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HomeMy WebLinkAbout1985-100 1 2 RESOLUTION NO. 05-l00 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE INAL MAP FOR SUBDIVISION TRACT NO. 10183, LOCATED AT THE SOUTH- AST CORNER OF IRVINGTON AVENUE AND OLIVE AVENUE, ACCEPTING THE UBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING XECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS ,N SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED. I 4 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE ITY OF SAN BERNARDINO AS FOLLOWS: 7 ! SECTION 1: The Mayor and Common Council find that ~roposed Subdivision Tract No. 10183, located on the Southeast orner of Irvington Avenue and Olive Avenue, together with the I rovisions for its design and improvements is consistent with the 8 9 10 11 12 eneral Plan of the City of San Bernardino. 13 SECTION 2: The Mayor of the City of San Bernardino is 14 uthorized on behalf of said City to execute the standard form of 15 greement adopted by Resolution No. 84-8 with Sunflower 16 roperties, for the improvements in said subdivision tract as are 17 equired by Title 18 of the San Bernardino Municipal Code and the 18 alifornia I . f' pecl led improvements are specifically Subdivision Map Act. The time for performance is at 24 months. Said 19 20 escribed and shown on Drawing No. 6551 approved and on file in ~he Office of the City Engineer of the City of San Bernardino. !I S E C T ION 3: The fin a 1 map 0 f sa ids u b d i vis ion t r act ,~s hereby approved and the Ci ty of San Bernardino hereby accepts ~s public property all dedications within the subdivision as shown In said final map for streets, alleys, (including access rights), rainage and other public easements. As a condition precedent to ~pproval of the final map, the Subdivider shall first execute the ~greement referenced in Section 2 hereof for the improvements " 21 22 23 24 25 26 27 28 1 1 within said subdivision. The City Clerk shall certify the ap- 3 in thi s resol uti on. proval and acceptance of the Mayor and Common Council as set forth 2 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Counci 1 of the Ci ty of San 5 7th Bernardino at an adjourned regularmeeting thereof, held on the 6 day of Narch 7 8 wit: 9 AYES: Council Members Castaneda, Reilly, Hernandez, 10 11 NAYS: 12 ABSENT: 13 14 15 16 17 , 1985, by the foll owi ng vote, to- Narks, Quiel, Frazier, Strickler None None ..4#&'/7r1/~d ./ City Clerk The foregoing resolution is hereby approved this ~-1~ 18 19 day of Harch 20 I i I IApproved as to form: , i 21 22 23 24 25 26 27 28 , 1985. 2 20 21 22 23 24 25 26 27 28 - r--" _.-....- .,,- I c.,) t~." 1 A!lB.II!H..t!1 2 (subdivision improvements) 3 THIS AGREEMENT '-rM..d, is made and entered into th is "<-5'c~ day of 4 ..- , 19af, by and between the CITY OF SAN BERNARDINO 5 a municipal corporation, hereinafter referred to as "City", and 6 , hereinafter referred to as 7 "Subdivider". 8 9 R E C I TAL S : -------- 10 Subdivider has presented to City for approval a final sub- division map (hereinafter called "map") entitled" Tr.l0183 (lot 1 thru 9) 11 12 " 13 14 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. 15 16 17 Subdivider has requested approval of the map prior to the con- 18 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") 19 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. 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 I-~- This agreement is executed pursuant to the provisions of, the Sub- division Map Act of the State of California and Title 18 San Bernardino Municipal Code. NOW, THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications or some thereof, therein offered, and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the parties agree as follows: 1. Performance of Work Subdivider will do and perform, or cause to be done and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish all required materials, all to the satisfaction of the City Engineer of City the work and improvements within (and/or without) the subdivision to complete the improvements in accordance with the plans and specifications on file as hereinbefore specified, or with any changes required or ordered by said Engineer, which in his opinion are necessary or required to complete the work. 2. Work: Places and Grades to be Fixed by Engineer All of said work is to be done at the places, of the materials, in the manner, and at the grades, all as shown upon the plans and specifications therefor, here- tofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance City hereby fixes the time for the completion of said -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, that in the event good cause is shown therefor, the City Engineer mav 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 liabilitv on the bond to secure the faithful performance of this agreement, The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an exten- sion. 5. Repairs and