HomeMy WebLinkAbout31-Public Works
From: ROGER G. HARDGRAVE
- REQUES(),:OR COUNCIL ACTION
File No. P.M. 14019
Request for Approval of Final
Subject: Parcel Map No. 14019, located on
the Northwesterly Corner of Ohio
Avenue and Escena Street
Applicant: William & Cathy Wagner
. CITY OF SAN BEOARDINO
Dept: Public Works/Engineering
Date: 8-13-92
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Contact person:
Roqer G. Hardqrave
Staff Report, Resolution,
Aqreement, Map
Phone:
5025
Supporting data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount:
N/A
Source: (Acct. No.1
(Acct. Description)
Finance:
Council Notes:
75~0262
Agenda Item NO.3L-.
CITY'OF SAN BERJARDINO -'REQUESNOR COUNCIL ACTION
STAFF REPORT
Tentative Parcel Map No. 14019, located at the
northwesterly corner of Ohio Avenue and Escena Street, was
approved by the Planning Commission on May 5, 1992. This map
will create 3 single family residential parcels.
The final parcel map
substantially in accordance
Subdivision Map Act.
has been reviewed and found to be
with the tentative map and the
Plans for street frontage improvements have been prepared
and are ready for approval. The attached Parcel Map Improvement
Agreement, when approved, will allow deferral of construction of
these improvements until time of development of each individual
parcel and, upon recording, will secure the improvements to be
completed by the subdividers or future owners, by inclusion of an
Improvement Certificate on the final parcel map.
This will be the first time this Parcel Map
Agreement, which is required by Section 19.30.160
Development Code, has been used. There was no
requirement under the old code.
Improvement
of the new
comparable
The City Attorney's office has recommended that the
Development Code be amended to "clean-up" several ambiguities
which were discovered during preparation of this new agreement.
The proposed amendments will accomplish the following:
1.
Clarify
required
the City
that parcel
(no frontage
Engineer.
maps for which an agreement is not
improvements needed) can be approved by
2. Exempt, residential parcel maps from the requirement to post
improvement security, other than execution and recordation of
the parcel map improvement agreement.
3. Exempt ownerlbuilder on parcels created by residential parcel
maps from the requirement to post an insurance certificate.
These proposed amendments are consistent with current require-
ments of similar non-subdivision type developments and, in our
opinion, represent the intent of the new Development Code. These
amendments are in process of being prepared by the Public Works
and PlanninglBuilding Services Departments.
We recommend that Final Parcel Map No. 14019 be approved.
8-13-92
;-0264
,,-...
~
"'...........
FD. J\4-1,P, LS. 3490 TAG PER (R1) ~:20'
1.0' SOUTH . 1.0' EAST OF FENCE CORNER
FD. 1~ LP. R.C.E. 22502
PER TRACT NO. 1.:5603.
M.B. 227/1-2
FlUSH~__4B096' (48084' RI)
N62"IS'S4.W 165.0Q' __
(N62'1,'54'. 16'00' .2) I u OHIO g N621;'5". 53652' STREET
(N62'1S'5".W 536.51' R2)
---~ >- r---- I --1-- I
l~J PARCEL MAP.,
~~ ~ I
---- II(/)<( I -- NO. 14019 _1___
I () I
(N62"07'T9.W
N62"07"2S.w
454.47' Rl)
454.'1'
~
i" _ _ 2147S' (214.73' R1)
I' &'D '.'f> LS 3490 PER (Rl)
UP 0 2 6' WEST OF FENCE CORNER
ro. 1- I.P. PLUG
MElTED ON. 0,1'
IN UEU Of
L.S. 3490 TAC
PER (Rl)
N27'E 0.07'
1.0' SOUTH or FENCE
21-4-.73' (214.73' Rl)
ro. ,. LP. L.S. .}490
PER (Rt) ON. 0..3'
N27"E 0.03'
,., .. ,.", ~- ,
~.. " ~t' I ~ _ ,
, ,-", ,.. ...- ..-
.." " ,....
:\/: /.',:'"
/1/' I
.",
, ".., ,
I .. / f
-"#:_4_ -t
,... ." ,.,
~.. /1'1 ~<
, .......
