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HomeMy WebLinkAbout11-Development Services , CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Resolution approving Final Map C,;"'. ., .'L for Tentative Tract No. 16~25 lo~ated at ii", 11' the Southeast Corner of Hill Dnve and -'.6' . Third Avenue. Dept: Development Services Date: February 12, 2002 File: 11.03 MCC Date: March 4,2002 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution. James Funk Contact person: Youn H. Kim Phone: 5027 Supporting data attached: Staff Report, Map, Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: (Acc!. No.) N/A (Acc!. Description) N/ A Finance: Council Notes: vc&,>'* 2C02-- 6~ Agenda Item No. /I :3JA/lo~ , . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject Resolution approving Final Map for Tentative Tract No. 16225 located at the Southeast Comer of Hill Drive and Third A venue. Back2round: The Planning Commission on June 19, 2001 approved Tentative Tract No. 16225, which is a 5 lot single family residential subdivision. The required improvement securities and certificates of insurance will be filed prior to the council meeting of March 4, 2002 and the prescribed fees will be paid prior to recordation of the Final Map. 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: Staff recommends that the Mayor and Common Council adopt the Resolution. . City of San Bernardino, California Department of Public Works, Division of Engineering VICINITY MAP For Tentative Tract Map 16225 546 r ~ ~ ~ co v ~ ~I ~ ~ ~ !It 0 z . /JfJ(J ii~TA'ft "no u 0lr.ST aIL ~ . ~ sunCU5~ i 15= m. a. i gjllllOC<< HILL :r:.... DR. IIIl ll: l!l '" co 5! r -- , .. " 6~~ ~~Q ~ v;:,:::; CHERR''i :$ ... iI! iI! 481H ~.1 ~ ~ .. ~ lIE lei: . Sf PROJECT LOCATION ~ N. T.S. e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~(Q)~\7 l RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 16225, LOCATED AT THE SOUTHEAST CORNER OF ffiLL DRIVE AND TffiRD AVENUE, 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 fmd that proposed Subdivision Tract No. 16225, located at the Southeast corner of Hill Drive and Third 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 agreement adopted by Resolution No. 84-8 with Carrillo Construction 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 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 e 27 28 e e RESOLUTlON...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 16225...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR PERFORMANCE SPECIFIED. 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 III e e e 1 2 3 4 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 16225... I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the _ day of , 2002, by the following vote, to wit: NAYS ABSTAIN ABSENT Council Members: AYES ESTRADA LIEN MC GINNIS DERRY SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of 2002. Judith Valles, Mayor City of San Bernardino Approved as to Form and legal content: JAMES F. PENMAN, City Attorney ~1.f~ BY:(j . e 1 2 3 4 5 6 7 8 9 10 12 13 e 14 15 16 17 18 19 20 21 22 23 24 25 e AQDK..-mHT '. (Subdiri.s1.on ho...cov-.n1:&) '.rIIZS abo__-..&'ft' 1.8 _de and entered l.nto as of tlU8 1 2 day of February , 200L-, by and between the CI'l'Y OF SAN BERNARDINO, a Mun:Lcipa1 corporation, hereinafter referred to as WCity-, and Carrillo Construction , hereinafter referred to as wSubdividerw. llECX'1'ALS A. WHEREAS, Subd1.vider has presented to City for approval a final subdivision map (hereinafter called Wmap-) 11 anti tled Tr. 16225 ; and, B. 1fBEREAS. the map has been fi1ed with the City for resantation to the C1.ty COuncil (hereinafter ca11ed wCOUncil-) f the City far i1:& approv&1, which map is hereby referred to and rated herein: and, C. 1IBEREAS. Subdivider has requested, approval of the map the construction and completion of improvements, cluding &11 st:ree1:&, highways or public ways and public uti1ity aci1itia8 which ara a part of, or appurtenant to, the ca11ed