HomeMy WebLinkAbout1980-213 i
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RESOLUTION NO. P0 -a13
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1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
2 MAP FOR SUBDIVISION TRACT NO. 10942 LOCATED 150 FEET EAST OF THE
INTERSECTION OF SIXTH STREET AND MOUNTAIN VIEW AVENUE EXTENDING
3 ALONG THE SOUTHERLY SIDE OF SIXTH STREET; AND AUTHORIZING EXECUTION
OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor and Common Council find that proposed Sub-
7 division Tract No. 10942 located 150 feet East of the intersection of
8 Sixth Street and fountain View Avenue extending along the Southerly
9 side of Sixth Street together with the provisions for its design and
10 improvements is consistent with the General Plan of the City of
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San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino is authorized F
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on behalf of said City to execute an agreement with Mountain View
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Associates for the improvements in said Subdivision Tract as are I
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15 required by City Ordinance No. 3847 and the California Subdivision
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16 ;! ,dap Act. Said Improvements are specifically described and shown on
Drawing No. 5782 approved and on file in the Office of the Cite of
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I. San Bernardino.
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SECTION 3. The Final Map of said Subdivision Tract is hereby
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approved. As a condition precedent to approval of the Final Map,
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the subdivider shall first execute the agreement referenced in
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Section 2 hereof for the improvements within said subdivision. The
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City Clerk shall certify the approval and acceptance of the Mayon
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jl and Common Council as set forth in this resolution.
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j I I HEREBY CERTIFY that the foregoing resolution was duly adopted
2 by the Mayor and Common Council of the City of San Bernardino at a
3 _�/t�� meeting thereof, held on the day
4 of 19.?0 , by the following vote, to wit:
5 AYES: CtUNCILMEN
6 -- {,
7 NAYS:
8 ABSENT: OLli�r4 %k�r� / er�
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10
City Clerk
11 The foregoing resolution is hereby approved this
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day of 19
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14 ' f'
15 May& of-the City of San Bernardino
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17 Approved as to form:
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19 1ity tt rney
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1 A G R E E M E N T
2 (subdivision improvements)
3 THIS AGREEMENT is made and entered into this _-19th day of
4 May , 1980 , by and between the CITY OF SAN BERNARDINO
5 a municipal corporation, hereinafter referred to as "City" , and
6 MOUNTAIN VIEW ASSOCIATES hereinafter referred
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to as "Subdivider"
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R E C I T A L S :
9 Subdivider has presented to City for approval a final
10 subdivision map (hereinafter called "map") entitled "
11 Tract 10942
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13 The map has been filed with the City for presentation to
14 the City Council (hereinafter called "Council") of the City for
15 its approval, which map is hereby referred to and incorporated
herein.
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17 Subdivider has requested approval of the map prior to the
18 construction and completion of improvements , including all streets
19 highways or public ways and public utility facilities which are
20 a part of , or appurtenant to, the subdivision (hereinafter called
21 "subdivision") designated in the map, all in accordance with, and
22 as required by, the plans and specifications for all o:= any of
23 said improvements in, appurtenant to, or outside the limits of
24 subdivision, which plans and specifications are now on file in the
25 office of the City Engineer of City,
26 Council has approved said map and accepted the dedications
27 therein offered, or some thereof, on condition that Subdivider
28 first enter into and execute this agreement with City .
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This agreement is executed pursuant to the provisions of
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he Subdivision Map Act of the State of California and Ordinance
3 0. 1984 of City.
4 NOW, THEREFORE, for and in consideration of the approval
5 f the map and of the acceptance of the dedications or some thereof',
b herein offered, and in order to insure satisfactory performance !
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y Subdivider of Subdivider's obligations under said Subdivision
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lap Act and said ordinance , the parties agree as follows :
9 1. Performance of Work
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Subdivider will do and perform, or cause to be done and f
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 herein-
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17 before specified, or with any changes required or
18 ordered by said Engineer, which in his opinion are
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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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23 materials, in the manner, and at the grades , all as
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shown upon the plans and specifications therefor, here-
25 tofore approved by City Engineer and which are now on
26 file in his office, and to the satisfaction of said City
Engineer.
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28 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 24 Months j
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from the date hereof .
