HomeMy WebLinkAbout1985-299 �1
I RESOLUTION N0 . 85-299
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO . 11407 , LOCATED AT THE NORTH
3 EAST CORNER OF SUN VALLEY DRIVE AND 48TH STREET , ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP ; AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS
4 IN SAID SUBDIVISIONJ , WITH TIME FOR PERFORMANCE SPECIFIED .
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS :
7 SECTION 1 : The Mayor and Common Council find that
8 proposed Subdivision Tract No . 11407 , located at the northeast
9 corner of Sun Valley Drive and 48th Street , together with the
10 provisions for its design and improvements is consistent with the
11 General Plan of the City of San Bernardino .
12 SECTION 2 : The Mayor of the City of San Bernardino is
13 authorized on behalf of said City to execute the standard form
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14 of agreement adopted by Resolution No . 84-8 with Barratt
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Southern California , Inc . , for the improvements in said subdivi -
16 Sion tract as are required by Title 18 of the San Bernardino
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17 Municipal Code and the California Subdivision Map Act . The time
18 for performance is specified at 24 months . Said improvements are
19 specifically described and shown on Drawing No . ' s 6105 and 6790 ,
approved and on file in the Office of the City Engineer of the i
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I City of San Bernardino .
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SECTION 3 : The final map of said subdivision tract is
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hereby approved and the City of San Bernardino hereby accepts as
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public property all dedications within the subdivision as shown
on said final map for streets , alleys , ( including access rights ) ,
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drainage and other public easements . As a condition precedent
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to approval of the final map , the Subdivider shall first execute
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the agreement referenced in Section 2 hereof for the improvements
illi within said subdivision . The City Clerk shall certify the
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I approval and acceptance of the Mayor and Common Council as set
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forth in this resolution .
3 I I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of San
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5 ; Bernardino at a_ regular meeting thereof , held on
6 1� the 5th day of August 1985 , by the following
7 vote , to wit :
8 II AYES : Council Members : F,strada, Reilly, Hernandez .
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9 Marks Ouiel , Strickler
10 NAYS : _ None
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11 ABSENT : Council Member Frazier
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-'City Clerk
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15 The foregoing resolution is hereby approved this 7th
16 1985 .
day of August
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19 Mayor of the city of San -Bernardino
20 Approved as to form :
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22 11
Ci y Attorney
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1 AGREEMENT
2 (subdivision improvements)
3 THT� AGREEMENT is made and entered into this I'1 day of
4 19£x, by and between the CITY OF SAN BERNARDINO
5 a munio. `palocorporation, hereinafter referred to as "City" , and
6 Barratt Southern California, Inc.
a Delaware Corporation hereinafter referred to as
7 "Subdivider" .
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RECITALS :
10 Subdivider has presented to City fo - approval a final sub-
11 division map (hereinafter called "map") entitled " Tract No. 11407
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14 The map has been filed with the City for presentation to the City
15 Council (hereinafter called "Council" ) of the City for its approval ,
16 which map is hereby referred to and incorporated herein.
17 Subdivider has requested approval of the map prior to the con-
18 struction and completion of improvements , including all streets,
19 highways or public ways and public utility facilities which are a part
20 of, or appurtenant to, the subdivision (hereinafter called "subdivision")
21 designated in the map, all in accordance with, and as required by, the
22 plans and specifications for all or any of said improvements in,
23 appurtenant to, or outside the limits of subdivision, which plans and
24 specifications are now on file in the office of the City Engineer of
25 City.
26 Council has approved said map and accepted the dedications
27 therein offered, or some thereof, on condition that Subdivider first
28 enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
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division Map Act of the State of California and Title 18 San Bernardino
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Municipal Code.
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NO.4, THEREFORE, for and in consideration of the approval of the
5 map and of the acceptance of the dedications or some thereof, therein
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offered, and in order to insure satisfactory perforriance by Subdivider
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of Subdivider's obligations under said Subdivision [lap Act and said
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Ordinance, the parties agree as follows :
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1 . Performance of Work
10 Subdivider will do and perform, or cause to be done and
11 performed, at Subdivider's own expense, in a good and
. 12 workmanlike manner, and furnish all required materials ,
13 all to the satisfaction of the City Engineer of City
14 the work and improvements within (and/or without) the
15 subdivision to complete the improvements in accordance
16 with the plans and specifications on file as hereinbefore
17 specified, or with any changes required or ordered by said
18 Engineer, which in his opinion are necessary or required
19 to complete the work.
