HomeMy WebLinkAbout11-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk Director
Dept: Development Services
OhJ'~j"'V'~L
Subject: Resolution approving Final
Map for Tentative Tract No. 14193-
Southeast corner of Ohio and Olive
Avenues.
Date: September 20,2001
FileNo' 11 O>/TR 14191
Synopsis of Previous Council Action: MCC DATE: October 1, 200 I
10/06/97 Resolution adopted for sale of property to subdivider.
10/05/98 Matter continued to November 2, 1998
12/21/98 Matter continued to March 15, 1999
3/15/99 Matter continued to June 21, 1999
6/21/99 Matter continued to January 10, 2000
1/ 10/00 Matter continued to February 22, 2000
2/22/00 Matter continued to June 19, 2000
6/19/00 Matter continued to September 18, 2000
9/18/00 Matter continued to October 2, 2000
10/02/00 Matter continued to April 2, 2001
4/02/01 Matter continued to August 6, 2001
8/06/01 Matter continued to May 6, 2002
Recommended Motion:
Adopt Resolution
~~mn
Contact Person: Youn Kim Senior Enl!ineer
Phone:
5027
Supporting data attached: Staff Renort. Resolution & Man
Ward: 5
FUNDING REQUIREMENTS:
Amount: N/ A
Source (Accl. No,) N/A
(Accl. Description)
Finance:
Council Notes:
V""'6 ,jJ. 2CS> i -, ~O I
10" jbL
Agenda Item No. II
. "
. ,'.
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Final Map for Tentative Tract No. l4193-Southeast corner of Ohio and
Olive Avenues.
Backl!round:
On October 9, 1990, the Planning Commission approved Tentative Tract No. 14193.
Extensions of time were later approved to extend the tentative map to October 9, 1993. An
automatic two-year extension was granted by Section 66452.11 of the Subdivision Map Act,
which extended this tentative map to October 9, 1995; an additional extension of time was
approved by the City to extend the tentative Map to October 9, 1996. An automatic one-year
extension was granted by Section 66452.13 of the Subdivision Map Act extending it to October
9, 1998. On October 5, 1998, the Mayor and Common Council approved a motion to continue
this to March 15, 1999, at which time a motion was approved to continue this to June 21,
1999. On June 21, 1999, the Mayor and Common Council approved a motion to continue this
item to February 22,2000. On February 22,2000, the Mayor and Common Council approved
a motion to continue this item to June 19, 2000. On June 19, 2000, the Mayor and Common
Council approved a motion to continue this item to September 18, 2000. On September 18,
2000, the Mayor and Common Council approved a motion to continue this item to October 2,
2000. On October 2, 2000, the Mayor and Common Council approved a motion to continue
this item to April 2, 2001. On April 2, 2001, the Mayor and Common Council approved a
motion to continue this item to August 6, 2001. On August 6, 2001, the Mayor and Common
Council approved a motion to continue this item to May 6,2002.
On July 23, 2001, the Mayor and Common Council adopted a resolution approving the Fifth
Amendment to Mutual Release and Settlement Agreement between the City of San Bernardino
and Dr. Irving Feldkamp, provided this subdivision be extended to May 6, 2002.
Tract No. 14193 is a 76-lot single family residential subdivision. The required improvement
securities and certificates of insurance have been filed with this office, and the prescribed fees
have been paid. The improvement and grading plans have been prepared and will be
approved.
The Final Map has been reviewed and found to be substantially in compliance with the
Tentative Map and the Subdivision Map Act. We recommend that the Final Map be approved.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Adopt Resolution.
.
-
,-
,
'-
~(Q)~V
,
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
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14193, LOCATED ON THE
SOUTHEAST CORNER OF OHIO AVENUE AND OLI\-E A VENUE, ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF THE ST ANDARD FORM OF AGREEMENT FOR THE
IMPROVEi\IENTS IN SAID SUBDIVISION, WITH TI:\IE FOR PERFORMANCE
SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract No.
14193, located on the southeast comer of Ohio Avenue and Olive Avenue, together with the
provisions for their design and improvements, is consistent with the General Plan of the City of
San Bernardino,
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of said
City to execute the standard form of agreement adopted by Resolution No. 84-8 with Covenant
Development Inc.lCimarron at Verdemont Ranch LLC for the 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 the City
Engineer 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 to approval of the Final Map, the Subdivider shall first
execute the agreement referenced in Section 2 hereof for the improvements within said
'-' 27 subdivision, The City Clerk shall certify the approval and acceptance of the Mayor and
28 Common Council as set forth in this resolution.
Vlo, l(
((j / I ;6/
- 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
\-
r^
'-
RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE
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.
