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RESOLUTION NO. ..I!?/)/' ~
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RESOLutION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO. 9621 ; 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-
division Tract No. 9621
, together with the provisions for
8 its design and improvement, is consistent with the General Plan of the City
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9 of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized
11 on behalf of said City to execute an agreement with
12 Jack R. Widmeyer
13 for the improvements in said Subdivision Tract as are required by City
14 Ordinance No. 1984 and the California Subdivision Map Act. Said improve-
15 ments are specifically described and shown on Drawing No. 5197
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 Tract 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 the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at ~
1j:'~;,ldPV
The foregoing resolution is hereby approve
of lJ)h- hJ/ , 19J7-.
AYES:
NAYS:
ABSENT:
day of
meeting thereof, held on the .-{.-j~
, l~, by the following vote, to wit:
Councilmen ~JZ7~/h-> ~..#"5 /f/'~
.,gWo/j'-, ~~~#.~Lij
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~J.a&4hP di"/
/.;jd day
15 rdino
16 Approved as to form:
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II
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A G R E E MEN T
(subdivision improvements)
kj; AG~::~:
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II!a municipal corporation,
,
made and entered into this /~ri day of
by and between the CITY OF SAN BERNARDINOI
,
hereinafter referred to as "City", and.
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Jack R. Widmever
, hereinafter referred
, to as "Subdivider".
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R E C I TAL S:
I! Subdivider has presented to City for approval a final
Isubdivision map (hereinafter called "map") entitled"
I
Tract No. 9621
"
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 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 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
10. 1984 of City.
NOW, THEREFORE, for and in consideration of the approval
f the map and of the acceptance of the dedications or some thereo ,
herein offered, and in order to insure satisfactory performance
y Subdivider of Subdivider's obligations under said Subdivision
p 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 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 sai~
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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, tha
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 Subdividey's surety, and
extensions so granted shall not relieve the surety's
liability on the bond to secure the faithful performanc
of this agreement. The City Engineer shall be the SOlE
and final judge as to whether or not good cause has bee.
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
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.
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6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
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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 utili~ieB
to be supplied by such public utility corporation
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within the subdivision.
7. Permits: Compliance with Law
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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.
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8. Superintendence by Subdivider
'Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman
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or superintendent, satisfactory to the City Engineer
on the work at all times during progress, with authority
to act for Subdivider.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities
and provide safe access for inspection by City, to all
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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 all
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 one
(1) year following the completion and acceptance
thereof against any defective work or labor done,
or defective materials furnished. As a part of the
obligation guaranteed by the security and in 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 furnished
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.
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, commissions,
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 op~ations referred to in this paragraph, re-
gardless of whether or not City has prepared,
supplied or approved of, plans and/or specifications
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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shall require any contractor or subcontractor
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Subdi v idEllr
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provement, and in case any work is sublet,
similarly to provide
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Workmen's Compensation Insurandr
Or subcontractor's employees. I
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for all contractor's
unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at the
site of the project is not protected under any
Workmen's Compensation law, Subdivider shall providEj
and shall cause each contractor and subcontractor to
P Dvide, adequate insurance for the protection of
employees not otherwise protected. Subdivider shal]
indemnify City for any damage resulting to it from
failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance.
b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the Ii
of this agreement such public liability and property
damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or sub-
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
contractor's or SUbcontractor's operations hereunder,
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 ~Lh'"
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $ 100, oo~ 00 tOl-'
injuries, including, but not limited to, deatl',
to anyone person and, subject to the same
limit for each person, in an amount not less
than $ ~OO.OOO.OO
on account of anyone
occurrence,
(2) Property Damage Insurance
In an amount not less than $25.000.00 .
damage to the property of each person on
for I
accolln1
,
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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 sh~ll
contain a standard form of cross-liability endorse-
ment, insuring on such policy City, its elective
.and appointive boards, commissions, officers, ag.,,,: 5
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agre~ncnt.
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 0'. reduetioni n l"over~lqe of .lnv
policy during the effective period of this agreeme<lt..
14. Title to Improvements
Title to, and ownership of, all improvements constLlC-t '"
hereunder by Subdivider shall vest absolutely in Cit.y.
upon completion and acceptance of such improvements L~
City.
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 struc,-,;,
or part of any structure furnished and/or installed 0-
constructed, or caused to be installed or constructed JJ~'
Subdi vider, or any of the work done under this agreel""',';;
fails to fulfill any of the requirements of this ag-" _"~ ..
ment or the specifications referred to herein, Subdl.c,', ri
shall without delay and without any cost to City, re,c,., ,:
or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or strllctureo,
Should Subdivider fail to act promptly or in accorda;,c=
with this requirement, or should the exigencies o~ '.
Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perforlli
the necessary work and Subdivider shall pay to City HE:
actual cost of such repairs plus fifteen percent (15~).
16. Subdivider Not Agent of City
Neither Subdvider nor any of Subdivider's agents 0L .~L"
tractors are or shall be considerErl to be agents of Ci Lj'
in connection with the performance of Subdivider's 0:': :!,
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qations 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 ,"f
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 agreement, City Engineer or City
Council may serve written notice upon Subdivider and Sut
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 ",.ork
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
written notice of its intention to take over the perfor-
mance of the contract, and does not commence perform3nc~
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 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 de~
livered in person or sent by registered mail, postage
prepaid.
Notices required to be given to City shall be addressed
as follows: City Administrator, City Hall, 300 Nortt)
"D" Street, San Bernardino, California 92418.
Notices required to be given to Subdivider shall be
ad~ressed as follows:
Jack R. Widmever
1391 ? Rig~l~n~ Ave, SAn Bernardino Calif. 92404
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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STATE OF
COUNTY OF
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address by notice in writing to the other party and
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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 tIns
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agreement on the day and year first above written.
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fATTEST:
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,:
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SUBDIVIDER
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By
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.' '~'/'<1/''--- /'
[,~~...-~." ~~~~%.~fo;;v~
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Approved as to form:
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CALIFORNIA
SAN BERNARDINO
-I ~.
ON
before
N ER 7
meJ~~I<un~erSigwnIed, a Notary Public
. DMEYER
in and for said State, personally l;PP::red
OFFICIAL SEAL
PHYLLIS M
NOTARY Fuaue . BEGGS
PRINCIPAL 0-:'-'1 CALIFORNIA
SAN e ~ CE IN
Me. '. ERNARDtNO COUNTY
Y cmmlSSlcn upir'" F b
"" e ruary 15, 1981
~=
to be the perso"-- whos .
d e name ~s kno t
an acknowledged to me that _he_ executed the sam subscribed to the within In;~u~e~:'
WITNESS my hand and off/cial seal. e. .
ACkNOWLEDGMENT G
eneral Wofcotts Fonn 231 .
t::::~o;J""..._ eV.3.64
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ame must be signed also. The agreement mus<- ....~ 0__
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ubdivider.
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