HomeMy WebLinkAbout1989-509
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RESOLUTION NO. 89-509
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14235, LOCATED ON THE SOUTH-
EAST CORNER OF MACY STREET AND RIALTO 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
8 proposed Subdi vi si on Tract No. 14235, located on the Southeast
9 corner of Macy Street and Rialto Avenue, together with the pro-
10 visions for its design and improvements is consistent with the
11 General Plan of the City of San Bernardino.
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SECTION 2.
The Mayor of the City of San Bernardino
13 is authorized on behalf of said City to execute the standard
14 form of agreement adopted by Resolution No. 84-8 with Forecast
15 Mortgage Corpora t ion, for the improvements in sa ids ubd i vis ion
16 tract as are required by Title 18 of the San Bernardino
17 Municipal Code and the California Subdivision Map Act. Section
18 12 (b) (1) of sa i d Agreement is hereby amended to requ ire pub 1 i c
19 1 i abi 1 i ty insurance in an amount of not 1 ess than $250,000 per
20 person and $500,000 per occurrence. The time for performance is
21 specified at 24 months.
Said improvements are specifically
22 des c rib e d and s how non D raw i n g sap pro v e d and 0 n f i 1 e i nth e
23 Office of the City Engineer of the City of San Bernardino.
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SECTION 3.
The Final Map of said subdivision tract
25 is hereby approved and the City of San Bernardino hereby accepts
26 asp u b 1 i cpr 0 per t y a 11 de die a t ion s wit h i nth e sub d i vis ion a s
27 s h own 0 n s aid Fin a 1 Map for s t r e e t s, a 11 e y s, (i n c 1 u din g ace e s s
28 rights), drainage and other public easements. As a condition
YK:pa
November 28, 1989
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14235, LOCATED ON THE
2 SOUTHEAST CORNER OF MACY STREET AND RIALTO AVENUE.
3 precedent to approval of the Final Map, the Subdivider shall
4 first execute the agreement referenced in Section 2 hereof for
5 the improvements within said subdivision. The City Clerk shall
6 certify the approval and acceptance of the Mayor and Common
7 Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoi ng resol uti on was
9 duly adopted by the Mayor and Common Council of the City of San
10 Bernardino at a reqular
meeti ng thereof, hel d on the 18th
11 day of
December
, 1989, by the following vote, to wit:
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AYES:
Council Members Reilly, Flores, Maudsley,
Minor, Pope-Ludlam, Miller
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21 day of
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NAYS:
ABSENT:
None
Council Member Estrada
~ ~.
oK ~ W~~/>.~
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City Clerk
The for ego i n g res 0 1 uti 0 n ish ere by a p pro ve d t his JodL
December
, 1989.
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Approved as to
25 form and legal content:
26 JAM E SF. PEN MA N ,
27 C i t Y At tor n e y
28 BY~
YK:pa
November 28, 1989
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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 ; nto thi s o?.odv day of
A!b~",.k) . 1987. by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "Cityll, and
Forecast Corporation
, hereinafter referred to as
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"Subdividerll.
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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"
Tract 14235
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The map has been filed with the City for presentation to the City
Council (hereinafter called IICouncilll) of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "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.
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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 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 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 menner, 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 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 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 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
mar 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 reDlac€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 bv the City or by an\' 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 aoproval, 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 siqned bv Subdivider, and each public utilitv
corpor~ti0n involved, to the effect that Suhdividp~ has made all
deposits legally required by such public utility cornorat;on for
the connection of any and all public utilities to be supplied bv
such public utility cornorutic.n within the Subdivision.
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Permits:
Comp 1 i ance ''Ii th 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 comolv with all nrovisions of the Subdivi~
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Suoerintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said imnrovement, 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
Concurrentl y wi th the executi on hereof, S ubdi vi der s ha 11 furn i sh
to City imnrovement security as follows:
(1) An amount E0ual to at least one hundred nercent 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 lea5t fiftv percent of t~e 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
es t ~ma t.ed cas t of the improvemen ts and acts to be nerf(irrne des
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, deposits or letters of credit as provided in Title
18 San Bernardino ~unicinal Code; and
the type shall be at the option of and subject to the apnroval of
the City Enqineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
a pooi n ti ve boa rds, commi ss ions, offi cers, agents and emp 1 ovees, 1- Cl nrl ess
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', 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 af.ree~ to, and shall, defend City, and its
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apnointiye boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauity for damages caused,
or alleged to have beet" caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, 't/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 City 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 sufferect, by reason of any
of the aforesaid operations referred to in this paragraph,
regardl ess of whether or not Ci tv has I)renared, supnl i ed or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insuran~e policies shall
have been determined to be applicable to any of such damages
or claims for damages.
