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1 RESOLUTION NO. /.3#"1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO; 10364 ; ACCEPTING THE PUBLIC
3 DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR THE mR<l1immfrs IN SAID. SUBDIVISION.
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BE IT RESOLVED ,Y THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOLLOWS:
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SECTION 1. The Kayor and Common Council find that ,.., .. Sub-
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division Tract No. 10364
, together with the 9""Al!~9U for
8 its design and improvement, is consistent with the General Plan of tbe City
9 of San Bernardino.
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SECTION 2. The Kayor of the City of San Bernardino is authorized
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on bebalf of said City tp execute an agreement with
COVINGTON BROTHERS CONSTRUCTION CO.
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for the imp~ovemente in said Subdivision Tract as are reqUired by City
14 Ordinance No. 1984 and the California Subdivision Kap Act. Said improve-
15 ments are specifically deacr:\.bed and shown on :\)rawing No. 5404
16 approved and on file in the Office of the City Engineer of the City of
17 San Bernardino.
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SECTION 3. The Final Map of said Subdivision Trac t is hereby
19 approved and the City of San Bernardino hereby accepts as pq.blic property
20 all dedications and offers of dedications within the subdivision as shown
21 on said Final Map for streets, alleys, including access rights, drainage
22 and other public easements. As a condition precedent to approval of the
23 Final Map, the sub4ivider shall first execute the agreement referenced
24 in Section 2 hereof for the improvements within said subdivision. The
25 City Clerk shall certify the approval and acceptance of the Mayor and
26 Common Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
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by the Mayor and COIDIIIOn Council of the City of San Bernardino at a---w
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AYES:
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meeting thereof, held on the 1/ nI..
day of
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, ~bY the following vote, to wit:
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NAYS:.
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ABSENT:
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The foregoing resolution is h~<<;~~~ ~...Hy
...~..t:JI"''''' , 1971" .
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of
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Approv
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FILED
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AGREEMENT
2 (subdivision improvements)
3 I THIS AGREEMENT is made and entered into this /.3;1;i day of
4 ,j f1;;;:..if)J , 197 L, by and between the CITY OF SAN BERNARDINO
5 a municipal corporation, hereinafter referred to as "City", and
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Covington Brothers Construction Co.
, hereinafter referred
7 to as "Subdivider".
8 R E C I TAL S:
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "map") entitled "
Tract No. 10364
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The map has been filed with the City for presentation to
the City Council (hereinafter called "Council") of the City for
its approval, which map is hereby referred to and incorporated
herein.
Subdivider has requested approval of the map prior to the
construction 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 0'- any of
said improvem~pts 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 City.
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This agreement i,s executed pursuant to the provisions of
the Subdivision Map Act of the Stat~ of California and Ordinance
No. 1984 of City.
NOW, THEREFORE, for and in cQqsideration of the approval
of the map and of the acceptance of ~he dedications or some thereof
therein offered, and in order to in~ure satisfactory performance
by Subdivider of Subdivider's obligJtions under said Subdivision
Map Act and said ordinance, the part;es agree as follows:
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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 herein-
before 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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work to be within 2 Years
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 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 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 extension.
S. Repairs and Replacements
Subdivider shall replace, or have replaced, o~ 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.
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and subject to the approval, of the city Engineer.
6. Utility Deposits - St.tement
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 Subdivider has made all
deposits legally required by such public utility corpor~
ation for the connection of any and all public utilities
to be supplied by such public utility corporation
within the subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all
necessary permits and licenses for the construction of
such improvements, give all necessary notices and pay
all fees and taxes required by law. Subdivider shall
comply with all provisions of the Subdivision Map Act
and City Ordinance No. 1984.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman
or superintendent, satisfactory to the City Engineer
on the work at all times during progress, with authority
to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities
and provide safe access for inspection by City, to all
parts of the work, and to the shops wherein the work
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is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shal
furnish to City improvement security as follows:
(1) An amount equal to at least 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 al]
persons performing labor and furnishing 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 guar-
antee and warranty of the work for a period of on~
(1) year following the completion and acceptance
thereof against any defective work or labor done,
or defective materials furnished. As a part of th
obligation guaranteed by the security and in addi-
tion 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 furnis~ed
shall be in the form of bonds, deposits or letters
of credit as provided in City Ordinance No. 1984
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and the type shall be at the option of and subject
to the approval of the City Engineer and the City
Attorney.
II. 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 damag~ for personal injury, inclu-
ding death, as well as fro~ 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 operation
be by Subdivider or by any of Subdivider's contractors,
subcontractors, or by anyone or more persons directly
or indirectly employed by, or acting as agent for,
Subdivider or any of Subdivider's contractors or subcon
tractors. Subdivider agrees to, and shall, defend
City, and its elective and appointive boards, commission~,
officers, agents and employees from any suits or actions
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 rights
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 City
by Subdivider, of any of the insurance policies
described in Paragraph 12 hereof.
