Loading...
HomeMy WebLinkAbout1989-458 , 22 23 24 25 26 27 1 0/ 2 6 / 8 g28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 89-458 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13530, LOCATED AT THE SOUTHWESTERLY CORNER OF OHIO AVENUE AND PALM AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1: The Mayor and Common Council find that Subdivision proposed 13530, Tract located No. the South- at westerly corner of Ohio Avenue and Palm Avenue, together with the provisions for its design and improvements is consistent with the General Plan of the City of San Bernardino. SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said City to execute the standard form of agreement adopted by Resolution No. 15 84-8 with McClellan Development, 16 17 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. 18 19 20 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 21 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 on said Final Map for streets, alleys, (including access rights), , . RESO: APPROVING THE FINAL MAP FOR SUBDIVISION TRACT' NO. 13530 1 2 3 drainage and other public easements. As a condition precedent to approval of the Final Map, the Subdivider shall first execute the agreement referenced in Section 4 within said subdivision. The 5 6 7 8 2 hereof for the improvements City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this resolution. SECTION 4. This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the 9 passage of this resolution. 10 / / / / 11 / / / / 12 / / / / 13 / / / / 14 / / / / 15 / / / / 16 / / / / 17 / / / / 18 / / / / 19 / / / / 20 / / / / 21 / / / / 22//// 23//// 24 / / / / 25//// 26 / / / / 27 / / / / 10/26/8928 / / / / - 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 10/26/89 28 RESO: APP'ROVING THE FINAL MAP FOR SUBDIVISION TRACT 'NO. 13530 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 20th day of November , 1989, by the following vote, to- wit: AYES: Council Members Estrada, Reilly. Flores. Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: None && ~Ai Q\ ""~~~9-YW /' City Clerk '.1 The foregoing resolution is hereby approved this ...<;:<J)!t~(' day of , 1989. November Approved as to form and legal content: James F. Penman City Attorney II \ i By 'r~z.,'t,-) /J (I ,,/ \./'. ,,/,,',7 ./'7 ' ,,'7"- _(l!.j?'-V~-t-1" - 3 - , ' , . . . . A~B~~H~H~ 1 2 3 4 5 6 7 8 9 f (Subdivision Improvements) THIS AGREEMENT is made and entered into this -<;Z~/ day Lf~ , 1989, by and between the CITY OF SAN ERNARDINO' a Municipal corporation, hereinafter referred to as ~erdernont Developrne~t Co., a Calif. General Partners ip , "City" , and ereinafter referred to as "Subdivider". R~~.l~A.1!~J.. Subdivider has presented to City for approval a final subdivision map (hereinafter called "map") entitled " 10 Tract No. 13530 11 12 13 " The map has been filed with the City for presentation to 14 the City Council (hereinafter called "council") of the City for 15 its approval, which map is hereby referred to and incorporated 16: herein. 17 Subdivider has requested approval of the map prior to the 18 construction and completion of . improvements, including all 19 streets, highways or public ways and public utility facilities 20 which are a part of, or appurtenant to, the subdivision (here- 21 inafter called "subdivision") designated in the map, all in 22 accordance with, and as required by, the Plans and Specifications 23 for all or any of said improvements in, appurtenant to, or out- 24 side the limits of sUbdivision, which Plans and Specifications 25 are now on file in the Offiqe of the City Engineer of the city. 26 Council has approved said map and accepted the dedications 27 therein offered, or some thereof, on condition that Subdivider 28 first enter into and execute this agreement with the city. I . " 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 aqreement is executed pursuant to the provisions 0 the Subdivision Map Act of the state of California and Title 1 Sap ~rnardino Municipal Code. NOW, THEREFORE, for and in cQnsideration of the approva of tpe map and of the acceptance Qf the dedications or som thereof, therein offered, and in order to insure satisfactor p~rtormance by Subdivider of Subdivider's obliqations under sai S1.lbdivision Map Act and said Ordinance, the parties aqree a follows: 1. Performance of Work Subdivider will do and perform, or cause to be don and performed, at Subdivider's own expense, in qoed and workmanlike manner, and furnish all require materials, all to the ~~tisfaction of the Engineer of City the work and improvements withi (and/or without) the subdivision to complete th improvements in accordance with the Plans an Specifications on file as hereinbefore specified, 0 with any changes required or ordered by sai Engineer, which in his opinion are necessary 0 required to complete the work. 2. Work: Places and Grades ~o pe Fixed bv Engineer All of said work is to be done at the places, of the materials, in the manner, and ~t the grades, all as shown upon the Plan" .nd speoifioations therefor, heretofore approved by City Enqineer and'which are IIII . . , 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 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 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 Engineer may 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 performance of this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has be~n shown to entitle Subdivider to an extension. 5. ReDairs and ReDlacements Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace or have replaced, ~epair, 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 .' . 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 6. damaged or destroyed by reason of any work done here under, whether such property be owned by the united states or any agency thereof, or the state of Calif- ornia, or any agency or political subdivision thereof or by the City or by any public or private corpora- tion, or by any person whomsoever, or by any combina- tion of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. utility Deposits - statement Subdivider shall file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corpor- tion involved, to the effect that Subdivider has made all deposits legally reqQired by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Subdivision. Permits: Compliance with 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 required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 18 San Bernardino Municipal Code. IIII 7. .' . . 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 8. Suoerintendence 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 auth ority to act for Subdivider. 9. Insoection bv city Subdivider shall at all times maintain proper facil- ities and provide safe access for inspection by City, to all parts of the work, and to the shops wherein the work is in preparation. 10. Contract Security Concurrently with the execution hereof , Subdivider shall furnish to City improvement security as follows: (a) An amount equal to at least one hundred percent of the total estimated cost of the improvement and acts to be performed as security for the faithful perform-mance of this agreement; (b) An amount equal to at least fifty percent of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this agreement; and (c) An amount equal to at least twenty-five percent " . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 11. 