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HomeMy WebLinkAbout63-Public Works \ \ \ \ 't elTY OF SAN .JERRARDINcP- ; -^~ 0 .AEMORANDUM ./1r) ",,"x'. To THE HONORABLE MAYOR AND COMMON COUNCIL Approval of Final Map for Tract No. 11118 - Located 60D feet Northwest of the intersection of Little League Drive and Meyers Road - WARD 5 C. GLENN WILSON, Dir. of From Public Works/City Engineer Subject Date April 26, 1982 File No. 11.03/TR 11118 i Approved Date PROPOSED ACTION: Approve the final map for Tract No. 11118, accept the public dedications shown on the map and authorize execution of an Agree- ment relating to the improvements to be installed in the subdivision, BACKGROUND INFORMATION: At the Council meeting of November 19, 1979, the motion was made and unanimously passed by the City Council to reject the recommendation of the Planning Commission of denial and approve Tract No. 11118. Tract No, 11118 is a 34-1ot, single family residential subdivision. The required bonds and certificates of insurance have been filed with this office, and the prescribed fees have been paid. Also, the street improvement and grading plans have been approved. The final map has been reviewed and found to be substantially in compliance with the tentative map and the Subdivision Map Act. Therefore, we recommend that the final map be approved. /~'<(~--J C. GLENN WILSDN Director of Public Works/City Engineer c, ~t ACTION: Adopt resolution. WJP:rs Attach. cc: Marshall Julian City Administrator e.I''' Oil I'H.~~ c;;- ~ ~ i. h,3 -- o ~ - - o !.~3 o o o 0') , .., ." ,. BERNARDINO POST OFFICE BOX 131B_ SAN BERNARDINO_ CALIFORNIA 92402 SHAUNA CLARK CITY CLERK Apnl 21, 1981 L. B. Development Corporation Kirkeby Center 10889 Wilshire Blvd., Ste. 875 Los Angeles, California 90024 Gentlemen: At the Council Meeting of April 20, 1981, your request for an extension of time for Tentative Tract No. 11118, lo- cated on the bluff generally extending norther1y--from-a point 600 feet northwest of the intersection of Little League Drive and Meyers Road, was approved by the Mayor and Common Council. The tentative tract was extended from May 19, 1981 to May 19, 1982. Sincerely, SHAUNA CLARK City Clerk SC:pa cc: Planning Dept. Building & Safety-Dept. Engineering Div. Francis and Margaret Van Ison :{;)~. ..,~. 300 NORTH "0" STREET. SAN 8ERNAROINO. CALIFORNIA 92418 PHONE (7141383.5002/383-5102 - calTY OF SAN ..lER~ARDIN8 - To The Honorable Mayor and Common Council Subject Extension of Time for Tentative Tract No. 11118, Ward 5 o .AEMORANDUM ..:;,:.." Frank A. Schuma From Planning Director Date April 8, 1981 Approved Date At the meeting of the Planning Commission on April 7, 1981, the following recommendation was made: _ '.,.'~' . "." .'('.-r,~'. j~;' ;...~,~'\', .'':.'"i That the request for an extension of time for Tentative Tract No. lll18,/to establish a 34 lot subdivision in the R-l-l Acre zone for property consisting of approximately 40 acres located on the bluff generally extending northerly from a point 600 feet northwest of the intersection of Little League Drive and '.' Meyers Road, ~ recommended for approval from May 19, 1981 toMay19,1982. f.-~c ,_ This item will be on the agenda for the Council meeting of April 20, 1981, at 7:30 p.m. in the Council Chambers, City Hall, 300 North "0" Street, San Bernardino, California. ~~~L~,-.. . FRANK A. SCHUMA Planning Director mf attachments cc: Engineering Division Building and Safety Dept. L. B. Development Center Kirkeby Center 10889 Wilshire Blvd., Ste. 875 Los Angeles, CA 90024 Francis and Margaret Van Ison 700 S. Lake Ave., Apt. 135 Pasadena, CA 91106 CITY' Oil TH.~~ 4- 411 ~ -- BTY OF SAN JER~ARDINc9 - _ .1EMORAND~V1 To THE PLANNING COMMISSION From PLANNING DEPARTHENT Subject Extension of Time for Tentative Tract No. 11118 , Date April 7, 1981 Approved Agenda Item 1, Ward 5 Date Applicant: L. B. Development Corporation Kirkeby Center 10889 Wilshire Blvd., Suite 875 Los Angeles, CA 90024 Owner: Francis and Margaret Van Ison 700 South Lake Avenue, Apt. #135 Pasadena, CA 91106 Staff Analysis: The applicant has requested a maximum extension of time for Tent~tive Tract No. 11118. The Planning Commission approved this tract on November 6, 1979, with conditions which were concurred with by the Mayor and Common Council on November 19, 1979, for 34 lots on approx- imately 40 acres located 600 feet west of Little League Drive and south of Meyers Road. A zone change accompanied the Tentative Tract and was approved changing the land use zone from R-1-2~ acres to R-l-l acre. Although the applicant requested a maximum time extension, which would be two years (San. Bernardino Municipal Code, Title 19, Chapter 18, Section 24.030), the staff would recommend an extension of time for one year from May 