HomeMy WebLinkAbout10-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject:
Resolution approving Final Map
for Tentative Tract No. 15401-
located on the Southeast corner of
Irvington Avenue and Olive
Avenue.
Dept:
Development Services
OR!GINAl
February 26, 2003
Date:
File No: 11.03; TR 15407
MCC DATE: 03117/2003
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Ma~
Staff Report. Reso" & Map
Phone: 5027
Ward: 5
Contact Person:
Youn H Kim
Supporting data attached:
FUNDING REQUIREMENTS:
Amount: N/A
Source (Ace! No.) N/ A
(Ace! Description) N/A
Finance:
Council Notes:
i2C5c~ 2L:(:<s-lc~
Agenda Item No. In
3/J7j03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tentative Tract No. 15407 located on the southeast corner
of lrvington and Olive Avenues.
Background:
On September 27,2002, the Planning Commission approved Tentative Tract No. 15407, a 110-
lot, single family, residential subdivision. One-hundred seven (107) parcels are to be developed
with single family residential homes. Three of the lots are dedicated for a public park. Lot A
(which does not include Lots 91, 92 and 93) is required to be landscaped, subject to the
approval of the Park, Recreation and Community Services Director, and dedicated to the City.
A fter dedication and acceptance by the city, Lot A will be part of a Landscape Maintenance
District (Note: Reference development Permit III No. 02-31 and 32 for details). The tentative
tract was approved for a period of two years.
The required improvement securities and certificates of insurance have been filed with this
office and the prescribed fees have been paid. The improvement and grading plans have been
prepared and will be approved.
The Final Map has been reviewed and found to be substantially in compliance with the
Tentative Map and the Subdivision Map Act. Therefore, we recommend that the Final Map be
approved.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
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RESOLutION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 15407, LOCATED ON THE SOUTHEAST CORNER OF IRVINGTON
AND OLIVE AVENUES, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
No, 15407, located on the southeast corner of Irvington Avenue and Olive Avenue, together
with the provisions for their design and improvements, is consistent with the General Plan of
the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
said City to execute the standard form of the subdivision improvement agreement with
University Heights Country View Estates, LLC, by Century Crowell Communities, L.P., a
California Limited Partnership and Century Homes Community, a General Partnership, and
Olive Crest LLC, a California Limited Liability Company, for improvements in said
subdivision tract as are required by Title 19 of the San Bernardino Municipal Code and the
California Subdivision Map Act. The time for performance is specified at 24 months. Said
improvements are specifically described and shown on Drawings approved and on file in the
office of Development Services of the City of San Bernardino.
SECTION 3. The Final Map of said subdivision tract is hereby approved and the City
of San Bernardino hereby accepts as public property all dedications within the Subdivision as
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RESOLUTION....APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15407....ACCEPTING THE PUBLIC DEDlCATIONS....AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT....WITH TIME FOR
PERFORMANCE SPECIFIED
shown on said Final Map for streets, alleys (including access rights), drainage and other public
easements. As a condition precedent of approval of the Final Map, the Subdivider shall first
execute the agreement referenced in Section 2 hereof for the improvements within said
Subdivision.
The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
as set forth in this Resolution.
SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
within sixty (60) days of the passage of this Resolution.
III
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28 By: L 1,f~
o
RESOLUTION..,APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15407...ACCEPTING THE PUBLIC DEDICATIONS....AND AUTHORIZING
EXECUTION OF THE STANDARD FORM OF AGREEMENT....WITH TIME FOR
PERFORMANCE SPECIFIED.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on
the _ day of
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABST AIN ABSENT
ESTRADA
LONGVlLLE
MC GINNIS
DERRY
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
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AGREEMENT '.
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(Subdivision J:Japrovements)
'1'HIS AGREBMEN'l' is made and entered into as of this) 'j Ii>
4 day of . ( " f) ',.J " ,
/
BERNARDINO, a Municipal Corporation, hereinafter referred to as
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University Heights Country View Estates. LLC and
01 ive Crest LLC
, 1'9 '} (C.~ by and between the CITY OF SAN
"City", and
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, hereinafter
referred to as "Subdivider".