Replacements Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroved or damaged, and Subdivider shall re- place or have replaced, repair, or have repaired, as the case may be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroved by reason of anv work done hereunder, whether such property be owned bv the United States or any agency thereof, or the State of Ca 1 iforni a, or anv agencv or pol iti ca 1 subdiv i s i on thereof, or by the City or by any pub 1 i c or private corporation, or by any person whomsoever, or by any combina- tion of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer. 6. Utility Deoosits - Statement Subdivider shall file with the Ci~y Clerk, prior to the commencement - 3 - 1 of any work to be performed within the area delineated on the map, a written statement signed bv Subdivider, and each public utilitv corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utilitv corporation within the Subdivision. 2 3 4 5 6 7 7 . . Permi ts: Compliance with Law 8 9 Subdivider shall. at Subdivider's expense, obtain all necessarv permits and licenses for the construction of such improvements. 10 give all necessary notices and pav all fees and taxes required bY 12 law. Subdivider shall comply with all provisions of the Subdivi- sion Map Act and Title 18 San Bernardino Municipal Code. 8. Superintendence by Subdivider Subdivider shall give personal superintendence to the work on 11 13 14 15 said improvement. or have a competent foreman or Superintendent. 16 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 17 18 19 20 21 22 provide safe access for inspection by City, to all parts of the work, and to the shopS wherein the work is in preparation. 23 10. Contract Security Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (1) An amount equal to at least one hundred percent of the total estimated cost of the improvement and acts to be performed as 24 25 26 27 security for the faithful performance of this agreement; 28 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 . 20 21 22 23 24 25 26 27 28 (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 furnishing mater- ials in connection with this agreement; and (3) An ampunt eoual to at least twenty-five percent of the total est~mated cost of the improvements and acts to be performed 2S 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 add- ition to the face amount of the securitv, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' fees incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 18 San Bernardino Municipal Code; and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. Hold Harmless Agreement Subdivider hereby agrees to, and shall, hold Citv, its elective and appointive boards, commissions, officers, agents and employees, rarwless from any 1 i abi 1 ity for damage or cl a ir:1s for damage for personal injurv, including death, as !~el1 as from claims for property damage which mav arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such operations be by Subdivider or by any of Subdivider's contractors, subcontractors, or by and one or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider a,rees to, and shall, defend City, and its - '5 - I' II II iI II 1 I I 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 appointive boards, commissions, officers, agents and employees from any suits or actions at law or in eouity for damages caused, or alleged to have beer caused, by reason of anv of the aforesaid operations, provided as follows: a. That City does not, and shall not, waive any rights against Subdi vi der whi ch it may have by reason of the aforesai d hol d harmless agreement, because of the acceptance by City, or the deposit with Citv by Subdivider, or i\ny of the insurance policies described in Paragraph 12 hereof. b. That the aforesaid hold harmless agreement by Subdivider shall apply to all damages and claims for damages of everY kind suffered, or alleged to have been suffered, bv reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not Citv has prepared, supplied or approved of, plans and/or specifications for the subdivision, or regardless of whether or not such insurante 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,o obtained all insurance required under this paragraoh and such insurance shall have been approved by City Attornev as to form, amount and carrier, nor shall Subdivider allow any contractor or Sub- contractor to commence \'Icrk en hi s contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved, All requil"ements herein provided shall appear either in the body of the insurance policies or as endorse- ments and shall specificallv bind the insurance carrier. - 6 - a. Compensation Insurance Subdivider shall maintain, durin9 the life of this agreement, Workmen's Compensation Insurance for all Subdivider's employees employed at the site of improvement, and in case any work is sublet, Subdivider shall require any contractor or subcontractor similarly to provide Workmen's Compensation Insurance for all contractor's or