19, 1981, to May 19, 1982, subject to all of the original conditions. If additional time is required, the Commission may grant an additional extension of one year. --,,' CITY 011 TH.::a~'WE " J;l - 0 0 0 0 tr CITY OF SAN BERNARDINO PLANNING DEPARTMENT ""l AGENDA ITEM # LOCATiON CASE Extension of Time for I TT NO. 11118 , 4 /7 /81 HEARING DATE "" ... ..l / -J"-. - \';000' - 1- R-hlz AcR.E~ !JWtt .0. _ R-J-2~<:'RI>~ R-I-I ACRE R-I "0" " - It - L 0 0 0 0 ,\\l~ November 21, 1'79 Joe B. Donadillan P.O. Box 5852 Su Benardino, Callfonla 92412 Dear Mr. Donadf-'IlInl OIl HOYeIIIDer 19, 1979, the PlamllD9 eo..balOD'. rtlCCllll- ..odation of apprcwal for ChaDqe of Zone 1110. ].lZ3, IUld TenUUve fta" No. 11118, 1oaat~ OIl the b1ungenerally exteDd1D9 northerly froa a po1l1t 600 feet northwe.t of the 1I1ter.e"iOD of Little League Drive ucJ Meyen Road, waa IIIOd1.fi~ by the Hayor ud 0 CD COuncil with the followinq addJ.t:iODal concU. tlOD : 8ri41e path. are to be provi4ed throu9hout the alte for cxoaaove1' by propertiea 111 the ana. The zone chanqe will not become effe"ive until thirty daya after pa...qe of ordlnuce amendlnq the Land U.. ZOD- 1I1q Ordinuce. Sincerely, SHAtlRA CLUJt Cl t:y Clerk SC:bjh cc: 8uild1l1q' Safety PllU1D1I1q Depart:ment Lou Be1'ltowi ta /~ :- I '0 o o o /? /J %r ~7f ~/ ~ ~ ~/ o",.J/ ~ ~ ~~: ~~~~.4f~ , ~~.~~~~~ ~~~~~~ ~~ ~~-I .j ~ITY OF SAN -,ER~ARDIN8 - o ~I .,,~EMORANDUM To TIlE HONORABLE MAYOR AND COMMON COUNCIL From RONALD L. SMITH D Planning Director of Zone No. 1123 and Tentative Tract No. 11118 ate November 8, 1979 Subject Change Ward 5 Approved Date At the meeting of the Planning COIIIIIli.ssion on November 6, 1979, the following recommendation was made: That the applications for Change of Zone No. 1123, and Tentative Tract No. 11118, from the existing R-l two and one-half acre land use zoning district to the R-l one acre zoning for approximately 40 acres of vacant land located on the bluff generally extending northerly from a point 600 feet northwest of the intersection of Little League Drive and Meyers Road, and to subdivide land into 34 individual one acre lots and realignment of Meyers Road were recommended for approval based on findings of fact contained within the attached Planning Report Format and subject to the conditions stated therein with the ing additional condition: -------..----.- ---~.-._- ,..- \ All existing water lines and other public and private utilities on this property which are recorded and serve surrounding residences shall be realigned and recorded at the expense of the developer. Said work shall be done before any grading is begun and at no time shall existing residences be without necessary public utilities. This item WJ. on the agenda for the Council meeting of Noveni>er 19, 1979 at 7,30 p.m. in the Council Chambers, City Hall, 300 North "D" Street, San Bernardino, California. ~ ..d y~ IDNALD L. SMITH Planning Director fIn atts cc: Building & Safety Dept. Engineering Division Parks Dept. Zoning Officer Joe E. Bonadiman, Eng. P.O. Box 5852 S. Bdno., CA 92412 Lou Berl<owitz, Subdiv. 10889 Wilshire Blvd., Suite 1434 Los Angeles, CA 90024 Francis & Margaret K. Van Ison 700 S. Lake Ave., Apt. 135 Pasadena, CA 91106 elry Oil rH.~~ 81TV OF SAN . __ER~ARDIN8 o ~v~EMORANDUM - To PLANNING COMMISSION From RONALD L. SM I TH Planning Director November 6, 1979 Subject Change of Zone #1123 & Tentative Tract #11118 Ward #5 Date Approved AGENDA ITEM NO.7 Date This item was continued from the October 16, 1979 Planning Commission meeting. ,. . ..". Ill.. _ ..... __~__ o o o o PLANNING DEPARllIENT REPORT FDRMAT October 16, 1979 CHANGE OF ZDNE #1123 and TENTATIVE TRACT #11118 Agenda I tern 11 Ward 5 Request: To change the zone on approximately 40 acres from R-1-2~ to R-1-1 acre. Also, to divide the 4D acres into 34 lots at a net density of .86 units per acre. Location and Area: Located 6DD feet northwest of the intersection of Little League Drive and Meyers Road in the Verdemont area of the City. Applicants: Joe E. Bonadiman - Engineer P. O. Box 5852 San Bernardino, CA 92412 Lou Berkowitz - Subdivider ID889 Wilshire Blvd. Suite 1434 Los Angeles, CA 9D024 Property Owners: Francis and Margaret K. Van Ison 700 S. Lake Ave., Apt. 135 Pasadena, CA 91106 Zoning and Land Use: Property Subject North South East West Zoning R-1-2~ acres R-1-2~ acres R-1-1 acre R-1-1 acre R-l-1 acre Land Use Vacant Vacant Vacant Vacant Vacant Streets: Widths and designations: The only street within the subject property is Meyers Road, which the applicant proposes to realign. Meyers Road is a local street not shown on the State College Area General Plan. City standards would require a 6D foot right- of-way. Sewers: Sewers are not available in the area. Therefore, each proposed lot would be served