HomeMy WebLinkAbout1987-098
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RESOLUTION NO. 87-98
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13390, LOCATED ON THE EAST
3 SIDE OF MERIDIAN AVENUE, 660 FEET SOUTH OF THE CENTERLINE OF
MILL STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
4 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
5 FOR PERFORMANCE SPECIFIED.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that
proposed Subdivision Tract No. 13390, located on the east
side of Meridian Avenue, 660 feet south of the centerline of
Mill Street, together with the provisions for its design and
improvements, is consistent with the General Plan of the City
of San Bernardino.
SECTION 2: The Mayer of the City of San Bernardino
is authorized on behalf of said City to execute the standard
form of agreement adopted by Resolution No. 84-8 with Darmor, a
California Partnership, 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. The time for
performance is specified at 24 months. Said improvements are
specifically described and shown on Drawings Nos. 7219, 7720 and
7721, 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
ereby approved and the City of San Bernardino hereby accepts
/13/87
s public property all dedications within the subdivision as
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hown on said Final Map for streets, alleys, (including access
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ights), drainage and other public easements.
As a condition
recedent to approval of the Final Map,
the Subdivider shall
11!first execute the agreement referenced in Section 2 hereof for
2 the improvements within said subdivision. The City Clerk shall
3 certify the approval and acceptance of the Mayor and Common
4 Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was
6 duly adopted by the Mayor and Common Council of the City of San
regular
7 Bernardino at an adiourned/ meeting thereof, held on the
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23rd day of
March
, 19~, by the following vote,
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AYES:
Cou nc i 1 Members Estrada, Reillv, Flores,
Maudsley. Ouiel, Strickler
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18 day of
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NAYS:
None
ABSENT:
Council Member Frazier
~~
./ City Clerk
The for ego i n 9 res 0 1 uti on i s hereby approved t his ~5+ L\
March
, 19 87 .
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c/Y{) --e<<--ty't.^"<./ / f LeP;Y
Mayor off the Cityf San Bernardino
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22 Approved as to form:
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/ iCZ~'1:J.-:t ,C , ty At tor n &"',?
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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 ~JAf day of
t7~ ' 19~, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
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FORECAST MORTGAGE CORPORATION
, hereinafter referred to as
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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-
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rlivision map (hereinafter called "map") entitled" rrrrlrr 111qn
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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,
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which map is hereby referred to and incorporated herein.
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Subdivider has requested approval of the map prior to the con-
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struction and completion of improvements, including all streets,
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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 dedi ca tions or some thereof, there; n
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 Ii 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 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
Ci ty hereby fi xes the time for the comp 1 eti on of sai d
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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; 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 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 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 renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
nla~e or ~ave rerlaced, 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 property be owned bv the Uni ted States or
any agency thereof, or the State of California, or any aqencv or
political subdivision thereof, or bv the City or by anv public or
private corporation, or bV any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or renlacement shall be to the
satisfaction, and suhject to the aoproval, of the City Engineer.
6. Utilitv 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
corpori"1t;e'n involved, to the effect that Suhdividrr 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 cornor()tic.n within the Subdivision.
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Permits:
C omp 1 i a n c e ''I 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 reouired bv
law. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;pal Code.