20 2. Work: Places and Grades to be Fixed by Engineer
21 All of said work is to be done at the places, of the
22 materials , in the manner, and at the grades , all as
23 shown upon the plans and specifications therefor, here-
24 tofore approved by City Engineer and which are now on
25 file in his office, and to the satisfaction of said City
26 Engineer.
27 3. Work: Time for Commencement and Performance
28 City hereby fixes the time for the completion of said
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1 work to be within 24 months
2 from the date hereof.
3 4. Time of Essence - Extension
4 Time is of the essence of this agreement; Provided, that in the
5 event good cause is shown therefor, the City Engineer may extend
6 the time for completion of the improvements hereunder. flnv such
7 extension may be granted without notice to the Subdivider's surety,
8 and extensions so granted shall not relieve the surety's liability
9 on the bond to secure the faithful performance of this agreement.
10 The Citv Engineer shall be the sole and final iudge as to whether
11 or not good cause has been shown to entitle Subdivider to an exten-
12 sion.
13 5. Repairs and Replacements
14 Subdivider shall replace, or have replaced, or repair, or have
15 repaired, as the case may be, all nines and monuments shown on the
16 map which have been destroyed or damaged, and Subdivider shall re-
17 Place er have replaced, repair, or have repaired, as the case may he,
18 or pay to the owner, the entire cost of replacement or repairs , of
19 any and all property damaged or destroyed by reason of any work done
20 hereunder, whether such property be owned by the United States or
21 any agency thereof, or the State of California, or anv agencNi or
22 political subdivision thereof, or by the Citv or by anv nuhlic or
23 private corporation , or by any person whomsoever, or by anv combina-
24 tion of such owners . Any such repair or replacement shall he to the
25 satisfaction, and subject to the anproval , of the City Engineer.
26 6. !Jtility Deposits - Statement
27 Subdivider shall file with the City Clerk, prior to the commencement
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I of any work to be performed within the area delineated on the man,
2 a written statement signed by Subdivider, and each nublic utility
3 corporation involved, to the effect that Subdivider has made all
4 deposits legally required by such public utility corporation for
5 the connection of any and all public utilities to be suprlied by
6 such public utility cornoraticn within the Subdivision .
7 Permits: Compliance with Law
8 Subdivider shall , at Subdivider' s expense, obtain all necessary
9 permits and licenses for the construction of such improvements,
10 give all necessary notices and pay all fees and taxes required by
11 law. Subdivider shall comply with all Provisions of the Subdivi•-
12 sion Map ,Act and Title 19 San Bernardino Municipal Code.
13 8• Superintendence by Subdivider
14 Subdivider shall give personal superintendence to the work on
15 said improvement, or have a competent foreman or Superintendent,
16 satisfactory to the City Engineer on the work at all times during
17 progress, with authority to act for Subdivider.
18 9. Inspection by City
19 Subdivider shall at all times maintain proper facilities and
20 provide safe access for inspection by City, to all harts of the
21 work, and to the shoos wherein the work is in nrenaration .
22 10. Contract Security
23 Concurrently with the execution hereof, Subdivider s f+p.1 ' furr;ish
24 to City improvement security as follows:
25 (1) An amount Fcual to at least one hundred percent of the total
26 estimated cost of the imnrovement and acts to be nerformed as
27 sec=.rity for the faithful performance of this agreement;
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1 (2) An amount equal to at leas-` fifty percent of the total estimated
2 cost of the improvements and acts to be nerformed as security for
3 the payment of all persons Performing labor and furnishing mater-
4 ials in connection with this agreement; and
5 (3) An amount equal to at least twenty-five percent of the total
6 est mated cost of the improvements and acts to be oerfc;rmed as
7 security for the guarantee and warranty of the work for a Period of
8 one ( 1) year following the completion and acceptance thereof against
9 any defective work or lahor done, or defective materials furnished.
10 As a part of the obligation guaranteed by the security and in add-
11 ition to the face amount of the security, there shall be included
12 costs and reasonable expenses and fees, including reasonable
13 attorneys ' fees incurred by City in successfully enforcing the
14 obligation secured. The type of security furnished shall be in the
15 form of bonds, deposits or letters of credit as Provided in Title
16 18 San Bernardino Municipal Code; and
17 the type shall be at the option of and subiect to the anoroval of
18 the City Engineer and the City Attorney.