by individual septic systems. General Plan: Designation and intensity: The State College Area General Plan designates this residential area to be developed at a density of 0-3 units per net acre. Environmental Impact: The City of San Bernardino Environmental Review Committee has issued a Negative Declaration due to compliance with the General Plan and sub- mission of a traffic study for the area. o o o o Plan. Dept. Rept. Frmt. CZ #1123, TT #11118 P. 2 1D-16-79 Notification of Public Hearing: Notices of Public Hearing mailed to property owners within 500 feet of subject property on October 2, 1979 and advertised in Sun-Telegram on October 3, 1979. Staff Analysis: The major question posed by this set of applications (Change of Zone #1123 and Tentative Tract #11118) is whether or not lots of one acre in size should be al- lowed to intrude into an area where two and one-half acres has been the smallest lot size allowed to date. Historically, Palm Avenue has been the northern limit for the more urban residen- tial zones such as R-I-7200. North of Palm, the lots are a minimum of one acre in size. That zoning continues to a point just north of Little League Drive where it changes to a minimum lot size of two and one-half acres.. This would be the first intrusion of one-acre sized lots into this more rural, hilly, bluff area -- and, thus, MAY establish a precedence for similar areas further north. The Commission has previously approved small subdivisions with two and one-half acre parcels to the north. If these were to be further subdivided, it could re- sult in excessive traffic on substandard roads and easements, especially the latter. Dther potential problems may arise due to the high number of septic sys- tems, and possible inaccessability to fire or other emergency vehicles. Generally, however, a well-designed subdivision on gently sloping terrain without percolation problems or physical constraints may fit quite well into this area as long as strict engineering standards are met. It appears that the proposed sub- division, if adequately controlled, would maintain the rural character of the area and stay within the environmental holding capacity for the site and the sur- rounding area. The proposed tract has some items which need to be corrected. For example, Lot #1 is virtually cut in half by the existing creek, especially if the Commission approves the Engineering Division's recommendation to install a 10 x 8 foot re- inforced concrete culvert. In order to maintain full usability of the parcel for all future owners, staff recommends that the culvert be adequately bridged at a point approximately midway between the north and south boundaries of the parcel. This bridge should have the capacity to carry vehicles or small fanning equipment across if necessarv. 1-- Meyers Road will need to be realigned beginning at a point just south of the ex- isting creek crossing. A new crossing will be constructed and Meyers Road will proceed as shown on the proposed tract map. The 6D f~e; right-of-way will include 4D feet of pavement, curbs and gutters, but no s Lots #11 and #28 will need to be adjusted on the final map to show a minimum of 15D feet of width at their midpoint. They are currently substandard. Q o o o Plan. Dept. Rept. Frmt. CZ #1123, TT #11118 P. 3 10-16-79 Findings of Fact for Change of Zone #1123: 1. The requested change of zone is consistent with the General Plan which desig- nates the subject property for residential uses at a density of D-3 units per net acre. 2. The subject property is surrounded on the south, east, and west by other par- cels zoned R-l-1 acre. 3. The lots are of sufficient size (one acre or larger) to accommodate residences which would promote the rural character of the area. 4. The proposed zoning would not permit uses on the site which would adversely af- fect surrounding properties since rural residential exists throughout the area. Findings of Fact for Tentative Tract #11118: 1. The proposed map is consistent with the City's General Plan. The project den- sity is D.86 units per net acre and complies with the zero to three unit per acre range specified by the San Bernardino State College Area General Plan. 0. Design of the su foot right-of-way. 3. Potential drainage and flooding problems are to be mitigated through require- ments of the City Engineer. provemen 0 eyers Road to a 6D 4. Completion of this project will not result in the excessive disruption of wild- life or their habitat since the majority of habitats lie to the north. 