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HomeMy WebLinkAbout15-Development Services ... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director Dept: Development Services November 26,2001 C i: ,':: 1'.'v'/~L Subject: Resolution approving Final Map for Tentative Tract No. 15977 - South of Kendall Drive between Walnut and Pine Avenue. Date: File: 11.03/TR 15977 MCC Date: December 17, 2001 Synopsis of Previous Council Action: None. Recommended Motion: Adopt Resolution. -~,f~ Contact person: Youn Kim. Senior Civil Engineer Phone: son Supporting data attached: Staff Report, Resolution, & Map Ward: 5 FUNDING REQUIREMENTS: Amount: NI A Source: N/A Acct. Description: Finance: Council Notes: 126S0,!lZCO\ -.3 '\ I Agenda Item No. J 5 /;;..} 17) C!/ -. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution approving Final Map for Tentative Tract No. 15977-South of Kendall Drive between Walnut and Pine Avenue. Background: On January II, 2000, the Planning Commission approved Tentative Tract No. 15977, which is a 142 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 Pinal Map be approved. Financial Impact: There is no financial impact to the City. Recommendation: Adopt Resolution. City of San Bernardino} California Department of Public Works, Division of Engineering VICINITY MAP For Tract No. 15977 ~;:;: /:2} ;,. ,. il1s# *'i,;, i r (/(0'" oJ; II I' )to" .;.' l -....: '" ~ 2 -....~'.... ' / .''- .. ... U' .. ".r}~i~'.ft:... ' t;~", ~ ". 't ~ ; .~ ~ r.,~ '''" ~ '?~ J' ~"'.!{ -~ .:'s'f' ~~ '_, ~ ~{'k If. .J'-:;\.'~ ..;:-. l.ff", 'l~I-'~ l;.... ,.rr :1,: i';i ~ r~"k g- J'r"' ~ ii., ~ l(,.l,f fa: ~ ,~' '€5 '" .'" 'r ,<~~l ,,'" '''''t.",,- i,4- ~t ~~" r..~ ,-' " .~ 0 -,:"'1;1/ '). _,.'~''''..' SI~r' -fl" ::0 -5! . .I". _,.", ,~\. {; ~': 'tI ' r' ~ '.. CJ." .I ~t.. '..lV. _,.,....\~r.. ,'Ir,frn t "it; " ~ .l~ ',_ ,"....'r: ,....~l.f --'"':.0 ' /lP'1!! '" ....... ;.c.:,.. "-, ~..' Ill" .... '; G~A~ "V'2}14 cr:", .It c~ 4r . ~i,~- ,C-:~~S>L.,{-.j I '0. ir'>ir;" ~$. IJ.~ ' "':" :>,,[1 t';j ff>~"", Vl -t' >l:"'4:). (~~,/~~' ~.~(-_. ~ '.. "t ~r ..'> I I" ,.0" S:rt,ifl..;~".f './J' -.. ~~ CL "t") .... .,.. ~t' 1, > -10..... 0 (I;~' 1111.,~ ..,. , /'t;""""'':-' ! l- . t <'!''''---' \, NE .. i I.l) 'l~; tl., i r- ,;...... ~4v ". ...V' "l' cc: \;':-- :I: ~. U . !}}}j '~. :;,<:~ ,'''<;' ~:;~:j l;\:~ I~ ,,' ><~ ~~1 ~:.?~ ,:~7<... ",;' <~ '~'" 1t ,~ "".".Jp- y: \" .0~ \ A~i ~~2<it<~:F"; "I" ...~ ., ....:~It~ @2001 Thomas 8ros, ~ VICINITY MAP N. T.S. ~(Q)[PW l 1 2 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE 3 FINAL MAP FOR SUBDIVISION TRACT NO. 15977, LOCATED ON THE SOUTH SIDE OF KENDALL DRIVE BETWEEN WALNUT AND PINE AVENUE, ACCEPTING 4 "' THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING 5 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE 6 SPECIFIED. 7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION I. The Mayor and Common Council find that proposed Subdivision Tract No. 9 10 15977, located on the South side of Kendall Drive between Walnut and Pine Avenue, together 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 S.B. 142 Associates, L.P. 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 subdivision. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this resolution. 1 2 3 4 5 RESOLUTION...APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 15977, LOCATED ON THE SOUTH SIDE OF KENDALL DRIVE BETWEEN WALNUT AND PINE 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 6 7 within sixty (60) days of the passage of this resolution. 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 9 Common Council of the City of San Bernardino at a meeting thereof, held on 10 the 11 12 Council Members: day of ,2001, by the following vote. to wit: AYES ABSTAIN ABSENT NAYS 13 ESTRADA 14 LIEN 15 MC GINNIS 16 17 SCHNETZ SUAREZ 18 ANDERSON 19 20 MC CAMMACK 21 22 23 24 25 City Clerk The foregoing Resolution is hereby approved this_ day of , 200 I. Judith Valles, Mayor City of San Bernardino 26 Approved as to 27 form and legal content: 28 - ? - By: 4 day of 5 1 2 3 AGREEMEN'l' '. (Subdivision Xmprovements) THIS AGREEMENT is made and entered into as of this , _, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as S.B. 142 Associates ~.