Subdivider's Insurance
Subdivi der shall not commence work under this agreement until Subdiyi der
shall havlz obtained all insurance required under this oaragranh and
such insurance shall have been approved ~y City Attornev as to form,
amount and carrier, nor shall subdivider allow any contractor or Suh-
contractor to cOl11Tlence \':crk en hi s contract or subcontract unti 1 all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved~ All reouirements herein provideo
shall aopear 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,
Workmen's Compensation Insurance for all Subdivicer's emolovees
employed at the site of imorovement, 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 emnlovep5, 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~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 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 orooertv damage insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider a~d any contra(
tor or subcontractor performing work covered by this aqre~ment
from claims for damaqes for personal iniurv, including rleat~,
as well as from claims for nroperty c\amafle which may arise froPl
SUb<.li vi der I~. Ot' any con t ra ctor I s or S :.Jbcontractor I s opera ti on s
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or by anvone directly or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public LiahilitY-J!}surance
In an amount not ~fSS than $
250,000.00
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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 any 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 occurren ce.
I~ the event that any of the aforesaid insurance policies
provided for in this Paragraoh 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-
1iability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor [.r SL!tcor.tractor
performing work covered bv this a9reement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance reouired, 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 ownershir of, all imnrovements constructed hereunder
bv 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 oer~()rmed uncer thi 5 agreeMent, anv structure or part 0f (\nv
strllctllre furni~hec and/or insta!:ed or constructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill anv of the reouirements
of this agreement or the specifications referred to her~;r:, 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 Subdivi~~r can ~e rctified, Citv may a
its opticn, make the necessarv 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 anv of Subdivider's agents or contractors
are or shall be considered to be ~0pnts of Citv in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost~Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and ot'ler s€rv~ CE:5 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 orosecution of the work,
or any severable part thereof, with such diliaence as will insure
its comp 1 eti on wi th in the time spec; fi ed, or any extens i ons th~ro+"
or fails to obtain completion of said work within such time, or if
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the Subdivider should IJf~ adjud~jed a bankrunt) or Subdivider
should make a general ctssinn llcnt for the uenefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd~\'i(:(r' 5 insolvency, or if Suh(~iv;cc:r, or any of Subdivider's
contractors, subcontractors, agents or e~lplovees, 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.
19 Breach of Agreement; Perfonnonce b\f Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take over anc corrrlete \:he \"JOrk and the improvcr:1ent
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 con tract, 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 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 Subdi\'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 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.
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Notices
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" 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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Forecast Corporation. 10670 Civic Center nrivp,
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Rancho Cucarnonqa, CA 91730
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Notices required to be given surety of Subdivider shall be addressed as
follows:
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Provided t~at any party or the surety mav change such address bv notice in
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writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and year first above written.
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ATTEST:
STATE OF
CALIFORNIA
COUNTY OF
911 Be;rn .
On this grdJ.no
a Notar~daYOf
and for saId C r
. Ounty and S
perSOnally known tate, persona II a ' 19 89
PreSident a d to me (or proved t y Ppeared ~, before me th
' nOme ' e Und .
perSOnally k On the basis of . ers/gned,
~: nown to me Satlsfactor .
~-'~of th (or proVed t Y eVIdence) t
and known t e corpOration that 0 me on the basis of . 0 be the Exec. V;
i 0 me to b eXecuted th '. satlsfactor . ~
nstrument On behalf e the persons Who e Wlthm instrument Yevldence) to be th ~
aCkn'Jwl of the executed' e _ .
P edged to me th t CorpOration th the Within reS~dent
Wursuant to its by law a sUch CorpOration erein named, and
ITNESS s, or a re, eXecuted
my hand sOlutIon of 't the sam
,. /J . and Official seal I s Board of Direct e,
m' . Ors.
}SS.
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esident
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(This area f '
Or OffIcial Seal)
If the Subdivider is a corporation, the agrt:t."",o.
e corporate name and signed by the President or a "ice-President a~d the
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be executed in
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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 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.
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