5. The design of this subdivision or type of improvements are not likely to cause serious health problems as City water is available and all septic systems would be required to be installed in accordance with proper standards as set by the California Regional Water Quality Control Board. Recommendation: Staff recommends approval subject to the following stipulations and conditions: Fire Department: 1. Fire flow shall meet the minimum as calculated by this department. Plans shall be submitted for approval. 2. This Tract shall comply with all of the requirements of City Drdinance #1988 (High Fire Hazard Area Ordinance); 3. Fire protection shall be provided prior to any construction. 4. Due to the location of this Tract and the normal 3DD foot length of an average cul-de-sac, it is strongly recommended by this department that consideration o o o o Plan. Dept. Rept. Frmt. CZ #1123, TT #11118 P. 4 1P-16-79 be given to providing a second egress from the.cul-de-sac, thus eliminating same. This can be accomplished with easement. Police Department: 5. Approved. No conditions. Electrical Division: 6. Location of street lights shall .comply with markings as shown on map labeled "Electrical Department Map" on file with the Planning Department (Tentative Tract #11118). County Planning Department: 7. No objection. Refuse Division: 8. Approved. No conditions. County Health Department: 9. San Bernardino City water should be provided to this tract. California Regional Water Quality Control Board: 1D. The proponant shall obtain clearance from this Board for use of septic tank subsurface disposal. A percolation test will be necessary for such clearance. Street Division: 11. Approved. No comments. Southern California Edison Company: 12. The developer will be required to furnish Southern California Edison Company four copies of the final map, including title sheets, no later than two weeks prior to recording the tract. Ornamental street lights will be installed in a number and at locations as recommended by the Southern California Edison Com- pany at a differential per unit cost as filed in applicable tariff schedules with the Public Utilities Commission of the State of California. The subdi- vider shall comply with all current regulations and rules of the Southern Cali- fornia Edison Company as filed with the Public Utilities Commission for the in- stallation of underground or overhead electric utilities within this tract. San Bernardino Unified School District: 13. The subject property is served by Kimbark Elementary School, 18D21 Kenwood, Shandin Hills Intermediate School, 43D1 Little ~Iountain Drive, and Cajon High o o o o Plan. Dept. Rept. Frmt. CZ #1123, TT #11118 P. 5 10-16-79 School. 1200 Hill Drive, all in San Bernardino, California. 14. If surrounding fences, walls or other similar barriers imposed by construction are proposed. consideration must be given to leaving openings that enable stu- dents to take the most reasonably direct route to school. Parks and Recreation Division: 15. Street trees shall be installed as per City specifications, 15 gall~n minimum, 4D feet on center along Meyers Road and Meyers Court. 16. Exact locations will be designated by the Street Tree Supervisor. 17. Varieties will be determined by the Parks and Recreation Director prior to planting. Planning Department: 18. The culvert passing through Lot #1 shall be adequately bridged at a point ap- proximately midway between the north and south boundaries of the parcel. Said crossing shall have the capacity to carry vehicles and small farming equipment across. 19. All lots shall be adjusted on the final map to show a minimum of 15D feet of width at their midpoint. Engineering Division: 20. The attached memorandum outlines the conditions and stipulations of the Engi- neering Division. These are included herein as conditions as if set forth in length. ADD- All existing water lines nad other public and private utilities on this property which are recorded and serve surrounding residences shall be realigned and recorded at the expense of the developer. Said work shall be done before any grading is begun and at no time shall existing residences be without necessary public utilities. Q!TV OF SAN ~E~ARDIN9 - IIEMORAND~M To Ron Smith, Planning Director C. Glenn Wilson, Dir. of From Pub 1 i c Works/Ci ty Engi neel Subject Engineering Division's Recommendations for Tract Date No. 11,118 -- Meyers Road, West of little league Drive October 8, 1979 File No. TR 11,118 Approved Date 1. Street Dedications and Improvements: a). Meyers Road - Dedication of 64 feet right of way shall be granted. Construct curbs and gutters (at 20 feet from centerline), paving, residential driveway approaches, and street lighting system. The existing tangent alignment of Meyers Road shall be extended to the new alignment, so as to avoid any reversing curves. The existing right of way shall be retained as necessary to provide access to all abutting parcels. Meyers Court - Dedication of 50 feet right of way shall be granted. Construct curbs and gutters (at 18 feet from centerline) paving, residential driveway approaches, and street lighting system. b) . 