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
-2-
:..-
'-
I""'"'"
\,...
.-
'-
RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO.
14193, LOCATED ON THE SOUTHEAST CORNER OF OHIO AVENUE AND OLIVE
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.
1
2
3
4
5
6
7
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
8 the
day of
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
AYES
Council Members:
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
,2001, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
City Clerk
The foregoing Resolution is hereby approved this_ day of
, 2001.
25 Approved as to
26 form and legal content:
27 JAMES F. PENMAN
City Attorney
28 /..
By: ~AU j- f~
()
Judith Valles, Mayor
City of San Bernardino
- 3 -
1
'- 2
3
4
5
6
7
8
9
r
'-
-,
'-
AGREEMBN'l' '.
(Subdivi.sion ~.....,,,ements)
'!'JUS ~ is made and entered into as of th:is
day of
, 19 , by and between the CITY OF SAN
BERNARDINO, a Mun:icipal Corporation, hereinafter referred to as
"City", and CoIJ&r1/}1VJf be,;. IlK! ./0111(//1"1 tiT JI't'ltk(((1!f Jt1i'if:l~fter
/
referred to as "Subdivider".
RECXTALS
A. WHEREAS, Subdivider has presented to City for
10 approval a final subdivision map (hereinafter called "map")
11 entitled
T/2 /1/14'3
12
13
14
15
16
17
18
19
20
21
: and,
B. WHEREAS, the map has been filed with the City for
resentation to the City Council (hereinafter called . Counci 1 " )
f the C:i ty for its approval, wh:ich map is hereby referred to and
ncorporated herein: and,
C. WIIEREAS, Subdivider has requested approval of the map
the construction and completion of improvements,
all streets, h:ighwayB or public ways and public utility
acilities which are a part of, or appurtenant to, the
ubdivision (hereinafter called "subdivision.) designated in the
22
23
24
25
26
ap, all in accordance with, and as required by, the Plans and
in,
pecifications for all or any of said improvements
ppurtenant to, or outside the lilllits of subdivision, wh:ich Plans
nd Specifications are now on file in the Office of the City
27
gineer of the City: and,
28 AS/mgl[Subdivilllp.Agr] 1
eptember 20, 1990
--
1
2
D.
WHEREAS, Council has approved said map and accepted
3 "the dedications "therein offered, or some "thereof, on condition
4 "that Subdivider first enter into and execute this Agreement with
5 "the City; and,
6 E. WHEREAS, This Agreement is executed pursuant to the
7 provisions of the Subdivision Hap Act of the State of California
8 and Title 19 San Bernardino Hun1ciDal Code.
9 NOW 'l'BEREFORE, for and in consideratj,on of "the approval of
10 the map and of the acceptance of the dedications, or some
11 thereof, therein offered and in order to insure satisfactory
12 performance by Subdivider of Subdivider's obligations under said
13 Subdivision Hap Act and said Ordinance, the parties agree as
r-
'-
14 follows:
15 1. Performance of Work. Subdivider wj,ll do and perform,
16 or cause to be done and performed, at Subdivider's own expense,
17 in a good and workmanlike manner, and furnish all required
18 materials, all to "the satisfaction of "the C;l.ty Engineer of City,
19 the work and improvements within (and/or without) "the subdivision
20 to complete the j,mprovements in accordance wi"th "the Plans and
21 Specifications on file as hereinbefore specj,fj,ed, or with any
22 changes requirad or ordered by said Engj,neer whj,ch, in his
23 opj,nion, are necessary or requ;1.red to complete "the work.
r-
'-
24 2. Work: Places and Grades "to be Pj.zed by Engineer. All
25 of said work is to be done at "the places, of "the materials, in
26 the manner, and at "the grades, all as shown upon "the Plans and
27 Specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his office, and to the satisfaction of
BAS/mgl [Subdivimp.Agr] 2
september 20, 1990
1
'-
-
2 8a~d City Engineer.
3 3. Work: 'r~.e for co_encement and Performance. City
4 hereby fixes the time for the completion of said work to be
5 within from the date hereof.