~ . 6 "City", and , hereinafter 7 referred to as "Subdivider". 8 9 10 approval a final subdivision map (hereinafter called "map") 11 12 13 14 15 16 RECITALS A. WHEREAS, Subdivider has presented to City for entitled Tract 15977 ; and, B. WHEREAS, the map has been filed with the City for resentation to the City Council (hereinafter called "Council") f the City for its approval, which map is hereby referred to and 17 incorporated herein: and, 18 19 20 21 22 23 24 C. WHEREAS, Subdivider has requested approval of the map the construction and completion of improvements, all streets, highways or public ways and public utility acilities which are a part of, or appurtenant to, the ubdivision (hereinafter called "subdivision") designated in the ap, all in accordance with, and as required by, the Plans and pecifications for all or any of said improvements in, ppurtenant to, or outside the limits of subdivision, which Plans nd Specifications are now on file in the Office of the City gineer of the City; and, ASjmgl [Subdivimp.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 Map Act of the State of California 8 and Title 19 San Bernardino Municipal Code. 9 NOW THEREFORE, for and in consideration of the approval of 10 the map and of the acceptance of the dedications, or some 11 thereof, therein offered and in order to insure satisfactory 12 performance by Subdivider of Subdivider's obligations under said 13 Subdivision Map Act and said Ordinance, the parties agree as 14 follows: 15 1. Performance of Work. Subdivider will do and perform, 16 or cause to be done and performed, at Subdivider's own expense, 17 in a good and workmanlike manner, and furnish all required 18 materials, all to the satisfaction of the City Engineer of City. 19 the work and improvements ",ithin (and/or without) the subdivision 20 to complete the improvements in accordance with the Plans and 21 Specifications on file as hereinbefore specified, or with any 22 changes required or ordered by said Engineer which, in his 23 opinion, are necessary or required to complete the work. 24 2. Work: Places and Grades to be FuelS by EnCineer. 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 said City Engineer. 3 3. Work: Time for Co_encement and Performance. City 4 hereby fixes the time for the completion of said work to be 5 wi thin 6 4. 24 months from the date hereof. Time of Essence - Extension. Time is of the essence of 7 this Agreement: provided that, in the event good cause is shown 8 therefor, the City Engineer may extend the time for completion of 9 the improvements hereunder. Any such extension may be granted 10 without notice to the Subdivider' s surety, and extensions so 11 granted shall not relieve the surety's liability on the bond to 12 secure the faithful performance of this Agreement. The City 13 Engineer shall be the sole and final judge as to whether or not 14 good cause has been shown to entitle Subdivider to an extension. 15 5. Repairs and Replacements. Subdivider shall replace, or 16 have replaced, or repair, or have repaired, as the case may be, 17 all pipes and monuments shown on the map which have been 18 destroyed or damaged, and Subdivider shall replace, or have 19 replaced, repair, or have repaired, as the case may be, or pay to 20 the owner the entire cost of replacement or repairs, of any and 21 all property damaged or destroyed by reason of any work done 22 hereunder, whether such property be owned by the United States, 23 or any agency thereof, or the State of California, or any agency 24 or political subdivision thereof, or by the City, or by any 25 public or private corporation, or by any person whomsoever, or by 26 any combination of such owners. Any such repair or replacement 27 shall be to the satisfaction, and subject to the approval, of the 28 City Engineer. BAS/mgl[Subdivimp.Agr] 3 ~__.