2. All grading shall be done in strict compliance with applicable provisions of the City Grading Ordinance No. 3695 and the preliminary soils report. All grading shall utilize contour grading and blend with the existing topography. Upon completion of the grading, slopes areas are to be landscaped to provide visual relief as well as slope stability as determined by the Engineer. 3. Prior to acceptance of the improvement plans by the City Engineer, the Sub- divider's engineer shall submit sufficient soils test by a recognized soils testing lab to demonstrate the adequacy of the pavement design indicated on the street cross sections shown on the improvement plans. 4. All drainage and flood control facilities shall be provided in accordance with the recommendations of the County Flood Control District and the require- ments of the City Engineer. Construct a lD foot x 8 foot reinforced concrete culvert, as shown on the Comprehensive Storm Drain Plan (Project No.7, Area E), in order to convey the water drained in the watercourse that traverses lot 1. A bridge deck shall be constructed across the culvert to provide a crossing for Meyers Road. Drainage easements shall be granted as required by the City Engineer to drain all lots. 5. Water to be furnished by the City of San Bernardino to all lots. 6. Street name signs, and traffic control signs, as required by the City Traffic Engineer, shall be installed by the subdivider. 7. All utility services shall be underground. CITY ON TH.~V" o o o o TO: Ron Smith. Planning Director RE: Engineering Division's Recommendations for Tract No. 11,118 -- Meyers Road, West of Little League Drive October 8, 1979 Page 2 8. An easement shall be granted for Meyers Road, between the existing alignment and the tract boundary, prior to or concurrent with recordation of the final map. 9. An electrical energy fee for street lights, for a period of 48 months. shall be paid to the City Engineer prior to recordation of the Final Map. 10. Private sewage disposal facilities shall be constructed in accordance with requirements of the Santa Ana Regional Water Quality Control Board. C. GLENN WILSDN Director of Public Works/City Engineer ~~~ RDGER G. HARDGRAVE Assistant City Engineer RGH : ro 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o o RESOLUTION NO. 32-191 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 11118, LOCATED 600 FEET NORTHWEST OF THE INTERSECTION OF LITTLE LEAGUE DRIVE AND MEYERS ROAD; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION. 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 Sub- division Tract No. 11118, located 600 feet Northwest of the intersection of Little League Drive and Meyers Road, together with the provisions for its 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 an agreement with L. B. Development Corporation for the improvements in said Subdivision Tract as required by Title 18 of the City Municipal Code and the California Subdivision Map Act. Said improvements are specifically described and shown on Drawing No. 6204 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 and offers of 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. 0 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 o o o I HEREBY CERTIFY that the foregoing resolution was duly adOPted by the 11ayor and Conmon Council of the City of San Bernardino at a reqular of Hav meeting thereof, held on the day 3rd , 19-E.., by the fOllowing vote, to wit: AYES: COUNCIL MEMBERS Hobbsn ilAYS: None ABSENT: Castaneda. Reillv. Ouiel. Council Members Hernandez, Botts, Strickler ~L7~ , y erk day of The foregoing resolution is hereby approved this ..:r".,c Hay Approved as to form: ,~;#J~ , 19 82 0 1 2 3 4 S 6 7 8 9 10 11 ]2 ]3 14 ]S ]6 ]7 18 ]9 20 21 22 23 24 2S 26 27 28 o o o A &lU.I!H.!!I (subdivision improvements) THIS AGREEMENT is made and entered into this .;r~ day of 1Y/<ZJ4, ,19M, by and between the CITY DF SAN BERNARDIND a municipaf corporation, hereinafter referred to as "City", and L. B. DEVELOPMENT mRroRATION , hereinafter referred to as "Subdivider". RI.f.lT~.!:.i: Subdivider has presented to City for approval a final sub- division map (hereinafter called "map") entitled" TRACT NO. 11118 " The map has been filed with the City for presentation to the City Counci 1 (herei nafter called "Counci 1") of the Ci ty for its approva 1 , which map is hereby referred to and incorporated herein. Subdivider has requested approval of the map prior to t~e con- struction and completion of improvements, including all streEts, highways or public ways and pUblic utility facilities which ere a part of, or appurtenant to, the