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RECITALS
A.
WHEREAS, Subdivider has presented to City for
10 approval a final subdivision map (hereinafter called "map")
11 entitled
Tract No. 15407 Lots 1-107
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: and, Lot A
B.
WHEREAS, the map has been filed with the City for
resentation to the City Council (hereinafter called "Council")
f the City for its approval, which map is hereby referred to and
ncorporated herein: and,
C. WHEREAS, Subdivider has requested approval of the map
the construction and completion of improvements,
all streets, highways or public ways and public utility
which are a part of, or appurtenant to, the
ubdivision (hereinafter called "subdivision") designated in the
ap, all in accordance with, and as required by, the Plans and
pecifications for all or any of said improvements in,
ppurtenant to, or outside the limits of subdivision, which Plans
nd Specifications are now on file in the Office of the City
ngineer of the City: and,
AS/mgl [Subdivimp.Agr) 1
eptember 20, 1990
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D.
WHEREAS, Council has approved said map and accepted
3 the dedLcations therein offered, or some thereof, on condition
4 that SubdLvider first enter into and execute this Agreement with
5 the City; and,
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E.
WHEREAS, This Agreement is executed pursuant to the
7 provisions of the Subdivision Map Act of the State of California
8 and Title 19 San Bernardino Municipal Code.
9 NOW THEREFORE, for and in consideration of the approval of
10 the map and of the acceptance of the dedications, or some
11 thereof, therein offered and in order to insure satisfactory
12 performance by Subdivider of Subdivider's obligations under said
13 Subdivision Map Act and said Ordinance, the parties agree as
14 follows:
15 1. Performance of Work. Subdivider will do and perform,
16 or cause to be done and performed, at Subdivider's own expense,
17 in a good and workmanlike manner, and furnish all required
18 materials, all to the satisfaction of the City Engineer of City,
19 the work and improvements ,.,ithin (and/or without) the subdivision
20 to complete the improvements in accordance with the Plans and
21 Specifications on file as hereinbefore specified, or with any
22 changes required or ordered by said Engineer which, in his
23 opinion, are necessary or required to complete the work.
24 2. Work: Places and Grades 'to be Fized by Engineer. All
25 of said work is to be done at the places, of the materials, in
26 the manner, and at the grades, all as shown upon the Plans and
27 specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his office, and to the satisfaction of
BAS/mgl[Subdivimp.Agr] 2
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2 said City Engineer.
3 3. Work: Time for co_encement and Performance. City
4 hereby fixes the time for the completion of said work to be
5 within ~r )11 1l1()(tl1-1-'S from the date hereof.
6 4. Time of Essence - Extension. Time is of the essence of
7 this Agreement; provided that, in the event good cause is shown
8 therefor, the City Engineer may extend the time for completion of
9 the improvements hereunder. Any such extension may be granted
10 without notice to the Subdivider's surety, and extensions so
11 granted shall not relieve the surety's liability on the bond to
12 secure the faithful performance of this Agreement. The City
13 Engineer shall be the sole and final judge as to whether or not
14 good cause has been shown to entitle Subdivider to an extension.
15 5. Repairs and Rep1.acements. Subdivider shall replace, or
16 have replaced, or repair, or have repaired, as the case may be,
17 al1. pipes and monuments shown on the map which have been
18 destroyed or damaged, and Subdivider shall replace, or have
19 replaced, repair, or have repaired, as the case may be, or pay to
20 the owner the entire cost of replacement or repairs, of any and
21 al1. property damaged or destroyed by reason of any work done
22 hereunder, whether such property be owned by the United States,
23 or any agency thereof, or the State of California, or any agency
24 or political subdivision thereof, or by the City, or by any
25 public or private corporation, or by any person whomsoever, or by
26 any combination of such owners. Any such repair or replac.ement
27 shall be to the satisfaction, and subject to the approval, of the
28 City Engineer.
BAs/mgl[Subdivimp.Agr] 3
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6.
uti1ity Deposits - statement.