6 4. 'rime of Essence - Extens~on. Time is of the essence of
7 this Agreement; prov~ded that, ~n the event good cause ~s shown
8 therefor, the City Eng~neer may extend the time for completion of
9 the illlprovements hereunder. Any such extension may be granted
10 w~ thout not~ce to the Subdi v~der' s surety, and extens~ons so
11 granted shall not rel~eve the surety's liabil~ty on the bond to
12 secure the fa~thful performance of th~s Agreement. The City
13 Eng~neer shall be the sole and f~nal judge as to whether or not
14 good cause has been shown to ent~tle Subd~vider to an extension.
15 5. Repd.rs and Replac_ents. Subdivider shall replace, or
16 have replaced, or repa~r, or have repaired, as the case may be,
17 all p~pes and monuments shown on the map wh~ch have been
18 destroyed or damaged, and Subdiv~der shall replace, or have
19 replaced, repa~r, or have repaired, as the case may be, or pay to
20 the owner the ent~re cost of replacement or repa~rs, 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 Cal~fornia, or any agency
24 or pol~t~cal 8ubdiv~sion thereof, or by the City, or by any
25 publ~C or pr~vate corporat~on, or by any person whomsoever, or by,
26 any comb~nat~on of such owners. Any such repair or replacement
27 shall be to the satisfaction, and subject to the approval, of the
28 C~ ty Engineer.
r
~
'-
BAS/mgl [Subdivimp.Agr] 3
September 20, 1990
'"-'
1
2 6. ut1.U.tv Depos1.ts - Stat_en1:. Subd1.v1.der shall fUe
3 w1.th the C1.ty Clerk, prior to the commencement of any work to be
4 performed wi thin the area delineated on the map, a written
5 statement signed by Subdivider, and each public utility
6 corporation l.nvolved, to the effect that Subdiv1.der has made all
7 depos1.ts legally requ1.red by such publ1.c ut1.l1.ty corporat1.on for
8 the conn_ct1.on of any and all publ1.c ut1.l1.t1.es to be suppl1.ed by
9 such publ1.c util1.ty corporat1.on w1.th1.n the Subdiv1.s1.on.
10 7. Perm1.ts: COmpl1.ance nth Law. Subdiv1.der shall. at
-11 Subdivider's expense. obtain all necessary permits and licenses
25
26
-,-
''-"- 27
28
12 for the construction of such :l.mprov_ents. give all necessary
13 not1.ces and pay all' fees and taxes requ1.red by law. Subdivider
14 shall comply w1. th all prov1.s1.ons of the Subdiv1.s1.on Map Act and
15 '1'1.tle 19 San Bernardino Mun1.c1.pal Code.
16 8. Super1.ntendence by Subd1.v1.der. Subdiv1.der shall give
17 personal super1.ntendence to the work on sa1.d l.mprovement, or have
18 a competent foreman or super1.ntendent, sat1.sfactory to the C1.ty
19 Eng1.neer on the work at all t1.mes dur1.ng progress, with authority
20 to act for Subdiv1.der.
21 9. J:nspect:l.on by C:l.ty. Subd1.v1.der shall at all times
22 ma1.nta1.n proper facilities and prov1.de safe access for l.nspection
23 by City to all parts of the work and to the shops wherein the
24 work l.s l.n preparat1.on.
10. Contract Secur:l. ty. Concurrently w1. th the execution
hereof, Subdiv1.der shall furn1.sh to C1.ty :l.mprovement security as
follows:
r
'-
(a) An amount equal to at least one hundred percent (100-1)
BAS/mgl[Subdivimp.Agr] 4
Sept_ber 20, 1990
--
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 ///
,,'-
\-
..........
of the total estimated cost of the improvement and
acts to be performed as security for the faithful
performance of this Agreement:
(b) An amount equal to at least fifty percent (50%) of the
total estimated cost of the improvements and acts to
be performed as security for the payment of all
persons performing labor and furnishing materials in
connection with this Agreement: and,
(c) An amount equal to at least twenty-five percent (25%)
of the total estimated cost of the improvements and
acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year
following the completion and acceptance thereof
against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the
securi ty and in addition to the f ace amount of the
security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's
fees, incurred by City in successfully enforcing the
obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of
credit as provided in Title 19 San Bernardino
Municipal Code, and the type shall be at the option of
and subject to the approval of the City Engineer and
the City Attorney.