subdivision (hereinafter called "!ubdivision") designated in the map, all in accordance with, and as requirE'd by, the plans and specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which rlans and specifications are now on file in the office of the City Enqineer of City. Council has approved said map and accepted the dedicaticns therein offered, or some thereof, on condition that Subdivider first enter into and execut~ this agreement with the City. - ~ Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 22 23 ~ ~ 26 27 U o o o This agreement is executed pursuant to the provisions of the Sub- division Map Act of the State of California and Title 18 San Bernardino Municipal Code. NDW. THEREFDRE, 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 Enqineer 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, here- tofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Commencement and Performance City hereby fixes the time for the completion of said -2- - 0 1 2 3 4 S 6 7 8 9 ]0 11 ]2 ]3 ]4 IS ]6 17 18 19 20 21 22 23 24 25 26 27 28 1. - ~ IIll - 1& 0 0 0 work to be within: 24 MJNrHS from the date hereof. 4. Time of Essence - Extension Time is of the essence of this agreement; provided, tha 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 performanc of this agreement. The City Engineer shall be the sole and final judge as to whether or not good cause shown to entitle Subdivider to an extension. 5. Repairs and Replacements 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 re- placed, 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, -3- - 4 L ~ o o o o 1 2 3 4 5 6 7 8 9 10 11 ]2 13 14 ]5 ]6 17 ]8 ]9 20 21 22 23 24 2S 26 27 28 and subject to the approval. of the City Engineer. 6. Utility Deposits - Statement Subdivider shall file with the City Clerk, prior to the commencement of any work to be perfonned within the area delineated on the map, a written statement signed by Subdivider, and each public utility corporation in- volved, 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 with in the subdivision. 7. Permits: Compliance with law Subdivider shall, at Subdivider's expense, obtain all necessary permits and licenses for the construction of such improvements. give all necessary notices and pay all fees and taxes required by law. Subdivider shall comply with all provisions of the Subdivision Map Act and Title 18 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 -4- - 0 1 2 3 4 5 6 7 8 9 10 11 12 13. 14 15 16 17 18 19 20 21 n 23 ~ ~ 26 27 U ~ - - o o o is in preparation. 10. Contract Security Concurrently with the execution hereof, Subdivider shall furnish to City improvement security as follows: (1) An amount equal to at lease one hundred percent of the total estimated cost of the improvements and acts to be performed as security for the faithful performance of this agreement; (2) An amount equal to at least fifty percent 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 (3) An amount equal to at least twenty-five percent 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 attorneys' 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 18 San Bernardino Municipal Code. -5- 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS Hi 17 18 19 20 21 22 23 24 2S 26 27 28 o o o and the type shall be at the option of and subjec to the approval of the City Engineer and the City Attorney. 11. Hold Harmless Agreement Subdivider hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, Officers, agents and employees, harmless from any liability for damage or claims for damage for personal injury, inclu ding death, as well as from claims for property damage which may arise from Subdivider's or SUbdivider's con- tractors', subcontractors', agents' or employees' operations under this agreement, whether such operation be by Subdivider or by any of Subdivider's contractors, subcontractors, or by anyone or more persons directly or indirectly employed by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcon tractors. Subdivider agrees to, and shall, defend City, and its elective and appointive boards, commissio s, officers, agents and employees from any suits or action at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: a. That City does not, and shall not, waive any rights against Subdivider which it may have by reason of the aforesaid hold harmless agreement, because of of the acceptance by City, or the deposit with City by Subdivider, of any of the insurance policies described in Paragraph 12 hereof. -6- Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 W 21 II 23 ~ ~ 26 27 ~ o o o b. That the aforesaid hold harmless agreement by Sub- divider shall aPlly to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the afore- said operations referred to in this paragraph, re- gardless of whether or not City has prepared, supplied or approved of, plans and/or specificatio for the subdivision, or regardless of whether or not such insurance policies shall have been deter- mined to be applicable to any of such damages or claims for damages. 