Subdivider shaU fi1e
with the City C1erk, prior to the commencement of any work to be
performed within the area de1ineated on the map, a written
statement signed by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits 1egally required by such public utility corporation for
the conn~ction of any and a11 public uti1ities to be supplied by
such public utility corporation within the Subdivision.
7.
Permits:
Comp1iance wi 1:h Law.
Subdivider sha11, at
Subdivider's expense, obtain a11 necessary permits and licenses
for the construction of such improvements, give a11 necessary
notices and pay a11" fees and taxes required by 1aw.
Subdivider
sha1l comp1y with a1l provisions of the Subdivision Map Act and
Title 19 San Bernardino Municipa1 Code.
B.
Superintendence by Subdivider.
Subdivider shall give
personal superintendence to the 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 authority
to act for Subdivider.
9.
Inspect~on by C~ty.
Subdivider shall at all times
maintain proper faci1ities and provide safe access for inspection
by City to all parts of the work and to the shops wherein the
24 work is in preparation.
25 10. Contract Security. Concurrent1y with the execution
26 hereof, Subdivider shall furnish to City improvement security as
27 follows:
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(a) An amount equal to at least one hundred percent (lOOt)
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of the total estimated cost of the improvement and
acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the
total estimated cost of the improvements and acts to
be performed as security for the payment of all
persons performing labor and furnishing materials in
connection with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%)
of the total estimated cost of the improvements and
acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year
following the completion and acceptance thereof
against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the
security and in addition to the face amount of the
security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing the
obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of
credit as provided in Title 19 San Bernardino
Municipal Code, and the type shall be at the option of
and subject to the approval of the City Engineer and
the City Attorney.
BAS/mgl[Subdivimp.Agr] 5
September 20, 1990
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2 11. Subdivider's Insurance. Subdivider shall not commence
3 work under this Agreement until Subdivider shall have obtained
4 all insurance required under this paragraph, and such insurance
5 shall have been approved by City Attorney as to form, amount and
6 carrier, nor shall Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 until all similar insurance required of the contractor or
9 subcontractor shall have been so obtained and approved. All
10 requirements herein provided shall appear either in the body of
11 the insurance policies or as endorsements and shall specifically
12 bind the insurance carrier.
13 (a) Workers Compensation Insurance/Employer's Liability
14 Insurance. Subdivider shall maintain, during the life
15 of this Agreement, Worker's Compensation Insurance and
16 Employer's Liability Insurance for all Subdivider's
17 employees employed at the site of improvement, and, in
18 case any work is sublet, Subdivider shall require any
19 contractor or subcontractor similarly to provide
20 Worker's Compensation Insurance and Employer's
21 Liability Insurance for all contractor's or
22 subcontractor's employees, unless such employees are
23 covered by the protection afforded by Subdivider. In
24 case any class of employees engaged in work under this
25 Agreement at the site of the proj ect is not protected
26 under any Worker's Compensation Law, Subdivider shall
27 provide, and shall cause each contractor and
28 subcontractor to provide, adequate insurance for the
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An+AmhA~?n 1000
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2 protection of employees not otherwise protected.
3 Subdivider shall indemnify City for any damage
4 resulting to it from failure of either Subdivider or
5 any contractor or subcontractor to take out or
6 maintain such insurance.
7 (b) Public Liability and Property Damage Insurance.
8 Subdivider shall take out and maintain, during the
9 life of this Agreement, such public liability and
10 property damage insurance as shall insure City, its
11 elective and appointive boards, commissions, officers,
12 agents and employees, Subdivider and any contractor or
13 subcontractor performing work covered by this
14 Agreement from claims for damages for personal injury,
15 (as defined hereunder), including death, as well as
16 from claims for property damage or product liability
17 which may arise from Subdivider I s or any contractor I s
18 or subcontractor's operations hereunder, whether such
19 operations be by Subdivider or any contractor or
20 subcontractor, or by anyone, including, without
21 limitation, agents, employees or independent
22 contractors, directly or indirectly employed by either
23 Subdivider or any contractor or subcontractor, and the
24 amounts of such insurance shall be as follows:
25 (1 ) Public Liability Insurance. In an amount not
26 less than One Million Dollars (Sl,OOO,OOO.OO) for
27 injuries, including, but not limited to, death,
28 to anyone person, and, subject to the same limit
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for each person, in an' amount not less than One
Million Dollars ($1,000,000.00) on account of any
one occurrence; Product Liability Insurance
coverage should be part of the Public Liabili ty
Insurance;
(2) Property Damage Insurance. In an amount not less
than One Million Dollars ($1,000,000.00)
for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 11 insures any
entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain
a standard form of crOSS-liability endorsement,
insuring on such pOlicy City, its elective and
appointive boards, commissions, officers, agents and
employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement.
