HomeMy WebLinkAbout1985-099
II
1
,i
"
'i
';
i RESOLUTION NO. 85-99
:j
.'
i~ RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
iPARCEL MAP FOR SUBDIVISION PARCEL MAP NO. 5318, LOCATED AT THE
I OUTHEAST CORNER OF 1-215 AND UNIVERSITY PARKWAY, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
liEXECUTION OF THE STANDARD FORM OF AGREEMENT, AND ADDENDUM THERETO,
iJF 0 R THE IMP R 0 V E MEN T SIN S A IDS U B D I V I S ION, WITH TI M E FOR PER FOR M-
'ANCE SPECIFIED.
i BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
!PF SAN BERNARDINO AS FOLLOWS:
Ii
ij SECTION 1: The Mayor and Common Council find that the
I'
ilproposed Subdivision Parcel Map No. 5318, located at the Southeast
I~orner of 1-215 and University Parkway, together with the pro-
~isions for its design and improvements, is consistent with the
eneral Plan of the City of San Bernardino.
2
3
4
5
6
7
8
9
10
11
12
SECTION 2: The Mayor of the City of San Bernardino is
13
uthorized on behalf of said City to execute the standard form of
greement adopted by Resolution No. 84-8 with College Parkway
14
15
evelopment Associates for the improvements in said subdivison
16
ract as are required by Title IB of the San Bernardino Municipal
17
ode and the California, Subdivision Map Act. The time for per-
18
ormance, as set forth in addendum to agreement, is specified at 6
19
onths. Said improvem~nts are specifically described and shown on
I
!~rawing Nos. 6632, 6630 and 6631 approved and on file in the
Ipffice of the City Engineer of the City of San Bernardino.
II SECTION 3. The fi na 1 map of sai d subdi vi si on tract is
I '
'hereby approved and the City of San Bernardino hereby accepts as
20
21
22
23
24
rUblic property all dedications within the subdivision as shown on
faid final map for streets, alleys, (including access rights),
I~rainage and other public easements. As a condition precedent to
irpproval of the final map, the Subdivider shall first execute the
i
,
25
26
27
28
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
27
28
agreement referenced in 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 Counci 1 of the Ci ty of San
Bernardino at an adiourned reqular meeting thereof, held on the
7th day of Harch , 1985, by the following vote, to-
wi t:
Council Members
Castaneda, Reillv, Hernandez,
AYES:
Marlts. Ouiel. Frazier, Str~ckler
NAYS:
ABSENT:
None
None
/"#tff:~r@d
The foregoing resolution is hereby approved this /~cAC
M?lrr.h , 19B5.
day of
I
Approved as to form:
o
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
27
28
(/C.',j
,~ /
r
A G !!.~~!g.~l
(Parcel Map Improvements)
T~IS AGREEMENT is made and entered into this ~9c<AC day
\.
of 'l)l~ , 19~by and between the CITY OF SAN BERNARDINO
,
a municipal cor oration, hereinafter referred to as "City," and
, herei nafter referred to as "Subdi vi der."
R E C I TAL S:
--------
Subdivider has presented to the City Engineer for approval
Parcel Map No.
(hereinafter called "map") Pursuant to con-
ditions of approval for Minor Subdivision No.
Paroe1 Map No. 5318
The 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 parcel map (hereinafter called
"subdi vi s ion") des i gnated in the map, a 11 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.
The Subdivider must first enter into and execute this agreement
with City before the City Engineer approves the map and accepts the
dedications therein offered.
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
27
28
Thi~ 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 sati s factory perfonllance by Subdi vi der
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
-2-
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
27
28
work to be within 24- Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, tha
in the event good cause is shown therefor, the City
Engineer may 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 performanc
of this agreement. The City Engineer shall be the S~lE
and final judge as to whether or not good cause has bee,
shown to entitle Subdivider to an extension.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair,
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 replace or have re-
placed, 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
by reason of any work done hereunder, whether such
property be owned by the United States or any agency
thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by
any public or private corporation, or by any person
whomsoever, or by any combination of such owners. Any
such repair or replacement shall be to the satisfaction,
-3-
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
27
28
and subject to the approval. of the City Engineer.
6, Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the
area delineated on the map, a written statement signed
by Subdivider, and each public utility corporation in-
volved, to the effect that.Subdiv'ider has made all
deposits legally required by suth public utility corporation
for the connection of any and all public utilities to be
supplied by such public utility corporation with in the
subdivision.
7, Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all
necessary permits and )icenses for the construction of
suchimprovemen ts, gi ve all necessa ry noti ces and pay
all fees and taxes required by law. Subdivider shall
comply with all provisions of the Subdivision Map Act
and Title 18 San Bernardino Municipal Code.
8, Superintendence by Subdi vi der
Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman
or Superi n tenden t, sa ti s factory 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 by .City, to all
parts of the work, and to the shops wherein the work
-4-
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
27
28
is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(1) An amount equal to at lease one hundred percent
of the total estimated cost of the improvements and
acts to be performed as security fOr the faithful
performance of this agreement;
(2) An amount equal to at least fifty 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 f~rnishing materials
in connection with this agreement; and
(3) An amount equal to at least twenty-five percent
of the total estimated 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 acceptance thereof against
any defective work or labor done, or defective materials
furnished. As a part of the obligation guaranteed by
the security and in addition 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.
-5-
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
27
28
and the type shall be at the option of and subject
to the approval of the City Engineer and the City
Attorney.
11. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers,
agents and employees, harmless from any liability for
damage, or claims for damage for personal injury, inclu
ding death, as well as from claims for property damage
which may arise from Subdivider's or Subdivider's con-
tractors', subcontractors', agents' or employees'
operations under this agreement, whether such operatio S
be .by Subdivider or by any of Subdivider's contractors
subcontractors, or by anyone or more persons directly
or indirectly emp~oyed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subco -
tractors. Subdivider agrees to, and shall, defend
City, and its elective and appointive boards, commissi n ,
officers, agents and employees from any suits or actio ~
at law or in equity for damages caused, or alleged to
have been caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, waive any right
against Subdivider which it may have by reason of
the aforesaid hold harmless agreement, because of
of the acceptance by City, or the deposit with Cit
by Subdivider, of .any of the insurance policies
described in Paragraph 12 hereof.
~6-
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
27
28
b. That the aforesaid hold harmless agreement by Sub-
divider shall apIly to all damages and claims for
damages of every kind suffered, or alleged to
have been suffered, by reason of any of the afore-
said operations referred to in this paragraph, re-
gardless of whether or.not City has prepared,
supplied or approved of, plans and/or specification
for the subdivision, or regardless of whether or
not such insurance policies shall have been deter-
mined 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 have obtained all insurance
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount
and carrier, nor shall Subdivider allow any contractor
or subcontractor to commence work on his contract or
subcontract until 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 endorsements and shall specifically bind the insur-
ance carrier.
a. Compensation Insurance
Subdivider shall maintain, during the life of this
,
agreement, Workmen's Compensation Insurance for all
Subdivider's employees employed at the site of im-
-7-
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
27
28
provement, and in case any work is sublet, Subdivid
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insuran ~
for all contractor's or subcontractor's employees,
unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at the
site of the project'is not protected under any
Workmen's Compensation law, Subdivider shall provid
and shall cause each contractor and subcontractor t
.1
P Dvide, adequate insurance for the protection of
employees not otherwise protected. 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 insuranc
b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the Ii 'b
of this agreement such public liability and property
damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreement
from claims for damages for personal injury, inclu-
ding death, as well as from claims for property
damage which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder
whether such operations be by Subdivider or any
contractor or SUbcontractor, or by anyone directly
-8-
.
"
-,
~ .
