HomeMy WebLinkAbout1986-295
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RESOLUTION NO. 86-295
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
PARCEL MAP FOR SUBDIVISION PARCEL MAP 7323, LOCATED ON THE
NORTHWEST CORNER OF CENTRAL AVENUE AND ALLEN STREET, ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHOR-
IZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
BE IT RESOLVED BY THE ~1AYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council find that
proposed Subdivision Parcel Map 7323, located on the Northwest
corner of Central Avenue and Allen 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 Mayor of the Ci ty of San Bernardino is
authorized on behalf of said City to execute the standard form
of agreement adopted by Resol uti on No. 84-8 wi th Andrews
Construction Co. Inc., for the improvements in said
Subdivision Parcel as are required by T1~le 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 Drawing
Nos. 6324, 6323, 6322, and 6321, approved and on file in the
Office of the City Engineer of the City of San Bernardino.
SECTION 3: The Parcel Map of said Subdivision Parcel
is hereby approved and the City of San Bernardino hereby
accepts as public property all dedications within the
Subdivision as shown on said Parcel Maps for streets, alleys,
(including access rights), drainage and other public easements.
As a condition precident to approval of the Parcel Map, the
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Subdivider shall first execute the agreement referenced in
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Section 2 hereof for the improvements within said Subdivision.
The City Clerk shall certify the approval and acceptance of the
Mayor and Common Council as set forth in this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
regular
meeting thereof, held on
the
day of
21st
July
1986, by the
following vote to-wit:
AYES:
Council Members Estrada, Reilly, Hernand~
Marks, Quiel, Frazier, Strickler
NAYS:
ABSENT:
None
None
~V'/AZlA1~0
./ City C 1 e r k
The foregoing resolution is hereby approved this c<rt~
18 day of
July
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Approved as to form:
~~" J-ll~/z#t)
Ci ty Attorney
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A G R E E MEN T
(subdivision improvements)
THIS AGREEMENT is made and entered into this 6th
day of
August
, 1986, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Andrews Construction Co., Inc.
, hereinafter referred to as
"Subdivider".
R E C I TAL S :
--------
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Parcel Map #7323
"
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 perforrllance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Orqinance, 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'f" 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 d~; 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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24 Months
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 Enqineer ma," extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the suretv's liabilitv
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 destroved or damaged, and, Subdivider shall re-
nla~e or 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 any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or anv aqenc\f or
pol itical subdivision thereof, or by the City or by an\, publ ic or
private corporation, or by any person whomsoever, or bv any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and subject to the anproval, of the Citv Engineer.
Utility Denosits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
6.
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of any work to be performed within the area delineated on the maD,
a wri tten statemen t s i qned bv Subdi v i der, and each pub 1 i c uti 1 i tv
corporati0n involved, to the effect that Subdivider has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied by
such public utility cornorution within the Subdivision.
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Permits:
C omp 1 i an c e 'oJ i th Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessarv notices and pav all fees and taxes reouired bv . I
l~w. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Suoerintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said 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 cf the
work, and to the shoos wherein the work is in preoaration.
10. Contract Security
Concurrent1 y wi th the executi on hereof, S ubdi vi der she 11 furn i sh
to City imnrovement security as follows:
(1) An amount equal to at least one hundred Dercent of the total
estimated cost of the imorovement 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 least fiftv percent of the total estimated
cost of the improvements and acts to be performed 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.!mat.ed cost of the improvements 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 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 ~unicinal Code~ and
the type shall be at the option of and subject to the annroval of
the City Enqineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apoointive boards, commissions, officers, agents and employees, ranrless
from any liability for damage or claius foY' damage for personal injury,
includinq death, as '~/ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' operations under this agreement, whether such ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arrees to, and shall, defend City, and its
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ap~ointive 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 anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not,- v/aive anv 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 Cit,v by Subdivider, or eny 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 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 not such insurance policies 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
shall hav(~ obtained all insurance required under this paragranh and
such insurance shall have been approved ~v City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to corrmence \'/crk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved~ All re~uirements herein provided
shall ap~ear either in the body of the insurance policies or as endorse-
ments and shall specificallv 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 Subdivi~er's emolovees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloyeps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
C0mpr:ns~ticn Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City 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 during 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 aqreement
from claims for damages for personal iniurv, including death,
as well as from claims for nroperty dama~e which may arise from
SUb<.livider'~. Ot' any contractor's or subcontractor's operati ons
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anvone 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 Liability Insurance
2
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In an amount not ~€ss than $ lOO,OOO.xx
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
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$ 00
person, in an amount not less than. 300,OOO.xx
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on account of anyone occurrence;
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(2) Property Damage Insurance
In an amount not less than $
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50,OOO.xx
for
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damage to the property of each person on account of any
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one occurrenc.e.