BAS/mgl[SubdiVimp.Agr] 5
September 20, 1990
--
-
,
'-,
,...-
,
'-
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
11. Subdivider's Insurance. Subdivider shall not commence
work under this Agreement until Subdivider shall have obtained
a1'l insurance 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 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 carrier.
(a> Workers Compensation Insurance!Emp1over's Liability
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
AS/mgl[Subdivimp.Agr] 6
eptember 20, 1990
'-
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
,"-"
"-
,-
'-
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.
(b) Public Liability and Proper'tyDaaage Znsurance.
Subdivider shall take out and 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:
(l ) Public Liability Znsurance.
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
AS/mgl[Subdivimp.Agr] 7
eptember 20, 1990
---
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
M~ll~on Dollars ($1,000,000.00) on account of any
one occurrence; Product L~ability Insurance
coverage should be part of the Public Liab~lity
Insurance;
(2) ProDertv D81118qe 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
pol~cies provided for in this Paragraph 11 insures any
ent~ty, person, board or commission other than those
mentioned in this paragraph, such policy shall contain
a standard form of cross-l~ability endorsement,
insur~ng on such policy City, its elective and
appo~ntive boards, commissions, officers, agents and
employees, Subdivider and any contractor or
subcontractor performing work covered by th~s
Agreement.
(3) '1'a:l.l Coveraqe. Insurance coverage, albe~t for
public liab:l.l~ty or property damage, shall be
wr~tten, 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 COIlIpletion of the project. All
AS/mgl [Subdivimp.Agr] 8
eptember.20, 1990
''-"
.,-..
'-
1'-
'-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
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, 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.
15 12. Evidence of Insurance. Subdivider and contractor
16 shall furnish City, concurrently with the execution hereof, with
17 satisfactory evidence of the insurance required, and evidence
18 that City is named and endorsed on the policy as an additional
19 insured. Subdivider and contractor shall also provide City with
20 evidence that each carrier will be required to give City at least
21 ten (10) days prior written notice of the cancellation or
22
23
24
25
reduction in coverage of any policy during the effective period
of this Agreament.
Bold Barmless/Indemnification.
Subdivider(s)/
13.
Deve10per( s) hereby agree to and shall protect, defend, indemnify
26 and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
BAS/mgl[Subdivimp.Agr] 9
Sentember 20. 1990
---
1
2 liens, d_ands and cause of action of' every kind and characte
3 including, but not limited to. the amounts of judgments.
4 penalties, interests, court costs, attorney's/lega1 fees, and all
5 other expenses incurred by the City arising in favor on any
6 party, including claims, liens, debts, demands for lost wages or
7 compensation. personal injuries, including employees of the City,
8 death or damages to property (including property of the City) and
9 without limitation by enumeration, all other claims or demands of
10 every character occurring or in any way incident to, in
11 connection with or arising directly or indirectly, (including
12 from the negligent performance by its officers, employees.
13 agents) from the terms of this Agreement, whether such
14 operations/incidents are caused by contractor, Subdivider or any
15 of contractor/Subdivider's subcontractors, contractors or by any
16 one or more persons directly or indirectly _played by or acting
17 as agent for contractor, Subdivider, or anyone of contractor or
18 Subdivider's contractors or subcontractors. Subdivider/Developer
19 shall investigate, handle, respond to, provide defense for and
20 defend any such claims, d_and, or suit at the sole expense of
21 the Subdivider/Developer even if the claim or claims alleged are
22 groundless, false or fraudulent. Subdivider agrees to, and
23 shall, defend City, its appointive boards, commissions. officers.
24 agents and employees from any suits or actions at law or in
25 equity for damages caused, or alleged to have been caused, by
26 reason of any of the aforesaid operations, provided as follows:
27 (a> That City does not, and shall not, waive any rights
28 against Subdivider which it may have by reason of the
'--,
;-
'-
BAS/mg1 [Subdivimp.Agr] 10
Sept_ber 20, 1990
---
-
f
'-
18
19
20
21
22
23
24
25
26
'- 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
Subdiv~der, or any of the ~nsurance po1~c~es descr~bed
~n Paragraph 11 hereof.
6 (b) That the aforesa~d hold harmless agreement by
7
8
9
10
11
12
13
14
Subdiv~der shall apply to all damages and c1a1ms for
damages of every k~nd suffered, or alleged to have
been suffered, by reason of any of the aforesa~d
operat~ons referred to ~n this paragraph, regardless
of whether or not C~ty has prepared, supp1~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 determined to be
15 appl~cable,. to any of such damages or c1a~ms for
16 damages.