Ii
mao
mm
:8:tl
N~
...' '''''''
.c)'\ .. I I
""'" 'I
,., " ,...",.-,
,.... I. ,....., ,... I
. 1-'" '.. .._ 1._
.
,
,
,.... . ,...... ~ ,.. - ,
~.. II ~'" ... _ ,
, ,-", ~.. ..- ..-
I
) SEARCHED
i FOUND NOTHING
/
I
I
,
ro. 1. I.P. NO TAG LYING HORIZONTAL
RESET PIPE IN ORIGINAL HOLE
WITH L.S. 5784 PL.UG
~
.-
m
~
I"
~
~
;"
'"
"
N ~
Z
-
(N5211'J6.W
N521,'30.W
213.43' RI)
213.42'
PARCEL 3
,.... . ,.... .....,.-,
..... ,_, ~'" ... _ ,
, "" ~.. .. - ..-
N62'1'29-w 212.92:
106.00' 105.92'
'"
m
g Ii
~ ;"0, C'I/
m" -
cD cD ijj '" ijj
mm "
N~ ,;
'" '~ ~ ~
m
m .~
~ ~ m ~
~
'"
N
~
N
Z
<
SEARCHED
FOUND NOTHING
/ SEARCHED
roUND NOTHING
'-I
SEARCHED
FOUND NOTHING
N72"<<'l1-E 26.57'
SEA.RCHED
FOUND NOTHING
:-:
106.0C'
N6Z'15'54 "w
87.20'
'.
.
193.20'
;,
~
315.96'
< <
/'
/
1 ro. 1. I.P. LS. 3490 BENT
...-..- STRAtGHTENED TO RECORD posmo~
I
I
1
I
I
I
I
I
30 I
I
I
I
4Le6"........... L____
81 F'D. 1" I.P. LS. 3490 ON. 0,2'
--~,..-_. S27'<<'16"W 0.07' 220.56'
: b:
o
~
N
,
,-
Ii 25' I
--...
""
:8:8 lLi
~N
W
~
'"
~
,,;
"
~
ii: ~
.-
;... ;D.......
Ii
"
m
~ ~t<'
~~
;., ;"-...
- ..
,...: ;...,;...,
" NN
111 z~
8
'"
"
<(,
Z
W
()
(/)
W
;;;
N
'"
"
o
"
25'
'"
, .
."
1
1
I
I
_1-
22
23
24
25
26
27
28
;-,
'-
'........
"",-"",
1
2
3
4
5
6
7
8
9
10
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR PARCEL MAP NO. 14019, LOCATED AT THE NORTHWESTERLY
CORNER OF OHIO AVENUE AND ESCENA STREET, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP, AND AUTHORIZING EXECUTION
OF THE PARCEL MAP IMPROVEMENT 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 Parcel Map No. 14019, located on the Northwesterly
corner of Ohio Avenue and Escena Street, together with the
provisions for their design and improvements is consistent with
11 the General Plan of the City of San Bernardino.
12 SECTION 2. The Mayor of the City of San Bernardino is
13 authorized on behalf of said c;ity to execute the Parcel Map
14 Improvement Agreement with William and Cathy Wagner, for the
15 improvements in said Parcel Map as are required by Title 19 of
16 the San Bernardino Municipal Code and the California Subdivision
17 Map Act. The time for performance is as specified in the
18 Agreement. Said improvements are specifically described and
19 shown on Drawings approved and on file in the office of the City
20 Engineer of the City of San Bernardino.
21 SECTION 3: The Final Map of said Parcel Map is hereby
approved and the City of San Bernardino hereby accepts as public
property all dedications within the subdivision as shown on said
Parcel Map for streets, alleys,
(including access
rights)
drainage and other public easements. As a condition precedent to
approval of the Parcel Map, the Subdivider shall first execute
the agreement
referenced
in Section
2 hereof for the
improvements within said Parcel Map limits.
The City Clerk shall
8-13-92
rtJ:.1:>U:
At't'.KUVJ.N" tJ.NAL r'A!{CJ:;J... jlljAP NU. 14Ul~
,.-,
J
""-,,/
~,., .....