(3) ~ail Coverage. Insurance coverage, albeit for
public liability or property damage, shall be
written, if possible, on an "occurrence" form
rather than a "claims made" pOlicy. If the
insurance pOlicy .is written on a "claims made"
policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of
one (1) year from completion of the project. All
AS/mgl[Su~~iv~~~:Agr] 8
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2 subcontractors must and shall comply with the
3 same insurance provisions as the contractor( s)
4 and subdivider(s).
5 (4) Personal Injury - Defined. As used herein, the
6 term "personal injury" shall be defined as a hurt
7 or damage to one's person including, without
8 limitation, damage to health, cuts, bruises,
9 broken limbs and/or bones, or the like,
10 disabilities or impairments, including
11 aggravation of existing injuries, on invasion of
12 personal rights, including libel or slander
13 criminal conversation, malicious prosecution,
14 false imprisonment and mental suffering.
15 12. Evidence of Insurance. Subdivider and contractor
16 shall furnish City, concurrently with the execution hereof,with
17 satisfactory evidence of the insurance required, and evidence
18 that City is named and endorsed on the policy as an additional
19 insured. Subdivider and contractor shall also provide City with
20 evidence that each carrier will be required to give City at least
21 ten (10) days prior written notice of the cancellation or
22 reduction in coverage of any POlicy during the effective period
23 of this Agreement.
24 13. Hold Harmless/Indemnification. Subdivider( s) /
25 Developer( s) hereby agree to and shall protect, defend, indemnify
26 and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
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2 liens, demands and cause of action of' every kind and characte
3 including, but not limited to, the amounts of judgments,
4 penalties, interests, court costs, attorney's/legal fees, and all
5 other expenses incurred by the City arising in favor on any
6 party, including claims, liens, debts, demands for lost wages or
7 compensation, personal injuries, including employees of the City,
8 death or damages to property (including property of the City) and
9 without limitation by enumeration, all other claims or demands of
10 every character occurring or in any way incident to, in
11 connection with or arising directly or indirectly, (including
12 from the negligent performance by its officers, employees,
13 agents) from the terms of this Agreement, whether such
14 operations/incidents are caused by contractor, Subdivider or any
15 of contractor/Subdivider's subcontractors, contractors or by any
16 one or more persons directly or indirectly employed by or a.cting
17 as agent for contractor, Subdivider, or anyone of contractor or
18 Subdivider's contractors or subcontractors. Subdivider/Developer
19 shall investigate, handle, respond to, provide defense for and
20 defend any such claims, demand, or suit at the sole expense of
21 the Subdivider/Developer even if the claim or claims alleged are
22 groundless, false or fraudulent. Subdivider agrees to, and
23 shall, defend City, its appointive boards, commissions, officers,.
24 agents and employees from any suits or actions at law or in
25 equity for damages caused, or alleged to have been caused, by
26 reason of any of the aforesaid operations, provided as follows:
27 (8) That City does not, and shall not, waive any rights
28 against Subdivider which it may have by reason of the
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2 aforesaid hold harmless agreement, because of the
3 acceptance by City, or the deposit with City by
4 Subdivider, or any of the insurance pOlicies described
5 in Paragraph 11 hereof.
