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HomeMy WebLinkAbout1988-461 ~ v' J r .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RESOLUTION NO. 88-461 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 13335, LOCATED ON THE EAST SIDE OF CENTRAL AVENUE, AND APPROXIMATELY 706 FEET SOUTH OF THE CENTERLINE OF HIGHLAND AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORI ZING 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 proposed Subdivision Tract No. 13335, located on the east side of Central Avenue, and approximately 706 feet south of the centerline of Highland Avenue, together with the provisions for its design and improvements is consistent with the General Plan of the City of San Bernardino. SECTION 2. The Mayor of the Ci ty of San Bernardino is authorized on behalf of said City to execute the standard form of agreement adopted by Resolution No. 84-8 with Hill-Williams Development Corporation, for the improvements in said subdivision tract as are required by Title 18 of the San Bernardino Municipal Code and the California Subdivision Map Act. Section 12(b) (1) of said Agreement is hereby amended to require public liabili ty insurance in an amount of not less than $250,000 per person and $500,000 per occurrence. The time for performance is specified at 24 months. Said improvements are specifically described and shown on Drawings approved and on file in the Office of the City Engineer of the City of San Bernardino. SECTION 3: The Final Map of said subdivision tract is 27 hereby approved and the City of San Bernardino hereby accepts as 28 public property all dedications within the subdivision as shown .. / r 13 14 15 16 17 18 19 20 21 22 23 24 25 2 28 11/16/88 1 on said Final Map for streets, alleys, (including access rights), 2 drainage and other public easements. As a condition precedent to 3 approval of the Final Map, the Subdivider shall first execute the 4 agreement referenced in Section 2 hereof for the improvements 5 within said subdivision. The City Clerk shall certify the 6 approval and acceptance of the Mayor and Cornmon Council as set 7 forth in this resolution. 8 I HEREBY CERTIFY that the foregoing resolution was duly 9 adopted by the Mayor and Cornmon Council of the City of San 10 Bernardino at a reqular meeting thereof, held on the 11 December , 1988, by the following vote, to- 5th day of 12 wit: AYES: Council Members Estrada, Reilly, Flores, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: Council Member Maudsley /~;- ',,0' / a./;,/ vk;J:.,?;h,;'~.i2/>/I/ .:~~~ g., City Clerk The foregoing resolution is hereby approved this /' c'-- / day of , 1988. December Approved as to form and legal content: o /'1 /i), ',' 11,",.1, .1 ' If ~""'h /z,"1-~ i/ f. ( . ..,.......... 'ty Attorney - ~ - 'I ... -lO.lOO " -'.'a.eOO PATTON STATE HOSftfTAL PATTON .STATE HOSPITAL R - I-'o.aoo )ATTDN STATE HOSPfTAL PA'M'OII STATE HOSPfTAL R-t-IO,IOO AVI. C-!A C-JA C-~ ~ ~ ~ 4Ii .. Y R- t R-' I ..-.._-~...- - , HWY. 'W ~ ------- R-' , - ~ I{<--/~-?; HW ... ... ... ... R- 3-; ..- .'~. 1 2 3 4 5 6 7 8 9 I , 10 , ), I' II 1 l II 12 , 13 I 14 j i j 15 I 16 17 18 19 20 21 22 23 24 25 26 27 28 :;r-1& ( " . . A G R E E MEN T --------- (subdivision improvements) THIS AGREEMENT is made and entered into this ~ day of ~~ . 198f. by and between the CITY OF SAN 8ERNARDINO a municipal corporation, hereinafter referred to as "City", and Hill Hilliams Development Corp. Summer Hind, a California Limited Partnership, hereinafter referred to as "Subdivider". R E C I TAL S : -------- Subdivider has presented to City for approval a final sub- riivision map (hereinafter called "map") entitled II Tract 13335 II The map has been filed with the City for presentation to tne 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, includinq 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. ) . '... i. " . . 