',.",;
1 certify the approval and acceptance of the Mayor and Common
2 Council as set forth in this resolution.
3 SECTION 4. This resolution is rescinded if the parties
4 to the agreement fail to execute it within sixty (60) days of the
5 passage of this resolution.
6 I I I I
7 I I I I
8 I I I I
9 I I I I
10 I I I I
11 I I I I
12 I I I I
13 I I I I
14 I I I I
15 I I I I
16 I I I I
17 I I I I
18 I I I I
19 I I I I
20 I I I I
21 I I I I
22 I I I I
23 I I I /
24 I I I I
25 I I I I
26 I I I I
27 I I I I
28 I I I I
- 2 -
24
25 By
26
27
28
RESO: AP:t!JlOVING FINAL PARCEL MAP NO ,,",,,40 19
j
.... .,'
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
4 day of
5 wit:
6 Council Members: AYES
7 ESTRADA
8 REILLY
9 HERNANDEZ
10 MAUDSLEY
meeting thereof, held on the
, 1992, by the following vote, to-
NAYS
ABSTAIN
ABSENT
11 MINOR
12 POPE-LUDLAM
13 MILLER
14
15
16
17
18
19
20
21
Rachel Krasney, City Clerk
The foregoing resolution is hereby approved this
day of
, 1992.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
22
James F. Penman
23 City Attorney
- 3 -
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
-.
\,......
,.-.,
......-
AGREEMENT
(Parcel Map Xmprovemen~.)
THXS AGREEMENT is made and entered into as of this
day of
, 19____, by and between the CITY OF SAN
BERNARDINO, a Municipal Corporation, hereinafter referred to as
"City", and
WIllIAM AND CA1HY\ WAGNER
, hereinafter
referred to as "Subdivider".
RECITALS
A. WHEREAS, Subdivider has previously received City
approval of Tentative Parcel Map No. 14019 , and has presented to
City for approval a final parcel map (hereinafter called "map")
enti tled PARCEl. MAP NO. 14019
; and,
B. WHEREAS, the map has been filed with the City for
presentation to the City Council (hereinafter called "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
prior to the construction and completion of improvements,
including all 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, all 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,
HE/js[Parce1Map.Agr]
August 10, 1992
1
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
--...
I I
..........
---
-~
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.
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 perform, 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 by 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.
HE/js[ParcelMap.Agr]
August 10, 1992
2
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
c
:)
3. Work': Time for Co_encemen't and Performance.
Construction of required improvements shall begin within 90 days
of the receipt by Subdivider of the Notice to proceed from the
City.
4. Time of Essence - Ex'tension. 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 Replacemen'ts. 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 California, 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. U'tili'ty Deposi'ts - S'tatemen't. Subdivider shall file
HE/js[ParcelMap.Agr]
August 10, 1992
3
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
o
.........
I
"j
1 with the City Clerk, prior to the commencement of any work to be
2 performed within the area delineated on the map, a written
3
4
5
6
7
8
9
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
10 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 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.
Inspection by City.
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 Security. Concurrently with the execution of
this agreement, except for residential parcel maps, the Subdivider
shall furnish to City Engineer improvement security as follows:
(a) An amount equal to at least one hundred percent (lOOt)
of the total estimated cost of the improvement and acts
HE/js[ParcelMap.Agr]
August 10, 1992
4
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
c
1
"".'~
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
credi t 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.
11. Subdivider's Insurance. Except for residential parcel
maps where improvements are consructed by an owner/builder,
HE/js[ParcelMap.Agr]
August 10, 1992
5
.
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
c
,""""l
....,/
Subdivider shall not commence work under this Agreement until
Subdivider or Subdivider's contractor has obtained all insurance
required under this paragraph, and such insurance has 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 similar insurance
required of the contractor or subcontractor has 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 carrier.
(a) Workers Compensation Insurance/Employer'. Liability
Insurance. Subdivider shall maintain, during the time
period that the improvements are constructed, Worker's
Compensation Insurance and Employer's Liabi1i ty
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 Liabili ty
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
HE/js[Parce1Map.Agr]
August 10, 1992
6
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
c
()
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.