3 4 . Time of Essence - Extension
4 + Time is of the essence of this agreement; provided, that
5 I in the event d
� goo cause is shown therefor, the City
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Engineer may extend the time for completion of the
7 improvements hereunder. Any such extension may be
8 granted without notice to the Subdivider 's surety , and
9 extensions so granted shall not relieve the surety 's
to liability on the bond to secure the faithful performance
11 of this agreement. The City Engineer shall be the sole )
12 and final judge as to whether or not good cause has bee.
33 shown to entitle Subdivider to an extension . j
14 5. Repairs and Replacements
i5 Subdivider shall replace , or have replaced, or repair ,
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or have repaired, as the case may be , all pipes and
i7 monuments shown on the map which have been destroyed
18 or damaged, and Subdivider shall replace or have re-
19 placed, repair, or have repaired, as the case may be ,
20 or pay to the owner, the entire cost of replacement or
21 repairs , of an and all
P , y property damaged or destroyed
22 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
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political subdivision thereof , or by the City or by
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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 the City Engineer .
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6 . Utility Deposits Statement
3 Subdivider shall file with the City Clerk , prior to the
4 I commencement of any work to be performed within the
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area delineated on the map , a written statement signed
S b Subdivider, and each
y public utility corporation in-
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volved, to the effect that Subdivider has made all
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deposits legally required by such public utility corpor
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ation for the connection of any and all public utilities
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to be supplied by such public utility corporation
within the subdivision.
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7. Permits : Compliance with Law
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Subdivider shall , at Subdivider 's expense , obtain all
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tS necessary permits and licenses for the construction of
16 such improvements , give all necessary notices and pay
all fees and taxes required by law. Subdivider shall
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l8 comply with all provisions of the Subdivision Map Act
and City Ordinance No. 1984 .
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20 8 . Superintendence by Subdivider
21 Subdivider shall give personal superintendence to the
22 work on said improvement, or have a competent foreman
23 or superintendent, satisfactory to the City Engineer
24 on the work at all times during progress , with authority
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to act for Subdivider.
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26 9. Inspection by City
27 Subdivider shall at all times maintain proper facilities
28 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 .
2 I 10 . Contract Security
3 Concurrently with the execution hereof , Subdivider shall
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furnish to City improvement security as follows :
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(1) An amount equal to at least one hundred percent
of the total estimated cost of the improvements
7 I and acts to be performed as security for the
8 faithful performance of this agreement;
(2) An amount equal to at least fifty y percent of the
10 I total estimated cost of the improvements and acts
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to be performed as security for the payment of all
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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
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of the total estimated cost of the improvements
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and acts to be performed as security for the guar-
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antee and warranty of the work for a period of onq
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(1) year following the completion and acceptance
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thereof against any defective work or labor done ,
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or defective materials furnished . As a part of the
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obligation guaranteed by the security and in addi
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tion to the face amount of the security, there
24 shall be included costs and reasonable expenses
25 and fees , including reasonable attorneys ' fees
incurred by City in successfully enforcing the
27 obligation secured. The type of security furnished
28 shall be in the form of bonds , deposits or letters
of credit as provided in City Ordinance No . 1984
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I and the type shall be at the option of and subject'
2 to the approval of the City Engineer and the City
3 I Attorney.
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4 I 11. Hold Harmless Agreement
5 Subdivider hereby agrees to, and shall , hold City , its
5 elective and appointive boards , commissions , officers ,
7 agents and employees , harmless from any liability for
8 damage or claims for damage for personal injury, inclu-I
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9 ding death, as well as from claims for property damage j
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10 which may arise from Subdivider 's or Subdivider 's con-
11 tractors ' , subcontractors ' , agents ' or employees '
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12 operations under this agreement, whether such operation
13 be by Subdivider or by any of Subdivider 's contractors ,!
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subcontractors , or by any one or more persons directly
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or indirectly employed by, or acting as agent for ,
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Subdivider or any of Subdivider 's contractors or subcon,L
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tractors . Subdivider agrees to, and shall , defend
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City , and its elective and appointive boards , commissio s ,
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officers , agents and employees from any suits or action
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at law or in equity for damages caused, or alleged to
21 �have been caused, by reason of any of the aforesaid
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operations , provided as follows :
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24 a. That City does not, and shall not, waive any rights
25 against Subdivider which it may have by reason of
the aforesaid hold harmless agreement , because of
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27 of the acceptance by City , or the deposit with City
8 by Subdivider, of any of the insurance policies
described in Paragraph 12 hereof .
