estimated cost of the imnrovement and acts to be performed as
sec~ritv for'the faithful performance of this agreement;
28
- 4 -
1
2
3 I,
I
I
4 I
5 I
I
I
6 i
I
7 I
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 least fifty percent of t~e total estimated
cost of the imnrovements and acts to be nerformed as security for
the papnent 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~mat.ed cost of the imnrovements and acts to be nerf(.rrned es
security for the guarantee and warranty of the work for a n~riod of
one (1) year following the completion and accentance thereof against
any defective work or labor donet or defective materials furnished.
As a part of the obligation guaranteed bv the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, includinq reasonable
attorneys' fees incurred bv City in successfully enforcing the
obligation secured. The type of security furnished shall be ;n the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~unici~al Code; and
the type shall he at the option of and suhi~ct to the arnroval of
the City En~ineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apoointive boards, commissions, officers, agents and emplovees, I'clnrless
from any liability for damage or claii':ls foY' damaqe for personal injury,
inclndinq death, as '.,ell as from claims for prolJertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors't aQents'
or employees' onerations under this agreement, whether such ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractorst
or by and one or more persons directly or indirectly employed by, or
acting as agent fort Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider ar.ree~ to, and shallt defend City, and its
- 5 -
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
'3
4
5
6
7
8
apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in equitv 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, \'/aive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with Ci't,Y by Subdivider, or ?n~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless aqreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffereo, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether r.r not City has orenared, supnlied or
approved of, olans 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.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall have obta i ned a 11 insurance renui red under th i s oa ragranh and
such insurance shall have been approved ~y City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to comnence \'Icrk 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 provideo
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifica1lv bind the insurance carrier.
')
- 6 -
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 i!
II
II
:1
27 I,
II
:1
28 :1
I
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 imDrovement, and in case anv work ;s
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emoloyeps, 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 anv Workmen's
C0mp~ns~ticn 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 City for any damage resulting to it from failure
of either Subdivider or any 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 ~ublic liability and nroperty damage insurance
as shall insure City, its elective and aooointive hoards, commis-
sions, officers, agents and employees, Subdivider a~d any contra(
tor or subcontractor perform; ng work covered by thi s aqrei?ment
from claims for damages for personal iniurv, including neath,
as well as from claims for nroperty damaC}e which may arise frOll1
SUblli\,'ider'~. Ol' any contractor's or subcontractor's operations
hereunder, whether such operatio~s be by Subdivider or anv
contractor or subcontractor, or bv anvone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as fol1~ds:
- 7 -
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
) 8
19 I
20 I
21 I
i
22 'I
23 :1
j'
I
24 I
25
26
27
28
(1) Public LiahiJitY-lnsurancp.
I n an amo u n t not ~ f S s t h an $ 2 5 0 , 0 0 0 . 0 0
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 $ 500,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the property cf each person on account of any
one occurrence.
I~ 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 policy shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sulco~tractor
performing work coyered bv this agreement.
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 Drior 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 C;tv.
- 8 -
2
'~
4
5
6
7
8
9
10
11
l2
l3
14
15
16
17
18
19
20
21
I
22 i
I
:1
23 II
iI
24 I
I
25
26 II
27 I!
28 II
15. Repair or Reconstruction of Oefectiv~ vJor~
If, within a period of one year after final acceptance of the
work oerformed uncer thi s aqreer.1ent, anv structure or Dart of (\nv
strllctllre fllrni~hec ('.nd/or insta1:ed or constructed, or caused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill anv of the re~uirements
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 any 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 ca~ ~e rctified, City may a
its cpticn, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall nav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor anv of Subdivider's agents or contractors
are or shall be considered to be i;0flnts 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
engineering insrections and otl~€'r S€rV~C0S rcnnected with the City
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach an~ Default
If Subdivider refuses or fails to obtain prosecution of the work~
or any severable part thereof, with such diliqence as will insure
its comp 1 eti on w; th in the t;"me speci fi ed, or any extens i ons 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
13
14
15
16
17
18
19
19
20
21
22
23
24
25
26
27
20.