1
2
3
4
S
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
or indirectly employed by either Subdivider or allY
contractor or subcontractor, and the amounts of ~uc
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $100.000.00 fox
injuries, including, but not limited to, death
to anyone person and, subject to the same
limit for each person, in an amount not less
.
than $300.000.00
occurrence:
(2) Property Damage Insurance
In an amount not less than $ 50.000.00 for
damage to the property of each person on accou
of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such policy shal
contain a standard form of cross-liability endorse
on account of anyone
ment, insuring on such policy City, its electi~e
and appointive boards, commissions, officers, ago:mt
and employees, Subdivider and any contractor or sub~
contractor performing work covered by this agreffinen .
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of the
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
-9-
1
2
3
4
5
6
7
8
9
10
n
12
13
14
15
16
17
18
.; 19
20
21
22
23
24
25
26
27
28
of the cancellation or reduction in coverage of any
policy during the effective period of this agreemeilt..
l~. 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 by
City.
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance
of the work performed under this agreement, any structlL (J
or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed Y
Subdivider, or any of the work done under this agree~en ,
fails to fulfill any of the requirements of this agree-
ment;: or the specifications referred to herein, Subdivide
shall without delay and without any cost to City, repair
or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structur8.
Should Subdivider fail to act promptly or in accordanc
with this requirement, or should the exigencies of the
Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perform
the necessary work and Subdivider shall pay to City th
actual cost of such repairs plus fifteen percent (15%'.
16. subdivider Not Agent of City
Neither Subdvider nor any of Subdivider's agents or con
tractors are or shall be considered to be agents of Ci
in connection with the performance of Subdivider's obl'
-10-
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
27
28
gations 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 other services
connected with the City in regard to the subdivision.
Said fees shall be paid prior to commencing any con-
struction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of
, the work, 0 I any severable part thereof, with such
diligence as will insure its completion within the time
specified, or any extensions thereof, or fails to obtai
,
completion of said work within such time, or if the
Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assignment for the benefit of
Subdivider's creditors, or if a receiver should be
appointed in the event of Subdivider's insolvency, or i
Subdivider, or any of Subdivider's contractors, 5ubcon-
tractors, agents or employees, should violate any of th
provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Su -
divider's surety of breach of this agreement, or of any
portion thereof, and default of Subdivider.
19. Breach of Agreement: Performance by Surety or City
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the work
and the improvement herein specified; provided, however,
that if the surety, within five days after the serving
-11-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15 ;,
16
17
18
.' 19
20
21
22
23'
24
2S
26
27
28
upon it of such notice of breach, does ITOt give Ci.ty
written notice of its intention to take over the perfor
mance of the coritract, and does not commence perform~nc
thereof within five days after notice to City of such
election, City may take over the work and prosecute th~
same to completion, by contract or by any other method
City may deem advisable, for the account and at the
expense of Subdivider, and Subdivider's surety shall be
liable to City for any excess cost or damages occasione.
City thereby; and, in such event, City, without liabili ~
for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, 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 de
livered in person or sent by registered mail, postage
prepaid.
,
No~ices required to be given to City~hall be addressed
as follows: City Administrator, City Hall, 300 North
"D" Street, San Bernardino, California 924l8.
Notices required to be given to Subdivider shall be
yaddressed as follows:Colle~e Parkway Development Assocla~ s
445 West 7th St. San Pedro. CA 90731
Notices required to be given surety of Subdivider shall
\/ be addressed as follows:
Provided that any party or the surety may change such
-12-
..
"'
..
:t
..
i
=
~
1
address by notice in writing to the other party and
2
3
thereafter notices shall be addressed and transmitted
to the new address.
4
IN WITNESS WHEREOF, the parties hereto have executed thls
19r
6
B
)
,
ement on the day and year first above written.
10
11
oved as to form:
Attorney
15
16
1~
I
CAT. NO. NN00630
j TO 21946 CA (1-83)
(Partnership)
t
CITY OF
SUBDIVIDER
V B~~1:t ~~~artner
'/ B1,.r~k Tra:;-: 'G~e'r:l "~tner ;
College Parkway Development Associ t s
445 West 7th St. San Pedro, ~A_20 3
t be
t
l'
STATE OF CALIFORNIA
COUNTY OF Los Angeles
. TICOR TiTlE INSURANCE
} ss.