21 22 23 24 25 26 27 28 of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition 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, deposits or letters of credit as provided in Title 18 San Bernardino Municipal Code; and (d) The type shall be at the op~ion of and subject to the approval of the City Engineer and the City Attorney. Hold Harmless Aqreement Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property' damage which may arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider' . 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 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 agrees to, and shall, defend City, and its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, or any of the insurance policies described in Paragraph 12 hereof. (b) That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not City has prepared, supplied or approved of, Plans and/or Specifications for the SUbdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 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 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor, shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all 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 endorsements and shall specifically bind the insurance carrier. (a) Compensation Insurance Subdivider shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all Subdivider's employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workmen's Compensation Insurance for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of employees engaged in work under this agreement at the site of the proj ect is not protected under any Workmen's Compensation Law, Subdivider shall provide and shall cause each 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 contractor and subcontractor to provide, adequate insurance for the protection of employees not otherwise protected. 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 Liability and Property Damaqe Insurance Subdivider shall take out and maintain during the life of this agreement such public liability and property damage insurance as shall insure city, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this agreement from claims for damages for personal injury, including death, as well as from claims for property damage which may arise from Subdivider's or any contractor's or subcontractor's operations hereunder, whether such operations be by Subdivider or any contractor or subcontractor, or by anyone directly or indirectly employed by either Subdivider or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Public Liability Insurance In an amount not less than $ 2~O,OOO.OO for injuries, including, but not limited to, death, to 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 13. anyone person and, subj ect to the same limit for each person, in an amount not less than $ 500,000.00 on account of anyone occurrence; (2) Property Damaqe Insurance In an amount not less than $ 50',OOO~ 0'0 for damage to the property of each person on account of any one occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures any entity, person, board or commission other than those mentioned in this paragraph, such policy shall contain a standard form of cross-liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor or subcontractor performing work covered by this agreement. Evidence of Insurance Subdivider shall furnish City concurrently with the execution hereof, with satisfactory evidence of the insurance requiredJ and evidence that each carrier is required to give city at least ten days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this agreement. 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 14. 15. Title to Improvements Title to, and ownership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such improvements by City. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the work performed under this agreement, any structure or part of any structure furnished andlor installed or constructed, or caused to be installed or constructed by 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 herein, Subdivider shall without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory 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 situation as determined by the City in the exercise of its sole discretion require repair, replacement or reconstruction before the Sub- divider can be notified, City may at its option, make the necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to City the IIII 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 16. 17. 18. . actual cost of such repairs plus fifteen percent ( 15%) . Subdivider Not Aaent of city Neither Subdivider nor any of Subdivider's agents or contractors are, or shall be, considered to be agents of City in connection with the performance of Subdivider's obligations under this agreement. Cost of Enaineering and Insoection Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any construction. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's inso~vency, or if Subdivider, 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 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 19. 20. serve written notice upon Subdivider and Subdivider's surety of breach of this agreement, or of any portion thereof, and default of subdivider. Breach of Aareement: Performance by Surety or city In the event of any such notice, Subdivider's surety shall have the duty to take over and complete the work and the improvement 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 performance thereof within five days after notice to city of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, 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 , ( 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 delivered in person or sent by registered mail postage prepaid. Notices required to be given to City shall be addressed a follows: City Administrator City Hall 300 North "0" street San Bernardino, California 92418 Notice required to be given to Subdivider shall be addressed a follows: 3111 N. Tustin Ave. #105, Orange; CA 92665 Provided that any party or the surety may change such address b notice in writing to the other party and thereafter notices shal be addressed and transmitted to the new address. PARTNERSHIP ACKNOWLEDGMENT - u _ __ _ 4. _ ~ ~" .: NO. 203 State of California On this the 25 t ltiay of October 89 }ss. 19_,before me, County of Orange Veronica M. Gregson , the undersigned Notary Public, personally appeared Michael w. McClellan e~~ ~personally known to me VEROtICA..8M ON o proved to me on the basis of satisfactory evidence NotIIJ I' ~ 1 'C"..R 1.& ~ ........, to be the person(s) who executed the within instrument on behalf of the My Comm. 1Ip..... 11, 1tI2 partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. .,,~~ (VI _ ~?-- J Notary's Signature ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE Title or Type of Document MUST BE ATTACHED Number of Pages TO THE DOCUMENT Date of Document DESCRIBED AT RIGHT: Signer( s) Other Than Named Above 7130 019 NATI ONAl NOTARY ASSOCIATION. 8236 Remmel Ave. . P.O. Box 7184. Canoga Park, CA 91304-7184 . . , .J . ~ 1 2 3 4 5 6 7 8 9 . . INSTRUCTIONS If the Subdivider is a corporation, the agreement must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed by 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 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 fictitious name must be signed also.. The agreement must be notarized by the Subdivider. Ii.