HomeMy WebLinkAbout1988-239
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RESOLUTION NO.
88-239
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING
AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT
NO. 11017 LOCATED ON THE NORTHEAST CORNER OF LA PRAIX AVENUE AND
PACIFIC STREET APPROXIMATELY 140 FEET WEST OF SEINE AVENUE.
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 proposed
Subdivision Tract No. 11017, located on the Northeast corner of
La Praix Avenue and Pacific Street approximately 140 feet West of
Seine Avenue, together with the provisions for its design and
improvements, is consistent with the General Plan of the City of
San Bernardino.
SECTION 2.
James F. and Goldie F. Stembridge are hereby
released from the standard form agreement executed on March 25,
1980.
SECTION 3.
The Mayor of the City of San Bernardino is
hereby authorized on behalf of said City to execute the standard
form of agreement adopted by Resolution No. 84-8 with Koinoia
Associates, a Limited partnership, for the improvements in
Subdivision Tract No. 11017, as required at Section 18.44.010 of
the San Bernardino Municipal Code.
SECTION 4.
Section 12(b) of said agreement is hereby
amended to require public liability insurance in an amount of not
less than $250,000.0 per person and $500,000.00 per occurrence.
The time for performance is specified at 24 months.
Said
improvements are specifically described and shown on drawings
JFW:ss
June 22, 1988
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· RESO~ AUTHORIZING EXECUTION OF NEW AGREEMENT AND RELEA&E OF"
EXISTING AGREEMENT RE: IMPROVEMENTS IN TRACT NO. 11017
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2 approved and on file in the office of the City Engineer of the
3 City of San Bernardino.
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SECTION 5.
The Subdivider shall first execute the
5 agreement referenced in SECTION 3 hereof for the improvements
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within said subdivision.
The City Clerk shall certify the
7 approval and acceptance of the Mayor and Common Council as set
8 forth in this resolution.
9 I HEREBY CERTIFY that the foregoing resolution was duly
10 adopted by the Mayor and Common Council of the City of San
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Bernardino, at a
meeting held on the 5th
day
regular
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of
,111 1 Y
, 19~, by the following vote, to wit:
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AYES:
Council Members F.!=:trfldfl, Rp.i lly, Florp.s r Maudsley r
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Minf"\r. Pf"\pp-T.lldlrlm. Millpr
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NAYS:
None
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ABSENT:
~one
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~~/~
Ci ty/Clerk
The foregoing resolution is hereby approved this _~~{___
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day of
July
, 19 88.
Evlyn Wi cox, ayor
City of San Bernardino
Approved as to form
a~d~
C~--Attorn
JFW:ss
June 22, 1988
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A G R E E MEN T
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(subdivision improvements)
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THI~ AGREEMENT is made and entered into this o?;r~~ay of
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a mun.ft'rpat corporation, hereinafter referred to as "City", and
/(O//Vt)/V/ A- 4,~Sc c//y ,73:.S, hereinafter referred to as
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, 198~, by and between the CITY OF SAN BERNARDINO
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"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
1/\ //017
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
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 Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) 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 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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4.
work to be within
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 ma," extend
the time for completion of the improvements hereunder. Any such
extens ion may be granted wi thout no~i ce to the Subdivi der I s surety,
and extensions so granted shall not relieve the surety's liabilitv
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 exten-
sion.
5.
Repairs and Replacements
Subdivider shall replace, or have replaced, or renair, 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 re-
place or have replaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv reason of any work done
hereunder, whether such oropertv be owned bv the United States or
any agency thereof, or the State of California, or any agencv or
political subdivision thereof, or by the City or bV any public or
private corporation, or by any person whomsoeve~, or bv any combina-
tion of such owners. Any such repair or reolacement 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
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of any work to be performed within the area delineated on the map,
a written statement signed bv Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied by
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such public utili~y corporation within the Subdivision.
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Permits:
Compliance with Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reouired by
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law. Subdivider shall comply with ~ll provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
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said improvement, or have a competent foreman or Superintendent,
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satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection bv City, to all Darts of the
work, and to the shops wherein the- work is in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
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to City improvement security as follows:
(1) An amount equal to at least one hundred percent of the total
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estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the improvements and acts to be oerformed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An am.ount equal to at least twenty-five percent of the total
est~'mated cost of the improvements and acts to be performed as
security for the guarantee and warranty of the work for a period of
one (1) year following the completion and acceotance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino Municipal Code; and
the type shall be at the option of and subject to the aporoval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boardS, commissions, officers, agents and employees, rarwless
from any liability for damage or clair:ls foy' damage for personal injur.v,
including death, as lA/ell 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 or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arrees to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not" waive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Citv by Subdivider, or c.ny cf 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, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has orepared, supplied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or nut such insurance po11c;es shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shal 1 hav\~ obta ined all insurance requi red under th is oa ragranh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence \'lcrk 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 requirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durin9 the life of this agreement,
Workmen's Compensation Insurance for all Subdivider's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's employees, unless such emolovees
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
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 City for anv 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 Propertv Damage Insurance
Subdivider shall take out and maintain durinq the life of this
agreement such public liability and property damage insurance
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider and any contrac
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal injury, including death,
as well as from claims for property damage which may arise from
Subdivider's ot' any contractor's or subcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or by anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
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In an amount not ~ESS than $
'? r-~, c.' v
..-.;;. ~ c./; ooa iC",",,- for
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injuries, including, but not limited to, death, to any
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one oerson and, subject to the same limit for each
C;C""
person, in an amount not less than $ <S-OO, O~C) ~Z
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on account of any one occurrence;
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(2) Property Damage Insurance
In an amount not less than $
.y,( (;:'0
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for
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damage to the property of each person on account of any
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one occurY'en ce.