__h__?n 1QQn 1 2 6. utiU.ty Deposits - Statement. Subdivider shall file 3 with the City Clerk, prior to the commencement of any work to be 4 performed within the area delineated on the map, a written 5 statement signed by Subdivider, and each public utility 6 corporation involved, to the effect that Subdivider has made all 7 deposits legally required by such public utility corporation for 8 the conn~ction of any and all public utilities to be supplied by 9 such public utility corporation within the Subdivision. 10 7. Permits: Compliance with Law. Subdivider shall, at '11 Subdivider's expense, obtain all necessary permits and licenses 12 for the construction of such improvements, give all necessary 13 notices and pay all' fees and taxes required by law. Subdivider 14 shall comply with all provisions of the Subdivision Map Act and 15 Title 19 San Bernardino MuniCipal Code. 16 B. Superintendence by Subdivider. Subdivider shall give 17 personal superintendence to the work on said improvement, or have 18 a competent foreman or superintendent, satisfactory to the City 19 Engineer on the work at all times during progress, with authority 20 to act for Subdivider. 21 9. Inspection by City. Subdivider shall at all times 22 maintain proper facilities and provide safe access for inspection 23 by City to all parts of the work and to the shops wherein the 24 work is in preparation. 25 10. Contract Security. Concurrently with the execution 26 hereof, Subdivider shall furnish to City improvement security as 27 follows: 28 (a) An amount equal to at least one hundred percent (100%) BAS/mgl[Subdivimp.Agr] 4 Sentember 20. 1990 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 III of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this Agreement; (b) An amount equal to at least fifty percent (SOt) of the total estimated cost of the improvements and acts to be performed as security for the payment of all persons performing labor and furnishing materials in connection with this Agreement; and, (c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the improvements and acts to be performed as security for the guarantee and warranty of the work for a period of one (1) year following the completion and acceptance thereof against any defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed by the security and in addition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing the obligation secured. The type of security furnished shall be in the form of bonds, deposits or letters of credit as provided in Title 19 San Bernardino Municipal Code, and the type shall be at the option of and subject to the approval of the City Engineer and the City Attorney. BAS/mgl[Subdivimp.Agr] 5 September 20, 1990 1 2 11. Subdivider's Insurance. Subdivider shall not commence 3 work under this Agreement until Subdivider shall have obtained 4 all insurance required under this paragraph, and such insurance 5 shall have been approved by City Attorney as to form, amount and 6 carrier, nor shall Subdivider allow any contractor or 7 subcontractor to commence work on his contract or subcontract 8 until all similar insurance required of the contractor or 9 subcontractor shall have been so obtained and approved. All 10 requirements herein provided shall appear either in the bOdy of 11 the insurance policies or as endorsements and shall specifically 12 bind the insurance carrier. 13 14 15 16 17 18 19 20 21 22 23 24 ~ 26 27 28 (a) Workers Compensation Insurance/Emp1oyer'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 a11 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 eDtember 20. 1990 1 2 protection of employees not otherwise protected. 3 Subdivider shall indemnify City for any damage 4 resulting to it from failure of either Subdivider or 5 any contractor or subcontractor to take out or 6 maintain such insurance. 7 (b) Public Liability and Property Damage :Insurance. 