2 This agreement 1S executed pursuant to the provisions of the Sub- II division Map Act of the State of California and Title 18 San Bernardino III r~un i ci pa 1 Code. II NOll, THEREFORE, for and in consideration of the approval of the II Ii II lIlap and of the acceptance of the dedications or some thereof, therein jI II offered. and in order to insure sa ti s factory perfo nnance by Subdi vi der II of Subdivider's obligations under said Subdivision ~1ap Act and said II Ordinance, the parties agree as follows: I, II 1. Perfonnance of ~Jork 3 4 5 6 7 8 9 10 1 I Subdivider will do and perform, or cause to be done and 12 performed, at Subdivider's own expense, in .1 good and 13 !i II II I ~ ,I il Ii il !I .f II I' II ,I II I: II :, 2. ~ork: Places and Grades to be Fixed by Engineer All of said work is to be done at the place5, of the workmanlike manner, and furnish all required materials, 14 all to the satisfaction of the City Enq;nee~ of City the work and irr.provements within (and/or wi'~hout) the 15 16 subdivision to complete the improvements in accordance 17 with the plans and specifications on file a~; hereinbefore 18 specified, or with any changes required or ,)rdered by said 19 Engineer, which in his opinion are necessary or required 20 to complete the work. 21 22 23 materials, in the manner, and at the grades~ all as 24 ;1 ii " i' ,I II I I I II '\ I City hereby fixes the time for the completion of said shown upon the plans and specifications therefor, here- 25 tofore approved by City Engineer and which ~re now on 26 file in his office, and to the satisfaction of said City 27 Engineer. 28 3. Work: Time for Commencement and Performance . ,,, t 2 3 4 5 6 7 8 9 10 I I I 11 II 12 :1 13 II 14 II 15 16 17 II 18 I 19 I I 20 I 21 22 23 24 II 25 II 26 27 ,I 28 II II II , 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 shO'.A/n therefor, the City Enl'1;neer mav extend the time for com~letion of the imnrovements hereunder. Anv such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liabilitv on the bond to secure the faithful nerformance of t~;s agreement. The City Engineer shall be the sole and final iudae as to w~ether or not good cause has been shown to entitle Subdivider to an exten- slone 5. Repairs and Replacements Subdivider shall replace, or have renlaced, or rena;r, or have repaired, as the case may be, all nioes and monuments showr. on the map which have been destroyed or dama~ed, and Subdivider shall re- n1~~e cr bave renlaced, repair, or have repaired, as the case mav be, or Day to the owner, the entire cost of re~lac€ment or repairs, of any and all property damaged or destroved hv reason of anv work done hereunder, 'I/hether such oronertv be owned bv the Uni ted Sta tes or an.v agency thereof, or the State of California, or any a~enc" or political subdivision thereof, or by the City or by any pUblic or private corporation, or bV any person whomsoever, or hy any combina- tion of such owners. Any such re~a;r or renlacement shall ~e to the satisfaction, and suhject to the anrroval, of the City Engineer. 6. 'Jtility Denos;ts - Statement Subdivider shall file with the City Clerk, prior to the commencement 2 1 4 5 6 7 8 9 I I i II II 'I " /I I 10 11 12 13 i I I ! :1 14 15 16 17 18 19 20 21 22 23 II II I 24 25 26 27 I I ,\ I I 28 , . , of any work to be performed within the area dp.lineated on the man, a written statement s;qned bv Subdivider, and p.ach nublic utility corpor~ti(fl involved, to the effect that Suhrlivi~~~ 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 cornoraticn within the Subdivision. ., . . Permi ts: Comp 1 i ance ''Ii 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 reou;red bv law. Subdivider shall comn1v 'Nith all nrovisions of the Subd;vi.. sion ~ap Act and Title 18 San Bernardino ~unicioal Code. 8. Suoerintendence hy Subdivider Subdivider shall 9;ve personal suoerintendence 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 proner facilities and nrovide safe ctccess for inspection hv City, to all Darts r.f the work, and to the shons wherein the work is in preDaration. 10. Contract Security Concurrently with the execution hereof, Subdivider st,a11 furnish to City imnrovement security as follows: (1) ~n amount E~ual t~ at least one hundred oercent of the total estimated cost of the imnrovement and acts to be performed as sec'Ari~y for the faithful perfomance of this agreement; . , II I 2 !I I, :\ '! I " 4 :1 I 5 II :1 01 Ii 6 ;1 'I II 7 .: II 8 II II II 9 'I !' :1 10 !i 'I ;. 11 12 l~ 14 15 il 16 I. I' ;1 ,( 17 il Ii 'I 18 II ,I 19 II I! 20 II 21 r 22 I 23 ! 