wsubdivisionW) designated in the ap, all in accordance with, and as required by, the Plans and pecifications for a11 or any of said improvements in, ppurt:enant to, or outside the 1imits of subdivision, which P1ans nd Specifications are now on fi1e in the Office of the City gineer of the City: and, /mg1[Subdivilllp.Agr] 1 eptember 20, 1990 e e e 1 2 D. WHEREAS, Counc~l has approved sa~d map and accepted 3 the dedicat~ons there~n offered, or some thereof, on cond~ t~on 4 that Subdiv~der f~rst enter ~nto and execute tMs Agre_ent w~th 5 the C~ty: and, 6 E. WHEREAS, Th~s Agreement ~s executed pursuant to the 7 prov~s~ons of the Subdiv~s~on Map Act of the State of Cal~fornia 8 and T~tle 19 San Bernard~no Mu~ciJ)a1 Code. 9 NOW THEREFORE, for and ~n cons~derat~on of the approval of 10 the map and of the acceptance of the ded~cations, or some 11 thereof, therein offered and in order to insure sat~sfactory 12 performance by Subdiv~der of Subdiv~der's obl~gat~ons under said 13 Subd~v~s~on Map Act and sa~d Ord~nance, the parties agree as 14 follows: 15 1. Performance of Work. Subdivider w~ll do and perform, 16 or cause to be done and performed, at Subdiv~der's own expense, 17 ~n a good and workmanlike manner, and furn~sh all required 18 materials, all to the satisfact~on of the City Eng~neer of City, 19 the work and improv_ents w~tMn (and/or without) the subdivision 20 to complete the ~mprovements ~ eccordance w~th the Plans and 21 Spec~f~cat~ons on f~le as here~before spec~f~ed, or w~th any 22 changes requ~red or ordered by sa~d Eng~neer wh~ch, ~n his 23 op;1~on, are necessary or requ;i.red to complete the work. 24 2. Work: Places end Grades to be Fued by Engineer. All 25 of sa;1d work ;1s to be done at the places, of the mater;1als,. ~n 26 the manner, and at the grades, all as shown upon the Plans and 27 SpeciUcations therefor, heretofore approved by City Engineer and 28 wMch are now on file in Ms off~ce, and to the satisfaction of BAS/mgl[Subdiv~mp.Agr] 2 September 20, 1990 e 6 7 8 9 10 11 12 13 e 14 15 16 17 18 19 1 2 said City Engineer. 3 3. Work: '.U.e for Co_enc_ent and Performance. City 4 hereby fixes the time for the completion of said work to be 5 wi thin from the date hereof. 24 months 4. Time of Essence - Extension. Time is of the essence of this Agreement: provided that, in the event good cause is shown therefor, the City Engineer may extend the time for completion of the improvements hereunder. Any such extension may be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the surety's liability on the bond to secure the faithful performance of this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Subdivider to an extension. 5. Repairs and Replac_ents. Subdivider shall replace, or have replaced, or repair, or have repaired, as the case may be, all pipes and monuments shown on the map which have been destroyed or damaged, and Subdivider shall replace, or have replaced, repair, or have repaired, as the case may be, or pay to 20 the owner the entire cost of replac_ent or repairs, of any and 21 all 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 replacement e 27 shall be to the satisfaction, and subject to the approval, of the 28 City Engineer. BAS/mgl[Subdivimp.Agr] 3 September 20, 1990 e 1 2 3 4 5 6 7 8 9 10 11 12 13 6. utility Deposits - Statemen't. Subdivider shal1 file with the City Clerk, prior to the commencement of any work to be performed within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation involved, to the effect that Subdivider has made all deposits legally required by such public utility corporation for the conn_ction of any and all public utilities to be supplied by such publiC utility corporation within the Subdivision. 7. Permits: COmpliance with Law. Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements, give all necessary notices and pay all- fees and taxes required by law. Subdivider 14 shal1 comply with al1 provisions of the Subdivision Map Act and 15 Title 19 San Bernardino Municipal Code. 16 8. Superintendence by Subdivider. Subdivider shal1 give 17 personal superintendence to the work on said improvement, or have 18 a competent foreman or superintendent, satisfactory to the City 19 Engineer on the work at all times during progress, with authority 20 to act for Subdivider. 21 9. Inspection by City. Subdivider shall at all times 22 maintain proper facilities and provide safe access for inspection 23 by City to all parts of the work and to the shops wherein the 24 work is in preparation. 25 10. Contract Security. Concurrently with the execution 26 hereof, Subdivider shall furnish to City improvement security as e 27 follows: 28 (a) An amount equal to at least one hundred percent (100"') e BAS/mgl[Subdivimp.Agr] 4 September 20, 1990 1- e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III e e 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 (SOt) 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 (25t) 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 ).etters 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 e e e 1 2 3 4 5 6 7 8 9 11. Subdiv~der's Znsurance. Subdivider sha1l not commence work under ~s Agreement until Subdivider shall have obtained all ~nsurance required under this paragraph, and such insurance shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow any contractor or subcontractor to commence work on his contract or subcontract until all sim~lar insurance required of the contractor or 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 specif~cally 12 bind the insurance carrier. 13 (a) Workers Compensat~on Znsurance/Emplover's Liability 14 Znsurance. Subdivider shall maintain, during the life 15 of ~s 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 Liab~lity 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 project is not protected 26 under any Worker's Compensation Law, Subdivider shall 27 prov~de, and shall cause each contractor and 28 subcontractor to provide, adequate insurance for the AS/mgl[Subdivimp.Agr] 6 eptember 20, 1990 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ~ ~ 24 ~ 26 27 28 protect~on of employees not otherw~se protected. Subd~v~der shall ~ndemn~fy C~ty for any damage result~ng to ~t from fa~lure of e~ther Subd~v~der or any contractor or subcontractor to take out or ma~nta~n such ~nsurance. (b) Publ~c L~ability and Property Damaoe Insurance. Sub~vider shall take out and ma~ntain, during the life of this Agreement, such publ~c l~ab~l~ty and property damage insurance as shall ~nsure C~ty, its elective and appo~ntive boards, comm~ssions, officers, agents and employees, Subdivider and any contractor or subcontractor perform~ng work covered by this Agreement from claims for damages for personal injury, (as def~ned hereunder), ~nclud~ng death, as well as from cla~ms for property damage or product l~ab~lity which may ar~se from Subd~v~der's or any contractor's or subcontractor's operat~ons hereunder, whether such operat~ons be by Subd~v~der or any contractor or subcontractor, or by anyone, ~nclud~ng, w~thout l~m~tat~on, agents, employees or ~ndependent contractors, ~rectly or ~n~rectly employed by either Sub~v~der or any contractor or subcontractor, and the amounts of such insurance shall be as follows: (1) Pub1~c Liability Insurance. In an amount not less than One M1ll~on Dollars ($1,000,000.00) for ~njuries, ~nc1ud~ng, but not l~m~ted to, death, to anyone person, and, subject to the same li~t AS/mgl[Subdiv~mp.Agr] 7 eptember 20, 1990 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for each person, ~n an-amount not less than One Mill~on Dollars ($1,000,000.00) on account of any one occurrence: Product L~ab~lity Insurance coverage should be part of the Public Liability 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) '1'ai1 Coverage. Insurance coverage, albe~t for public l~abil~ty or property damage, shall be wr~tten, ~f poss~ble, on an "occurrence" form rather than a "cla~ms made" pol~cy. If