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I b. That the aforesaid hold harmless agreement by Sub-
2 divider shall aptly to all damages and claims for j
3 damages of every kind suffered, or alleged to
4 have been suffered , by reason of any of the afore-
said op E'ations referred to in this paragraph, re-
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5 gardless of whether or not City has prepared,
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supplied or approved of , plans and/or specification
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for the subdivision, or regardless of whether or
9 not such insurance policies shall have been deter-
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mined to be applicable to any of such damages or
11 claims for damages .
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i2 12. Subdivider 's Insurance
13 Subdivider shall not commence work under this agreement
14 until Subdivider shall have obtained all insurance j
15 required under this paragraph and such insurance shall
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16 have been approved by City Attorney as to form, amount
17 �and carrier, nor shall Subdivider allow any contractor
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or subcontractor to commence work on his contract or
19 subcontract until all similar insurance required of the
20 contractor or subcontractor shall have been so obtained
21 and approved. All requirements herein provided shall
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appear either in the body of the insurance policies or
23 as endorsements and shall specifically bind the insur-
24 ance carrier. i
25 a. Compensation Insurance
26 Subdivider shall maintain, during the life of this
27 agreement, Workmen 's Compensation Insurance for all
28 Subdivider 's employees employed at the site of im-
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1 provement, and in case any work is sublet, Subdivid r
2 shall require any contractor or subcontractor
3 I similarly to provide Workmen 's Compensation Insurance
4 for all contractor 's or subcontractor 's employees ,
5 unless such employees are covered by the protection
6 afforded by Subdivider. In case any class of em-
7 i ployees engaged in work under this agreement at the
8 site of the project is not protected under any
9 Workmen 's Compensation law, Subdivider shall provide
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10 and shall cause each contractor and subcontractor toi
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p nvide , adequate insurance for the protection of
12 employees not otherwise
protected. Subdivider shall
13 indemnify City for any damage resulting to it from
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failure of either Subdivider or any contractor or
15 subcontractor to take out or maintain such insurance
16 b. Public Liability and Property Damage Insurance
17 Subdivider shall take out and maintain during the li e
18 of this agreement such public liability and property
19 damage insurance as shall insure City, its elective
20 and appointive boards , commissions , officers , agents
21 and employees, Subdivider and any contractor or sub-
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contractor performing work covered by this agreement
23 i ur from claims for damages for personal injury,Y, inclu-
ding death, as well as from claims for property
25 damage which may arise from Subdivider 's or any
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27 contractor 's or subcontractor 's operations hereunder , 1
whether such operations be by Subdivider or any
2� contractor or subcontractor ,
or by anyone directly i
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1 or indirectly employed by either Subdivider or arw
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` contractor or subcontractor , and the amounts of suc:ll
3 insurance shall be as follows:
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4 (1) Public Liability Insurance
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5 In an amount not less than $ 100,000.00 t t>x
6 injuries , including, but not limited to, death ,
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to any one person and, subject to the same
8 limit for each person , in an amount not less j
9 than $ 300,000.00 on account of any one
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occurrence ;
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(2) Property Damage Insurance j
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In an amount not less than $ 50,000.00 f or
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damage to the property of each person on accoun�
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of any one occurrence ,
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In the event that any of the aforesaid insurance
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policies provided for in this Paragraph 12 insures
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any entity, person, board or commission other than
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those mentioned in this paragraph , such policy shall '
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contain a standard form of cross-liability endorse-
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ment, insuring on such policy City , its elective
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and a ppointive boards , commissions , officers , agt :I" s 1
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and employees, Subdivider and any contractor or sub- '
contractor performing work covered by this agreement .
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13. Evidence of Insurance
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Subdivider shall furnish City concurrently with the
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execution hereof, with satisfactory evidence of t::e
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insurance required, and evidence that each carrier is
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required to give City at least ten days ' prior notice
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of the cancellation or reduction in coverage of any j
2 policy during the effective period of this agreement .
3 14 . Title to Improvements
4 Title to, and ownership of , all improvements constructed
5 hereunder by Subdivider shall vest absolutely in City,
6 upon completion and acceptance of such improvements by
7 City.
8 15 . Repair or Reconstruction of Defective Work
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If, within a period of one year after final acceptance
i�10 of the work performed under this agreement, any structure
11 or part of any structure furnished and/or installed or
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12 constructed, or caused to be installed or constructed byl
�3 II Subdivider, or any of the work done under this agreement,
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14 fails to fulfill any of the requirements of this agree-
15 ment or the specifications referred to herein, Subdivider i
16 shall without delay and without any cost to City , repair )
17 or replace or reconstruct any defective or otherwise
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18 unsatisfactory part or parts of the work or structures ,
19 Should Subdivider fail to act promptly or in accordance
20 with this requirement, or should the exigencies of the j
21 Subdivider can be notified, City may , at its option,
22 make the necessary repairs or replacements or perforce,
23 the necessary work and Subdivider shall pay to City the
24 actual cost of such repairs plus fifteen percent (15i) .
