HomeMy WebLinkAbout11-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subiect: Resolution approving Final Map for
Tract No. 16509-7 (Unit 6 - Lots
106 through 159) located on the west
side of Northpark Boulevard
between University Parkway and the
Devil Creek Flood Control Channel.
MCC Date: March 3, 2008
Dept: Development Services
Date: February 6, 2008
File No: 11.03: TR 16509
Synopsis of Previous Council Action:
04/05/04 Resolution No. 2004-95 adopted approving an agreement with Watson & Associates
for grading of Campus Parkway between Kendall Drive and Northpark Boulevard.
10/04/04 Resolution No. 2004-306 adopted approving Final Map for Tract No. 16509-1 (lots I
through 31) located on the west side of Northpark Boulevard between University
Parkway and the Devil Creek Flood Control Channel.
05/16/05 Resolution No. 2005-114 adopted approving Final Maps for Subdivision Tract No.
16509, Units 2 & 3 located on the west side of Northpark Boulevard between
University Parkway and Devil Creek Flood Control Channel.
08/15/05 Resolution No. 2005-278 adopted approving Subdivision Agreement with Richmond
American Homes of California, Inc., for Final Map of Tract No. 16509, Unit 2 located
on the west side of Northpark Boulevard between University Parkway and Devil Creek
Flood Control Channel.
09/06/05 Resolution No. 2005-299 adopted approving Final Maps for Subdivision Tract No.
16509, Units 4 & 5 located on the west side of Northpark Boulevard between
University Parkway and Devil Creek Flood Control Channel.
01122/07 Resolution No. 2007-22 adopted approving Final Maps for Subdivision Tract No.
16509, Unit 6 located on the west side of Northpark Boulevard between University
Parkway and Devil Creek Flood Control Channel.
Recommended Motion:
Adopt Resolution.
JdtliWt?#Y
Valerie C. Ross
Contact Person: Lynn Parker, Senior Civil Engineer
Phone: 5110
Supporting data attached: Staff Renort. Reso & Mans
Ward: S
FUNDING REQUIREMENTS:
Amount: N 1 A
Source (Acct. No.) NI A
(Acct. Description)
N/A
Finance:
Agenda Item N2f~
Council Notes:
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Final Map for Tract No. 16509-7 (Unit 6 - Lots 106 through 159) located on
the west side of Northpark Boulevard between University Parkway and ,the Devil Creek Flood
Control Channel.
Backl!:round:
On May 6,2003, the Planning Commission approved Tentative Tract No. 16509, which consisted
at the time of 160 single family residential lots located on the west side of Northpark Boulevard
between University Parkway and the Devil Creek Flood Control Channel. This tentative tract was
approved for a period of two years.
On October 7, 2003, the Planning Commission approved Minor Modification No. 03-07 to
Tentative Tract No. 16509, clarifying the acreage of the Tentative Map.
On July 12, 2004, the Planning Division approved Minor Modification No. 04-07, reducing the
total number of single family residential lots to 157. Of these lots, 150 are proposed to be
developed in upscale single-family residential houses.
On April 19, 2005, the Planning Commission approved an amendment to Tentative Tract No.
16509, increasing the developable lot count to 165 and approved a general plan amendment to
change the land use designation oflots 160 through 165 to commercial use (CG-I).
On December 12, 2006, the Planning Commission approved a revision to Tentative Tract No.
16509 to adjust lot lines to better match slope grading.
The tentative tract, as approved, designated lettered lots which will be used for open space and
park purposes. Lot A, which contains 2.38 acres and Lot 0, which contains 1.31 acres, will be
developed as neighborhood parks. Lot A is centrally located in the development and a trail will
interconnect the park with the open space lots B through N. Lot 0 is at the northeasterly comer of
Campus Parkway and Kendall Drive and will be improved by the developer as a neighborhood
park. A Landscape Maintenance District will maintain the open space lots and the parks, and the
cost of the maintenance will be spread among all the owners in Tract No. 16509.
The Subdivider notified the Department of its intention to file multiple final maps based on the
approved tentative map. The proposed phasing plan has been reviewed by staff and it provides for
construction of improvements as required to constitute a logical and orderly development of the
entire subdivision.
The phasing is planned as follows:
Unit I - Lots I through 31 (Houses nearing completion).
Unit 2 - Lots 32 through 59 (Infrastructure nearing completion).
Unit 3 - Lots 60 through 73.