6 (b) That the aforesaid hold harmless agreement by
7 Subdivider shall apply to all damages and claims for
8 damages of every kind suffered, or alleged to have
9 been suffered, by reason of any of the aforesaid
10 operations referred to in this paragraph, regardless
11 of whether or not City has prepared, supplied or
12 approved of Plans and/or Specifications for the
13 subdivision, or regardless of whether or not such
14 insurance policies shall have been determined to be
15 applicable. to any of such damages or claims for
16 damages.
17 This provision is not intended to create any cause of action in
18 favor of any third party against Subdivider/Developer or the City
19 or to enlarge in any way the Subdivider's/Developer's liability
20 but is intended SOlely to provide for indemnification of the City
21 from liability for damage or injuries to third persons or
22 roperty arising from Subdivider/Developer's performance
23 ereunder.
24 14. '!'itle to llu~...oy_ents. Title to, and ownership of,
25 all improvements constructed hereunder by Subdivider shall vest
26 absolutely in City, upon completion and acceptance of such
27 by City.
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15.
Repa~r or Reconstruct~on of Defect~ve Work.
If,
3 wi th~n a period of one year after final acceptance of the work
4 performed under th~s Agreement, any 'structure or part of any
5 structure furnished and/or ~nstalled or constructed, or caused to
6 be installed or constructed by Subdivider, or any of the work
7 done under this Agreement, fails to fulf~ll any of the
8 requirements of t~s Agreement or the Specifications referred to
9 herein, Subdivider shall, without delay and without any cost to
10 City, repair or replace or reconstruct any defective or otherwise
11 unsat~sfactory part or parts of the work or structure. Should
12 Subdiv~der fail to act promptly or ~n accordance with this
13 requ~rement, or should the exigenc~es of the situation as
14 determ~ned by the City in the exerc~se of its sole discretion
15 require repair, replacement ~r reconstruction before the
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Subdivider can be notified, City may, at its opt~on, make the
necessary repairs or replacements or perform the necessary work,
and Subdivider shall pay to the City the actual cost of such
repairs plus fifteen percent (1St).
16. Subdivider Not Agent of aW. Neither Subdivider nor
any of Subdivider's agents or contractors are, or shall be,
22 considered to be agents of City in connect~on with the
23 performance of Subdivider's obligations under this Agreement.
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17. COst of Engineer:l.ng and l:nspection. Subdivider shall
25 pay to City the costs of all permit fees for all engineering
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inspections and other services connected with the City in regard
to the subdivision. Said fees shall be paid prior to commencing
28 any construction.
AS/mgl[Subdivimp.Agr] 12
eptember 20, 1990
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18. Not~ce of Breach and Defauit. If Subdivider refuses
or fails to obtain prosecution of the work, or 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 wi thin such time, or if the Subdivider
should be adjudged a bankrupt, or Subdivider should make a
general assignment for the benefit of Subdivider's creditors, or
if a receiver should be appointed in the event of Subdivider's
insolvency, or if Subdivider, or any of Subdivider's contractors,
subcontractors, agents or employees, should violate any of the
prov~sions of tMs Agreement, City Engineer or City Council may
serve written notice upon Subdivider and Sub~vider's surety of
breach of tMs Agreement, or of any portion thereof, and default
of Subdivider.
19. Breach of Aqreeaent: 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
19 herein specified; provided, however, that ~f the surety, within
20 five days after the serving upon of such notice of breach, does
21 not give City written notice of its intention to take over the
22 performance of the contract, and does not commence performance
23 thereof within five days after not~ce to City of such election,
24 City may take over the work and prosecute the same to completion,
25 by contract or by any other method City may deem advisable, for
26 the account and at the expense of Subdivider, and Subdivider's
27 surety shall be liable to City for any excess cost or damages
28 occasioned City thereby; and, in such event, City, without
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2 l.iability for so doing, may take possession of, and utilize in
3 completing the work, such materials, appliances, plant and other
4 property bel.onging to Subdivider as may be on the site of the
5 work and necessary therefor.
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20.
Notices. All notices herein required shall be in
7 writing, and delivered in person or sent by registered mail,
8 postage p~epaid.