24 Ii II 25 I I 26 I 27 I I 28 I I (2) An amount equal to at lea~t fifty nercent of the total estimated cost of the i~nrovements and acts to be nerformpd as security for the nayrnent of all r;ersons oerform;nq labor' and furrist1ir1Cl (1;Jtpr- ials in connection with this aqreement; and (3) An amount enual to at least tv/enty-fi'/e cercent of the total est:mated cost of the imnrovements and acts to he nerfc-rrred cS security for the quarantee and warranty of the work for a oeriod of one (1) year followinq the completion and acceotance thereof against any defective work or lal)or done, or defective materials furnished. As a part of the obligation guaranteed bv the s~curitv and in add- ition to the face amount of the security, ther~ shall be incluoed costs and reasonable expenses and fees, includinq reasonablp attorneys' fees incurred bv City in successfully enforcin9 the obligation secured. The tvre of security furnished s1a11 be in thp. form of bonds, deoosits or letters of credit as nrovided in Title 18 San Bernardino ~unicinal Code; and the tvre shall he at the ontion of and suh;p.ct to the annroval of the City Enqineer and the City Attorney. Hold Harmless Agreement Subdivider hereby aqrees to, and shall, hold Citv, its elective and apoointive boards, commissions, officers, agents and efilplovees, \'clrr.less from any liability for damage or clai~ls for damaqe for personal injury, incl"dinq death, as "/ell dS from claims for orotJertv damage which may arise from Subdivider's or Suhdivider's contractors', suhcontractors', aqents' or emplo.yees' onerations under this agreement, whether such onerations be by Subdivider or bv any of Subdivider's contractors, subcontractors, or by and one or more persons directly or indirectly emnloved by, or acting as agent for, Subdivider or any of Subdivider's contractors or I. ,I subcontractors. Subdivider ar.ree~ to, and shall, defend City, and its - 5 - 2 I 4 I 5 II II 6 I 7 I 8 I I 9 II 10 I' \1 'I I I I, :i ;i 12 II 'I !, I: 13 ii 14 II I' 15 II 'I I: II 16 Ii '\ 17 !i !I Ii 18 II ii Ii 19 20 21 i: 22 i! 'I 2.1 I: 24 25 26 27 i I: ; t, I' 28 r ~ 4 . apnointive boards, commissions, officers, a~ents dnd emoloyees from any suits or actions at law or in eauity for damages caused, or alleged to have bee" caused, bv reason of any of 7he aforesai(~ operatirns, provided as follows: a. That Citv does not, and shall not, waive any rights asainst Subdivider which it may have bV reason of the aforesaid hold hannless agreement, because of the acceptance bv City, or the deposit with Citv by Subdivider, or ?nV cf the insurance Dolicie described in Paragraph 12 hereof. b. That the aforesaid hold harmless a~reement bv Subdivider sr.all apply to all damages and claims for da~aqes of every kind suffAred, or alleqed to have been suffererl, bv re3S0n of any of the aforesaid operations referred to in this paraqraoh, regardless of whether Cl" r:ot Citv has nrenared, supnlird or arproved of, nlans and/or snecifications for the subdivision, or r-egarcless of \I/hether or not such insurance pol )cies shall have been determined to be applicable to any of such damages or claims for damages. 12. Subdivider's Insurance Subdivider shall not comr,1ence work under this aoreement until Suhdivider shall hav,: obtained all insurance reouired under this oaragranh and such insurance shall have been aporoved ~v City Attornev as to form, amount and carrier, nor shall rubdivider allow any contractor or Suh- contractor to COlT111ence \':crk en his contract or suhcontract until all similar insurance required of ~he contractor or subcontractor shall have been so obtained and approved. All reouirements herein provide~ shall ao~ear either in the body of the insurance policies or as endorsp.- ments and shall specificallv bind the insurance carrier. 2 J 4 5 .. I 6 I 7 8 9 10 I t t 2 13 14 ,I 15 16 d 17 ,I !I 18 i II) 20 21 22 21 24 25 " r. ...d 27 28 '" . . a. Compensation Insurance Subdivider shall maintain, durinq the life of this aqreement, Workmen's Compensation Insurance for all Suhdivi~erls emnlovees employed at the site of imorovement, and in case anv \'/ork is sublet, Subdivider shall reouire any contractor or subcontractor similarly to provide Workmen's Comoensation Insurance for all contractor's or subcontractor's emnloveps, unless such ew.olovees are covered by the protection afforded hv Subdivider. In case any class of employees engaged in work under this agree~ent at the site of the project is not protect~d unrier any 'Aorkmen's C.:-.mor:nsitticn