subcontractor's employees, unless such emplovees are covered by the protection afforded by Subdivider. In case any cl ass of employees engaged in work under thi s 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 orotected. Subdivider shall indemnify Citv for any damage resultin9 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 durin9 the life of this agreement such public liability and property damage insurance as shall insure City, its elective and apoointive boards. commis- sions, officers, agents and employees, Subdivider and any contrac tor or subcontractor performing work covered by this agreement from claims for damages for Dersonal iniurv, including 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 operatiors be by Subdivider or any contractor or subcontractor, or bv anyone directly or indirectly employed by either Subdivider or any contractor os subcontractor, and the amounts of such insurance shall be as follows: - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 for injuries, including, but not limited to, death, to any one oerson and, subject to the same limit for each person, in an amount not less than $ 300,000.00 on account of any one occurrence; (2) Property Damage Insurance In an amount not 1 ess than $ 50,000.00 for 13 damage to the property of each person on account of any one occurren ce. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures anv entitv, oerson, board or commission other than those mentioned in this para- graph, such policv shall contain a standard form of cross- 1 iabil ity endorsement, insuring on such pol i cy Citv, its elective and appointive boards, commissions, officers, agents and employees, Subdivi der and any contractor c,r subcortractor performing work covered bv this agreement. 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 Citv at least ten days prior notice of the cancellation or reduction in coverage of any poli~y during the effective oeriod of this agreement, 14. Title to Improvements Title to, and rn~nership of, all improvements constructed hereunder by Subdivider shall vest absolutely in City, upon completion and 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13. acceptance of such improvements by City. - 8 - 1 15. Repair or Reconstruction of Defective Work If, within a period of one year after final acceptance of the 2 3 work oerformed under thi s agreement, any structure or nart of any 4 structure furni ~hec' ~,nd/or insta 11 ed or cons tructed, or caused 5 to be installed or constructed by Subdivider, or any of the work 6 done under this agreement, fails to fulfill anv of the requirements 7 of this agreement or the soecifications referred to herein, Sub- divider shall without del~y and without any cost to City, repair 8 9 or replace or reconstruct any defective or otherwise unsntcsfact- 10 ory part or parts of the work or structure. Should Subdivider 11 fail to act promptly or in accordance with this requirement, or 12 should the exigencies of the Subdivid~r can he notified, City may at its option, make the necessary repairs or replacements or perform 13 ]4 the necessary work and Subdivider shall pay to City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of Citv 15 16 17 Neither Subdivi der nor anv of Subdi vider' s agents or contractors 18 are or shall be consi dered to be i'('jf'nts of City in connecti on with the performance of Subdivider's obligations under this agreement. 19 20 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit fees for all 2] 22 en9i neerin9 inspections and other servi ces connected with the Citv 23 in regard to the subdivision. Said fees shall be paid prior to 24 commencin9 any construction. 25 26 18. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, 27 or any severable part thereof, with such diliqence as will insure 28 its completion within the time specified, or any extensions thero~, or fails to obtain completion of said work within such time, or if - 9 - 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 19 20. the Subdi"ider should be adjudged a bankrupt, or Subdivider should make a general assiqn llent for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, 01' if Subdivider, or any of Subdivider's contractors, subcontractors, agents or emplovees, should violate any of the provisions of this agl'eement, City Engineer or Citv Council may serve written notice upon Subdivider and Subdivider's 'surety of bl'each of this agreement, or of any portion thereof, and default of Subdivider. Breach of Agreement; Perfonnance [,'" Surety or Citv In the event of any such notice, Subdivider's surety shall have the duty to take OVH anc comrl ete Lhe \~ork and the improvement herein specified; provided, however, that if the surety, within five days after the serving uron if of such notice of breach, does not gi ye City written noti ce of its i ntent'i on to take over the performance of the contract, and does not commence performance thereof within five days after notice to City of such election, City may take over the work and nrosecute the same to comp 1 eti on, 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 Citv for any excess cost or damages occasioned City thereby; and, in such event, City, without liabi- li~y for so doing, may take possession of, and utilize in com- pleting the work, such materials, appliances, plant and other property belonging to Subdividel' as may be on the site of the work and necessary therefor. Noti ces All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - 20 21 22 23 24 25 26 27 28 1 Notices required to he given to City shall be addressed as follows: 2 City Administrator, City Hall, 300 North "D" Street, San Bernardino, 3 California 92418. 