Unit 4 - Lots 74 through 90.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Unit 5 - Lots 91 through 105.
Unit 6 - Lots 106 through 159
Unit7-Lots 160 through 165.
The final map for Unit I, Tract No. 16509-1 was approved on October 4, 2004, and recorded on
October 18, 2004. The final maps of Units 2 and 3 were approved on May 16, 2005, and recorded
June 2, 2005. The final maps for Unit 4 and Unit 5 were approved on September 6, 2005 and
recorded October 5, 2005. The final map for unit 6 was approved on January 22, 2007 and
recorded January 29, 2007.
The original expiration date of the tentative map per Subdivision Map Act (SMA) 66452.6(a)(I)
would have been 24 months after its approval, or May 6, 2005. However, according to the SMA
Section 66452.6(a)(I), the expiration of the approved tentative map shall be extended by 36
months from the date of its expiration or the date of the previously filed [mal map, whichever is
later. The expiration date of the approved tentative map for Tract No. 16509 is now January 21,
2010.
The improvement and grading plans for the entire tract have been prepared and approved. The
rough grading of the entire tract is 100% completed.
Tract No. 16509-7 is a re-mapping of Tract No. 16509-6. The lot count and configuration is
identical to Tract No. 16509-6 except that lot T, an easement to Edison Company, has been
included as an easement in lot 133. Also, Pinnacle Lane and Valles Drive in Tract No. 16509-6
were reserved as private streets; in Tract No. 16509-7, the streets are being offered to the City of
San Bernardino as public streets.
Pinnacle Lane and Valles Drive have been constructed in accordance with approved plans, but are
not yet complete. Sidewalk and the final coat of asphalt pavement must still be installed. This
work is traditionally done when the houses are complete. At this time, no houses have been
started within this tract. The developer, University Park, LLC, has executed the standard
improvement agreement and has posted bonds to guarantee the completion of the streets. The
tract map has been reviewed and found to be substantially in compliance with the Tentative Map
and the Subdivision Map Act. Therefore, staff recommends that the Final Map of Tract No.
16509-7 be approved.
Financial Imoaet:
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. 16509-7 (UNIT 6 - LOTS 106 THROUGH 159)
LOCATED ON THE WEST SIDE OF NORTHPARK BOULEVARD BETWEEN
UNIVERSITY PARKWAY AND THE DEVIL CREEK FLOOD CONTROL
CHANNEL, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
SAID MAPS; AND AUTHORIZING EXECUTION OF THE STANDARD FORM
OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISIONS, 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 Connnon Council find that proposed Tract No.
16509-7 (Unit 6 - Lots 106 through 159), a 54-lot, single family, residential subdivision
located on the west side of Northpark Boulevard between University Parkway and the
Devil Creek Flood Control Channel, together with the provisions for its design and
improvements, are consistent with the General Plan of the City of San Bernardino.
SECTION 2. The City Manager of the City of San Bernardino is authorized on
behalf of said City to execute the standard form of agreement adopted by Resolution No.
90-427 with University Park, LLC, for improvements in said subdivision tracts as are
required by Title 19 of the San Bernardino Municipal Code and the California Subdivision
Map Act and incorporated herein as Exhibit "A." 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.
HI/
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RESOLUTIONmAPPROVlNG THE FINAL MAP FOR SUBDIVISION TRACT NO.
16509-7 (UNIT 6 - LOTS 106 THROUGH 159)....WITH TIME FOR
PERFORMANCE SPECIFIED.
SECTION 3. The Final Map of said subdivision tract is hereby approved and the
City of San Bernardino hereby accepts all dedications within the subdivision as shown on
said Final Map for drainage and other public easements, but does not accept the offer of
dedication of public streets at this time. As a condition precedent of approval of the Final
Maps, the Subdivider shall first execute the agreements referenced in Section 2 hereof for
the improvements within said Subdivisions.
