HomeMy WebLinkAbout1988-171
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RESOLUTION NO.
88-171
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION PARCEL MAP NO. 11174, lOCATED AT THE
3 NORTHWEST CORNER OF RICHARDSON STREET AND VICTORIA AVENUE, AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
4 IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOllOWS:
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SECTION 1: The Mayor and Common Council find that
8 proposed Subdivision Parcel Map No. 11174, located at the
9 Northest corner of Richardson Street and Victoria Avenue,
10 together with the provisions for its design and improvements is
11 consistent with the General Plan of the City of San Bernardino.
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SECTION 2: The Mayor of the City of San Bernardino is
13 authorized on behalf of said City to execute the standard form
14 of agreement adopted by Resolution No. 84-8 with Khoury
15 Enterprises, a California limited Partnership, for the improvements
16 in said subdivision parcel map as are required by Title 18 of the
17 San Bernardino Municipal Code and the California Subdivision Map
18 Act. Section 12(b)(I) of said Agreement is hereby amended to
19 require public liability insurance in an amount of not less than
20 $250,000 per person and $500,000 per occurrence. The time for
21 performance is specified at 24 months. Said improvements are
22 specifically described and shown on Drawings approved and on
23 file in the Office of the City Engineer of the City of San
24 Bernardino.
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SECTION 3: The Final Map of said parcel map is hereby
26 approved. As a condition precedent to approval of the Final Map,
27 the Subdivider shall first execute the agreement referenced in
28 Section 2 hereof for the improvements within said subdivision.
5/18/88
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RES:. '- A P P. R 0 V I N G THE FINAL MAP FOR PARCEL MAP NO. I'll 7 4 ·
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1 The City Clerk shall certify the approval and acceptance of the
2 Mayor and Common Council as set forth in this resolution.
3 I HEREBY CERTIFY that the foregoing resolution was
4 duly adopted by the Mayor and Common Council of the City of
5 San Bernardino at a
Regular
meeting thereof, held on
, 1988, by the following vote,
6 the 6th day 0 f
7 to-wit:
June
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AYES:
Counci 1 Members
Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller
NAYS:
ABS~NT:
None
None
/Ao(~c€~/
The foregoing resolution is hereby approved this i~.i!day
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June
, 1988.
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Approved as to form
21 and 1 ega 1 content:
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 9th
day of
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May
, 1989, 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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Kh:ury Eht:e1:pr::ig:s, A Califarrria L:imitErl ~- herei nafter 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-
rfivision map (hereinafter called "map") entitled II P.M. ID. 11174
"
The map has been filed with the City for presentation to the City
Council (hereinafter called IICouncil") 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 perfonnance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' s own expense, 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 as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessa~1 or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
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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
even t good cause is shown therefor, the C i tv Enq i neer ma." extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the suretv's liabilitv
on the bond to secure the faithful oerformance of this agreement.
The Citv 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 reoair, 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-
nla~e cr bave renlaced, repair, or have repaired, as the case mav 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 anv agenc\/ or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or bv any combina-
tion of such owners. Any such re!1air or replacement shall be to the
satisfaction, and suhject to the approval, of the City Engineer.
6. Uti 1 i ty Denos its - S tatemen t
Subdivider shall file with the City Clerk, prior to the commencement
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of any work to be performed within the area delineated on the man,
a written statement siqned by 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 cornornticn within the Subdivision.
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Permits:
C omp 1 i a n c e '-1 i th Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
qive 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 ~un;c;pal Code.
8. 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 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 shons wherein 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 ~0ual to at least one hundred percent of the total
estimated cost of the imorovement 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 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-
;a1s in connection with this agreement; and
(3) An amount eoua1 to at least twenty-five percent of the total
est..!mated cost of the iml1rovements and acts to be nerformed 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 successfull y 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 ~un;c;nal 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, commissions, officers, agents and emplo,yees, I'Clnrless
from any liability for damage or c1a;;:ls faY' damage 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', aqents'
or employees' operations under this agreement, whether such ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider ar.ree~ to, and shall, defend City, and its
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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, boY reason of any of t.he aforesaid
operations, provided as follows:
a. That Citv does not, and shall not,- v/aive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Ci't.v by Subdivider, or cn~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffereo, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or' not City has orenared, supplied 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
Subdivider shall not commence work under this agreement until Subdivider
shall havl~ obtained all insurance requi red under this oaragranh and
such insurance shall have been approved by City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to cOfTlllence \':crk en hi s contract or subcontract unti 1 a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved.. All reoui\'''ements herein provided
shall ap~ear 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
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivic'er's emolovees
employed at the site of imorovement, and in case any work ;s
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
C0mpr:ns~tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify 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 annointive 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 damages for personal in;urv, including neath,
as well as from claims for nroperty dama(}e which may arise from
SUbtlivider'~. OY' any contractor's or subcontractor's operations
hereunder, whether such operatioPs be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
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employed by ei ther Subdivi der or any contractor os subcontractor, I
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and the amounts of such insurance shall be as follows:
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(1) Public Liah1J it~l~2-urance
In an amount not ~fSS than $ 250,000.00
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 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 property cf each person on account of any
one occurren c.e.