8 Subdivider shall take out and maintain, during the 9 life of this Agreement, such public liability and 10 property damage insurance as shall insure City, its 11 elective and appointive boards, commissions, officers, 12 agents and employees, Subdivider and any contractor or 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 AS/mgl[Subdivimp.Agr] 7 An~ember 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, in an' amount not 1ess than One Mi11ion Do11ars ($1,000,000.00) on account of any one occurrence: Product Liabi1ity Insurance coverage shou1d be part of the Pub1ic Liabi1ity Insurance: (2) Property Damage Insurance. In an amount not 1ess than One Mi11ion Do11ars ($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 po1icies provided for in this Paragraph 11 insures any entity, person, board or commission other than those mentioned in this paragraph, such po1icy sha11 contain a standard form of cross-1iabi1ity endorsement, insuring on such po1icy City, its e1ective and appointive boards, commissions, officers, agents and emp1oyees, Subdivider and any con~ractor or subcontractor performing work covered by this Agreement. (3) Tai1 Coverage. Insurance coverage, a1beit for pub1ic 1iabi1ity or property damage, sha11 be written, if possib1e, on an "occurrence" form rather than a "c1aims made" po1icy. If the insurance po1icy ~s written on a "c1aims made" po1icy, then additiona1 coverage, entit1ed "tai1 coverage" must be purchased to cover a period of one (1) year from comp1etion of the project. AU AS/mg1[Subdivimp.Agr) 8 A"+AmhA~ 20 199O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 subcontractors must and shall comply with the same insurance provisions as the 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. 12. Evidence of Insurance. Subdivider and contractor 16 shall furnish City, concurrently with the execution hereof,with 17 satisfactory evidence of the insurance required, and evidence 18 that City is named and endorsed on the policy as an additional 19 insured. Subdivider and contractor shall also provide City with 20 evidence that each carrier will be required to give City at least 21 ten (10) days prior written notice of the cancellation or 22 reduction in coverage of any policy during the effective period 23 of this Agreement. 24 13. Hold Harmless/Indemnification. Subdivider(s)/ 25 Developer(s) hereby agree to and shall protect, defend, indemnify 26 and hold the City and its elective and appointive boards, 27 commissions, officers, agents, employees and servants free and 28 harmless from any and all liability losses, damages, claims, BAS/mgl[Subdivimp.Agr] 9 ~8"~8mha~?n 1QCn 1 2 l~ens, demands and cause of act~on of' every k~nd and characte 3 ~nclud~ng, but not l~m~ted to, the amounts of judgments, 4 penalt~es, ~nterests, court costs, attorney's/legal ~ees, and all 5 other expenses ~ncurred by the C~ty ar~s~ng ~n favor on any 6 party, ~nclud~ng claims, l~ens, debts, demands for lost wages or 7 compensat~on, personal ~njur~es, ~nclud~ng employees of the C~ty, 8 death or damages to property (~nclud~ng property of the C~ty) and 9 w~thout limitat~on by enumerat~on, all other cla~ms or demands of 10 every character occurr~ng or in any way incident to, in 11 connection with or arising directly or indirectly, (including 12 from the negl~gent performance by its officers, employees, 13 agents) from the terms of this Agreement, whether such 14 15 16 17 18 19 20 21 22 ~ 24 25 26 27 28 operations/~nc~dents are caused by contractor, Subdivider or any of contractor/Subd~vider's subcontractors, contractors or by any one or more persons directly or indirectly employed by or acting as agent for contractor, Subdiv~der, or anyone of contractor or Subdiv~der's contractors or subcontractors. Subdivider/Developer shall ~nvestigate, handle, respond to, prov~de defense for and defend any such claims, demand, or su~t at the sole expense of the Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent. Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (a) That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the BAS/mgl[Subdivimp.Agr] 10 seotember 20. 1990 1 2 3 4 aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with City by Subdivider, or any of the insurance pOlicies described 5 in Paragraph 11 hereof. 6 (b) That the aforesaid hold harmless agreement by 7 8 9 10 11 12 13 14 15 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 16 damages. 