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(a) Notices required to be given to City shall be
addressed as follows:
City Administrator
City Hall.
300 North "D" Street
San Bernardino, California
92418
(b) Notices required to be given to Subdivider shall. be
addressed as follows:
Century Crowell Santa Rosa, LLc / Olive Crest, LLC
1535 South "0" Street, Ste.
San Bernardlno, CA. 92408
Notices required to be
200 / 343 N. Second Avenue
Upland, CA 917B6
given to surety of Subdivider
(c)
shall be addressed as follows:
Fidelity and Deposit Company of Maryland
30D Saint Paul Place, P.O. Box 1227, Baltimore, I~aryland 21203
Provided that any party or the surety may change such address by
notice in writing to the other party, and, thereafter, notices
shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding
upon and inure to the benefit of each of the parties and their
27 respective legal representatives, successors, heirs and assigns.
28 III
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2 IN WJ:~S WHEREOF, the parties hereto have executed this
3 Agreement on the day and year first above written.
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ATTEST:
CITY OF SAN BERNARDINO
Ci ty Clerk
By:
Judith Valles, Mayor
Ci ty. of San Bernardino
SUBDIVlDER:
Approved as to form
and legal content:
University Heights Country View Estates, u.c. a California Limi~ liability Company
JAMES F. PENMAN,
City Attorney,
By: Century Crowell Communities, LP, a California Limited Parlnmhip. Managing Member
By: Century unities, a Califumia r--d... - G~cralPartncr
By: .~
e t aub, Sr. Vice President
By: L ?~
tl
Olive Crest uc. a California Limited Liability Company
BY' ?-.J)... /Uy __
(/
Felix Robles, Managing Plutncr
INSTRUCTIONS
If 'the Subdivider is a corporation, the Agreement must be
executed in the corpo~ate name and signed -by the President or a.
Vice-President and the Secretary or Assistant Secretary, and. the
corporate seal affixed, If the Subdivider is a partnership; it
must be signed by all partners.
If the Subdivider is an
individual doing business under a fictitious name, it must be
signed by all persons having an interest in the business, and the
The Agreement must be
21 fictitious name must be signed also.
22 notarized.
23
24 STATE OF CALIFORNIA )
25 COUNTY OF . ~ ~ ~ ss.
26 on this ~5~ day of J-. Y""ULMk , 19~, before
e, the undersigned, a Notary P;;b1~ 1.;1 and for said county and
27 tate, ,perso lly appeared . (; PrIU{ WGi ,.)T1LA-v 6 f"\tJ}'
E <-I
28 ersonally known to me (or proved to me on the basis of
atisfactory evidence to be the President, and
AS/mg1[Subdivimp.Agr] 15
D"+DmhD~ 20. 1990
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personally known to me (or proved
satisfactory evidence) to be the
of the corporation that executed
the within instrument, and known
to me to be the persons who
executed the within instrument
on behalf of the corporation
therein named, and acknowledged
to me that such corporation
executed the same, pursuant to
its by-laws, or a resolution of
its Board of Directors.
WITNESS my hand and official seal.
~ ~~'^ ~U~~
No a Signature
AS/mgl[Subd1v1mp.Agr] 16
eptember 20, 1990
to me on the basis of
G CH~ISTY JEAN WilLIAMS
Commission II 1293935 z
I Nolay Public - California !
t San Bernadino County 1
_ _ _ ~~~~1~~
(This area for official seal.)
NOTICE OF SPECIAL MEETING OF THE BOARD OF DIRECTORS
OF CENTURY HOMES COMMUNITIES, A CALIFORNIA CORPORATION
On November 20, 2002, at 10:00 a.m., a Special Meeting of the Board of Directors of Century Homes Communities was
held at the Corporation's office at 1535 So. "D" Street, San Bernardino, California:
SIGNING AUTHORIZATION: RATIFICATION OF PRIOR ACTS
WHEREAS, the Corporation is the general partner of Century Crowell Communities, L.P -, a
California limited partuership ("Century Crowell");
WHEREAS, Century Crowell was fonned for the purpose of acquiring land and developing same
with single family homes;
WHEREAS, the Corporation has determined that it is in the best interests of Century Crowell that
ownership in each Century Crowell project ("Project") be vested in a limited liability company or limited partnership
("Project Entity");
WHEREAS, primary responsibility for management of the Projects has been delegated to the
corporation's Project Managers, who are Kenny Felkel, Marty Butler, Rod Grinberg, Dave Cooper and Chuck Crowell.
