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RESOLUTION NO. Lf? /} 1, ?
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO. 9786 ; ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; 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:
SECTION 1. The Mayor and COllllllOn Council find that proposed Sub-
9786
, together with the provisions for
division Tract No.
8 its design and improvement, is consistent with the General Plan of the City
9 of San Bernardino.
10 SECTION 2. The Mayor of the City of San Bernardino is authorized
11 on behalf of said City to execute an agreement with
12 Hillcrest Terrace Limited
13 for the improvements in said Subdivision Tract as are required by City
14 Ordinance No. 1984 and the California Subdivision Map Ac t. Said improve-
15 ments are specifically described and shown on Drawing No. 5179
16 approved and on file in the Office of the City Engineer of the City of
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San Bernardino.
SECTION 3. The Final Map of said Subdivision Trac t is hereby
19 approved and the City of San Bernardino hereby accepts as public 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 subdivider 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 COllllllOn Council as set forth in this resolution.
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I HEREBY CERTIFY that thr foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at ~
Cl'!1:,4,..L ;.,},0/1.0/
kiJ v/'~hA/'
day of
meeting thereof, held on the /:?~
AYES:
, l~, by the following vote, to wit:
Councilmen ~..i~~/..t...; ~~j, ~~<:..
~-'.-.'~>, ::tL~.4..{~.N L /AJ
~f
NAYS:
ABSENT: L'Ad/'d"'Ad/ ~
~/4(..I~:ri!
Cit~erk
The foregoing resolution is hereby approved this ;I~~ day
of dll#',,~k4 , 19#-.
Approved as to form:
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~ity A orney
FILED
DEe 161977
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AGREEMENT
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(subdivision improvements)
\' , iJTRIS AGRDMEN, '1' is made and entered into this (Sd day of
~,,~ , 197.J-, by and between the CITY OF SAN BERNARDIN
la municipal corporation, hereinafter referred to as "City", and,
Hillcrest Terrace Limited , hereinafter referred
to as "Subdivider".
R E C I TAL SI
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Subdivider has presented to City for approval a final 0
aubdiv~sionmap (hereinafter called "map") entitled "
Tract No. 9786
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The map has been filed with the City for presentation to
th8 City Council (hereinafter called "Council") of the City for
its approval, which map is hereby referred to and incorporated
herein.
Subdivider haa 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
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as required by, the plans and speCifications for all o~ any of
said improvementlil in, appurtenant to, or outside the limits of
subdivision, which plans and specifications are now on file in th
office of the City Engineer of city.
Council has approved said map and accepted the dedicationa
therein offered, or some thereof, on condition that Subdivider
firat enter into and execute thia agreement with City.
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This agreement is executed pursuant to the. provisions of
the Subdivision Map'Act of the State of California and Ordinance
1984 of City.
NOW, THEREFORE, for and in consideration of the approval
map and of the acceptance of the dedications or some thereo ,
and in order to insure satisfactory performance
y Subdivider of Subdivider's obligations under said Subdiviaion .
p Act and said ordinance, the parties agree aa followa.
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
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workmanlike manner, and furnish all required materialat
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 chanqes required or
ordered by said Engineer, which in his opinion are
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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 aaid City
Engineer.
3.
Work: Time for Commencement and Performance
City hereby fixes the time for the c~led.on of aaiel.
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work to be within 2 years
from the date hereof.
4. Time of Essence - Extension
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Time is of the essence of this agreement; provided, t
in the event good cause is shown therefor, the city
Engineer may extend the time for completion of the
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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 performan
of this agreement. The City Engineer shall be the sole
and final judge as to whether or not good cause 'Rasbe
shown to'entitle Subdivider to an extension',
s~ Repairs and Replacements
Subdivider shall replace, or have replaced, or repair,
or have repaired, as the case may be, 'all pipes and
monuments shown on the map which have been destroyed
or damaged, and Subdivider shall replace or have re-
placed, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or
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repairs, of any and all property damaged or destroyed
by reason of any work done hereunder, whether such
property be owned by the pnited 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 lJe.to the satisfaction
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and subject to the approval, of the City Engineer.
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'6.
Utility Deposits
Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed wi, thin 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
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deposits legally required by such public utility corpor-
at ion for the connection of any and all public utiliti..
to be supplied by such public utili ty c:orp~ation ':
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within the subdivision~
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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, s~all
com~ly with all provisions of the Subdivision Map ACt
."d,.City Ordinance No. 1984.
8. Superintendence by Subdivider
"Subdivider shall give personal superintendence to the,
wor~ on said improvement, or have a competent foreman
or superintendent, satisfactory to the City Engineer
on'the work at all times during proqress"with .uthority
to act for subdivider.
9. Ins~ection by City
Subdivider shall at all times maintain proper facilities
and provide safe access for inspection by~ity, to all
parts of the work, and to the shop. 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
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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 pergeht 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 materials
in connection with this agreementl 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 furnishe
shall be in the form of bonds.. dePosits or letters
of credit as provided in Cit~ Ordinance No.l984
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and the type shall be at the option of and subject .
to the approval of the CityEnqine~r 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 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,
Subdivide~ or any of Subdivider's contractors orsubcon-
tractors. Subdivider agrees to, and ahall, 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 righta
against Subdivider which it may have by reason of
the aforesaid hold harmless agreement, because of
of the acceptance by City, or the depoait with City
by Subdivider, of any of the insurance polici..
described in Paraqraph 12 hereof.