17 onus prev~s~on ~s not intended to create any cause of act~on ~n
favor of any third party aga1nst Subdiv~der/Deve10per or the C~ty
or to enlarge in any way the Subdiv~der's/Deve10per's l~ab~l1ty
but ~s ~ntended solely to prov~de for indemnif~cat~on of the C~ty
from l~ab~l~ty for damage or ~njur~es to th~rd persons or
roper"ty ar~s~ng from Subd~v~der/Deve10per's performance
ereunder.
14.. 'I':11:le 1:0 xa."....,,-.nt:s. T:1 tle to, and ownership of,
all :1mprovements cons1:ructed hereunder by Subdiv:1der shall vest
absolutely :1n C:1ty, upon comp1et:1on and acceptance of such
revements by C:1"ty.
/mgl[Subdiv:1mp.Agr] 11
eptember 20, 1990
---
--
'-
r-
"'-
1
2
3
4
5
6
7
8
9
10
11
15. Repa~r or Reconstruct~on 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
requirement, or should the exigencies of the situation as
13
14 determined by the City in the exercise of its sole discretion
require repair, replacement or reconstruction before the
15
16 Subdivider can be notified, City may, at its option, make the
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,
22 considered to be agents of City in connection with the
23 performance of Subdivider's obligations under this Agreement.
24
25
26 inspections and other services connected with the City in regard
27 to the subdivision. Said fees shall be paid prior to commencing
28 any construction.
16.
Subdiv1.der Not Aoent of Ci 1:7.
Neither Subdivider nor
17. Cost of Engin_rtnq and :Inspect1.on. Subdivider shall
pay to City the costs of all permit fees for all engineering
AS/mgl [Subdivilllp.Agr] 12
eptember 20, 1990
1
'- 2
3
4
5
6
7
8
9
10
11
,""-
"-
"-'
18. NoUce of Breach and Defauit. If Subdiv~der refuses
or fa~ls to obtain prosecut~on of the work, or any severable part
thereof, with such diligence as will insure its complet~on within
the time specified, or any extensions thereof, or fails to obtain
completion of said work wi"thin such time, or if the Subdiv~der
should be adjudged a bankrupt, or Subdiv~der 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 Subdiv~der'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 of Subdivider.
16
17
18
19
20
21
19.
Breach of Aar...ant; Performance by Surety or Ci 1;y .
In the event of any such notice, Subdivider's surety shall have
the dUty to take over and complete the work and the improvement
here~n specified: provided, however, that if the surety, wi thin
five days after the serving upon of such notice of breach, does
not give City writ:t:en 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
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
-- 1
,
'-' 2
3
4
6
7
8
9
10
11
12
13
,.- 14
'-'
'-'
liability for so doing. may ~ake possession of, and u~ilize in
comple~ing ~he work, such ma~erials, appliances, plan~ and O~her
proper~y belonging ~o Subdivider as may be on ~he si~e of "the
5 work and necessary therefor.
20. No~ices. ,All no~ices herein required shall be in
wri~ing, and delivered in person or sen~ by registered mail,
pos~age p~epaid.
(a) No~ices required ~o be given ~o Ci~y shall be
addressed as follows:
City Adm1nis~ra~or
City Hall
300 North wDw Stree~
San Bernardino, California
92418
(b) No~ices required ~o be given to Subdivider shall be
15 addressed as fOllOWS:r h_ 'J~
C:I/I14~.e~ A7 Vt!',ut:#1i1Y1 ~Il.C.H~~
16 Cpv-e"rl/NT rJ$V .Jnc. P {) ~d'K Y. ,2yO
17 56A.di!"n144JW1C,6 1"2-tr/:2-
18 (c) No~ices required "to be given "to surety of Subdivider
19 shall be addressed as follows:
20 GVl.r ..:;zJt)vr(M/t"e ~.ut'1
I/(;) l(/ 1/. 57; 5"-/8'''
~ g.~~#4~_/
"
22 Provided tha~ any party or the surety may change such address by
23 no~ice :1n wri ~ing "to "the other party, and, thereafter, notices
24 shall be addressed and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be binding
26 upon and :1nure to the benefit of each of the parties and their
27 respective legal representatives, successors, heirs and assigns.
28 ///
AS/mgl[Subdivimp.Agr] 14
September 20, 1990
,,---
"-"
,......
