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1 RESOLUTION NO. 1,5(t1J'?
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2 A RESOLUTION OF mE MAYOR AND COMMON COUNCIL OF mE CITY OF SAN BERN-
ARDINO AUmORIZING mE EXECUTION OF AN AGREEMENT WIm ROBERT HENERSON FOR
3 mE IMPROVEMENTS IN TRACT NO. 9412 AND APPROVING mE FINAL MAP OF TRACT NO.
9412 AND ACCEPTING AS PUBLIC ALL STREETS AND DEDICATION OF ACCESS RIGHTS TO
4 VISTA DRIVE SHlMN ON SAID MAP WImIN SAID SUBDIVISION AND LOCATED ON NORTH
SIDE OF VISTA DRIVE AND WEST OF CIRCLE DRIVE.
SECTION ONE: RESOLVED BY mE MAYOR AND COMMON COUNCIL of the City of
San Bernardino that the City of San Bernardino enter into and execute an
Agreement with Robert Henderson for the improvements in Subdivision Tract No.
9412 and specifically described and shown on Drawing No. 4971 approved and
on file in the office of the City Engineer, San Bernardino, California, and
the Mayor of said City is authorized to execute said Agreement on behalf of
said City of San Bernardino.
SECTION TWO: RESOLVED BY mE MAYOR AND COMMON COUNCIL of the City of
San Bernardino that the final map of Subdivision Tract No. 9412 located on
North Side of Vista Drive and West of Circle Drive heretofore presented be
and the same is hereby approved and all streets and dedication access rights t
Vista Drive shown on said map within said subdivision, and the same are hereby
accepted as public and the City Clerk shall certify such approval and
acceptance together with the date thereof.
I HEREBY CERTIFY that the foregoing resolution was adopted by the May-
or and Common Council at a meeting held on the
7d
,
day of
,~ ' 197+, by the following vote, to.....it:
AYES: Councilmen ~C~h--$4 ~~
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c:y? -;i:-'~u",Yd
The foregoing resolution is hereby approved this ?_
~ (
'0"'~ . 1977.
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NOES: '/:~z. 7U/
ABSENT: '/}t? ?tU
FILED
"to.
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A G R E E MEN T
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(subdivision improvements)
made and entered into this t:j'S- day of
,
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THIS AGREEMENT is
'- 'lh./,,~ ' 1977-'
.a municipa corporation,
hereinafter referred to as "City", and
by and between the CITY OF SAN BERNARDINO
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Robert Henderson
, hereinafter referred
to as "Subdivider".
R E C I TAL S:
Subdivider has presented to City for approval a final
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subdivision map (hereinafter called "map") entitled "
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Tract No. 9412
"
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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
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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 \dlich are
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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 0" any of
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.
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Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider
irst enter into and execute this agreement with City.
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l This agreement is executed pursuant to the provisions of
the Subdivision Map.Act of the State of California and Ordinance
1110. 1984 of City.
I NOW, THEREFORE, for and in consideration of the approval
f the map and of the acceptance of the dedications or some thereo ,
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herein offered, and in order to insure satisfactory performance
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I~y Subdivider of
~ap Act and said
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ordinance, the parties agree as follows:
Subdivider's obligations under said Subdivision
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1.
Performance of Work
Subdivider will do and perform, or cause to be done and
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performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
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all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
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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.
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2. Work: Places and Grades to be Fixed by Engineer
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All of said work is to be done at the places, of the
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materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
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tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
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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
4.
from the date hereof.
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 Subdivider's surety, and
extensions so granted shall not relieve the sureLy'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
shown to entitle Subdivider to an extension.
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
5.
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and subject to the approval, of the city Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prime tJ) the
commencement of any work to be performed within the
area delineated on the map, a written statement' s1,gned
by Subdivider, and each public utility corporation in-
volved, to the effect that Subdivider has made all
deposits legally required by such public utili~y corpor-
ation for the connection of any and all public 0tili=les
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 pemi ts and licenses for the constt'uction of
such improvements, give all necessary notices and pay
all fees and taxes required by law. Subdivider shall
comply with all provisions of the Subdivislon Map .,<ct
and City Ordinance No. 1984.
