HomeMy WebLinkAbout1985-130
1
I
I
i
,
,
I
,
RESOLUTION NO. 85-130 I
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE;
FINAL MAP FOR SUBDIVISION TRACT NOS. 12669 AND 12775, LOCATED'
APPROXM]ATELY 660 FEET SOUTH OF THE CENTERLINE OF MILL STREET AND
THE EAST SIDE OF PEPPER AVENUE, ACCEPTING THE PUBLIC DEDICATIONS
AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STAN-]
DARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,'
WITH TIME FOR PERFORMANCE SPECIFIED.
2
3
4
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1: The Mayor and Common Council find that pro-
8
posed Subdivision Tract Nos. 12669 and 12775, located approximate-
ly 660 feet South of the Centerline of Mill Street and the East
9
10
side of Pepper Avenue, together with the provisions for its design
11
and improvements is consistent with the General Plan of the City
of San Bernardino.
12
13
SECTION 2:
The Mayor of the City of San Bernardino is
14
authorized on behalf of said City to execute the standard form of
15
agreement adopted by Resolution No. 84-8 with Canaday and Company,
16
Real Estate Developers, Inc., for the improvements in said subdi-
ivision tract as are required by Title 18 of the San Bernardino
17
18
Municipal Code and the California Subdivision Map Act. The time
19
Ifor performance is specified at 24 months. Said improvements are
I
IspecifiCallY described and shown on Drawing Nos. 6571 and 6591
,
,
[approved and on file in the Office of the City Engineer of the
] City of San Bernardino.
;
I SECTION 3: The final map of said subdivision tract
I
liS hereby approved and the City of San Bernardino hereby accepts
las public property all dedications within the subdivision as shown
,
lion said final map for streets, alleys, (including access rights),
ildrainage and other public easements. As a condition precedent to
Ii
II
20
21
22
23
24
25
26
27
28
1
.. "ll
approval of the final map, the Subdivider shall first execute the
I
agreement referenced in Section 2 hereof for the improvements
2
within said subdivision. The City Clerk shall certify the ap-
3
proval and acceptance of the Mayor and Common Council as set forth
4
in this resol ution.
5
6
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Counci 1 of the Ci ty of San
7
IBernardino at a
regular
meeting thereof, held on the
8
1st
day of
April
, 1985, by the following vote, to-
9
wi t:
10
AYES:
Council Members Castaneda, Reilly, Marks,
11
Quiel, Frazier
12
13
NAYS:
ABSENT:
None
Council Members Hernandez, Strickler
14
15 I
16 I
17 I
18
I
19 I
II
20 II
II day of
21 II
I,
22 II
23 I
i
I
24 ! Approved
,
,
~~
./ 1 ty er
The foregoing resolution is hereby approved this ~
Anril
, 1985.
as to form:
25
tl2rv;/J~
City Attorney
26
27
28
2
15
16
20
21
22
23
24
25
26
27
28
1
.!LG.RII!H.!! T
(subdivision improvements)
2
3
4
THIS AGREEMENT is made and entered into this .3M day of
~~_~ ' 19af: by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Canaday & Company Real Estate
Developers, Inc. , herei nafter referred to as
4
5
6
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"
Tract 12669 and 12775
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.
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
17
18
19
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
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 Citv Engineer ma,\I 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 Citv 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 reoair, 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 re-
olace or rave replaced, 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 destro\led 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 agency or
political subdivision thereof, or by the City or by any public 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 Citv Engineer.
6. Utilitv Deposits - Statement
Subdivider shall file with the Citv Clerk, prior to the commencement
- 3 -
1
of any work to be performed within the area delineated on the map,
a written statement signed by 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 utili~v corporation within the Subdivision.
2
3
4
5
6
7
7
, .
Permi ts:
Compliance with Law
8
Subdivider shall, at Subdivider's expense, obtain all necessarv
9
permits and licenses for the construction of such improvements,
10
give all necessary notices and pay all fees and taxes required bY
11
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
12
13
14
15
16
said improvement, or have a competent foreman or Superintendent,
satisfactory to the Ci~v Engineer on the work at all times during
progress, with authority to act for Subdivider.
17
18
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
19
20
21
work, and to the shops wherein the work is in preparation.
22
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 oercent of the total
23
24
25
26
estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
27
28
- 4 -
(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 equal to at least twenty-five percent of the total
est~mated 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 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 Municipal Code; and
the type shall be at the option of and sUbject to the aporoval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, rarwless
from any liability for damage or claims for damage for personal injury,
including death, as 1~ell as from claims for property damage which may arise
from Subdivider's or Subdivi der' 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 arrees to, and shall, defend City, and its
- '5 -
!I
,I
"
I[
1 I
2 I
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
apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have bee~ caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, waive anv 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 C'.ny ef the insurance oolicies
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 anv
of the aforesaid operations referred to in this paragraph,
regardless of whether GI" not Citv has oreoared, supplied or
approved of, clans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havl~ obtained all insurance re~uired under this paragraoh and
such insurance shall have been approved bV Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to conmence I'fork en hi s 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 ei ther in the body of the insurance pol icies or as endorse-
ments and shall specificallv bind the insurance carrier.