the insurance policy -~s wr~tten on a "claims made" pol~cy, 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 [Subdivimp.Agr] 8 eptember-20, 1990 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 subcontractors must and shall comply with the same insurance provisions as the contr~ctor(s) e and subdivider(s). (4) Personal :Injuzy - Defined. As used herein, the term "personal injury" shall be defined as a hurt or damage to one's person including, without limitation, damage to health, cuts, bruises, broken limbs and/or bones, or the like, disabilities or impairments, including aggravation of existing injuries, on invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Ev:l.dence of Xnsurance. 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/Xndemn:l.f:l.cat:l.on. Subdivider(s)/ 25 Developer(s) hereby agree to and shall protect, defend, indemnify 26 and hold the City and its elective and appointive boards, e 27 commissions, officers, agents, employees and servants free and 28 harmless from any and all liability losses, damages, claims, BAS/mgl[Subdivimp.Agr] 9 September 20, 1990 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 liens, demands and cause of action of" every kind and characte including, but not limited to, the amounts of judgments, penalties, interests, court costs, attorney's/legal fees, and all other expenses incurred by the City arising in favor on any party, including claims, liens, debts, demands for lost wages or compensation, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly, (including from the negligent performance by its officers, employees, agents) from the terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any of contractor/Subdivider's subcontractors, contractors or by any one or more persons directly or indirectly employed by or acting as agent for contractor, Subdivider, or anyone of contractor or Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate; handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the BAS/mgl[Subdivimp.Agr] 10 September 20, 1990 e e 18 19 20 21 22 23 24 25 26 e 27 28 1 2 3 4 5 aforesa~d hold harmless agreement, because of the acceptance by c~ty, or the depos~t w~th C~ty by Sub~v~der, or any of the ~nsurance pol~c~es described ~n Paragraph 11 hereof. 6 (b) That the aforesa~d hold harmless agreement by 7 Sub~v~der shall apply to all damages and claims for 8 damages of every k~nd suffered, or alleged to have 9 10 11 12 13 14 15 16 been suffered, by reason of any of the aforesaid operations referred to ~n tMs paragraph, regardless of whether or not City has prepared, suppl~ed or approved of Plans and/or Spec~f~cat~ons for the subd~v~s~on, or regardless of whether or not such ~nsurance pol~c~es shall have been dete~ned to be appl~cable. to any of such damages or claims for damages. 17 TMs prov~s~on ~s not ~ntended to create any cause of act~on ~n favor of any third party aga~nst Sub~v~der/Developer or the City or to enlarge ~n any way the Sub~v~der's/Developer's l~ab~lity but ~s intended solely to prov~de for ~ndemrU.f~cat~on of the C~ty from l~ab~l~ty for damage or ~njur~es to third persons or roperty ar~sing from Subd~v~der/Developer's performance ereunder. 14. 'l'i1:1e 1:0 L....~ov_enta. Title to, and ownersMp of, all improvaments constructed hereunder by Subdivider shall vest absolutely in City, upon completion and acceptance of such rovements by City. /mgl[Sub~vimp.Agr] 11 eptember 20, 1990 e e e 17 necessary repairs or replacements or perform the necessary work, 18 and Subdivider shall pay to the City the actual cost of such 19 repairs plus fifteen percent (1St). 20 21 any of Subdivider's agents or contractors are, or shall be, ~ considered to be agents of City in connection with the 23 performance of Subdivider's obligations under this Agreement. 24 25 pay to City the costs of all permit fees for all engineering 26 inspections and other services connected with the City in regard 27 to the subdiVision. y construction. 