8. Superintendence by Subdivider
Subdivider shall give personal superintendf:1'ce to the
work on said improvement, or have a competent foreman
or superintendent, satisfactory to the Ci tj' 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
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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
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to be performed as security for the payment of all
persons performing labor and furnishing materials
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in connection with this agreement; and
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(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-
an tee and warranty of the work for a period of one
(1) year following the completion and acceptance
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labor done, I
a part of th~
thereof against any defective work or
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or defective materials furnished.
As
obligation guaranteed by the security and in addi-
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tion to the face amount of the security, there
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shall be included costs and reasonable expenses
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and fees, including reasonable attorneys' fees
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incurred by City in successfully enforcing the
obligation secured. The type of security furnished
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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 contr&ctor
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, Subch vi.d<.l
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insuranc
for all contractor's or subcontractor's employee."
unless such employees are covered by the protect Lon
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at t!
site of the project is not protected ~nder any
Workmen I S Compensation law, Subdivider shall prO\'.i'iE'
and shall cause each contractor and subcontractor to
P Dvide, adequate insurance for the protection of
employees not otherwise protected. Subdivider shall
indemnify City for any damage resulting to it from
failure of either Subdivider or any contractor cr
subcontractor to take out or maintain such insurar"~e.
b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the lif
of this agreement such public liability and property
damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, ag0nts
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreement
from claims for damages for personal injury, incla-
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 :;d. ~
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $ 100,000.00
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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 $ 300,000.00
on account of anyone
occurrence;
(2) Property Damage Insurance
In an amount not less than $
25,000.00
for
damage to the property of each person on accour,'
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 shull
contain a standard form of cross-liability endorsc-
ment, insuring on such policy City, its electi~0
and appointive boards, commissions, officers, aq,'Cl.f'
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreelncnt.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of t~e
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
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\)1 I-Ill' C,lllccllati')l1 01- rt~dll(.ti(ln in ('()V(,I-d(lt~ (If' ,Ill\'
policy during the effective period ot lhis dyrcl,mcdt
14. Title to Improvements
Title to, and ownership of, all improvements constrClc, "
hereunder by Subdivider shall vest absolutely in Ci t,' .
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 acceptanct
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 c;:'
Subdivider, or any of the work done under this agreel,,~
fails to fulfill any of the requirements of this agr_
ment or the specifications referred to herein, Subd~F,
shall without delay and without any cost to City, r.?..:..,.
or replace or reconstruct any defective or otherw;sc
unsatisfactory part or parts of the work or structurL
Should Subdivider fail to act promptly or in accorda:,,'
with this requirement, or should the exigencies o' t
Subdivider can be notified, City may, at its opt~cn.
make the necessary repairs or replacements or perfor,'.
the necessary work and Subdivider shall pay to City" ,
actual cost of such repairs plus fifteen percent (15.:
16. Subdivider Not Agent of City
Neither Subdvider nor any of Subdivider's agents Gr
tractors are or shall be considered to be agents of Cl _
in connection with the performance of Subdivider's o~
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gatlons 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 otlwr servi~c~
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 c
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 I
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 tho
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 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
written notice of its intention to take over the perfo,:-
mance of the contract, and does not commence perform'lllc~
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:1
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 NortCl
"D" Street, San Bernardino, California 92418.
Notices required to be given to Subdivider shall be
addressed as follows: Robert Henderson
p. O. Box 2121, San Bernardino, CA
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 tIns
agreement on the day and year first above written.
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ATTEST:
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I.c~r .
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SUBDIVIDER
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BykW/~~
By - ,,-JjJ~ /pp () ~Yr.e/
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~">/."" c',. . ""TY !i
"~~~~~~~~-~~'"";~~,:,~.: ,.-~- :~.~ :~'l
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OFFICIAL SEAL
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I ~:'f!?'_~;"::;,}~", NOTl\RY PUU,if': . CltUFOR.!\J1A ,
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INSTRUCTIONS
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If the Subdivider is a corporation, the agreement must be
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xecuted in the corporate name and signed by the President or d
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ice-President and the Secretary or Assistant Secretary, anc.. \..li"
orporate seal affixed. If the Subdivider is a partnership, it
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ust be signed by all partners. If the Subdivider is an individual
oing business under a fictitious name, it must be signed by all
ersons having an interest in the business, and the fictitious
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ame must be signed also. The agreement must be notarized by ~he
ubdivider.
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