Lay}, Subdi'/ider sholl rrcvide and shall cause each contractor and subcontractor to ~rovide, adeouate insurance for the orotection of employees not otherwise nrotected. Suhdivider shall indemnify City for any damage resultinq 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 durino the life of this agreement such public liability and nrODerty danaoe insurance as s h a 11 ins u r e C i t y, ; t s e 1 e c t; v e and "n n (1 i n t ; v P. h 0 a r d s, co mm ; s . sions, officers, agents and emoloyees, Subdivider Gr.d ~r.v contra( tor or subcontractor performing work covered by this aqre~ment fro~ claims for damaqes for oersonal iniurv, includin9 rleat~, as 1,'Iell as from claims for nrnrJf:rtv clamal1e which may arise froPl SUbtlivider'~, or' Gny contractor's or S:.Jhcontractorl s operati ons hereunder, whether such operatior.s he bv Suhdivider or any contractor or subcontractor, or hv anyone directly or indirectly employed bv e; ther Subdivider or any contractor os suhcontractor, and the amounts of such insurance shall be as fol1oNs: .." . i '2 I I, !I :1 I: 4 II II 5 I i : 6 7 8 9 Ii ;i 10 I, iI 1 I I'" i! .... 13 " 'I 'I 14 II :1 15 II 16 I j ! 7 .! I' I 18 II 11 i9 .i :1 20 il " ;! 21 22 23 24 25 26 27 28 !: I I' ,I , (1) Publi~LidhiJll.~~5uransp. In an amount not ~(SS than ~ 250,000.00 for injuries, includinq, but not 1 ifTlited to, C~dti-), to drv one oerson and, subip.ct to the san~ limit for each nerson, in an amount not less than $500,000.00 on account of anv one occurrence; (2) Property ~amage Insurance In an amount not less than $50,000.00 for dama~e to the Dronerty cf each nerson on account of any one occurt.enC2. I~ the event that any of the aforesaid insurance policies provided for in this Paraqrach 12 insure5 anv ~ntitv, oerson, board or commission other than those mentioned in this nara- granh, such pol icv shall contain a st~nd?rd form of cr0SS- 1ic.bility endorsernent, insuring on such policv City, its elective and aopointive boards, commissions, officers, agents and employees, Suhdivider and any contractor 0r s~~c0rtractor performinq work covered hv this d0reement. 13. Evidence of Insurance Subdivirler shull f'~rni sh C; tv concurrent1v 1..1i th the execution hereof, with satisfactory evidence of the insurance reouired, and evidence that each carrier is required to qive City at least ten days orior notice of the cJncel1ation or reduction in coverage of any policy durinq the effective ~eriod of this agreement. 14. Title to Imorovements Title to, and O'\-Inershin of, all imnrovements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and accertance of such improvements by r.itv. . ~ . . 2 !I I, 4 5 6 7 8 l) 10 t 1 12 13 14 15 16 17 il I I 18 ! j II) 20 21 I, , I 22 I 'I 2J ,I 24 2.1 ~5 27 28 ~ 15. Repair or Reconstruction of 0efective Wor~ If, within a period of one '1eAr after final occertl'nce of the 'rl()(K oer.~r~rj l.Jr.(~er this aareeriAnt, an'! s~p;\.-t.~re or !1l1r't 0~ .'l'~'.' str\lct\lre fllrn;~heC: C'.nd/or ;nsta1:rd cr constructed. or C<1usro to be installed or constructed by Subdivider, or any of the work done under this agreement, fails to fulfill any of the reouirements of this agreement or the specifications referred to here;r:, Sut- divider shall without delay and without any cost to City, renair or replace or reconstruct anv defective or other~ise un~~~:sfact- ory part or Darts of the work or structurp. Should Suhdivider fail to act pro~ntly or in accorrlance wi~h t~is re~uirement, or should the exiqencies of the Suhdivid,:r car, foe retified, Citv may a its (oticn, make the necessarv renairs or replacements or oerform the necessarv work and Subdivider shall n2V to City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not A,gent of City Neither Subdivider nor any of SUQdivider's a0ents or contractors are or shall be considered to he (;(~pnts cf" Ci~v in connection ",lith the oerformance of Subdivider's ohliqations under this agreement. 17 . Cas t -.0_J_n-1.i n e_~i n'J iln dIns rec ti on Subdivider shall pay to City the costs of all rermit fees for all eng; neerinq ;nsnections and ot':~r ~erv~ ce~ rcnnected wi th the Ci tv in reqard to the ~ubdivision. Said fees $hol1 be paid Drior tc conmencinq any construction. 