HomeMy WebLinkAbout1989-497
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RESOLUTION NO. 89-497
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13953, LOCATED ON THE WEST
SIDE OF EUCALYPTUS AVENUE, APPROXIMATELY 500 FEET SOUTH OF MILL
STREET, 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 Counci 1 fi nd that
proposed Subdivision Tract No. 13953, located on the West side
of
Eucalyptus Avenue,
approximately 500 feet South of Mi 11
with
provisions
its
design
Street,
together
the
for
and
improvements is consistent with the General Plan of the City of
San Bernardino.
SECTION 2: The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the standard form
of
agreement adopted by Resolution No. 84-4 with McClellan
Development, for the improvements in said subdivision tract as
are required by Title 18 of the San Bernardino Municipal Code
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19 and the California Subdivision Map Act. Section 12(b)(I) of
20 sa i d A g r e em en tis her e b yam end e d tor e qui r e pub 1 i c 1 i a b i 1 i t Y
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insurance in an amount of not 1 ess than $250,000.00 per person
22 and $ 5 0 0 , 0 0 0 . 0 0 per 0 c cur r e n c e .
The ti me for performance is
23 specified at 24 months.
Sa i d improvements are spec i fi ca 11 y
descri bed and shown on Drawi ngs approved and on fi 1 e in the
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25 Office of the City Engineer of the City of San Bernardino.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL ~1AP FOR SUBDIVISION TRACT NO. 13953, LOCATED ON THE WEST
SIDE OF EUCALYPTUS AVENUE, APPROXIMATELY 500 FEET SOUTH OF MILL.
SECTION 3. The Final Map of said subdivision tract is
4 hereby approved and the City of San Bernardino hereby accepts as
5 public property all dedications within the subdivision as shown
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(including
said
Final
for
alleys,
Map
streets,
access
on
7 rights), drainage and other public easements.
As a condition
8 precedent to approval of the Final Map, the Subdivider shall
9 first execute the agreement referenced in Section 2 hereof for
10 the improvements within said subdivision. The City Clerk shall
11 certify the approval and acceptance of the Mayor and Common
12 Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoi ng resol uti on was
14 duly adopted by the Mayor and Common Council of the City of San
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Bernard i no a t a reqular
meeti ng thereof, hel d on the 18th
16 day of
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December
, 19~, by the following vote, to wit:
AYES:
Counci 1 Members Estrada. Reillv. Flores.
Maudslev. Minor. Miller
NAYS:
ABSENT:
None
Council Member Pace-Ludlam
~472~~~/
CitY Clerk
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13953, LOCATED ON THE WEST
SIDE OF EUCALYPTUS AVENUE, APPROXIMATELY 500 FEET SOUTH OF MILL.
The foregoing resolution is
this-loC/'"
4 day of
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December
, 1989.
Approved as to form
and 1 ega 1 content:
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JAMES F. PENMAN,
City A~torney ..~
By: ~ 7i1~
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A~BE~H~H~
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(Subdivision Improvements)
of
THIS AGREEMENT is made and entered into this __~~ day
n~
, 1989, by and between the CITY OF SAN
BERNARDINO, a Municipal corporation, hereinafter referred to as
5 partnershi)
"City", and McClellan San Bernardino Tract No. 13953. a Cal ifornia 1 1m1 tp.il
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B~~.I~Al!al.
hereinafter referred to as "Subdivider".
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "map") entitled "
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Tract No. 13953
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"
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.
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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.
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Council has approved said map and accepted the dedications
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therein offered, or some thereof, on condition that Subdivider
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first enter into and execute this agreement with the City.
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1 This agreement is executed pursuant to the provisions of
2 the Subdivision Map Act of the State of California and Title 18
3 San Bernardino Municipal Code.
4 NOW, THEREFORE, for and in consideration of the approval
5 of the map and of the acceptance of the dedications or some
6 thereof, therein offered, and in order to insure satisfactory
7 performance by Subdivider of Subdivider's obligations under said
8 Subdivision Map Act and said Ordinance, the parties agree as
9 follows:
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1.
Performance of Work
Subdivider will do and perform, or cause to be done
and
performed,
at Subdivider's own expense,
in a
good and workmanlike manner, and furnish all required
materials,
satisfaction
the
City
all
the
of
to
Engineer of City the work and improvements within
(and/or without)
subdivision
the
the
complete
to
improvements
with
and
in
accordance
the
Plans
Specifications on file as hereinbefore specified, or
with
required
ordered
by
said
changes
any
or
Engineer,
in
or
his
opinion
which
are
necessary
required to complete the work.
2.
Work:
Places and Grades to be Fixed bv Enqineer
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,
heretofore
approved
City Engineer and which are
by
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now on file in his office, and to the satisfaction of
said City Engineer.
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.
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 been shown to entitle Subdivider
to an extension.
Repairs and Replacements
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
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5.
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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 req~ired 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 an~ taxes required by law. Subdivider
shall comply with all provisions of the Subdivision
Map Act and Title 18 San Bernardino Municipal Code.
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8.
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suoerintendence bY Subdivider
Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman
or Superintendent, satisfactory to the City Engineer
on the work at all times during progress, with auth
ority to act for Subdivider.
Insoection bY 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.
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
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11.
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 option 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'
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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 harmlnss 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.
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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 project is not
protected under any Workmen's Compensation Law,
Subdivider shall provide and shall cause each
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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 inj ury , 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 $ 500,000
for injuries,
including, but not limited to, death, to
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13.
anyone person and, subj ect to the same
limit for each person, in an amount not
less than $ 250.000
on account of anyone
occurrence;
(2) Property Damaqe Insurance
In an amount not less than $ 50,000
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.
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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
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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 Enaineerina and Inspection
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
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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
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INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
3 executed in the corporate name and signed by the President or a
4 Vice-President and the Secretary or Assistant Secretary, and the
5 corporate seal affixed. If the Subdivider is a partnership, it
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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
fictitious name must be signed also..
The agreement must be
notarized by the Subdivider.
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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
8 Notice required to be given to Subdivider shall be addressed a
follows:
McClellan San Bernardino Tract No. 13953
C/O McClellan Development
3111 N. Tustin Avenue
Suite 105
Orange, California 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.
IN WITNESS WHEREOF, the parties hereto have executed thi
ATTEST:
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CIty Clerk
agreement on the day and year first
Approved as to form and
legal content:
SUBDIVIDER:
McClellan San Bernardino Tract No.1 953
By: a California limited partnership
By: Pepper Partners,
a California general partnership
By: McClellan Development~ general part er
By: M~~~~
City Attorney
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STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
On November 28, 1989 before me, the undersigned, a Notary
Public in and for said State, personally appeared Michael W.
McClellan, personally known to me to be the person who executed
the within instrument as President, of McCLELLAN DEVELOPMENT, a
California corporation, as General Partner of PEPPER PARTNERS, a
California general partnership, a General Partner of McCLELLAN
SAN BERNARDINO TRACT NO. 13953, a California Limited
Partnership, the partnership that executed the within
instrument, and acknowledged to me that such partnership
executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
VERONICA M GREGSON
Notary Public-California
ORANGE COUNTY
\Je,,~ m . ~/._
Notary Publ ic
My Comm. Exp. Jan. 18, 1992