4 Notices reouired to be given to Subdivider shall be addressed as follows: 5 245 Fischer Avenue B-4, Costa Mesa, California 92626 6 7 Notices required to be given surety of Subdivider shall be addressed as 8 follows: 245 Fischer Avenue B-4, Costa Mesa, California 92626 9 10 Provided that any party or the surety may change such address by 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. 15 16 ATTEST: 17 18 ~a':ac1//&J;~ e'ity Cl erk 19 SUBDIVIDER Shadow Meadows, Ltd. Annrovec as to form: Bv: s, Inc. ner -:;:LY President Citv Attornev INSTRUCTIfJNS If the Subdivider is a corporation, the agreement must be executed in e corporate name and signed by the President or a Vice-President and the - 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 25 26 27 28 Secretarv or ~ssistant Secretary, and the corporate seal affixed, If the Subdivider is a partnership, it must be signed bv all partners. If the Subdivider is an individual doing business under a fictitious name, it must be signed by all Dersonshaving an interest in the business, and the ficti- tious name must be signed also. The agreement must be notarized bv the Subdivider, - 12 - - 0: '" m 0; c " . a. u ~ E :J . ~ "0 ~ ~ 0- ~ E c 0 ~ll a. ~ lU~ 01- ~ C c 5 .2';;: ~ ~ 0< e-ii) o ~ 2i.i: I N !!'. ~ '" o o M ORANGE 1985 , , :55. I STATE OF CALIFORNIA COUNTY OF _ February 21, O~_...__~_,__._.____n.._.,. ....._.......__ ___, before me, the undersigned, a Notary Public in and for JAMES R. WHITE soid Stale, personally appeared.p XX1l!K _ ___. personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as_ President n behalf 01 l'~_I'@J?EgrJ:E.~ L!:N.c. the corporation therein named, and aCknowledged to me that said corporation executed the within instrument pursuant to its by- laws or a resolution of Its board of directors, said corporation being known to me to be the general partner 01_ SHAIX.:M' _ ~,I.TD.. i.LQUifQmia Limi;l;.~_.p~ship_., the limited partnership that executed the within instrument, and acknowledged to methat such corporation executed the same as such partner and that such partnership ecuted the same. WITN ES OFFICIAL SEAL FAYE 8. ECCLES NoI8ry Publlo-Calllomla ORANGE COUNlY Sign , 19~5 !I I I I' ., F Ii.' 1L.:;UHf~: (:t, '.,,~ ;u :.. un-~ 1 '~,~., ,," u ,- ~,"-": t i ,'~-S 1 '1:,:. .:..:.r1-:'.>;)\_1 iir?2 1::..- '), ~-::'!. ) c r) ,., , , ;o.:~ ;'k~'.'!po;~:~ >~i, r:h, ;-:,11 i Fe (11 i u .,,, 11_ ,:,'-, D COMi-"/\NY E LETTEF{ COVERAGES THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AllY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P:)UCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI~ liONS OF SUCH POLICIES. CO LTA TYPE OF INSURANCE POLICY NUMBER POLICY EFFECT:\/E POLICY EXPIRATION I OA'E (MMiODfYYI DATE (MM/ODiYY) LIABILITY LIMITS !N THOUSANDS oCCG~~~NCE AGGREGATE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES/OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARD PRODUCTS/COMPLETED OPERATIONS X CONTRACTUAL X 'NDEPENDENT CONTRACTORS X BROAD fORM PROPERTY DAMAGE X PERSONAL 'NJURY III' 839-')912 2.''''' ,:'81; I , ~\'~ \)_,111, r '';-'' C~)'" i " 'v~ I AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS (PRIV PASS I ALL OWNED AUTOS (OTHER THAN, ) PRIV, PASS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABILITY -, C~,' , FL- <".j:) <'..l "" ...;;:' , \ BODILY $ $ INJURY 2'21, '("I..... PROPERTY $ $ 0.) DAMAGE BI & PD $ ~oo $500 COMBINED PERSONAL INJURY $500 MOlLY INJURY $ (PER PfRSON) OOOllY INJURY $ (PER ACCIDENT) PROPERTY $ DAMAGE BI & PO $ COMBINED EXCESS LIABILITY X UMBRELLA fORM OTHER THAN UMBRELLA FORM 79.>07003 2.'24/8'+ 2/20./85 BI & PD COMBINED ".;:" ,/ c>/' STATUTORY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY (EACH ACCIDENT) (O'SEASE.POLlCY LIMIT) (O'SEASE.EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONSlLOCATIONSNEH1CLES/SPECIAL ITEMS RE: Shadow MeadOl-Js - Pa rce 1 s 1, 2, 3, & I( Map :,755: San Bernardino, Cal ifornia Tract 10183 (9 lots) and Tract 10184 (7 lots) Pa rCA I s 1 & 2 of PA #5989 CERTIFICATE HOLDER CANCELLATION City of San Bernardino 300 "D" Street San Bernardino, California 92b.18 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATIOlll DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH MPANY, ITS AGENTS OR REPRESENTATIVES. AUTRI REE TV ~ I., . ,-, ;.