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6/29/89
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RESOLUTION NO.
89-280
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NOS. 14110 AND 14319, LOCATED
3 SOUTH OF COMMERCIAL ROAD, NORTH OF HARWICK DRIVE AND WEST OF
FOXCROFT LANE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
4 SAID MAP; AND AUTHORI ZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
5 PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that
9 proposed Subdivision Tract Nos. 14110 and 14319, located South of
10 Commercial Road, North of Harwick Drive, and west of Foxcroft
11 Lane, together wi th the provisions for its design and
12 improvements is consistent with the General Plan of the City of
13 San Bernardino.
SECTION 2.
The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the standard form of
agreement adopted by Resolution No. 84-8 with Century Homes
Communi ties, a California corporation, for the improvements in
said subdivision tract as are required by Title 18 of the San
Bernardino Municipal Code and the California Subdivision Map Act.
Section 12(b) (1) of said Agreement is hereby amended to require
public liability insurance in an amount of not less than $250,000
per person and $500,000 per occurrence. The time for performance
is specified at 24 months.
Said improvements are specifically
described and shown on Drawings approved and on file in the
Office of the City Engineer of the City of San Bernardino.
SECTION 3:
The Final Map of said subdivision tract is
hereby approved and the City of San Bernardino hereby accepts as
public property all dedications within the subdivision as shown
6/29/89
RES0:~ APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO I S 1 411 0 AND' 14 31 9
1 on said Final Map for streets, alleys, (including access rights),
2 drainage and other public easements. As a condition precedent to
3 approval of the Final Map, the Subdivider shall first execute the
4 agreement referenced in Section 2 hereof for the improvements
5 within said subdivision. The City Clerk shall certify the
6 approval and acceptance of the Mayor and Common Council as set
7 forth in this resolution.
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SECTION 4.
This resolution is rescinded if the parties
9 to the agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on the
17th day of
July
, 1989, by the following vote, to-
wit:
AYE S :
Council Members Estrada, Reilly, Flores,
Maudsley, Minor
NAYS:
None
ABSENT: Council Members Pope-Ludlam, Miller
(y;?);u;&~~
/ City Clerk
resolution is hereby approved this /9/:.-'[.
TheJ_Q,regoing
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day of
, 1989.
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~ESQ:, APPROVING THE FINAL MAP FOR SUBDIVISION TRACT'
NO'S 14110 AND,14319
1 Approved as to form
2 and legal content:
James F. Penman
3 City Attorney
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6/29/89
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT ;s made and entered into this
day of
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, 198 , by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Century Homes Communities
, hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
11 rlivision map (hereinafter called "map") entitled II 14319
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
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")
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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.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedi cations or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in ,1 good and
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 wi:hout) the
subdivision to complete the improvements in accordance
with the plans and specifications on file a:; hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessa~1 or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer
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All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within
24 months
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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 En9ineer 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 destroved or damaged, and Subdivider shall re-
n1a~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 bv reason of anv work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or'the State of California, or any aqencv or
pol itica1 subdivision thereof, or by the Ci tv or by an\, publ ic or
private corporation, or bV any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or renlacement shall be to the
satisfaction, and suhject to the approval, of the City Engineer.
6. Utility Denosits - Statement
Subdivider shall file with the City Clerk, prior to the corrmencement
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of any work to be performed within the area delineated on the man,
a written statement s;qned bv Subdivider, and each public utilitv
corpor~ti0n involved, to the effect that Suhdivider 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 cornoraticn within the Subdivision.
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Permits:
Comp 1 i ance "Ii th Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reouired bv
law. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;pal Code.
8. SUDerintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City, to all Darts r.f the
work, and to the shonswherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider sha11 furnish
to City imnrovement security as follows:
(1) An amount ~oual to at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be performed as
sec~rity for'the faithful performance of this agreement;
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(2) An amount equal to at lea~t fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est:mated cost of the improvements and acts to be nerf(.rmed 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 bv 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 ~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 to, and shall, hold City, its elective and
apoointive boards, commi ssiori~~ officers, agents and emplovees, \-Clniless
from any liability for damage or c1ai:-:1s foY' damaqe for personal injury,
includinq death, as 'aiel 1 as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aaents'
or emp1ovees' 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 directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arrees to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beep 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 cn~' 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 suffered, bv reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether Cl" not City has oreoared, supn1ied or
approved of, n1ans and/or specifications for the subdivision,
or regardless of whether or not such insuran~e po11c;es shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subd;v;der1s Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,;: obtained all inSorance required under this oaragranh and
such in surance sha 11 have been approved b.y C i tv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to commence \':crk cn hi s contract or subcon tract unti 1 all
similar insurance required of the contractor or subcontractor shall
have been so obtained and aorroved~ All reouirements herein provider.