1 2 3 4 5 6 7 8 9 10 11 15. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should 12 Subdivider fail to act promptly or in accordance with this 13 requirement, or should the exigencies of the situation as 14 determined by the City in the exercise of its sole discretion 15 require repair, replacement or reconstruction before the 16 Subdivider can be notified, City may, at its option, make the 16. Subdivider Not Allent of City. Neither Subdivider nor 17. cost of Engin_riIm and :Inspection. Subdivider shall Said fees shall be paid prior to commencing 28 AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 e e 1 2 3 4 5 6 7 8 9 10 11 18. Notice 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 within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be 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 12 provisions of this Agreement, City Engineer or City Council may 13 serve written notice upon Subdivider and Subdivider's surety of 14 breach of this Agreement, or of any portion thereof, and default 15 16 17 18 the duty to take over and complete the work and the improvement 19 of Subdivider. 19. Breach of Ag:cee.en1:: Performance by Surety or City. In the event of any such notice, Subdivider's surety shall have herein speCified: provided, however, that if the surety, wi thin 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 notice 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 e 27 surety shall be liable to City for any excess cost or damages 28 occasioned City thereby: and, in such event, City, without BAS/mgl[Subdivimp.Agr] 13 September 20, 1990 e 8 9 10 11 12 13 e 14 15 16 17 18 19 20 21 22 23 24 25 e 1 2 l1ab;U1ty for so doing, may take possession of, and utiU.ze in 3 cOlllpl..t1ng the work, such materials, appliances, plant and other 4 property belong:1ng to Subd1v1der as may be on the site of the 5 work and necessary therefor. 6 20. No1::1ces. .All notices herein requ:1red shall be :in 7 wr:11:1ng, and del:1vered :1n person or sent by registered mail, postage p:r;epa1d. (a) Notices required to be given to City shall be addressed as follows: City .~i~strator City Hall 300 North -D- street San Bernardino, Cal1forn:1a 92418 (b) Notices requ:1red to be given to Subd1v:1der shall be addressed as follows: Carr ilIo Construction P Co 130: q127 ~~nAt.")ffj<~{di.V\ r1i02427 (c) Notices requ:1red to be given to surety of Subdivider shall be addressed es follows: t.ev \ C-. -:1.., 11'1.. PL.......'" Yt'5JIJT<l. l'w 5cile. IfsS /-.l>r1u~C{. )J,...LS. CCf cn~ 53 Prov:1ded that any party or the surety may change such address by no1::1ce :1n wr1 t1ng to the other party, and, thereafter, notices shall be addressed and transm1 t1:ed to the new address. 21. Successors Bound. '1'h:1s Agre_ant shall be b:1nd1.ng 26 upon and inure to the benefit of each of the. parties and their 27 respective legal representatives, successors, heirs and assigns. 28 1/1 Ima1 rSubd1v:Lmtl.Aarl '4 e e e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 IN Ifl:TNESS WHEREOF, the parties hereto have executed th.1s Agreement on the day and year first above written. A'l'TES'l': CITY OF SAN BERNARDINO City Clerk By: Judith Valles, Mayor City. of San Bernardino Approved as to form and legal content: SUBDIVIDER: JAMES F. PENMAN, City Attorney, By: \I.-L."~~",J-l By: By: L r'P~ C l:HS'l'RUCTIOHS 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 fictitious name must be signed a180. 'l'he Agreement must be notarized. S'l'A'l'E OF CALIFORNIA COUNTY OF On this day of e, the undersigned, a Notary tate, personally appeared ) ) SSe ) ,19 , before Public in and for said County and 28 ersonally known to me (or proved to me on the basis of atisfactory evidence to be the President, and AS/mgl [Subdivimp.Agr] 15 eptember 20, 1990 .1 r e e e 1 2 persona~ly 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 5 on beha~f of the corporation therein named, and acknowledged 6 to me that such corporation executed the same, pursuant to 7 its by-~aws, or a reso~ution of its Board of Directors. 