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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RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION
TRACT NO. 16509-7 (UNIT 6 - LOTS 106 THROUGH 159)....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
, 2008, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this day of
,2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
JAMES F. PENMAN,
City Attorney
Exhibit "A"
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AGREEMENT
(Subdivision hnprovements)
THIS AGREEMENT is made and entered into as of this day of
, 2008, by and between the CITY OF SAN BERNARDINO, a Municipal
Corporation, hereinafter referred to as "City," and Universitv Park. LLC, hereinafter referred
to as "Subdivider,"
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RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision
map (hereafter caned ''map'') entitled Tract No. 16509-7 (Unit 7 - Lots 106 through 159); and,
B. WHEREAS, the map has been filed with the City for presentation to the City
Council (hereinafter caned "Council") of the City for its approval, which map is hereby
referred to and incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map pnor to the
construction and completion of improvements, including an streets, highways or public ways
and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter
called "subdivision") designated in the map, an in accordance with, and as required by, the
Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the
limits of subdivision, which Plans and Specifications are now on file in the Office of the City
Engineer of the City; and,
D. WHEREAS, Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first enter into and execute this
Agreement with the City; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the
Subdivision Map Act of the State of California and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of the map and of the
acceptance of the dedications, or some thereof, therein offered and in order to insure
satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision
Map Act and said Ordinance, the parties agree as follows:
1. Performance of Work. Subdivider will do and perfonn, or cause to be done
and performed, at Subdivider's own expense, in a good and workmanlike manner, and furnish
all required materials, all to the satisfaction of the City Engineer of City, the work and
improvements within (and/or without) the subdivision to complete the improvements in
accordance with the Plans and Specifications on file as hereinbefore specified, or with any
changes required or ordered by said Engineer which, in his opinion, are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed bv Engineer. All of said work is to be
done at the places, of the materials, in the manner, and at the grades, all as shown upon the
Plans and Specifications therefor, heretofore approved by City Engineer and which are now
on file in his office, and to the satisfaction of said City Engineer.
3. Work: Time for Commencement and Performance. City hereby fixes the time
for the completion of said work to be within 24 months from the date hereof.
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.
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5. Renairs and Renlacements. 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 the owner the entire cost of replacement
or repairs, of any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned by the United States, or any agency thereof, or
the State of Californio, or any agency or political subdivision thereof, or by the City, or by
any public or private corporation, or by any person whomsoever, or by any combination of
such owners. Any such repair or replacement shall be to the satisfaction, and subject to the
approval, of the City Engineer.
6. Utilitv Deposits - Statement. Subdivider shall 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 connection 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 shall comply with all
provisions of the Subdivision Map Act and Title 19 San Bernardino Municipal Code.
8. Superintendence bv 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.
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9.
Inspection bv Citv. Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City to all parts of the work and to the shops wherein the
work is in preparation.
10. Contract Securitv. Concurrently with the execution hereof, Subdivider shall
furnish to City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated
cost of the improvements 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,
An amount equal to at least twenty-five percent (25%) of the total estimated
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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 Municioal Code, and the type shall be at the option of and
subject to the approval of the City Engineer and the City Attorney.
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II.
Subdivider's Insurance. Subdivider shall not commence work under this
Agreement until Subdivider shall have obtained all insurance required under this paragraph,
and such insurance shall have been approved by City Attorney as to fonn, amount and carrier,
nor shall Subdivider allow any contractor or subcontractor to commence work on his contract
or subcontract until all similar insurance required of the contractor or subcontractor shall have
been so obtained and approved. All requirements herein provided shall appear either in the
body of the insurance policies or as endorsements and shall specifically bind the insurance
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(b)
(a)
Worker's Compensation InsurancelEmplover's Liabilitv Insurance.
Subdivider shall maintain, during the life of this Agreement, Worker's
Compensation Insurance and Employer's Liability Insurance for all
Subdivider's employees employed at the site of improvement, and, in case any
work is sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or subcontractor's employees, unless
such employees are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this Agreement at the site of the
project is not protected under any Worker's Compensation Law, Subdivider
shall provide, and shall cause each contractor and subcontractor to provide,
adequate insurance for the protection of employees not otherwise protected.
Subdivider shall indemnify City for any damage resulting to it from failure of
either Subdivider or any contractor or subcontractor to take out or maintain
such insurance.
Public Liabilitv and Propertv Damage Insurance. Subdivider shall take out and
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maintain, during the life of this Agreement, such public liability and property
damage insurance as shall insure City, its elective and appointive boards,
commissions, officers, agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this Agreement from claims for
damages for personal injury, (as defined hereunder), including death, as well as
from claims for property damage or product liability which may arise from
Subdivider's or any contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any contractor or subcontractor,
or by anyone, including, without limitation, agents, employees or independent
contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as
follows:
(I) Public Liability Insurance. In an amount not less than One Million
Dollars ($1,000,000.00) for injuries, including, but not limited to,
death, to anyone person, and, subject to the same limit for each person,
in an amount not less than One Million Dollars ($1,000,000.00) on
account of anyone occurrence; Product Liability Insurance coverage
should be part of the Public Liability Insurance;
(2) Propertv 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 II insures any entity, person, board or commission other than those
mentioned in this paragraph, such policy shall contain a standard form of
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(4)
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) Tail 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 (I) year from
completion of the project. All subcontractors must and shall comply
with the same insurance provisions as the contractor(s) and
subdivider(s).