(b) Public Liability and Property Damage Insurance.
Subdivider shall take out and maintain, during the time
period that the improvements are constructed, 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:
(1 ) 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
HE/js[ParcelMap.Agr]
August 10, 1992
7
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
1'"',
V
.-
,
,..;
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 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
contractor
any
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 (1) year from completion of the project. All
HE/js[ParcelMap.Agr]
August 10, 1992
8
1
2
:I
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
o
---.
,
..J
subcontractors must and shall comply with the
same insurance provisions as the contractor ( s)
and subdivider(s).
(4) Personal Injury - Defined. As used herein, the
term "personal injury" shall be defined as a hurt
or damage to one's person including, wi thout
limitation, damage to health, cuts, bruises,
broken limbs and/or bones,
or the like,
disabilities
impairments,
or
inCluding
aggravation of existing injuries, invasion of
personal rights, including libel or Slander,
criminal conversation, malicious prosecution,
false 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 in
coverage of any policy during the effective periOd of this
Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/
Developer(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,
HE/js[Parce1Map.Agr]
August 10, 1992
9
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
o
,-
'J
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,
1
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
wi th 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.
Subdivider/Developer shall investigate,
handle, respond to, provide defense for and defend any such
claims,
demand,
or sui t at the sole expense of the
Subdivid_er/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
HE/js[ParcelMap.Agr]
August 10, 1992
10
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
o
--.....
, .
"'"
aforesaid hold harmless agreement, because of the
acceptance by City, or the deposit with City by
Subdivider, or any of the insurance policies described
in Paragraph 11 hereof.
(b) 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
or
subdivision,
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/Deve1oper's liability
but is intended solely to provide for indemnification of the City
from liability for damage or injuries to third persons or property
arising from Subdivider/Developer's performance hereunder.
14. Title to Improvements. 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. 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
HE/js[Parce1Map.Agr]
August 10, 1992 11
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
c
,..-....
.
-
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 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 (15t).
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. Co.~ 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
HE/js[Parce1Map.Agr]
August 10, 1992
12
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
c
.......
J
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 Aqreement; 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 herein
specified; provided, however, that if the surety, within five days
after the 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 performance 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
HE/js [ParcelMap. Agr]
August 10, 1992
13
, --,r"'J_1'::J. -^_j
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
II
('>
..,I
'"
,-..J
~herefor. A1~erna~ivelY, in ~he even~ of defau1~ by Subdivider,
the City may cause ~he construc~ion ~o be done and charge the
en~ir. cos~ and expense ~o Subdivider or his successors, including
interest at the legal ra~e from the date of notice of the cost and
expense un~i1 paid. Said cost, expense, and in~erest shall be
recorded as a lien agains~ the subdivision proper~y.
20.
No~ice..
All nb~ices herein required shall be in
wri~ing, and delivered in person or sent by registered mail,
postage prepaid.
<a) No~ices required to be given to Ci~y shall be addressed
as follows:
Ci~Y Administra~or
City Hall
300 North "D" street
San Bernardino, California
92418
(b) No~ices required to be given to Subdivider shall be
addressed as follows:
3987 NO. MOUNIAIN VIENl AVENUE
SAN BERNARDINO, CA 92405
(c) No~ices required to be given to sure~y of Subdividel
shall be addressed as follows:
N<tr APPLICABLE
Provided tha~ any party or the surety may change such address b
notice in writing to the o~her par~y, and, ~hereafter, notice
shall be addressed arid transmitted to the new address.
21. Successors Bound. This Agreemen~ shall be binding upc
and inure to ~he benefi ~ of each of the parties and thej
HE/js[parce1Map.Agr]
Augus~ 10, 1992
14
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
--
, ,
......"
~'"',
...._0)
:INSTRUCT:IONS
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
)
) SSe
)
COUNTY OF
On this day of
me, the undersigned, a Notary
State, personally appeared
, 19 , before
Public in and for said County and
personally known to me (or proved to
satisfactory evidence to be the
me on the basis of
President, and
personally known to me (or proved to me on the basis of
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.
(This area for official seal.)
Notary Signature
HE/js[Parce1Map.Agr]
August 10, 1992
16