19 1 Hold Harmless Agreement
20 Subdivider hereby agrees to, and shall , hold City, its elective and
21 appointive boards , commissions, officers, agents and employees , ! c,rrless
22 from any liability for damage or clairAs 1-'or damage for personal injurv,
23 including death, as well as from claims for prouertY damage which may arise
24 from Subdivider' s or Subdivider' s contractors ' , subcontractors ' , agents '
25 or emplovees ' operations under this agreement, whether such operations
26 be by Subdivider or by anv of Subdivider' s contractors, subcontractors,
27 or by and one or more persons directly or indirectly employed by, or
28 acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider acrees to, and shall , defend City, and its
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1 appointive boards , commissions, officers , agents and emnloyees
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2 from any suits or actions at law or in eouity for damages caused,
3 or alleged to have beer caused, by reason of anv of the aforesaid
4 operations, provided as follows:
5 a. That Citv does not, and shall not, waive anv rights acainst
6 Subdivider which it may have by reason of the aforesaid hold
7 harmless agreement, because of the acceptance by City, or the
8 deposit with Citv by Subdivider, or a m, of the insurance Policies
9 described in Paragraph 12 hereof.
10 b. That the aforesaid hold harmless agreement by Subdivider shall
11 apply to all damages and claims for damages of every kind
12 suffered, or alleged to have been suffered, by reason of anv
13 of the aforesaid operations referred to in this paragranh,
14 regardless of whet'^(=r cr not Citv has Prepared, supplied or
15 approved of, nlans and/or snecifications for the subdivision ,
16 or regardless of whether or not su& insurance policies shall
17 have been determined to be applicable to anv of such damages
18 or claims for damages.
19 12. Subdivider's Insurance
20 Subdivider shall not commence work under this agreement until Subdivider
21 shall :havi7- obtained all insurance required under this paragranh and
22 such insurance shall have been approved b1t Citv Attornev as to form,
23 amount and carrier, nor shall `'ubdivider allow any contractor or Suh-
24 contractor to commence ticrk cn rJ s contract or subcontract until all
25 similar insurance required of the contractor or subcontractor shill
26 have been so obtained and aoproved. All requirements herein provided
27 shall appear either in the body of the insurance Policies or as endorse-
28 ments and shall specifically hind the insurance carrier.
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1 a. Compensation Insurance
2 Subdivider shall maintain , during the life of this agreement,
3 Workmen 's Compensation Insurance for all Subdivi,'er' s employees
4 employed at the site of improvement, and in case any work is
5 sublet, Subdivider shall require any contractor or suhcontractor
6 similarlv to provide Workmen' s Compensation Insurance for all
7 contractor's or subcontractor's emplovees , unless such employees
8 are covered by the Protection afforded by Subdivider. In case
9 any class of employees engaged in work under this agreement at
10 the site of the Project is not protected under any Workmen 's
11 C:-mPr:nsEticn Law, Subdivider sh(-All r-revide and shall cause each
_. 12 contractor and subcontractor to provide, adequate insurance for
13 the Protection of employees not otherwise protected. Subdivider
14 shall indemnify City for any damage resulting to it from failure
15 of either Subdivider or any contractor or subcontractor to take
16 out or maintain such insurance.
17 b. Public Liablity and Pro erty Damaqe Insurance
18 Subdivider shall take out and maintain during the life of this
19 agreement such public liability and oronerty damage insurance
20 as shall insure City, its elective and annointive boards , commis-
21 sions , officers, agents and employees, Subdivider a:rd any con.trac-
22 for or subcontractor performing work covered by this agreement
23 from claims for damages for nersonal iniury, includinn death ,
24 as well as from claims for n•ronerty damage which may arise from
25 Sut0,vider's or any contractor' s or subcontractor' s operations
26 hereunder, whether such operatiors he by Subdivider or any
27 contractor or subcontractor, or by anyone directly or indirectly
28 employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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1 (1) Public Liability Insurance
2 In an amount not 'ess than $ 100,000 for
3 injuries, including, but not limited to , death, to anv
4 one Person and, subject to the same limit for each
5 person, in an amount not less than 300,000
6 on account of anv one occurrence;
7 (2) Property Damage Insurance
8 In an amount not less than $ 50,000 for
9 damage to the property of each person on account of anv
10 one occurrence.
11 Ir the event that anv of the aforesaid insurance policies
12 provided for in this Paragraph 12 insures anv entity, person,
13 board or commission other than those mentioned in this nara-
14 graph, such policv shall contain a standard form of cr6ss-
15 liability endorsement, insuring on such policv City, its
16 elective and appointive boards , commissions , officers, agents
17 and employees , Subdivider and any contractor or su�,certractor
18 performing work covered by this agreement.
19 13. Evidence of Insurance
20 Subdivider shall furnish City concurrently with the execution
21 hereof, with satisfactory evidence of the insurance required, and
22 evidence that each carrier is required to give Citv at least ten
23 days prior notice of the cancellation or reduction in coverage of
24 any policy during the effective period of this agreement.