Personal Iniurv - 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, or invasion of personal rights, including libel or
slander criminal conversation, malicious prosecution, false
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imprisonment and mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City,
concurrently with the execution hereof, with satisfactory evidence of the insurance required,
and evidence that City is named and endorsed on the policy as an additional insured.
Subdivider and contractor shall also provide City with evidence that each carrier will be
required to give City at least ten (10) days prior written notice of the cancellation or reduction
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in coverage of any policy during the effective period of this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)lDeveloper(s) hereby agree to
and shall protect, defend, indemnify and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and harmless from any and all
liability losses, damages, claims, liens, demands and cause of action of every kind and
character 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 anyone 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. SubdividerlDeveloper
shall investigate, handle, respond to, provide defense for and defend any such claims,
demand, or suit at the sole expense of the SubdividerlDeveloper 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 aforesaid hold harmless agreement, because of the
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acceptance by City, or by deposit with City by Subdivider, or any of the
insurance policies described in Paragraph II hereof.
That the aforesaid hold harmless agreement by Subdivider shall apply to all
damages and claims for damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been determined to be
applicable to any of such damages or claims for damages.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's
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liability but is intended solely to provide for indenmification of the City from liability for
damage or injuries to third persons or property arising from Subdivider/Developer's
performance hereunder.
14. Title to ImDrovements. Title to, and ownership of, all improvements
constructed hereunder by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
15. Rooair 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 Subdivider fail to act
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promptly or in accordance with this requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion require repair, replacement or
reconstruction before the Subdivider can be notified, City may, at its option, 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 (15%).
16. Subdivider Not Agent of City. Neither Subdivider nor any of Subdivider's
agents or contractors are, or shall be, considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Engineering and Inspection. Subdivider shall pay to City the costs of
all permit fees for all engineering inspections and other services connected with the City in
regard to the subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. 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
provisions of this Agreement, City Engineer or City Council may serve written notice upon
Subdivider and subdivider's surety of breach of this Agreement, or of any portion thereof, and
default of Subdivider.
19. Breach of Agreement: Performance bv Suretv or Citv. In the event of any such
notice, Subdivider's surety shall have the duty to take over and complete the work and the
improvement herein specified; provided, however, that it the surety, within five days after the
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serving upon of such notice of breach, does not give City written notice of its intention to take
over the performance of the contract, and does not commence perfonnance thereof within five
days after notice to City of such election, City may take over the work and prosecute the same
to completion, by contract or by any other method City may deem advisable, for the account
and at the expense of Subdivider, and Subdivider's surety shall be liable to City for any
excess cost or damages occasioned City thereby; and, in such event, City, without liability for
so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work
and necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in
person or sent by registered mail, postage prepaid.
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(a)
Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
300 North "D" Street
San Bernardino, California 92418
(b) Notices required to be given to Subdivider shall be addressed as follows:
University Park, LLC
101 Main Street, Suite A
Seal Beach, CA 90740
(c) Notices required to be given to surety of Subdivider shall be addressed as
follows:
Insurance Company of the West
P.O. Box 85563
San Diego, CA 92186-5563
Provided that any party or the surety may change such address by notice in writing to the
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other party, and, thereafter, notices shall be addressed and transmitted to the new address.
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21.
Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day
and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
By:
City Clerk
Fred Wilson, City Manager
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney,
SUBDNIDER:
University Park, LLC
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By:
James R. Watson, Managing Member
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate
name and signed by the President or a Vice-President and the 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 also. The Agreement must be notarized.
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
On this
day of
a
Notary
20_,
Public,
before me,
personally
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appeared
personally know to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed tot he within instrument and acknowledged to me
that h/she!they executed the same in hislher/their authorized capacity(ies), and that by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Notary Signature
(This area for official seal.)
My Commission Expires:
Notary Name:
Notary Registration Number:
County of Principal Place of Business:
Notary Phone:
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