HomeMy WebLinkAbout1981-113 I RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MIAP
FOR SUBDIVISION TRACT NO. 10043 LOCATED ON THE NORTHWEST CORNER OF ETI14ANDA
3 AVENUE AND TERRACE ROAD; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID !MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN
4 SAID SUBDIVISION.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
6
7 SECTION 1 . The Mayor and Common Council find that proposed
8 Subdivision Tract No. 10043, located on the Northwest corner of Etiwanda
9 Avenue and Terrace Road, together with the provisions for its design and
10 improvements is consistent with the General Plan of the City of San Bernardino.
11 SECTION 2. The Mayor of the City of San Bernardino is
12 authorized on behalf of said City to execute an agreement with Triton
13 Homes for the improvements in said Subdivision Tract as are required by
14 City Ordinance No. 3847 and the California Subdivision Map Act.
15
16 SECTION 3. The Final Map of said Subdivision Tract is hereby
17 approved and the City of San Bernardino hereby accepts as public property
18 all dedications and offers of dedications within the subdivision as shown
19 on said Final Hap for streets, alleys, including access rights, drainage
20 and other public easements. As a condition precedent to approval of
21 the Final Map, the subdivider shall first execute the agreement referenced
22 in Section 2 hereof for the improvements within said subdivision. The
23 City Clerk shall certify the approval and acceptance of the "Mayor and
24 Common Council as set forth in this resolution.
25 I HEREBY CERTIFY that the foregoing resolution was duly adopted
26 by the Mayor and Common Council of the City of San Bernardino at ay 41/�
meeting thereof, held on the day of 1
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2$ 1981 , bye'the following vote, to wit: �
l AYES:
2
3 NAYS:
4 ABSENT:
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h
7
City Clerk
8 The foregoing resolution i3 hereby approved this day of
y , 1981 .
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Approved as to form: �
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15 City xt3 Dey" `
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AGREE11ENT
` 2 ! (subdivision improvements)
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THIS AGREEMENT is made and"entered into this day of
199., by and between the CITY OF SAN BERNARDINO
a "municipal corporation , hereinafter referred to as "City" ,P P y and
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Triton Homes
hereinafter referred to as
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i "Subdivider" .
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R E C I T A L S
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Subdivider has presented to City for approval a final sub-
10 y PP
11 � division map (hereinafter call e d
"map" )) entitled 11
'I'r<ut rJl,. Inl) l 3
12
13 II
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
2c1 of, or appurtenant to, the subdivision (hereinafter called "subdivision")
21 designated in the map, all in accordance with, and as required by, the
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2 ' I plans and specifications for all or any of said improvements in ,
23 appurtenant to, or outside the limits of subdivision , which plans and
21 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
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therein offered, or some thereof, on condition that Subdivider first
28 enter into and execute this agreement with the City.
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�I This agreement is executed pursuant to the provisions of
I;the Subdivision Map Act of the State of California and Ordinance
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No . 1984 of City . .
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NOW, THEREFORE , for and in consideration of the approval
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of the map and of the acceptance of the dedications or some ther,
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therein offered , and in order to insure satisfactory performance
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by Subdivider of Subdivider ' s obligations under said Subdivisio:-
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Map Act and said ordinance , the parties agree as follows :
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1 . Performance of Work
10 IISubdivider will do and perform, or cause to be done aj
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performed, at Subdivider 's own expense , in a good and
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workmanlike manner , and furnish all required material!
13 all to the satisfaction of the City Engineer of City
14 the work and improvements within (and/or without) the
IS
subdivision to complete the improvements in accordance
16 with the plans and specifications on file as herein-
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 .
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
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shown upon the plans and specifications therefor , here
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tofore approved by City Engineer and which are now on
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file in his office, and to the satisfaction of said Ci
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Engineer.
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3 . Work : Time for Commencement and Performance
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City hereby fixes the time for the completion of said
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work to be within 24 mcHhs
from the date Hereof .
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4 . Time of Essence ---Extension
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Time is of the essence of this agreement ; provided , t�
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in the event good cause is shown therefor , the City
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i Engineer may extend the time for completion of the
7 I improvements hereunder . Any such extension may be
' granted without notice to the Subdivider 's surety , and
y I extensions so granted shall not relieve the surety '',i
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liability on the bond to secure the faithful performan
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of this agreement . The City Engineer shall be the sol
12 and final judge as to whether or not good cause has be
13 shown to entitle Subdivider to an extension .