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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-
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provement, and in case any work is sublet, SUbdividlr
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insuran1e
for all contractor's or subcontractor's employees,
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unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
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ployees engaged in work under this agreement at the
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site of the project is not protected under any
Workmen's Compensation law, Subdivider shall provid~
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and shall cause each contractor and subcontractor to
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P Dvide, adequate insurance for the protection of
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employees not otherwise protected. Subdivider shall
indemnify City for any damage resulting to it from
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failure of either Subdivider or any contractor or
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subcontractor to take out or maintain such insurance
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b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the l~ e
of this agreement such public liability and property
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damage insurance as shall insure City, its elective
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and appointive boards, commissions, officers, agents
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and employees, Subdivider and any contractor or sub-
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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
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contractor's or subcontractor's operations hereunder,
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whether such operations be by Subdivider or any
contractor or subcontractor, or by anyone directly
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or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of sucq
insurance shall be as follows:
(I) Public Liability Insurance
In an amount not less than $ 100,000.00 for
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
on account of anyone
occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the property of each person on accou t
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 shall
contain a standard form of cross-liability endorse-
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
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of the cancellation or reduction in coverage of any
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policy during the effective period of this agreement.
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14. Title to Improvements
Title to, and ownership of, all improvements constructed
hereunder by Subdivider shall vest absolutely in City,
upon completion and acceptance of such improvements by
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City.
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15. Repair or R~construction of Defective Work
If, within a period of one year after final acceptance
of the work performed under this agreement, any structwr
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or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed b
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Subdivider, or any of the work done under this agreement
fails to fulfill any of the requirements of this agree-
ment or the specifications referred to herein, Subdivider
shall without delay and without any cost to City, repair
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or replace or reconstruct any defective or otherwise
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unsatisfactory part or parts of the work or structur~.
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Should Subdivider fail to act promptly or in accordance
with this requirement, or should the exigencies of the
Subdivider can be notified, City may, at its option,
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make the necessary repairs or replacements or perfonr.
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the necessary work and Subdivider shall pay to City the_
actual cost of such repairs plus fifteen percent (1St).
16. Subdivider Not Agent of City
Neither Subdvider nor any of Subdivider's agents or con-
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tractors are or shall be considered to be agents of City
in connection with the performance of Subdivider's obli-
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gations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit
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fees for all engineering inspections and other service~
connected with the City in regard to the subdivision. I
Said fees shall be paid prior to commencing any con-
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struction.
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18. Notice of Breach and Default
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If Subdivider refuses or fails to obtain prosecution
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the work, 0 r any severable part thereof, with such
diligence as will insure its completion within the ti
specified, or any extensions thereof, or fails
completion of said work within such time, or if the
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Subdivider should be adjudged a bankrupt, or Subdivid r
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should make a general assignment for the benefit of
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Subdivider's creditors, or if a receiver should be
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appointed in the event of Subdivider's insolvency, or if
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Subdivider, or any of Subdivider's contractors, subcon-
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tractors, agents or employees" should violate any of
provisions of this agreement, City Engineer or City
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Council may serve written notice upon Subdivider and
divider's surety of breach of this agreement, or
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portion thereof, and default of Subdivider.
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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
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and the improvement herein specified; provided, howeve ,
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that if the surety, within five days after the serving
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upon it
of such notice of breach, does not give City 'I
notice of its intention to take over the perfor-,
written
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mance of the contract, and does not commence performanc1
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 City for any excess cost or damages occasione
City thereby; and, in such event, City, without liabili y
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 det
livered in person or sent by registered mail, postage i
prepaid.
Notices required to be given to City shall be addressed I
as follows: City Administrator, City Hall, 300 North
"D" Street, San Bernardino, California 92418.
Notices required to be given to Sub4ivider shall be
addressed as follows; Covington Broth"rs Construction Co.,
2451 East Orangethorpe Avenue, Fullerton, CA 92631
Notices required to be given surety Of Subdivider shall
be addressed as follows:
Provided that any party or the surety may change such
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address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted
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to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this
'agreement on the day and year first above written.
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ATTEST:
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s to form:
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INSTRUCTIONS
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If the Subdivider is a corporation, the agreement must be
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executed in the corporate name and signed by the President or a
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Vice-President and the Secretary or Assistant Secretary, and the
corporate seal affixed. If the Subdivider is a partnership, it
'must be signed by all partners. If the Subdivider is an individua
doing business under a fictitious name, it must be signed by all
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persons having an interest in the business, and the fictitious
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name must be signed also. The agreement must be notarized by the
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ISubdivider.
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STATE OF CALIFORNIA
COUNTY OF nr,,"9f'
On AugUSt 23, 197~~______ bero,e me,
the undersi~ned, a Notary Public in and for ~aiJ COUllty and Stale,
personally appeared 'DnhPrt-: R Fi i-'~""ri tic ---
known to me to he the__ Vi ~ President, and____
T'hTT;A T,. Krn+-t""i'k __ _, known to me to he
Secretary of the corporation that executed the
within Instrument, known to me to be the persons who executed the
within Instrument on behalf of the corporation therein named. and
Rcknowledp;ed to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
j' Signature GmQ.(\~ 1'IJ I iJrf.Qo/~
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BAFECD
FOR NOTARY SEAL. OR STAMP
OFFICIAL SEAL
a DEN!SE M, HALEY
_ t"aI _ _:;~ NOT APY PUBLIC CALIFORNIA
~~} PRINCIF-AL OFF1CE IN
"-'.~ ,ORANGE COIJNTY
M~ Commiss'on Expires July 16, 1982
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