8. Superintendence 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 shoos wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider s~all furnish
to City imnrovement security as follows:
(1) An amount E0ual to at least one hundred Dercent of the total
estimated cost of the imnrovement and acts to be performed as
sec~ritv for the faithful performance of this agreement;
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(2) An amount equal to at le~~t fiftv 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-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est:mated cost of the improvements and acts to be nerfcirrned 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 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 Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apooin tive boards, commi ss ions, off; cers, agents and emp 1 ovees, I' clnrl ess
from any 1 iabil ity for damage or cl ains fay' damage for personal injurv,
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 eauity for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, It/aive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with City by Subdivider, or 2n~' 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 Gr' not City has oreoared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to any of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,:: Obtained all insurance required under this oaragranh and
such insurance shall have been aporoved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to corrmence vJcrk 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 reouirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
a. Compensation Insurance
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Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~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 enqaged 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 Propertv Damage Insurance
Subdivider shall take out and maintain durino the life of this
agreement such public liability and orooertv damaqe insurance
as shall insure City, its elective and anoointive boards, commis-
sions, officers, agents and employees, Subdivider and any contra<
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal iniurv, including rleat~,
as well as from claims for nroperty clamafle which may arise from
SUb(li\,'ider'~. Ot' any contractor's or subcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~~s:
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(1) Public Liah;lit~l!}surance
In an amount not ~€ss than $
100,000.00
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injuries, including, but not limited to, death, to any
one oerson and, subject to the same limi t for each
person, in an amount not less than S 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $
50,000.00
for
damage to the pronerty cf each nerson on account of any
one occurren ce.
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 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, Subdivider and any contractor 0r sulcortractor
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 poli~y during the effective Deriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements bV City.
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15. Repair or Reconstruction of Oefect;v~ vlor~
If, within a period of one year after final acceptance of the
work oerformed under thi s aqreeMent, any structure or Dart of "nv
strllctllre furni!';hec cLnd/or instal~ed or constructed, or cnused
to be installed or constructed by Subdivider, or anv of the work
done under this agreement, fails to fulfill anv of the reauirements
of this agreement or the specifications referred to here;r:, Sub-
di vi der s ha 11 wi thout delay and wi thout anv cas t to Ci tv, rena; r
or replace or reconstruct any defective or otherwise unstlt~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 ca~ ~e rotified, Citv may a
its opticn, make the necessarv repairs or replacements or oerform
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 Subdivider1s agents or contractors
are or shall be considered to be ~0pnts of City in connection with
the performance of Subdivider1s obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engineering inspections and ot'~(lr services rcnnected with the Citv
in regard to the subdivision.
Said fees shall be paid prior to
cOllll1enc;nq 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 dilioence as will insure
its comp 1 eti on wi th in the time spec; fi ed, or any extens i ons th~rof"
or fails to obtain completion of said work within such time, or if
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the Subdivider shoull! IH~ adjud~jed a bankrunt, or Subdivider
should nlilkc a generul nss;nnl1cnt for the lJenefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subdi,,;c:Er's insolvency, or if Sllh~iv;cc:r, or any of Subdivider's
contractors, subcontractors, agents or emplovees, 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 Agy'eement; PerfonnCiJ'ce fW Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take OVt;r anc cOIT:plete (he vJOrk and the improvcr.1ent
herein srecified; 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 perforTTl('mc(
t~ereof 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 S\.Ibdi"ic€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 corn-
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. 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 he given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North liD" 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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7365 Hellman AvpnllP
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Rancho Cucarnonqa, CA 91730
Notices required to be given surety of Subdivider shall be addressed as
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follows:
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orco
~JJh~t~~h~Ae9~gcrrue
I, Provided that any party or the surety mav c~ange such address bv notice in
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~^+;roc ~hall be addressed and
STATE OF CALIFORNIA
COUNTY OF San Bernardino
}ss.
On this 12 day of March
a Notary Public in and for said County and St t
a e, personally appeared
, 19--8.2., before me, the unaersigned
James P. Previti '
lent on
personally known to me (or proved to me . .
President. and James RO~'ki~sls of satIsfactory evidence) to be the
personally known to me (or proved to me on the basis of satisfactory evidence) to be th
Secretary of the corporation that executed the within instrument, e
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and
acknowledged to me that such corporation executed the same,
pursuant to its by laws, or a resolution of its Board of Directors.
WITNESS my hand and official seal.
Secretary
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0~ ~. fZ/r
/ otary signature /
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22 II Approved as to form:
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OFFICIAL SEAL
I3EVERL Y K. CAREY
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Comm Expires AlJg 24, 1990
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(This area for official seal)
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IN STRIlCT 10NS
If the Subdivider ;s a corporation, the agreement must be executed in
corporate name and signed by the President or a "ice-President a~d the
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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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