17 This provision is not intended to create any cause of action in 18 favor of any third party against Subdivider/Developer or the City 19 or to enlarge in any way the Subdivider's/Developer's liability 20 but is intended solely to provide for indemnification of the City 21 from liability for damage or injuries to third persons or 22 property arising from Subdivider/Developer's performance 23 ereunder. 24 14. '!'i1:1e 1:0 xa~...ovemen1:s. Title to, and ownership of, 25 all improvements constructed hereunder by Subdivider shall vest 26 abSOlutely in City, upon completion and acceptance of such 27 provements by City. 28 AS/mgl [Subdivimp.Agr] 11 Rn~RmbQr 20. 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 require repair, replacement or reconstruction before the 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 (15t). 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 17. COst of Engineertnq and XI1SJJ8Ctj,on. Subdivider shall 25 pay to City the costs of all permit fees for all engineering 26 inspections and other services connected with the City in regard 27 to the subdivision. Said fees shall be paid prior to commencing 28 any construction. 15. Repair or Reconstruction of Defective Work. If, within a period of one year after final acceptance of the work performed under this Agreement, any structure or part of any structure furnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should 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 16. Subdivider No1: Agent of C1 ty. Neither Subdivider nor AS/mgl[Subdivimp.Agr] 12 eptember 20, 1990 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 18. Notice of Breach and Defauit. If Subdivider refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, subcontractors, agents or employees, should violate any of the 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 AgreEllllel1t: Performance by Surety or Ci tv. 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 20 five days after the serving upon of such notice of breach, does 21 not give City written notice of its intention to take over the 22 performance of the contract, and does not commence performance 23 thereof within five days after notice to City of such election, 24 City may take over the work and prosecute the same to completion, 25 by contract or by any other method City may deem advisable, for 26 the account and at the expense of Subdivider, and Subdivider's 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 ~a_~amnA~?n 1QQn 1 2 liability for so doing, may take possession of, and utilize in 3 completing the work, such materials, appliances, plant and other 4 property belonging to Subdivider as may be on the site of the 5 work and necessary therefor. 6 20. Notices. All notices herein required shall be in 7 writing, and delivered in person or sent by registered mail, 8 postage p~epaid. 9 (a) Notices required to be given to City shall be 10 addressed as follows: 11 12 13 City Administrator Ci ty Hall 300 North wDw Street San Bernardino, California 92418 14 (b) Notices required to be given to Subdivider shall be 15 16 17 18 19 20 21 addressed as follows: 555 Cajon st. Suite G Redlands, CA 92373 (c) Notices required to be given to surety of Subdivider shall be addressed as follows: j\\~ ~ Cajsn -&e. ~lilite G \I.., Ii3D ~I+vk SvJc 2-00 Ro;;::JIC1.U\l~,. Of~ 92 J '1 3 ~e.\.hN€"". e..A- <12.<.0,<+ 22 Provided that any party or the surety may change such address by 23 notice in writing 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 inure to the benefit of each of the parties and their 27 respective legal representatives, successors, heirs and assigns. 28 III Imgl[Subdivimp.Agr] 14 ~__.__ft__?n ,Qcn 1 2 IN WITNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 City Clerk 7 Approved as to form and legal content: By: Judith Valles, Mayor Ci ty. of San Bernardino 8 L.P' JAMES F. 9 City A 10 By: 11 12 13 INSTRUCTIONS 14 If the Subdivider is a corporation, the Agreement must be executed in the corpo~ate name and signed~ the President or a 15 16 17 18 19 20 21 22 23 24 STATE OF 25 26 Vice-President and the Secretary or Assistant Secretary, and. the corporate seal affixed.. If the Subdivider is a partnership, it If the SUbdivider is an must be signed by all partners. 