14 5 . Repairs and Replacements
�Ii 1' � Subdivider shall replace , or have replaced , or repair ,
16 l�I
i or have repaired , as the case may be , all pipes and
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II monuments shown on the map which have been destroy el
18 j or damaged, and Subdivider shall replace or have re-
!� placed, repair , or have repaired , as the case may be ,
'10 �Ior pay to the owner , the entire cost of replacement or
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21 repairs , of an and all
p y property damaged or destroyed
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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 b the i b
y City o r y
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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 , o f the City Engineer .
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I� 6 . Utility Deposits - Statement
Subdivider shall f-ile with the City Clerk , prior to th(
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commencement of any work to be performed within the
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area delineated on the map , a written statement signed
by Subdivider , and each 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 corpo:
ation for the connection of any and all public utilit
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to be supplied by such public utility corporation.
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within the subdivision .
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13 7 . Permits : Compliance with Law
14 Subdivider shall , at Subdivider 's expense , obtain all
necessary permits and licenses for the construction of
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li such improvements , give all necessary notices and pay
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all fees and taxes required by law . Subdivider shall
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11� comply with all provisions of the Subdivision Map Act
and City Ordinance No . 1984 .
i 8 . Superintendence by Subdivider
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�I Subdivider shall give personal superintendence to the
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work on said improvement , or have a competent foreman
or superintendent , satisfactory to the City Engineer
on the work at all times during progress , with authorit
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to act for Subdivider .
9 . Inspection by City
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Subdivider shall at all times maintain proper facilitio
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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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j' is in preparation .
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10 , Contract Securit
Concurrently with the execution hereof , Subdivider sha
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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
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of the total estimated cost of the irlprovei,.i nt�'
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�ppAI& and acts to be performed as security for the
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-c2LA51000 faithful performance of this agreement ;
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(2) An amount equal to at least fifty percent of tine
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total estimated cost of the improvements and acts
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to be performed as security for the payment of al.
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507c,
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 t,,:enty-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 on(
(1) year following the comLlet_ion 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 f t
p o t:
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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
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shall be included costs and reasonable expenses
and fees , including reasonable attorneys ' fees
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incurred by City in successfully enforcing the
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obligation secured . The type of security furnishe
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shall be in the form of bonds , deposits or letters
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of credit as provided in City Ordinance No . 1984
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II. and the type shall be at the option of and subject
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it to the approval of the City Engineer and the City
Attorney .
i y .
4 11 . Bold Harmless Agreement
5 Subdivider hereby agrees to , and shall , hold City ,, its
6 elective and appointive boards , commissions , officers ,
7 agents and employees , harmless from any liability for
8 damage or claims for damage for personal injury ,y , inclu-
9 I ding death, as well as from claims for property damage
10 I which may arise from Subdivider 's or Subdivider ' s con-
11 tractors ' , subcontractors ' , agents ' or employees '
12 operations under this agreement , whether such operations
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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j or indirectly employed by , or acting as agent for ,
Subdivider or any of Subdivider 's contractors or subcon-
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tractors . Subdivider agrees to , and shall , defend
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�I City , and its elective and appointive boards , commission
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I� officers , agents and employees from any suits or actions
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at law or in equity for damages caused , or alleged to
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have been caused , by reason of any of the aforesaid
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operations , provided as follows :
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a That City does not , and shall not , waive any rights
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against Subdivider which it may have by reason of
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the aforesaid hold harmless agreement , because of
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27 of the acceptance by City , or the deposit with City
by Subdivider , of any of the insurance policies
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described in Paragraph 12 hereof .
