HomeMy WebLinkAbout1981-493
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RESOLUTION NO. 81-493
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING PARCEL MAP NO.5406
LOCATED ON THE SOUTHWEST CORNER OF COLUMBIA AND "G" STREETS; AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed Minor
Subdivision No. 589 (Parcel Map No. 6406) Located on the Southwest Corner
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of Columbia and "Goo Streets, together with the provisions for its design and
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improvements is consistent with the General Plan of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on
behalf of said City to execute an agreement with Charles B. Caldwell, Trustee
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of the Charles B. Caldwell 1974 Trust for the improvements in said Parcel
Map as are required by Title 18 of the City Municipal Code and the California
Subdivision Map Act. Said Improvements are specifically described and shown
on Drawing No. 5662 approved and on file in the office of the City Engineer 0
the City of San Bernardino.
SECTION 3. The Parcel Map of said Minor Subdivision is hereby approved.
As a condition precedent to approval of the Parcel Map, the subdivider shall
first execute the agreement referenced in Section 2 hereof for the improvement
within said Minor Subdivision. The City Clerk shall certify the approval and
acceptan ce of the Mayor and Common Counci 1 as set forth in thi s reso 1 uti on.
I HEREBY CERTI FY that the foregoing Resol uti on was duly adopted by
adjourned
the Mayor and Common Council of the Ci ty of San Bernardi no at il1 regular
meeting thereof, held on the 12th day of October
, 1981, by the
24 follCMing vote, to wit:
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AYES: Council Members: castaneda, Reilly, Hernandez, Botts,
Hudson, Hobbs, Strickler
NAYS: None.
ABSENT: None.
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The foregoing r€solution
day of CJ~~
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Approved as to form:
~~~I_~
Cl ty orney
~~~b
,/ Clty Clerk
is hereby approved thi s \ 7J'-h
, 1979.
A G R E E MEN T
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(Parcel Map Improvements)
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THIS AGREEMENT is made and entered into this
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day
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of
September
, 1981, by and between the CITY OF SAN BERNARDINO
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a municipal corporation,
Charles B. Caldwell,
1974 Trust
hereinafter referred to as "City," and
Trustee of the Charles B. Caldwell
, herei nafter referred to as "Subdi vi der. "
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R E C I TAL S:
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Subdivider has presented to the City Engineer for approval
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Parcel Map No. 6406
(hereinafter called "map") Pursuant to con-
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ditions of approval for Minor Subdivision No.
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The map is he~eby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
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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
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"subdivision") designated in the map, all in accordance with, and
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as required by, the plans and specifications for all or any of
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said improvements in, appurtenant to, or outside the limits of
subdivision, which plans and specifications are now on file in the
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office of the City Engineer of City.
The Subdivider must first enter into and execute this agreement
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with City before the City Engineer approves the map and accepts the
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dedications therein offered.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory 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
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work to be within
twenty-four months
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from the date hereof.
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4. Time of Essence - Extension
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Time is of the essence of this agreement; provided, tha~
in the event good cause is shown therefor, the City
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Engineer may extend the time for completion of the
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improvements hereunder. Any such extension may be
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granted without notice to the Subdivider's surety, and
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extensions so granted shall not relieve the surety's
liability on the bond to secure the faithful performanc,
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of this agreement. The City Engineer shall be the sole i
and final judge as to whether or not good cause has bee1
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shown to entitle Subdivider to an extension. i
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5. Repairs and Replacements I
Subdivider shall replace, or have replaced, or repair,
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or have repaired, as the case may be, all pipes and
monuments shown on the map which have been destroyed
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or damaged, and Subdivider shall replace or have re-
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placed, repair, or have repaired, as the case may be,
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or pay to the owner, the entire cost of replacement or
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repairs, of any and all property damaged or destroyed
by reason of any work done hereunder, whether such
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property be owned by the United States or any agency
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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
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whomsoever, or by any combination of such owners. Any
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such repair or replacement shall be to the satisfaction,
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and subject to the approval. of thp. 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 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 utility corporation with in 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 Title 18 San Bernardino Municipal Code.
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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1 is in preparation.
2 10. Contract Security
3 Concurrently with the execution hereof, Subdivider shall
4 furnish to City improvement security as follows:
5 (1) An amount equal to at 1 ease one hundred percent
6 of the total estimated cost of the improvements and
7 acts to be performed as security for the fai thful
8 performance of this agreement;
9 (2) An amount equal to at least fifty percent of the
10 total estimated cost of the improvements and acts
11 to be performed as security for the payment of all
12 persons performing labor and furnishing materials
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14 (3) An amount equal to at least twenty-five percent
15 of the total estimated cost of the improvements
16 and acts to be performed as securi ty for the guarantee
17 and warranty of the work for a period of one (1) year
18 following the completion and acceptance thereof against
19 any defective work or labor done, or defective materials
20 furnished. As a part of the obligation guaranteed by
21 the security and in addition to the face amount of the
22 security, there shall be included costs and reasonable
23 expenses and fees, including reasonable attorneys' fees
24 incurred by City in successfully enforcing the obligation
25 secured. The type of security furnished shall be in the
26 form of bonds, deposits or letters of credit as provided
27 in Title 18 San Bernardino Municipal Code.