25 16 . Subdivider Not Agent of City
26 Neither Subdvider nor any of Subdivider 's agents or con-
27 tractors are or shall be considered to be agents of City
28 in connection with the performance of Subdivider 's obli-
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gations under this agreement .
2 17 . Cost of Engineering and Inspection
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3 Subdivider shall pay to City the costs of all permit
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fees for all engineering inspections and other service
5 connected with the City in regard to the subdivision ,
6 Said fees shall be paid prior to commencing any con-
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7 struction.
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8 18 . Notice of Breach and Default
9 If Subdivider refuses or fails to obtain prosecution :. r
10 the work , oz any severable part thereof , with such
11 diligence as will insure its completion within the tim�
12 specified, or any extensions thereof , or fails to obtain
13 completion of said work within such time , or if the
14 Subdivider should be adjudged a bankrupt, or Subdivide
15 should make a general assignment for the benefit of
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16 Subdivider 's creditors , or if a receiver should be
17 appointed in the event of Subdivider 's insolvency , or f
18 Subdivider, or any of Subdivider 's contractors , subconr-
19 tractors , agents or employees , should violate any of tmd
20 provisions of this agreement , City Engineer or City I
21 Council may serve written notice upon Subdivider and S r -
22 divider 's surety of breach of this agreement , or of an
23 portion thereof , and default of Subdivider .
24 19 . Breach of Agreement: Performance by Surety or City
25 In the event of any such notice , Subdivider 's surety
26 shall have the duty to take over and complete the work
27 and the improvement herein specified; provided , however ,
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that if the surety , within five days after the serving
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I upon it of such notice of breach, does not give City
2 written notice of its intention to take over the perforr
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3 mance of the contract, and does not commence performance
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4 thereof within five days after notice to City of such
5 I election, City may take over the work and prosecute the !
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6 same to completion, by contract or by any other method
7 City may deem advisable , for the account and at the
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8 expense of Subdivider, and Subdivider 's surety shall be '
9 liable to City for any excess cost or damages occasione
10 City thereby; and, in such event, City , without liability
11 for so doing, may take possession of , and utilize in I
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completing the work, such materials , appliances , plant
33 and other property belonging to Subdivider as may be
14 on the site of the work and necessary therefor .
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15 I 20 . Notices j
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All notices herein required shall be in writing , and de-I
17 livered in person or sent by registered mail
postage
18 prepaid.
19 Notices required to be given to City shall be addressed
20 as follows : City Administrator, City Hall , 300 North
21 "D" Street, San Bernardino, California 92418 .
22 Notices required to be given to Subdivider shall be `
23 addressed as follows ; Mountain View Associates Attention:
24 Richard A. Lewis, P. 0. Box 670, Upland, CA
91786
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Notices required to be given surety of Subdivider shall
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27 be addressed as follows : Safeco Insurance
17570 Brookhurst St. Fountain Valley, CA 92708
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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
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2 thereafter notices shall be addressed and transmitted
3 to the new address .
4 IN WITNESS WHEREOF , the parties hereto have executed this
5 agreement on the day and year first above written .
6 CITY OF SAN BERNARDINO
ATTEST:
7 By
8 Mayor
City Clerk
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10 SUBDIVIDER: MOUNTAIN VIEW ASSOCIATES
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12 Approved as to form: By
13 By AUTHORIZED AGENT
14 C9,t-'vy--A?t—o rne y --
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18 INSTRUCTIONS
19 If the Subdivider is a corporation, the agreement must be
20 executed in the corporate name and signed by the President or a
21 vice-President and the Secretary or Assistant Secretary , and the
22 corporate seal affixed. If the Subdivider is a partnership , it
must be signed by all partners . If the Subdivider is an individual
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24 doing business under a fictitious name , it must be signed by all
25 persons having an interest in the business , and the fictitious
26 name must be signed also. The agreement must be notarized by the
Subdivider.
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