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'b. That the aforesaid hold harmless agreement by Sub-
divider shall aplly 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 op~ations referred to in this paragraph, re-
gardless of whether or not City has prepared,
su~plied or approved of, plans and/or specification.
for the subdivision, or regardles~ 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 hind the insur-
ance carrier.
a. Compensation Insurance
Subd~vider 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~'
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation lnsurand
for all cOntractor's or subcontractor's employees, .
unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployeesengaged in work under this agreement at the
site of the project is not protected under any
Workmen's Compensation law, Subdivider shall provid~
and shall cause each contractor and subcontractor to
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or indirectly employed by either Subdivider or allY
contractor or subcontractor, and the amounts of lI\1d\
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $ 100.000.00 fo..'
injuries, including, but not limited to, de~th,
to anyone person and, subject to the same
limit for each person, in an amount not les8
than $' 'i00.000.00
occurrence;
on account of anyone
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01 1'111' cancellation 01" rflullcti.on ill \'OVcrilgc or .1nV
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policy during the effective period of this agreumelll.
14. Title to Improvements
Title to, and ownership of, all improvements constr~~t~(
hereunder by Subdivider shall vest absolutely in CH,i,
upon completion and acceptance of such improvements b~
City,
15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptan~.
of the work performed under this agreement, any struc\.I.;'.
or part of any structure furnished and/or installed ,,:.
constructed, or caused to be i,nstalled or constructed 01'
Subdivider" or any of the work done under this agreeJ:.eil~"
fails to fulfill any of the requirements of this ag~~~-
ment or 'the specifications referred to herein, Subdi\'..':'"
shall without delay and without any cost to City, re~~ir
or replace or reconstruct any defective or,otherwise
unsatisfactory part or parts of the work or structur~.
Should Subdivider fail to act promptly or in accordanc.
with this requirement. or should the exigencies OT. t "iii
Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perforni
, the necessary work and Subdivider shall pay to City ',ne
actual cost of such repairs plus fifteen percent (1St).
16. Subdivider Not Agent of City
Nei ther Subdvider nor any of Subdivider's agents ,c.r '_"C:-
tractors are or shall be considered to be agents of Cit~
in connection with the performance of Subdivider's OU.i,1"
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qatioJ'lS under this aqreement.
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 ,~e
the work, 0 r 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 agreemeJ'lt, 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. day. after the ..rving
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upon it of such notice of breach, does not give City
written notice of its intention to take over the perfor-
mance of the contract, and does not commence perform~nce
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 occasioned
City thereby; and, in such event, City, without liability
for so doing, may take possession of, and utilize in
.completing the work, such materials, appliances, plant
and other ~operty belonging to Subdivider as may be
on the site of the work and necessary therefor.
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20. Notices
All notices herein required shall be in writing, andde~
livered in person or sent by regiatered mail, poatage
prepaid.
Notices required to be given to City shall be addressed
as follows: City Administrator, City Hall, 300 North
"0" Street, San Bernardino, California 92418.
Notices required to be given to Subdivider shall be
adliresseq as follows: Hillcrest Terrace, Ltd.
22930 Crenshaw Blvd., Torrance, CA 90505
Notices required to be given surety.of Subdivider shall
be addressed as follows:
., A1 'RA....1c~"r _ 'Rnn~.
685 So. Carondelet. Los Angeles, CA
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.
IN WITNESS WHEREOF, the parties hereto have executed th1S
agreement on the 'day and year first above written.
ATTESTl
STAff OF CALIFORNIA
}"
COUNTY OF Orange
On NovemblK. 22~7
--, be/ore me,
said Slate. personally appeared_1-l~J::Y..,gy 'CharnoJE!!<:Y
known to me to be the_.
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the undersigned, a Notary Public in and (or
known to me to be the
President, and__
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Secretary of the corporation that executed the within instrument,
and known to me to be the persons who executed the within
instrument on behalf of the corporation therein named, and ac-
knowledged to me that such corporiltion executed the within
instrument pursuant to its by-laws or a resolution of its board of
STATE OF CALIFORNIA
}"
COUNTY OF Ora-.n&e___
On Novembel: 22 ,---19?7
before me, The undersigned,
said State. personally appeared___J{.g.rvev ,Charq..91.~ltY'~~__
known to me to be the ___~_
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a Notary Public in and for
known to me to be the
President, and__
_____secretary of the corporation that executed the within instrument,
and known to me to be the perso;ns who executed the within
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instrument on behalf of Ihe. c,orporation therein named, and ac-
knowledged to me that such corporation executed the within
instrument pursuant to its by-laws or a resolution of its board of
directors.
WITNESS my hand and official seal.
J
Signature
~.Lf,~ ~<~~
Sue B. Barringer
Name (Typed or Printed)
{This area for official notarial seall
.............................~
: O' OFFICIAL SEAL ·
+ ,/""'1"" SUE B, BARRINGER :
: ;~~~~; NOTARY PUBLIC CALIfORNIA:
q ; q~fit PRINCJPAL OFFICE I.N .
. ORANGE COUNTY .
: My Commission Expires Oct 17, 1978 :
..............................
fment must
be
sident or, ..'I
ary, and l.ne
nership, it
s an individua
igned by all
fictitious
adzeel by the
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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.
IN WITNESS WHEREOF, the parties hereto have executed th18
agreement on the 'day and year first above written.
ATTEST:
SUBDIVIDER,
d .. t,~. ~~ c0
'1c;r~
By
By
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
xecuted in the corporate name and signed by the President or, a
ice-President and the Se,cretary or Assistant Secretary, and tile
orporateseal affixed. If the Subdivider is a partnership, it
ust be signed by all partners. If the Subdivider is an individua
oing business under a fictitious name, it must be signed by all
ersons having an interest in the business, and the fictitious
signed also. The agreement must be notarized by the
ubciivider. -,
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