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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.
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 operations
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 action~
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 aprly 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, Subdivid~r
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shall require any contractor or subcontractor
similarly to provide Workmen's Compensation InsurandJ
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for all contractor's or subcontractor's employees,
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unless such employees are covered by the protection
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afforded by Subdivider. In case any class of em-
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
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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 life
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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
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from claims for damages for personal injury, inclu-
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ding death, as well as from claims for property
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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 allY
contractor or subcontractor, and the amounts of ~ucq
insurance shall be as follows:
(1) 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 account
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-
ment, insuring on such policy City, its elective
and appointive boards, commissions, officers, ag.'!nt
and employees, Subdivider and any contractor or sub
contractor performing work covered by this agreemen
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
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of the cancellation or reduction in coverage of any
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policy during the effective period of this agreemei1t.
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 Reconstruction of Defective Work
If, within a period of one year after final acceptance
of the work performed under this agreement, any struct~U)
or part of any structure furnished and/or installed or
constructed, or caused to be installed or constructed by
subdivider, or any of the work done under this agree~ent,
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
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 accordance
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 perf o TIn
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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
Neither Subdvider nor any of Subdivider's agents or con-
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
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, or any severable part thereof, with such
diligence as will insure its completion within the time
specified, or any extensions thereof, or fails to obtain
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 if
Subdivider, or any of Subdivider's contractors, subcon-
tractors, agents or employees, should violate any of the
provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Sub-
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
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upon it of such notice of breach, does not give City
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written notice of its intention to take over the perfor-
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mance of the contract, and does not commence performanc~
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thereof within five days after notice to City of such
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election, C~ty may take over the work and prosecute the
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same to completion, by contract or by any other method
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City may deem advisable, for the account and at the
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expense of Subdivider, and Subdivider's surety shall be
liable to City for any excess cost or damages occasioned
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City thereby; and, in such event, City, without liabilit
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for so doing, may take possession of, and utilize in
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completing the work, such materials, appliances, plant
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and other property belonging to Subdivider as may be
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on the site of the work and necessary therefor.
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20. Notices
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All notices herein required shall be in writing, and de~
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livered in person or sent by registered mail, postage
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prepaid.
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Notices required to be given to City~hall be addressed
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as follows: City Administrator, City Hall, 300 North
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"D" Street, San Bernardino, California 92418.
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Notices required to be given to Subdivider shall be
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addressed as follows:
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The Caldwell Company,
1451 Quail Street, Ste. 212, Newport Beach, CA 92660
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Notices required to be given surety of Subdivider shall
. ,t::/OG"L/ry .,1 ~""#P.J'/T-4N/'-?4Ny
be addressed as follows: c/o James P. Bennett & Co.,
2716 Ocean Park Blvd., Santa Monica, CA 90405
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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
to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed thlS
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~greement on the day and year first above written.
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F'TTEST:
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SUBDIVIDER
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i By .If.
. {J, /,)(t<.. (~e_',-c/-<("",Q
~I ,.,____
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to form:
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~
, By
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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
IVice-president and the Secretary or Assistant Secretary, anc. '-He
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Icorporate seal affixed.
~ust be signed by all partners.
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~oing business under a fictitious name, it must be signed by all
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If the Subdivider is a partnership,
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If the Subdivider is an individual
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ersons having an interest in the business, and the fictitious
26 ame must be signed also. The agreement must be notarized by the
27 ubdivider.
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STATE OF CALIFORNIA
SS.
COUNTY OF ORANGE
,
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On ./v;~/WlbM..-Cf,,)qgJ before me, the undersigned
a Notary Public in and for said State, personally appeared
CHARLES B. CALDWELL, known to me to be the Trustee of the
Charles B. Caldwell 1974 Trust whose name is subscribed to the
within instrument and acknowledged that he executed the same.
WITNESS my hand and official seal.
......~.......................
: OFFICIAL SEAL :
: " KATHY ANN HOFF :
: et. ....:..~. NOTARY PUBLIC - CALIFORNIA.
. '~. PRINCIPAL OFFICE IN :
:.. ORANGF r:Ol1I11TY .
~ My Commission Expires Nov 1, 1981 :
..............................
___~0--f1frvn trl~
Notary Publ~cOin and for id
County and State.
,