'-
---
1
2
ZH WJ:'1'NESS WHEREOF, the part;Les heret:o have execut:ed "this
3 Agreement: on t:he day and year f;Lrst: above wr;Lt:t:en.
4 ATTEST:
5
6 C;Lt:y Clerk
CITY OF SAN BERNARDINO
By:
Judith Valles, Mayor
C;L t:y . of San BernarcUno
7
8
9
10
11
12
13
14
15
Approved as t:o form
and legal cont:ent::
JAMES F. PENMAN,
C;L t:y At:t:orney,
SUBDIVIDER:
C"n1~~~ /J.T YM/~d7AI h~l.Lt.
By: Cv~ I av< PC' .
By, ~~-
Byl- ? ~
DlSTRUCTZONS
If the SubcUv;Lder ;Ls a coxporat:;Lon, the Agreuent: must: be
execut:ed .1n the coxpo~at:e nue and a;Lgned -by the Prea;Ldent: or a
16 V;Lce-Pres;Ldent: and the Secret:ary or Aaa;Lst:ant: Secret:ary, and. "the
17 corporat:e .ea1 aff;Lxed.. If "the SubcUv;Lder ;La a part:nersMp, ;Lt:
18 must: be s;Lgned by all part:nera. If t:he Subd;Lv;Lder ;Ls an
19 ;Lnd;Lv;Ldua1 do;Lng bua;Lness under a f;Lct;Lt:;Lous Due, ;Lt must: be
20 s;Lgned by all peraons hav;i.ng an ;Lnt:erast: .1n the bus;Lness, and "the
21 f;Lct:;Lt;Lous name must: be a;Lgned a1ao. The Agreement: DlUSt: be
22 not:ar;Lzed.
23
24 STATE OF CALIFORNIA )
25 COUNTY OF ~t1{j/1&;,U ~
26 On th1.s day of XJvC1
e, the unders;Lgned, a Ho1:ary Pu
27 1:a1:e, personally appeared
28
as.
~I
, ff , before
f r aa;Ld Coun1:y and
'-
..
ersonally known 1:0 me (or proved t:o me on the bas;Ls of
a1:;Lsfact:oxy ev;Ldence 1:0 be 1:he Pres;Ldent, and
AS/mg1[SubcUv1.mp.Agr] lS
eptember 20, 1990
I
'-
c
_....
'-
1
L1 h~ L, ,~bb~ $.
personally known to me (or proved
satisfactory evidence) to be the
of the corporation that executed
the wi tMn instrument, end known
to lie to be the persons who
executed the witMn instrument
5 on behalf of the corporation
therein named, and acknowledged
6 tOile that such corporation
executed the same, pursuant to
7 its by-laws, or a resolution of
its Board of Directors.
8 WITNESS my hand and official seal.
2
3
4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AS/llgl [Subdiv1lllp.Agr] 16
eptember 20, 1990
tome on the basis of
(This area for official seal.)
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
October 5, 2001
TO:
Y oun Kim, Engineering Associate
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-301 - Final Map for Tentative Tract No. 14193
CC:
Attached are two (2) original agreements with Covenant Dev. Inc./Cimarron at Verdemont
Ranch LLC. One original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): i 0- I - 01 Item #
Vote: Ayes \ - 'I Nays..e
Change to motion to amend original documents:
II
Resolution # 2 (lO \ - :3 0 I
Abstain -e- Absent ..0..
Reso. # On Attachments: ~ Contract term: -
Note on Resolution of Attachment stored separately: -=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY
Date Sent to Mayor: I D - .<, 0 \
Date of Mayor's Signature: 10- :'-01
Date ofClerk/CDC Signature: \0- 3-C) \
Date Memo/Letter Sent 0
See Attached:
See Attached:
See
re;
60 Day Reminder Letter Sent on 30th day:
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 Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
NullNoid After: (,,0 OA'IJ. J \ \ -::'0.0 ,
I
By: -
Reso, Log Updated:
Seal Impressed:
,/
-r'
Date Returned: ~
ed:
Yes /' No By
Yes No .....L By
Yes No ,/ By
Yes No t/ By
Yes No/ By
Public Services
Water
Dev. Services VEDA
Others:
City Attorney
Parks & Rec.
,/
Code Compliance
Police
Notes:
Finance
MIS
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: m:L.... Date: ~
Revised 01/12/01