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d
it
b. That the aforesaid hold harmless agreement by Sub-
divider shall apIly to all damages and cl-tims for
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damages of every kind suffered , or alleged to
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have been suffered , by reason of any of the afore-
5 I said operations referred to in this paragraph , re-
gardless of whether or not City has prepared ,
7 supplied or approved of , plans and/or specifications
8 for the subdivision , or regardless of whether or
9 not such insurance policies shall have been det,Lr-
mined to be applicable to any of such damages or
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claims for damages .
l2 12 . Subdivider 's Insurance
13 Subdivider shall not commence work under this agreement
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until Subdivider' shall have obtained all insurance
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IS I� required under this paragraph and such insurance shall
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have been approved by City Attorney as to form, amount
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and carrier , nor shall Subdivider allow any contractor I
II or subcontractor to continence work on his contract or
subcontract until all similar insurance required of the
20 contractor or subcontractor shall. have been so obtained
and approved . All requirements herein provided shall
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I appear either in the body of the insurance policies or
as - endorsements and shall specifically bind the insur-
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ance carrier .
25 I a . Compensation Insurance
26 Subdivider shall maintain , during the life of this
27 agreement Workmen 's Compensation s tion Insurance for all
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Subdivider 's employees employed at the site of im-
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provement , and in case any :.ork is sublet , Subdivider
Ij shall require any contractor or subcontractor
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similarly to grovide Workmen ' s Compensation Insurance
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for all contractor ' s or subcontractor ' s s em love
P e--
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Ii unless such employees are covered by the protection
6 afforded by Subdivider . In case any class of em-
7 ployees engaged in work under this agreement at t.'ie
8 site of the project is not protected under any
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Workmen ' s Compensation law , Subdivider shall provi, e
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i and shall cause each contractor and 'subcontractor to
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p wide , adequate insurance for the protection of
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employees not otherwise di
rotected . Subdivider p u vide
z shal] �
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indemnify City for any damage resulting to it from
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i failure of either Subdivider or any contractor or
ii subcontractor to take out or maintain such insurance ,
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b, Public Liability and Property Damage Insurance
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Subdivider shall take out and maintain during the lir
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of this agreement such public liability and property
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damage insurance as shall insure City , its elective
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and appointive boards , commissions , officers , agents
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II and employees , Subdivider and any contractor or sub-
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i' contractor performing work covered by this agreement
from claims for damages for personal injury , inclu-
24
ding death , as well as from claims for property
damage which may••arise from Subdivider 's or any
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contractor 's or subcontractor 's operations hereunder ,
27 whether such operations be by Subdivider or any
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contractor or subcontractor , or by anyone directly
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or indirectly empLoyed by either Subdivider or ai,},
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contractor or subcontractor , and the amounts of
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insurance shahl be as follows :
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(1) Public Liability Insurance
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In an amount not less than
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II injuries , including , but not limited to , dea d_
7 IIto any one person and , subject to the same
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limit for each P erson , in an amount not less 1
y
than $;��u, n����.nn on account of any one
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occurrence ;
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(2) Property Damage Insurance
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In an amount not less than $ 5i :oo. :��i for
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damage to the property of each person on accourL
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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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I any entity , person , board or commission other than
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those mentioned in this paragraph , such policy shall
it contain a standard form of cross-liability endcrse-
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i ment , insuring on such policy City , its elective
21 iIand appointive boards , commissions , officers , agI-nts
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and employees, Subdivider and any contractor or sub-
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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;ie
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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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li of the cancellation or reduction in coverage of any
I�u policy during the effective period of this aJ reeme,it ,
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14 . Title to Iinprovem,.nts
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Title to P P
and ownership of all improvements constructed
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hereunder by Subdivider shall vest absolutely in City,
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upon completion and acceptance of such improvements by
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City .
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15 . Repair or Reconstruction of Defective Work
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If within a period of one year after final acceptance
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of the work performed under this agreement , any structui
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gati.ons under this agreement .
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17 . Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit
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fees for all engineering inspections and other services
5 connected with the City in regard to the subdivision .
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Said fees shall be paid prior to commencing any con-
7 I struction .
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18 . Notice of Breach and Default
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If Subdivider refuses or fails to obtain prosecutibn of I
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the work , ox any severable part thereof , with such
11 i diligence as will insure its completion within the time
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specified , or any extensions thereof , or fails to obtain
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completion of said work within such time , or if the
14 Subdivider should be adjudged a bankrupt , or Subdivider
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should make a general assignment for the benefit:i 9 ens. i t of
g
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Su divider s creditors ,
or if a receiver h '
i er s ould be
17 appointed in the event of Subdivider 's insolvency ,, or if,
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Subdivider , or any of Subdivider ' s contractors , subcon- 1
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I tractors , agents or employees , should violate any of tho
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provisions of this agreement , City Engineer or City
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Council may serve written notice upon Subdivider and SuL, _
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divider ' s surety of breach of this agreement , or of any
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portion thereof , and default of Subdivider .