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If; the event that any of the aforesaid insurance policies
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provided for in this Paragraph 12 insures any entity, oerson,
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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 cr0SS-
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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 0r subco~tractor
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performing work covered by this agreement.
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13. Evidence of Insurance
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Subdivider shall furni sh Ci ty concurrently \~i 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
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days prior notice of the cancellation or reduction in coverage of
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any pol icy 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
by Subdivider shall vest absolutely in City, upon completion and
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acceptance of such improvements by Citv.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
work oerformed under this agreement, any structure or nart of any
s trllctllre furn i !lhec: and/or ins ta 1 ~ ed or cons tructed, or ca used
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anv cost to City, renair
or replace or reconstruct anv defective or otherwise unsat~sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivid(:r can I-,e r.atified, Citv may a
its cpticn, make the necessary renairs 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 City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ~0pnts of City in connection with
the performance 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
engi neering inspections and otllE'r servi ces connected wi th the City
in regard to the subdivision.
Said fees shall be paid prior to
corrmencing any construction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such dilioence as will insure
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 adjud~jed a bankrupt, or Subdivider
should make a general ass;on rncnt for the lJenef; t of Subdi vider' s
creditors, or if a receiver should be appointed in the event of
Sl.lbdi\'ic:Er's insolvency, or if Sub(~ivicEr, 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 written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance h\f Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take ov(;r anc cOrT:nlete '(he vlOrk and the improvement
herein srecified; provided, however, that if the surety, within
five days after the serving uron if of such notice of breach,
does not give City written notice of its intention to take over
the performance of the contract, and does not commence perforlTl(';nc(
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 SubdividE-r, and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, anoliances, 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 by registered mail, postage prepaid.
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1 Notices required to be given to City shall be addressed as follows:
2 City Administrator, City Hall, 300 North UO" Street, San Bernardino,
3 Cal ifomia 92418.
4 Notices reauired to be given to Subdivider shall be addressed as follows:
5 6556 Caballero Blvd., Suite 200, Buena Park, CA 90620
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7 Notices required to be given surety of Subdivider shall be addressed as
8 follows:
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10 Provided t~at any party or the surety may change such address bv notice in
11 writing to the other party and thereafter notices shall be addressed 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.
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CI~F SAN BERNARn~~o
~ ../trw
By:. ./ ~;J / "f~, .,'
r Mayo ,
ATTEST:
kg /7t?/tibhL,
eity Clerk'
SUBOIVlflER
Andrews Construction Co., Inc.
By:
Aoproved as
/
~~_-e:~
" ke%s~ President
By:
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c~:7k~:::/ .~j~~~/
7"",,/ '~.;7;' /',.5-
/yA~ey ~Ckmon, Asst. Sec.
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INSTRUCT IONS
If the Subdivider ;s a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-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 Sub d i v i de r .
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STATE OF CALIFORNIA
COUNTY OF Orange
June 27, 1986
On
T~y A.
said State, personally appeared
Jeffrey Blackmon
Anrirl?M!=:
I
lss.
I
, before me, the undersigned, a Notary Public in and for
and
, personally known to me (or proved to me on tht.
basis of satisfactory evidence) to be the persons who executed the within instrument as
thp President and thp Asst
Construction Co., Inc.
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
N
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WITNESS 2geOffiCia' se~:
,.' /" (
Signature -- J/L <~--:t...'L" ~l
r
, \ \
-:2.'/ ,) ..'
/0( j{L{~
Secretary, on behalf of---AndreT'I1'S
....--~~
OFFICIAL SEAL
SANDRIA K WEST
NOTARY PUBLIC - CAUFORNIA
ORANGE COUNTY
My carom. expires NOV 6, 1987
(This area for official notarial seal)