shall ap~ear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
a. Compensation Insurance
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Subdivider shall maintain, durinq the life of this agreement,
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Workmen's Compensation Insurance for all Subdivirer's emnlovees
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employed at the site of imorovement, and in case an.v work ;s
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sublet, Subdivider shall require any contractor or subcontractor
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similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emnlovep5, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
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C0mpr:ns~t;cn Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise nrotected. Subdivider
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shall indemnify City for any damage resulting to it from failure
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of either Subdivider or any COntractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
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agreement such public liability and orooerty damage insurance
contractor or subcontractor, or bv anyone directly or indirectly
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emp 1 oyed by either Subdiyi der or any contractor os subcontractor. i
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and the amounts of such insurance shall be as foll~Ns:
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as shall insure City, its elective and annoint;ve boards, commis-
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sions, officers, agE!nts and employees, Subdivider arid anv contra(
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tor or subcontractor performing work covered by this aqre~ment
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from claims for damages for personal iniurv, including rleat~,
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as 'Nell as from claims for nronerty damaCle which may arise froD1
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SUbtlivider'~. Ot' any contractor's or S:Jbcontractor's operations
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hereunder, whether such operatiors be by Subdivider or any
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(1) Public Liahility Insurancp.
I n an amount not ~ ESS than $ 250,000
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 500,000
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000
for
damage to the pronerty cf each person on account of any
one occurren c.e.
If! 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-
1iability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r subcortractor
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 reouired, and
evidence that each carrier is required to give Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective Deriod of this agreement.
14. Title to Improvements
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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.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerforffi€d under this aqreeMent, any structure or Dart 0f anv
strllct\lre fllrni~hec and/or instal~ed or constructed, or cnused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the re~uirements
of this agreement or the specifications referred to here;r:, Sub-
divider shall without delay and without anv cost to City, renair
or replace or reconstruct any defective or otherwise unsat~sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promntly or in accordance with this requirement, or
should the exigencies of the Subdivid(::r car. roe rctified, City 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 ~0pnts cf City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay 'to City the costs of all permit fees for all
engi neering inspections and ot!!€'r serv~ 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 and Default
If Subdivider refuses or fails to obtain prosecution of the work~
or any severable part thereof, with such diliqence as will insure
its comp 1 eti on wi th in the ti'me spec; fi ed, or any extens i ons th~rof"
or fails to obtain completion of said work within such time, or if
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the Subdivider should tJf~ adjud~Jed a bankrullt, or Subdivider
should make a general nssion llcnt for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd~\'i(:cr'5 insolvency, Or' if Sllh~iv;cc:r, or any of Subdivider's
contractors, subcontractors, agents 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; Perfonnnnce b\f Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take over and co~nlete the work and the improve~ent
herein srecified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give Ci ty wri tten not; ce of its intention to take over
the performance of the contract, and does not commence perforrTI(';nc(
t~ereof within five days after notice to City of such election,
City may take over the work and orosecute 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.Ibd;\'id€r, and Subdivider's
surety shall be liah]e 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 oft and utilize ;n com-
work and necessary therefor.
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pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
Notices
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices reouired to be given to Subdivider shall be addressed as follows:
CENTURY HOMES COMMUNITIES, fka Pavelak Construction Co., Inc.
P.O. Box 8110, San Bernardino, CA 92412
Notices required to be given surety of Subdivider shall be addressed as
follows: Pacific States Casulty Company, ATTN: Randy Spohn
5757 Wilshire Blvd., Suite 670, Los Angeles, CA 90036 (213) 937-2922
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
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and vear first above written.
ATTEST:
~f~P/
.e'i ty C erk
SUBDIVP)ER
22 Anproved as to form:
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C i tv A ttomey
I CENTURY HOMES COMMUNITIES, a
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I California Corporation
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ii INSTRIJr:TI0NS
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II If the Subdi vi der is a co rpora t ion, the agreemen t must be executed in
te corporate name and signed b.v the President or a vice-President arid the
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be 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 fict;-
5 tious name must be signed also. The agreement must be notarized bv the
6 Sub d i v i de r .
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1
A G R E E MEN T
2
(subdivision improvements)
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THIS AGREEMENT is made and entered into this
day of
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, 198 t by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Century Homes Communities
, hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
rlivision map (hereinafter called "map") entitled" 14110
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Counci,.,) 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 aGGordance 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.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE) for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance) the parties agree as follows:
1. Performance of Work
Subdivider will do and perform) or cause to be done and
performed) at Subdivider's own expense, in .1 good and
workmanlike manner, and furnish all required materials)
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi:hout) the
subdivision to complete the improvements in accordance
with the plans and specifications on file a:; hereinbefore
specified) or with any changes required or 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 t~e done at the places, of the
materials) in the manner, and at the grades) all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within
24 Months
from the date hereof.
4. Time of Essence - Extension
Time ;s of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City Enqineer ma." extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the suretv's liability
on the bond to secure the faithful nerformance 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 Subdivider 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 destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or,~e State of California, or any agenc\! or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or hv any combina-
tion of such owners. Any such re~air or renlacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
6. Utility Denosits - Statement
Subdivider shall file with the City Clerk, prior to the corrmencement
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of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utilitv
corpor~ti0n involved, to the effect that Suhctividpr 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 cornoration within the Subdivision.