!
I
,
On l/4/85
said State, personally appeared
'I.' ct
:....10:::
before me, the undersigned, a Notary Public in and for
Frank V. Trani and Nels Ostrem
, it.
. personally known to me or
proved to me on the basis of satisfactory evidence to be
the person S ho executed the within instrument as
of the partners of the partnership
that execu d the in instrument, and acknowledged
to me that uch pa hip executed the same.
WITNESS y hand a fficial seal,
1
Signature
1 i
liv..dual
!
{ all
OFFIC'AL SEAL
C,BRENNAN
NOTARY p'JbL'(:-CALlFORNJA
rR",'~PAL OFFICE IN '
L05 ANGELES COUNTY
My Commission Expires Mar. 23. 1987
:Jus
by che
(This area for official notarial seal)
-13-
DESCRIPTlDN DF DPERATlDNSllOCAnoNSIVEH'ClES RE: Parcel map no. 5318 San Bernardino, CA.
City's Engineer, Officials, Directors, Officers, Agents, & Employees are
as additional insured, but only while acting in their capacity as such & only
respects operations of the original named insureds, their contractors subcon-
tractors, su liers of an one directl or indirectl em 10 ed b an of them 0
a~li\lilfilttl~rsh'dilw~ oJ{t/O",b61i5i1e~ ~ci~ancelled befDre the expiratiDn date thereof, the issuing company will
endeavDr to mall 30 days written notice to the below named certificate holder ,JlilAlf~IIlI"lUtil_~_llII~oll.
~_:l6)CIlfo1IIllllI:lli~IlI~lIIi~~,
NA.ME AND ADDRESS OF CERTIFICATE HOLDER
DATE'SSUED, Februar
20 19
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
1
ADDENDUM TO AGREEMENT
2
FOR PARCEL MAP IMPROVEMENTS
3
THIS ADDENDUM is attached as Exhibit "A" and is an amendment
4
to the Agreement
I
17:JAU<JL ,(-5
for Parcel Map Improvements dated
5
, 1985, by and between the CITY OF SAN BERNARDINO,
6
a municipal corporation, hereinafter referred to as "City", and
7
COLLEGE PARKWAY DEVELOPMENT ASSOCIATES, hereinafter referred to as
8
"Subdivider" .
9
The parties agree as follows:
10
A. Page 2, paragraph 3 of the Agreement is amended to read
11 as follows:
12
"3. Work: Time for Commencement and Performance.
13 City hereby fixes the time for the completion of said work to
14 be six months from the date hereof."
15
B. Page 3, paragraph 4 of the Agreement is amended to read
16 as follows:
17
"4. Time of Essence - Extension.
18 Time is of the essence of this agreement; provided, that in
19 the event good cause is shown therefor, the City En~ineer may
20 extend the time for completion of the improvements hereunder. Any
21 such extension may be granted only upon Subdivider's providing
22 improvement security, as defined in Section 18.44.020 of the San
23 Bernardino Municipal Code, acceptable to the City Engineer,
24 securing the faithful performance of this Agreement for the
25 extended term. The City Engineer shall be the sole and final
26 judge as to whether or not good cause has been shown to entitle
27 Subdivider to an extension. Any such extension may be granted
28 without notice to the surety of this Agreement, and the granting
20
21
22
23
24
25
26
27
28
1 granting of any extension shall not operate to release the
2 improvement security which secures the faithful performance of
3 this Agreement.
4
ATTEST:
5
6 ~~/.l<f/?~6
City Clerk
7
8
COLLEGE PARKWAY
ASSOCIATES
9
~4L...~
~ So strem, General
Partner
10
11
~.:\.
12
Frank Trani, General Partner
13
Approved as to form:
14
15
City Attorney
16
17
18
19
-2-