8 WITNESS my hand and officia~ seal. to me on the basis of 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SEE:. A#~<'.l..eJ ~t.lU.iDI,.)Le.d(p,,(ev+ Notary Signature (This area for officia~ sea~.) AS/mgl [Subdivimp.Agr] 16 eptember 20, 1990 e e e CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT f-C<'.c<'-C<'-C<'.c<'.c<'.c<'..c<'..c<'.c<'..c<'A.S<'..c<'-C<'.c<'..c<'.c<'-C<'.c<'.c<'-C<'.c<',.(;<'..c<'..c<'..c<'.c<'..c<'..c<'..c<'..e<',c<'.c<'-C<'.c<'.c<'.c<'.c<'.c<'.c<'-c<'.o:'R ~ State of California } I !1 (1) I ss. ~ County of ::> 4-.. r> ~ LA rI lA' a ~ ~.~ On Pckll~D~,t I], .lOOlbefore me, L, ~.~., " Name and Title of Officer (e.g . Jane Doe. Not Public'-) ~ ~ personally appeared Rob <;-.:+ ~ ~. Il ; LL. , >' Name(s) oISigner(s) , ~ CJ personally known to me ~ ~ !i~~~:~d to me on the basis of satisfactory ~ ~ ~ g to be the person(S) whose name(~ is/ape ~ g subscribed to the within instrument and 6 ~, acknowledged to me that he/s"e/thel{ executed ~~. (' f 1 the same in his/t)e"r/trn!ir authorized g capacity(i,ilS), and that by his/hef/thefr g I@ rac::::: 1:"z=," i signature(S) on the instrument the person(S'), or R ~ Z NOTARY PUIUC. CAUFORNIA i: the entity upon behalf of which the person(.s5 ~ " -1 SAN IlERNARDlNO COUNTY J" acted, executed the instrument. n,' , My ~I~~~ Explna Morell 4. 2004 . ~ i WITNESS my hand and official seal. ~ i ---- I C OPTIONAL B g('~.,,~ ;' Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment Df this form to another document. x , Description of Attached Document ~ ~ Titie or Type ofDocument]i ~li:O"@"" .-"J-r ( Ii.. ~ J";,,,.., l=-M.ptl."f:l^~h) h ~ i~ ~ Document Date: \= E' h ~ u ..". I J 1 0 0 1 g 7 r ~ Signer(s) Other Than Named Above: ~ I ! p, g ~ g ~ B ~ ~ ~ ~ Signer Is Representing: <:, ~ If ~ a'c"':'{';v"<;<v'<.X...'C<..,.'G<;.'9V'G<;.'G<;.'G<;.'<..X"'<..:.<,,'G<;.'G<;.'<,A.,'<;Yx.:.<.,,'G<.:~v~'9<.,.'g...'QV'9V'G<;.'G<;.'G<;.'GV'G<.,.'<..:.y'C<,,..'<.X,,'C<...-'<':-<.;'<..:'<,;'(.A.;<..;.y'G<,.: Number of Pages: s , ~ H...'F->J Capacity(i~) Clail'fled by Signllr . Signer's Name: ----L I k E) + t' Il.Ulll . r;t Individual C Corporate Officer - Titie(s): C Partner - C Limited C General Attorney in Fact ,~ Trustee _.~. Guardian or Conservator Other: RIGHT THUMBPRINT OF SIGNER TOp of thumb here c>'. (1;)1999 National Notary Association. 9350 De Sola Ave, P.O. Box 2402. Chatswor1h, CA 91313-2402' www.nahonalnotaryorg Prnd.No5907 Reorder: Call TolI.Free 1-8()()'876.6827 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: March 7, 2002 TO: Y oun Kim, Engineering Associate FROM: Michelle Taylor, Senior Secretary RE: Resolution 2002-68 - Final Map for Tentative Tract No. 16225 CC: Attached are two (2) fully executed original agreements for subdivision improvements, Tentative Tract No. 16225. One original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. r ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 2, -.(\--o:J- Item # Vote: Ayes \-'/ Nays ~ Change to motion to amend original documents: 1 \ Resolution # Abstain .--e---- ;) (')0 d -(, I:; Absent 4- Reso. # On Attachments: ~ Contract term: - Note on Resolution of Attachment stored separately: _ Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: NullNoid After: ("C) DA-jj r ')-::; -() d Date Sent to Mayor: ;--5-(),;)- Reso. Log Updated: .,/ Seal Impressed: ~ Date of Mayor's Signature: 7,-s - " -) Date ofClerklCDC Signature: ~-{,-Od- Date Letter Sent for Signature: See Attached: See Attached: Attached: Date Returned: 60 Day Reminder Letter Sent on 90 Day Reminder Letter Sent on 45th day: 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 T~aflic Folders (~85, 8234, 655, 92-389): Yes / No By Yes No~ By_ Yes No~ B Yes No ~ B Yes NoL Copies Distributed to: City Attorney ./ Parks & Rec. Code Compliance Dev. Services L.. EDA Police Public Services Water Finance MIS Others: Notes: 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: 11l{ Date: ~ Revised 01112/01