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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 re0uired bv
law. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Suoer;ntendence bv Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all Darts r.f the
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work, and to the sho'?i..~wherein the work is in preDaration.
Contract Security
Concurrently with the execution hereof, Subdivider st1a11 furnish
to City imnrovement security as follows:
(1) ~n amount E0ual to at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be performed as
sec~rity for'the faithful performance of this agreement;
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(2) An amount equal to at lea~t fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est:mat.ed cost of the improvements and acts to be nerfcirrned 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 bv 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, 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 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, commissiot1~" officers, agents and emplovees, \-Clnrless
from any liability for damage or clai;:ls foY' damage for personal injury,
inclltdinq 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 bv 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.rees to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, bv reason of any of the aforesaid
operaticns, provided as follows:
a. That City does not, and shall not, waive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or cn~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless aqreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been sufferect, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or' not City has I')renared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurante policies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider1s Insurance
S ubdi vi der shall not commen ce work under th i s agreemen t un ti 1 Subdi vi der
shall hav,~ obtained all insurance required under this paragranh and
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such insurance shall have been aporoved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sun-
contractor to comnence \':crk cn hi s contract or subcontract unti 1 all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reauirements herein providerl
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, durinq the life of this agreement,
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Workmen's Compensation Insurance for all Subdivi~er's emolovees
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employed at the site of imorovement, and in case any work is
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sublet, Subdivider shall require any contractor or subcontractor
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similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emnloveps, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
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C0mDr:ns~ticn Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise nrotected. Subdivider
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shall indemnify Citv for any damage resulting to it from failure
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of either Subdivider or anv contractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
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agreement such public liability and orooerty damage insurance
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as shall insure City, its elective and annointive boards, commis.
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sions, officers, aqents and emoloyees, Subdivider aftd anv contra<
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tor or subcontractor performing work covered by this aqre~ment
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from claims for damages for personal iniurv, including rleat~,
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as '..tiell as from claims for nronerty dama(}e which may arise from
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SUbllivider'~. or any contractor's or s:.Jbcontractor's operations
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hereunder, whether such operatior-s be by Subdivider or any
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contractor or subcontractor, or bv anvone directly or indirectly
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employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~Ns:
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(1) Public Liahilitv Insurance
I t t 1 th $ 250,000.00
n an amoun no . €SS an.
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limi t for each
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 $
50,000.00
for
damage to the pronerty cf each nerson 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-
1iability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sulco~tractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv with the execution
hereof, with satisfactory evidence of the insurance reouired, and
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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 lJeriod 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.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final accertance of the
work oer~ormed uncer thi s aqreer.1ent, any structure or part of nT1V
strllct\lre furni:,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 an~ of the reouirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without anv cost to Citv, reoair
or replace or reconstruct any 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 Subdivid(:r car. r.e r.ctified, Citv may a
its opticn, make the necessarv 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 City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ~0pnts cf City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engi neering insnections and ot'~€'r servi ce~ rcnnected 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 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 speci fi ed, or any extens i ons thero~
or fails to obtain completion of said work within such time, or if
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the Subdivider shoulJ I){-~ adjud~Jed a bankrunt, or Subdivider
should milke a general assinn l1cnt for the uenefit of Subdivider' 5
creditors, or if a receiver should be anpointed in the event of
S ub d ~ \' i c: E r I 5 ins 0 1 ve n c y, 0 r i f S 1I h~ i vie c: r, 0 ran y 0 f Sub d i v ide r ' s
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
~urety of bt~ach of this agreement, or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance b'f Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take over and co~nlete ~he work and the improvc~ent
herein srecified; provided, however, that if the surety, 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 perforrTi(lncc
t~ereof within five days after notice to City of such election,
City may take over the work and Drosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and c.t the expense of Stlbdi\'id€r, and Subdivider's
surety shall be liable to City for any excess cost or damages
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occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession oft and utilize in com-
pleting the work, such materials, apnliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Not; ces
All notices herein required shall be in writing, and delivered
in person or sent bV registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0/1 Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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CENTURY HOMES COMMUNITIES, fka Pavelak Construction Co., Inc.
P.O. Box 8110, San Bernardino, CA 92412
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Notices required to be given surety of Subdivider shall be addressed as
follows: Pacific States Casulty Company, ATTN: Randy Spohn
5757 Wilshire Blvd., Suite 670, Los Angeles, CA 90036 (213) 937-2922
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Provided t~at any party or the surety mav change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
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transmitted to the new address.
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,I IN WITNESS WHEREOF. the parti es hereto have executed this agreement on
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the day and year first above written.
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ATTEST:
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I ~City Cl erk
I SUBDIVInER
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II Approved as to fonn: Bv
II By:
I City Attorney
II CENTURY HOMES COMMUN ITIES, a
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II California Corporation
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Ii INSTRIJt.TI0NS
I If the Subdivider ;s a corporation, the agreement must be executed in
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e corporate name and signed by the President or a "ice-President a~d the
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Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all persons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be not~rized bv the
S ubd i v i de r .
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