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-
1 iability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sulcortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance reauired, and
evidence that each carrier is required to give City at least ten
days orior notice of the cancellation or reduction in coverage of
any policy during the effective I)eriod of this agreement.
14. Title to Improvements
Title to, and ownershio of, all improvements constructed hereunder
bv Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerform€d under this agreeMent, anv structure or part of ~nv
struct'lre furn;!ihec and/or instal:ed or constructed, or cnused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill anv of the reouirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without any cost to Citv, 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. I-,e ratified, Citv may a
its opt;cn, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall nay 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 perfonnance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engineering ;nsDections and ot'~f:'r service5 connected with the City
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and De7au1t
If Subdivider refuses or fails to obtain orosecution of the work,
or any severable part thereof, with such diliqence as will insure
its completion within the time specified, or any extensions thr.:rof"
or fails to obtain completion of said work within such time, or if
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the Subdivider should IH~ adjud~jec1 a bankrunt, or Subdivider
should nwke a general oss;onl1cnt for the uenefit of Subdivider's
creditors, or if a receiver should be aopointed in the event of
S ub d ~ \' ; c: E r I 5 ; n sol ve n c y, 0 r i f S 1I hc~ i v ; c c: r, 0 ran y 0 f Sub d i v ide r ' s
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agreement, City Engineer or Citv
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 Agy'eement; Perfonnance b'l Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take OVt.:r anc corr:111 ete \:he vJOrk and the improver.1ent
herein specified; provided, however, that if the suretv, within
five days after the serving uron if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perforn~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;\';dEr, 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 possessfon of. and utilize in com-
pleting the work, such materials, anoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
Notices
All notices herein required shall be in writing, and del;v~red
in person or sent bV registered mail, postage prepaid.
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Notices required to he 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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Khoury Enterprises, California Limited Partnership c/o Pacific Scene, Inc., A
California Corporation General Partner 930 S. Mt. Vernon #300 Colton, CA 92324
Notices required to be given surety of Subdivider shall be addressed as
follows: GAP Insurance Services 1350 Fashion Valley Road, San Diego, CA 92138
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
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and vear first above written.
ATTEST:
By:
I~~
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SIJBOIVlnER
Anproved as to form:
Khoury Enterprises, A
Bv: California Limited Partnership
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Pacif ic Scene, Inc., A California
By: Corporation General Partner
IN STRI Jr,T I0NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed b,v the Pres i dent or a vi ce-Pres; dent arId 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 nersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivi der.
STATE OF CALIFORNIA )
) S5
COUNTY OF SAN BERNARDINO)
\ On May 9, 1988, before me, the undersigned, a Notary Public in and for
said State and County, personally appeared TONY MEZA, known to me to be
the VICE PRESIDENT of PACIFIC SCENE, INC., the corporation that executed
the within instrument as General Partner of KHOURY ENTERPRISES, a Calif-
ornia Limited Partnership and acknowledged to me that KHOURY ENTERPRISES
executed the same.
\
WITNESS MY HAND AND OFFICIAL SEAL:
C'-t r-iiu .Pt ~
~-----
~~*\ OFFiCiAL SE/\,t.
ff,;_".'; "~"\ C""T}!i A ,-.',q."';:"
l!'t(;~.i...~ ~ iJ f n,. 1.'-'. r "..i'P,"'....,:)
\'t~ NOTARY puwe. "''''''NY,
~,~~ S,.\.N P.E~NAf~OH~O LOUNTY ,
"'1,/ COM~i1SS:0N EXP JAN. 6.1CjJ2
_~______-____--s;
STATE OF CALIFORNIA
SS
COUNTY OF SAN DIEGO
On May 11, 1988, before me,the undersigned, a Notary Public in and for
said State and County, personally appeared EDWARD D. PETERSON, known to
me to be the ASSISTANT SECRETARY of PACIFIC SCENE, INC., the corporation
that executed the within instrument as General Partner of KHOURY ENTER-
PRISES, a California Limited Partnership and acknowledged to me that
KHOURY ENTERPRISES executed the same.
WITNESS MY HAND AND OFFICIAL SEAL:
-~s~
.... · · · · · · · · · · · · · · · · · · f
e OffICIAL SEAL
· . Mary E. Masewicz
. NOTARV PUBliC. CALIfORNIA
PRINCIPAL OffiCE IN
SAN DIEGO COUNTY
Myr.1iIsion (~pires Dee. 21. 1990
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