28
the Subdivider shoultl IH~ adjud~jecl a bankrupt, or Subdivider
should nloke a general assion llcnt for the Genef; t of Subdi vider' s
creditors, or if a receiver should be anpointed in the event of
Subdi\';c:cr's insolvency, ot" if Sllh~i\';c0r t or any of Subdivider's
contractors, subcontractors, agents or employees, should violat.e
any of the provisions of this agreement, City Engineer or City
Council may serve written notice uron Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance hv Surety or Citv
In the event of any such notice, Suhdivider's suretv shall have
the duty to take ovc;r anc c(:rr:l1let~ (he ~'JOrk and the improvcr.lent
herein srecified; provided, however, that if the surety, within
five days after the serving u~on 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 perfornli1nc(
t~ereof 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 St'bdi\'id€r, and Subdivider's
surety shall be liable to City 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 co~-
pleting the work, such materials) anoliances, 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 -
c
o
.~
o
a.
o
o
C
Q)
E
Ol
as
~
c
.::t:.
U
<{
/
2
Notices required to he given to City shall be addressed as follows:
'3
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
4
Notices reQuired to be given to Subdivider shall be addressed as follows:
5
Forecast Mortgage Corporation, 10670 Civic Center Drive,
6
Rancho Cucamonga, California 91730
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 mav 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
14
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
15
the day and vear first above written.
16
ATTEST:
17
18
19
'~~'Il~/~~~
'City Clerk
20
STATE OF CALIFORNIA
COUNTY OF San Bernardino
}ss.
On this 13th day of January
a Notary Public in and for said County and State, personally appeared
Joe Carman
~.ITY. ,OF S.; AN BEP.,NA.R.O...I. NO
/ . 1)
By. / .' d~'
Mayor, /
SUBOIVlflER
/) /) J~
U
, 19~, before me, the undersigned,
'esident
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
President, and James Rankin
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and 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 same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
4uA~~~ ~
' otary signature - -
vice
OFFICIAL SEAL
BEVERLY K. CAREY
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Comm Expires Aug 24, 1990
~xecuted ; n
1t arid the
(This area for official seal)
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 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 Subdivi der.
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
- 12 -
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
/
1
A G R E E MEN T
---------
2
(subdivision improvements)
3
4
THIS AGREEMENT is made and entered into this c?7lL day of
~,,- .198(. by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as /ICity/l, and
Forecast Mortgage Corporation , herei nafter referred to as
5
6
7
8
"Subdivider/l.
9
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
r1ivision map (hereinafter called IImapll) entitled II Tract 13457-5
II
The map has been filed with the City for presentation to the City
Council (hereinafter called "Councilll) 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 "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.
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.
2
3
4
5
6
7
8
9 I
10 II
I
I
11 I
12 I
I
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 performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdi vi der wi 11 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 J
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 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
-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
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 City En0ineer 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 suretv'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 wnether
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 destroved or dama~ed, and Subdivider shall re-
nla(e cr bave replaced, 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 anv work done
hereunder, 't/hether such property be owned bv the United States or
any agency thereof, or the State of California, or anv a~encv or
political subdivision thereof, or by the City or by an\, puhlic or
private corporation, or by 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 aoproval, of the City Engineer.
6. Utility Oenosits - Statement
Subdivider shall file with the City Clerk, prior to the corrmencement
- 3 -
1
2
)
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 Suhctivider has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
such public utility cornorilticn within the Subdivision.
-,
. .
Permits:
Compliance ~ith Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reQuired bv
law. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;pal Code.
8. Suoerintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said imf)rovement, 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 shoos wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider s~all furnish
to City imnrovement security as follows:
(1) An amount ~0ual to at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be performed as
sec~ritv for" the faithful performance of this agreement;
- 4 -
1
2
3 II
'I
4 I
5 I
I
6 I
I
7 I
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2S
26
27
28
(2) An amount equal to at least fifty percent of t~e total estimated
cost of the im~rovements and acts to be nerformed as security for
the payment of all persons perform;nq 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 nerfcormec es
security for the guarantee and warranty of the work for a neriod of
one (1) year following 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 by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~unicinal Code; and
the type shall he at the option of and sub;ect to the arnroval of
the City Enqineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, \'clnrlr.ss
from any liability for damage or clair:1S faY' damaqe for personal injury,
includinq death, as "/ell as from claims for prouertv 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 ar.ree~ to, and shall, defend City, and its
- 5 -
2
"3
4
5
6
7
8
')
)()
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
20 Ii
27 !