RESOLVED, that in connection with the development of any Project, any Project Manager (or
Gary Weintraub as Vice President or Assistant Secretary) is authorized to sign on behalf of the Corporation, as general
partuer of Century Crowell, acting in its capacity as Manager or General Partuer of any Project Entity, and as general
contractor to the Projects, any and all documents in connection with plan checks, pennits, entitlements, and all other
documents relating to city, county, water district and other governmental agency actions respecting the Projects.
RESOLVED, that in connection with the development of any Project, either Gary Weintraub, as
Vice President, or David J. Miller, as Assistant Secretary, signing alone or, if required, either Gary Weintraub, David J.
Miller, together or individually together with any Project Director are authorized to sign on behalf of the Corporation, as
General Partner of Century Crowell, acting in its capacity as Manager or General Partner of any Project Entity, surety
bonds, and all documents relating to same, in connection with the Projects.
RESOLVED, that Dennis Harrison, Tony P. Scimia, or David J. Miller are authorized to sign on
behalf of the Corporation, as general partuer of Century Crowell, acting in its capacity as Manager or General Partner of
any Project Entity and as general contractor to the Projects, all documents as required for the issuance of the DRE Public
Report for the Projects.
RESOLVED, that Dennis Harrison or Tony P. Scimia are authorized to sign on behalf of the
Corporation, as general partuer of Century- Crowell, acting in its capacity as Manager or General Partner of any Project
Entity and as general contractor to the Projects, all Purchase and Sales Contracts, Escrow Instructions, Deeds of Trust,
Notices of Completion and any other documents needed to sell and close escrows on homes in our projects.
RESOLVED, that copies of these Minutes may be provided to any person or public agency
requiring evidence of authorization. ALL SUCH PERSONS OR PUBLIC AGENCIES ARE HEREBY PUT ON
NOTICE THAT ALL AUTHORIZED SIGNATORIES HEREUNDER ARE SIGNING ONLY IN THE
CAPACITIES SET FORTH HEREIN AND ARE NOT INDIVIDUALLY OR PERSONALLY LIABLE FOR ANY
DEBTS OR OBLIGATIONS OF THE CORPORATION, CENTURY CROWELL OR ANY PROJECT ENTITY.
All Directors were present and unanimously consented to the above.
DATE:
November 20, 2002
-p...
. Pavelak, President
I
er,
ecretary
Upa\minutes\corporat\Ot0801_doc
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3 II -o:c, Item #
Vote: Ayes' - 'l Nays..0
Change to motion to amend original documents: F j)C1-L 3
\0
2 co3 (cg
Absent b>-
.,-0 2 'I mG,] nlS
Resolution #
Abstain .~
LInt 5 fiLem l'Il#L.
Reso. # On Attachments:
,/
Contract term: '2..~ {YK1"n-l';
Note on Resolution of Attaclunent stored separately: _
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor:
3-I(l.O~
Date of Mayor's Signature: 3 - \ "1- 0 3
Date ofClerk/CDC Signature: :-) - tlcl-C.> -::>"
DateMemo/Letter Sent for Signature:
-----
60 Day Rermn e ent on 30th day:
90 Day Reminder Letter Sent on 45t
See Attached:
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /'
Parks & Rec.
Code Compliance Dev. Services ./
Police Public Services Water
Notes:
NullNoid After: <<0 D~1.::.15. \ b Cd
By: .-
./
Reso. Log Updated: ~
Seal Impressed: ----
Date Returned: -
Yes ,/ No
Yes No ....L
Yes No~
Yes No L
Yes No r"
EDA
Finance
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: ()Y\
Date: :).- ;)'-\-03
Revised 01/12/01