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19 Breach of
Agreement : Performance by Surety or City
25 In the event of any such notice , Subdivider 's surety j
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shall have the duty to take over and complete the work
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and the improvement herein specified ; provided , however ,I
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that if the surety , within five days after the serving
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upon it of such notice of breach , does not give C.i.t%l
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written. notice of its intention to take over the perfcr- 1
3 mance of the contract , and does riot commence per forakancel
4 thereof within five days after notice to City of such
5 election , City may take over the work and prosecute they
6 same to completion , by contract or by any other method
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City may deem advisable , for the account and at the
$ expense of Subdivider , and Subdivider 's surety small be
9 liable to City for any excess cost or damages occasioncJ
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10 ( City thereb y ; and , in such event , City , without liability I
11 for so doing , may take possession of , and utilize in
12 completing the work , such materials , appliances , plant
13 and other property belonging to Subdivider as may be j
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14 i on the site of the work and necessary therefor .
15 20 . Notices
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16 ! All notices herein required shall be in writing , and de-
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livered in person or sent by registered mail , postage
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prepaid . I
19 Notices required to be given to City shall be addressed
20 i as follows : City Administrator , City hall , 300 N()rLil
21 i "D" Street , San Bernardino , California 92418 .
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Notices required to be given to Subdivider shall be
23 : addressed as follows :
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Notices required to be given surety of Subdivider shall
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be addressed as follows : l,en Miller and Associates,
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j 1,8121 Irvine Roulevzrd, Tustin, California 92680
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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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thereafter notices shall be addressed and transmittea
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to the new address .-
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IN WITNESS WHEREOF , the parties hereto have executed this
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agreement on the day and year first above written .
6 CITY OF SAN BERNARDINO
7
TTEST :
8 ay
9
ity Cler
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11 SUBDIVIDER
12 Approved as to form: By
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14 � By
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18 INSTRUCTIONS
19 If the Subdivider is a corporation , the agreement must be
20 lexecuted in the corporate name and signed by the President or a
21 nnA t11P Secretary or Assistant Secretary , anct
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STATE OF CALIFORNIA ) i
COUNTY OF Orange } SS.
n On _February 17, 1981 ) j1
before me, the undersigned, a Notary Public in and for said Count\
and State, personally appeared Milton J Chasi n, FOR NOTARY SEAL OR STAMP
j Don Hanson, Gale sparing ana j
a
0. Joe BYO .r ma =uuxuurerrmuuummrm0°1°10uuuuunnunnuuuunnnumuuuunuu1y
w
known to me = OFFICIAL SEAL
= DEBORAH S. LANE
to be the Partne-r.9 XX *k }Mpf the partnership
ri NOTARY PUBLIC CALIFORNIA
athat executed the within instrument, and acknowledged to me that = °' PRINCIPAL OFFICE IN
Ai such partnership executed the same. ORANGE COUNTY
a My Commission Expires Sept. 15, 1981
r uwmmNlunumuuuluemnlalnnamnuauLniiauunounrmnurxmwnwn
y
t? Signature
coa I
e Deborah s T.ane
y y Name (Typed or Printed)
Notary Public in and for said County and State
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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 this
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agreement on the day and year first above written .
6 CITY OF SAN BERNARDINO
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ATTEST :
8 ay
9 1�%it&yCleirk
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11 SUBDIVIDER
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Approved as to form: By
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14 j� �'7 i� By
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INSTRUCTIOPIS
19 1 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 , an(� :a
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22 corporate seal affixed . If the Subdivider is a partnership , iL
23 must be signet] by all partners . If the Subdivider is an individual)
24 !doing business under a fictitious name , it must 1Ze signed by all
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25 ;persons] having an interest in the business , and the fictitious
26 (name must be signed also . The agreement must be notarized by the
27 Subdivider .
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