I
I
28 i
apnointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eouitv 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
hanmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or ?n~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless a9reement 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 paragraoh,
regardless of whether cr not City has orenared, supnlied or
a~proved of, nlans and/or specifications for the subdivision,
or regardless of \~hether or not such insurance pol)c;€~ shall
have been determined to be applicable to any 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 oaragranh 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 corrmence \':crk cn 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 requirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
- 6 -
a. Compensation Insurance
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24 I
25 Ii
26 Ii
27
28
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivirer's emolovees
employed at the site of imorovement, and in case any wor~ is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emoloyees
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 ;s not protected under any Workmen's
C0mpr:ns~t;on Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Suhdiv;der
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or any 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 oropertv damage insurance
as shall insure City, its elective and annointive boards, commis-
s;ons, officers, agents and employees, Subdivider a~d any contra<
tor or subcontractor performing work covered by this aqre~ment
from claims for damages for personal iniurv, including rleat~,
as well as from claims for nroperty dama~e which may arise frOPl
Sub~ivider'~ Ol' any contractor's or s~bcontractor's operations
hereunder, whether such operatiors be bV Subdivider or any
contractor or subcontractor, or by anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
- 7 -
2
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 I
I
21 I
I
22 !I
23
24
25 I
I
26 I
I
II
27 I
28 I
I
II
I
I
(1) Public Liahi]itY_l~surance
I n an amo u n t not ~ f S s t h an $ 2 5 0 , 0 0 0 . 0 0
for
injuries, including, but not limited to, death, to any
one oerson and, sub'; ect to the same 1 i mi t for ea ch
person, in an amount not less than $ 500,000.00
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $
25,000.00
for
damage to the pronerty cf each person on account of any
one occurrence.
I~ 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 oara-
graph, such policy shall contain a standard form of cr0SS-
1iCibility endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sutcortractor
performing work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently \'lith the execution
hereof, with satisfactory evidence of the insurance reauired, and
evidence that each carrier is required to give City at least ten
days Drior 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 imnrovements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
- [3 -
1
2
.~
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
2J I
i
24 i
'I
I
25 I
26 il
27 II
I
I
28
I
I
I
I
Ii
15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerformed under thi s agreeMent, any structure or rart of (\nv
s trllct~lre furn i !'ihec ('.nd/or ins ta 1 ~ ed or cons true ted, or ca us ed
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to hereir, Sub-
divider shall without delay and without any cost to City, renair
or replace or reconstruct any 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 Subdiyid(:r car. ",e ratified, City may a
its opticn, make the necessary renairs or replacements or perform
the necessary work and Subdivider shall nav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Cf!y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be i;0pnts cf 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
eng; neering insrections and ot'~€'r s€rvi ce~ rcnnected wi th the C; tv
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
; ts comp 1 eti on wi th in the time speci fi ect, or any extens ions 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
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 I
I
I
I
27 I
II
28 !
the Subdivider shoulll IJf~ adjud~Jed () bankrullt, or Subdivider
should moke a general oss;nnl1ent for the Lencfit of Subdivider's
creditors, or if a receiver should be anpainted in the event of
Subd"1"ic:cr's insolvency, or if Slll-:(~i\'icc:r, or any of Subdivider's
contractors, subcontractors, agents or er;:plovees, should violat.e
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance hv Surety or City
In the event of any such notice, Subdivirler's surety shall have
the duty to take OVI.:r anc ccrr:nlete \:he \'Jork and the improvcr.1ent
herein specified; provided, however, that if the suretv, within
five days after the serving uron 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(
t~ereof 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 SI.lbdi\'ic€r, and Subdivider's
surety shall be liable to City 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 co~-
pleting the work, such materials, anoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Not; ces
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
- 10 -
/2
'co
o
a.
o
()
c
Q)
E
OJ
"0
Q)
~
c
~
()
<(
I
2
Notices required to be given to City shall be addressed as follows:
'3
City Administrator, City Hall, 300 North "Oil Street, San Bernardino,
California 92418.
4
Notices reouired to be given to Subdivider shall be addressed as follows:
5
Forecast Mortgage Corporation, 10670 Civic Center Drive,
6
Rancho Cucarnonga, California 91730
7
8
Notices required to be given surety of Subdivider shall be addressed as
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.
personally known to me (or proved to me on the basis of .satisfactory evidence) to be the
President, and James Rankln
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument,
and 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 same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
15
16
ATTEST:
17
18
19
~;2d/Y/:/~<Y~
~;ty Clerk
20
STATE OF CALIFORNIA
COUNTY OF San Bernardino
}SS.
On this 13th day of January
a Notary Public in and for said County and State, personally appeared
Joe Carman
4~tar:e::e~&;j~
II
ByJ2~::?/~~
SUBDIVlnER
/) ^
1j ~
, ,
-----//
, 19~, before me, the undersigned,
~sident
vice
OFFICIAL SEAL
BEVERLY K. CAREY
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Comm Expires Aug 24, 1990
'xecuted ; n
It arid the
(This area for official seal)
1 Secretary or ~ss;stant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider ;s 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 -