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. Su- O--~J ~ , ~.l2.L, before for said County and 27 28 ers nally kno n to me ( to be President, and AS gl[Subdiv p.Agr] eptember 20, 990 ."/ ( 1 2 3 4 personally known to me (0 sat~sfactory ev~d ce) to be e of the corporat~o that exec ted the w~tlUn ~nst ent, and own to me to be the ersons who executed the w~ n ~ns ent 5 on behalf of t e corporat~ n there~n named, and acknow edged 6 to me that s h corporat on executed the same, purs t to 7 ~ts by-laws or a resol t~on of ~ts Board D~rectors 8 WITNESS my hand and 0 f~c~al seal. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 See AS/mgl[Subdiv~mp.Agr] 16 eptember 20, 1990 to, on the basis of (TlUs area for off~c~al seal.) iA. ~ oJCVVJ0te1ctNAvt CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~2:<<'o,&:<:=<<:,<<^X"":<<:2':'O~""""===&"~""<<<<<<<<<<==<<<<<<=<<<<Q'~OO<:<<<<Q'<<<<==~ t State of California } ::\, t County of Su- ~I\..~ ll\.D 55. ~ $ g y g 9 .1. I.~ I. g " On;n J\lO\lU4i1U ~l. before me, \-U g r) Date IJ L /' X ;: personally appeared l'1aff:.- yudn.e..( g Name(s) of Signer(s) ~ f,f personally known to me ~ o proved to me on the basis of satisfactory ~ evidence 0 ,,' g g I' ? . \" ':, " " (':, ,~ " (. to be the person~ whose name/s) is/are- subscribed to the within instrument and acknowledged to me that heJsRe/tRey executed the same in his/Ruitheir authorized capacityfiesT; and that by his/her'thllir- signature.(81 on the instrument the personVll. or the entity upon behalf of which the person~ acted. executed the instrument. ~------------~ ~ LEIGH BARRY . Commfsslonll1263319 ~ .,..... ". NotC!)' Public - California f 7~. _ i '"."~.,, Son Bernardino County f MyComM.f:q:j'es/,'Qyll,2004 ,~....,...,# - - -~ - -- Place Notary Seal Above OPTIONAL Though the information below is not .required by law, it may prove valuable to persons relying on the d and could prevent fraudulent removal and reattachment of this form to another docum Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ~ o Individual Top of thumb here ~' o Corporate Officer - Title(s): " o Partner - 0 Limited = Ge ( , o Attorney in Fact 9, D~ ~ D Guardian or Co q " ( 0 Other: g € X r g o c '. .~> {~'(:",::,,:;:::--c~'<:':{~:CZ;<::':::;3::-":;;;-Z::~~""'<:::,:.c~,-~~~z:'C;::<~"<<'C(:.~<.::c.<-:.cz:.'C(<<'6('cz:.-<<>?"...z~"~;c;;c~~~<<-G..~~-?'-:Z:--V;-v~ " > ,,< .<, e 1999 Natonal Notary Association' 9350 08 SOlO Ave. P.O. Box 2402' Chalsworth, CA 91313-2402. ~.nalionalootary.OfQ Prod.~.5907 Aeorder: Call Toll-Free 1.aOO-B76-6827 ~ g , , , ~ X < ~ . f ( (' s ~'> ( , ^ " ~ " i .'. ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): I 2-il-o \ Item # Vote: Ayes 1-<0 Nays.kr Change to motion to amend original documents: - 15 Resolution # ~._2L:f:.J L -:J-'lL Abstain ..e- Absent "'L - ~~-~~~-,- Reso. # On Attachments: ..L Contract term: Note on Resolution of Attachment stored separately: Direct City Clerk to (circle I): PUBLISH, POST, RECORD WiCOUNTY NullNoid After:~CJQr:>r---P~ 2-1S--G~_ By: ~~~,,,_., Date Sent to Mayor: 17-n-o \ ,/ ResQ, Log Updated: Seal Impressed: _,__v'" __ Date of Mayor's Signature: ,2 -l"1-0\ Date of Clerk/CDC Signature: 12~ \ 9-0 \ Date Mem ent for Signature: 60 Day Reminder Letter Sent on 90 Day Reminder Letter Sent on 45th day: See Attached: See Attached: See Attached: Date Returned: ...... Request for Council Action & Staff Report Attached: Yes No By Updated Prior Resolutions (Other Than Below): Yes No~ By Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Yes No~ By Updated CDC Personnel Folders (5557): Yes No 1/' By Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No/ By Copies Distributed to: City Attorney / Parks & Rec. Code Compliance Dev. Services ~ EDA Finance MIS Police Public Services Water Others: Notes: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: ~ Date: i..;J!,;G I ?ll I I Revised 01112/0 I