25 14. Title to Improvements
26 Title to, and ownership of, all improvements constructed hereunder
27 by Subdivider shall vest absolutely in Cite, upon completion and
28 acceptance of such improvements by City.
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1 15. Repair or Reconstruction of Defective Mork
2 If, within a period of one year after final acceptance of the
3 work Performed under this agreement, anv structure or nart of anv
4 strrtctore furnished: and/or installed cr constructed, or caused!
5 to be installed or constructed by Subdivider, or anv of the work
6 done under this agreement, fails to fulfill any of the requirements
7 of this agreement or the specifications referred to hereir: , Sub-
8 divider shall without delay and without any cost to Cite, repair
9 or replace or reconstruct anv defective or otherwise urfs<,t sfact-
10 ory part or parts of the work or structure. Should Subdivider
11 fail to act promptly or in accordance with this requirement, or
12 should the exigencies of the Subdivid..r car �e r.ctified, City may at
13 its cpticn, make the necessary repairs or replacements or Perform
14 the necessary work and Subdivider shall pay to City the actual
15 cost of such repairs plus fifteen percent (15%) .
16 16. Subdivider Not Agent of City
17 Neither Subdivider nor anv of Subdivider's agents or contractors
18 are or shall be considered to be z,rents of City in connection �,,i th
19 the Performance of Subdivider's obligations under this agreement.
20 17. Cost of Engineering and Inspection
21 Subdivider shall pay to City the costs of all permit fees for all
22 engineering inspections and ot!�cr serv,:ces ccrnected with the City
23 in regard to the subdivision. Said fees shall be paid prior to
24 commencing any construction.
25 18. Notice of Breach an� Default
26 If Subdivider refuses or fails to obtain prosecution of the work,
27 or any severable part thereof, with such diligence as will insure
28 its completion within the time specified, or anv extensions thi-ro¢,
or fails to obtain completion of said work within such time , or if
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1 the Subdivider should be adjudged a bankrupt, or Subdivider
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2 should make a general assignment for the benefit of Subdivider' s
3 creditors, or if a receiver should be appointed in the event of
4 Subdivieer' s insolvency, or if Sut-..M viler, or any of Subdivider's
5 contractors, subcontractors , agents or employees , should violate
6 any of the provisions of this agreement, City Engineer or City
7 Council may serve written notice upon Subdivider and Subdivider's
8 surety of breach of this agreement, or of any portion thereof,
9 and default of Subdivider.
10 19 Breach of Agreement; Performance by Surety or City
11 In the event of any such notice, Subdivider's surety shall have
12 the duty to take over ar;c complete the wort: and the improvement
13 herein specified; provided, however, that if the surety, within
14 five days after the serving upon if of such notice of breach ,
15 does not give City written notice of its intention to take over
16 the performance of the contract, and does not commence performance
17 thereof within five days after notice to City of such election ,
18 City may take over the work and prosecute the same to completion,
19 by contract or by any other method City may deem advisable, for
20 the account and at the expense of Subdivider, and Subdivider' s
21 surety shall be liable to City for any excess cost or damages
22 occasioned City thereby; and, in such event, City, without liabi-
23 lity for so doing, may take possession of, and utilize in com-
24 pleting the work, such materials , appliances, plant and other
25 property belonging to Subdivider as may be on the site of the
26 work and necessary therefor.
27 20. Notices
28 All notices herein required shall be in writing, and delivered
in person or sent by registered mail , postage prepaid.
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I I Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall , 300 North "D" Street, San Bernardino,
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3 California 92418.
4 Notices required to be given to Subdivider shall be addressed as follows:
5 18022 Cowan Street, Suite 203
6 Irvine, CA. 92714
7 Notices required to be given surety of Subdivider shall be addressed as
8 follows: American Insurance Company, P. 0. Box 1975, Santa Ana, CA 92702
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10 Provided that any party or the surety may change such address by notice in
11 writing to the other party and thereafter notices shall be addressed and
12 transmitted to the new address.
13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14 the day and vear first above written.
15 CITY OF SAN BERNAR�INO
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16 ATTEST:
17 -Mayor
18 J,� /
City Clerk
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SUBDIVIDER
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Approved as to form: By:
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23 By:
City Attorney
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25 .%..2, G'QU.i+a 4.) 5
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27 INSTRUCTIONS
28 If the Subdivider is a corporation , the agreement must be executed in
the corporate name and signed by the President or a Vice-President and the
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1 Secretary or Assistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed by all partners. If the
3 Subdivider is an individual doing business under a fictitious name , it must
4 be signed by all persons having an interest in the business , and the ficti-
5 tious name must be signed also. The agreement must be notarized by the
6 I Subdivider.
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