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In the event that any of the aforesaid insurance policies
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provided for in this Paragraph 12 insures any entity, nerson,
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board or commission other than those mentioned in this para-
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graph, such policy shall contain a standard form of cross-
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liability endorsement, insuring on such policy City, its
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elective and appointive boards, commissions, officers, agents
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and employees, Subdivider and any contractor or subco~tractor
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performing work covered bv this agreement.
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13. Evidence of Insurance
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Subdivider shall furni sh Ci tv concurrently wi th the executi on
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hereof, with satisfactory evidence of the insurance required, and
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evidence that each carrier is required to give City at least ten
days prior notice of the cancellation or reduction in coverage of
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any poli~y during the effective Deriod of this agreement.
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14. Title to Improvements
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Title to, and ownership of, all improvements constructed hereunder
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by Subdivider shall vest absolutely in Ci~y, upon completion and
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acceptance of such improvements by Ci~v.
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15. Repair or Reconstruction of Defective Work
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If, within a period of one year after final acceptance of the
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work performed under this agreement, any structure or nart of any
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structure furnished c.nd/or instal"!ed or constructed, or caused
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to be installed or constructed bv Subdivider, or anv of the work
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done under this agreement, fails to fulfill any of the reauirements
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of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without an,v cost to City, renair
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or replace or reconstruct any defective or otherwise unsat~sfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promptly or in accordance with this requirement, or
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shoul d the exi genci es of the Subdi vi d(:r car. be r:otifi ed, Cit,v may at
its option, make the necessarv repairs or replacements or perform
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the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
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16. Subdivider Not Agent of City
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Neither Subdivider nor any of Subdivider's agents or contractors
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are or shall be considered to be agpnts cf City in connection with
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the performance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engineering inspections and othE'r serv~ces connected with the Citv
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in regard to the subdivision. Said fees shall be paid prior to
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corrnnencing any construction.
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18. Notice of Breach and Default
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If Subdivider refuses or fails to obtain prosecution of the work,
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or any severable part thereof, with such diliqence as will insure
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its completion within the time specified, or any extensions thero~~
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assiqn l1ent for the benefit of Subdividerl s
creditors, or if a receiver should be appointed in the event of
Sl.lbdiviC:Er' 5 insolvency, or' if Subr.ivider, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of.this agreement, City Engineer or City
Council may serve vJritten notice uron Subdivider and Subdivider's
'surety of breach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnat}ce b.., Surety or City
In the event of any such notice, Subdividerls surety shall have
the duty to take OVf.=r and complete the \vork 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 perforrw;nce
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 c.t the expense of SubdividEr, and Subdivider1s
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, apoliances, 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 delivered
in person or sent by registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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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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2207
E.
(/ E/(/--fcAi T
/IN/f//&//'-1'/ c/f' /;?/".3C'
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Notices required to be given surety of Subdivider shall be addressed as
F /f,/? & /(f~ r /V/11 T /0 /'f/ -7' t.. ~ .4 N C'
f 0 11 ow s :
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,s:- .
PI c; t-l ,eo /9"
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100/L---
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Provided that any party or the surety mav chanqe such address bv notice in
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writing to the other party and thereafter notices shall be addressed and
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transmitted to the new address.
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IN WITi~ESS WHEREOF, the parties hereto have executed this aoreement on
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the day and vear first above written.
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ATTEST:
CITY DF SAN BER~ARnINO
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BV: ?~;~v-~r.-.-/ lIA{tj/
1,1 a vor . I',
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~P8I!/~~
';(ity Clerk
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SUBDIVI'1ER
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as to form:
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1IJ1ITu; I
ANo r~~RANC€
'I '17COR COAfP'INY
;uted in
Clnd the
(This area
for ofr '
llClal
llOtar'
lal seal)
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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 fictittous name, it must
be signed by all persons having an interest in the business, and the ficti-
5 tfous name must be signed also. The agreement must be notarized bv the
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Subd ivi der.
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