18. Notice of Breach an~ De7ault If Subdivider refuses or fails to obtain nrosecution of thp. work. or any severable Dart thereof, with such dilioence as will insure its completion within the time specifie~, or anv extensions th~ro~ J or fails to obtain comoletion of said work within such time, or if , .. . ~ the Suhdivider should \If' <ldjud(Jcd d bdnkrullt, or Subdivider should nlllkc J gener111 ~<;sif1n 'Tlcnt for the Lt'l1cfi t of Subdivider' s creditors, or if a receiver should ~)e Jnrointed ;n the event of Sllbd~\';c:(rI5 insolvenc,v, or i f S'\I((~~\'ic(r t (It' any of Subdivider's contractors) subcontractors ,ilgents or er.,r10v2es) should violate any of the rrovisions of this agt'replcnt, City Engineer or C1tV Council nay serve vlritten notice IJf'lOn Subdivider and Subdivicer's 'surety of breach of this agreement, or of any or.rtic,n thereof, and default of Subdivider. 19 Breach of ACJree~ent: Perfon-n~nce h\/ Surety or Citv I r1 the e v ~ n t 0 f 3 n Y s Ll C h not ice) S U l d i vir ,-~ r 's ) U l~-? ': 'I S h.3 11 ita v e the duty to take OVt;r ar~C: ccrrrle:::.= (he \lorl (~nd th~ ir~rovcr;ent herein specified; provided, however, that if the suretv, within five days after the servin0 uron if of such notice of hreach, doe s not g; ve City w r i t t l n not ice 0 fit sin tell t ion t. 0 t a k e 0 v e r the performance of the contract, and does not comrr,ence rerforn\;;ncc t~ereof within five days after notice to City of such election, City may take over the work and nrosecute the same to completion, by contract or by any other method Citv may deeM advisable, for the account and ?t the exrense of S,lbdh'ic'E:r, and Subdividrr' s surety shull be liable to City for anv excess cost or damages occasioned City thereby; and, in such event, City, without liabi- litv for ~o do;n~, may to~e rosse5sio~ of, and utilize in co~- pleting thc work, such wateria1s, annliancps, nlant and other property belon~ing to Subdivider as may be on the site of the work and necessary therefor. 20. Notices All notices herein required shall be in writ;n0, and delivered in person or sent bv rC9istered mail, posta1e prepaid. ..' , \ \ " . 2 !I Notices re<1u;red to he CJiven to Cit'! sha11 be addressed as fOllows: !l II Citv Administrator, City Hall, 300 ~lorth "[)" Street) San Bernardino, ,I il Cal ifomia 92418. Ii 'I ii Notices r~ouired to be given to Subdi'/ider shall be Jddressed as follo~vs: ;! + 5 5500 East Santa Ana Canyon Road, Suite 251 6 'I II 'I Ii Notices required to be given surety of Subdivider shall be addressed as ii Ii II Anaheim, California 92807 7 8 f 011 ow s : l) 10 Pro vie e.j tr, a t ~ n y r ~ r t'/ 0 r t ~ e S lJ r 0. t '/ ~ 3'1 C j1 an q e s 'J c h .1 d j r (; S s b '/ not ice ; n 11 '~ritin<1 to the othpf r3rtv ann thereafter notices shall te3Gdressed and 12 transmitted to the new address. 13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on 14 the day and year first above written. 15 lk CITY OF SAN BER~~RnINO () /'\""' Q) Q. at (;) STATE OF CALIFORNIA COUNTY OF Orange _~_jss. . WTC WORLD TITLE COMPANY c .2 iii R o u ~ () 0( On ti:>verrt>er 16. 1988 . the undersigned, a Notary Public i nd for i cbefore me, State, personally appeared DonajJ H. wiiii.ty j~ personally known to me ' · _to be the and FOR NOTARY SEAL OR STAMP President, , personally known to meXM th to be e person who executed the within instrument as corporat~on ther:;n named, and aCkn~:~~a~ ~~ ~:half of the corporation executed the within instrum2nt pursuat~tt~u~: bYlaWSO(3Z~itS boarx~ S.gnatur ~ V. :******...*......**.*......... :@._.O....'I('IAI.SUI.: : ..... LINDA D. ORYSOL : . .... NOTARY PUBLIC-CALIFORNIA . : ...' ORANGE COUNTY : . My C.mm. Exp. May. 29. 1990 . ..***..*********.******.*.***: Q) Q. at q; WTC 063 1. I INSTRIJr:T I0NS 2H If the Subdivider is a corpcration, the a9reement must be executerl in the corporate name and c;ianpej hv thp Prp"irlpnt or a \';r.p-Prp~irlpnt ;,r.rl thp . ,. ~ . . 1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the 2 Subdivider is a partnership, it ~ust he si0ned bv all nartners. If the 3 Subdivider is an individual doing business under a fictitious narre, it trust 4 be signed by all nersons having an interest in the business, and the ficti- I ~) II . Ii 61 -,I , I RI g!1 10 I 11 12 13 14 15 16 17 18 19 20 21 I 221 23 26 27 28 tious nal-;'.e must be signed also. The 3qreement r:'ust be rot3riz2d b'/ the Sub d i v i de r . 1 ?