- ('\ -
1
a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
2
3
Workmen's Compensation Insurance for all Subdivider's employees
4
employed at the site of improvement, and in case any work is
5
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
6
7
contractor's or subcontractor's employees, unless such emplovees
8
are covered by the protection afforded by Subdivider. In case
9
any class of employees engaged in work under this agreement at
10
the site of the project is not protected under any Workmen's
11
Compr,nsotiDn Law, Subdivider shall provide and shall cause each
12
contractor and subcontractor to provide, adequate insurance for
13
the protection of employees not otherwise protected. Subdivider
shall indemni~y City for any damage resulting to it from failure
of either Subdivider or anv cOntractor or subcontractor to take
14
15
16
out or maintain such insurance.
17
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
18
19
agreement such public liability and property damage insurance
20
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider ar.d any contrac
21
22
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including death,
23
24
as well as from claims for property damage which may arise from
25
Subt1ivider's 01' any contractor's or subcontractor's operati ons
26
hereunder, whether such operatior-s be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
27
28
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
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(1) Public Liabilitv Insurance
In an amount not ~ €ss than $ 100,000.00*** for
injuries, including, but not limited to, death, to anv
one person and, subject to the same limit for each
person, in an amount not less than $ 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 property of each person on account of any
one occurrence.
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 policy 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 subcontractor
performi ng work covered bv thi s agreement.
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 Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any poli~v during the effective oeriod of this agreement.
14. Title to Improvements
Title to, and m~nership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
- 8 -
1
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
2
3
work performed under thi s agreement, any structure or nart of any
structure furnishec and/or instal1ed or constructed, or caused
4
5
to be installed or constructed by Subdivider, or any of the work
6
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without del~y and without any cost to City, repair
7
8
9
or replace or reconstruct any defective or otherwise unsat;sfact-
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
shoul d the exi genci es of the Subdi vi d(,r car. he r.ctifi ed, City may at
its opticn, make the necessarv repairs or replacements or perform
13
14
the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
15
16
17
Neither Subdivider nor any of Subdivider's agents or contractors
18
are or shall be considered to be i:(jl'nts of City in connection with
19
the performance of Subdivider's Obligations under this agreement.
20
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
21
22
engineering inspections and otl!er services connected with the City
23
in regard to the subdivision. Said fees shall be paid prior to
24
commencing any construction.
25
18. Notice of Breach and Default
26
If Subdivider refuses or fails to obtain prosecution of the work,
27
or any severable part thereof, with such diligence as will insure
its completion within the time specified, or any extensions thero~,
28
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 Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assign llent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Silbdi\'iC:er's insolvencv, or if Subdivicer, or anI' of Subdivider's
- "
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve written notice uron Subdivider and Subdivider's
'surety of bl'each of thi s agreement, or of any PGrtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance b" Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take 01";1' ana complete the work and the improvement
herein specified; provided, however, that if the suretv, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intent'ion to take over
the performance of the contract, and does not commence perf o l'nIi\ nee
thereof 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 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-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessarv therefor.
Noti ces
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
- 10 -
-.
.
~
i=
c
.
u
"
1 .
E
0(>'
fij ~
" 0.
u: E
~o
gu
;: <1l
. U
" C
o .
0."
" ,
o ~
2-=
N
<Xl
,
~
'"
o
o
'"
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
Canaday & Company Real Estate Developers, Inc.
6
2912 S. Daimler Street, #200
Santa Ana, CA 92705
7
Notices required to be given surety of Subdivider shall be addressed as
8
follows: 'y
9
10
Provided that any party or the surety mav change such address bv notice in
11
writing to the other partv and thereafter notices shall be addressed and
12
transmitted to the new address.
13
IN WITi~ESS WHEREOF, the parties hereto have executed this agreement on
14
the dav and year first above written.
15
16
ATTEST:
17
18
.h/'.JJ'/~~
e1 tv Cl erk
19
SUBDIVIflER
20
",
, /J
LA r...
r~~
President
)iJ.J rj ./
etary
n.__
STATE OF CALIFORNIA I
COUNTY OF Orang~ __ Iss.
--_J
on__November 7, 19<34
.--------, before me, the undersigned, a Notary Public in and for
said State, personally appeared_^_----.SUe _ CunniJlgharn___
_Laurie I. Oard ----~.____m_.. ___and
.------------. personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
_ Vice ' ---~----
--__President and Secretary, on behalf of~anadav &
Company Real Estate Developers, Inc. .
the corporation therein named, and acknowledged to me that JI'i
such corporation executed t.he within instrument pursuant to its (iI''''. OFFICIAL SEAL
by-laws or a resolution of its board of directors. ~ FEIv'lMI Y. GREEN
JL ~ Notary Public - California
do cial seal. '"''''~,,: PRINCIPAL OFFICE IN
.- ORANGE COUNTY
~ MY COMMISSION EXPIRES MAY 7, 1986
Signatur or
. -- (This area for official notarial seal)
)e executed in
ident ilr.d the
I
,I
I'
1 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
Secretarv or ~ssistant Secretarv, 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 oersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider.
- 12 -