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall have obtained all insurance required under this paragraph and such insurance shall have been approved by City Attorney as to 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 insur- ance carrier. a. Compensation Insurance Subdivider shall maintain, during the life of this agreement, Workmen's Compensation Insurance for all SUbdiVider's employees employed at the site of im- -7- 0 1 2 3 4 S 6 7 8 9 10 11 ]2 13 14 ]S Hi 17 18 ]9 20 21 22 23 24 2S 26 27 28 o o o provement, and in case any work is sublet, Subdivid~ shall require any contractor or subcontractor similarly to provide Workmen's Compensation Insurano for all contractor's or subcontractor's employees, unless such employees are covered by the protection afforded by Subdivider. In case any class of em- ployees engaged in work under this agreement at the site of the project is not protected under any Workmen's Compensation law, Subdivider shall provide and shall cause each contractor and subcontractor to P Dvide, adequate insurance for the protection of employees not otherwise protected. Subdivider shall indemnify City for any damage resulting to it from failure of either Subdivider or any contractor or subcontractor to take out or maintain such insurance. b. Public Liability and Property Damage Insurance Subdivider shall take out and maintain during the lif 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 sub- contractor performing work covered by this agreement from claims for damages for personal injury, inclu- ding death, as well as from claims for property damage 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 directly -8- lL Q 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o o or indirectly employed by either Subdivider or allY contractor or subcontractor, and the amounts of :>uci1 insurance shall be as follows: (1) Public Liability Insurance In an amount not less than $100,000 to;,: injuries, including, but not limited to, death, to anyone person and, subject to the same limit for each person, in an amount not less than $ 300,000 on account of anyone occurrence; (2) Property Damage Insurance In an amount not less than $50,000 . for damage to the property of each person on accoun of anyone occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insure3 any entity, person, board or commission other than those mentioned in this paragraph, such policy sh~ll contain a standard form of cross-liability endorse- ment, insuring on such policy City, its elective and appointive boards, commissions, officers, ag';:1t.s and employees, Subdivider and any contractor or sub- contractor performing work covered by this agreencnt 13. Evidence of Insurance Subdivider shall furnish City concurrently with the execution hereof, with satisfactory evidence of t~e insurance required, and evidence that each carrier is required to give City at least ten days' prior notice -9- Q 1 2 3 4 S 6 7 8 9 10 II ]2 ]3 14 IS 16 17 18 ]9 20 21 22 23 24 2S 26 27 28 o o o of the cancellation or reduction in coverage of any policy during the effective period of this agreemellt. 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 structll'l\J 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 agree~ent, fails to fulfill any of the requirements of this agree- ment 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 structur~, Should Subdivider fail to act promptly or in accordal.ce wi th this requirement, or should the exigencies of the Subdivider can be notified, City may, at its option, make the necessary repairs or replacements or perforl', the necessary work and Subdivider shall pay to City the. actual cost of such repairs plus fifteen percent (15~j. 16. Subdivider Not Agent of City Neither Subdvider nor any of SUbdivider's agents or con- tractors are or shall be considered to be agents of City in connection with the performance of Subdivider's obli- -10- 0 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 o o gat ions under this agreement. 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit fees for all engineering inspections and other services connected with the City in regard to the subdivision. Said fees shall be paid prior to commencing any con- struction. 18. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution :or. 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 obtai 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, subcon- tractors, agents or employees, should violate any of the provisions of this agreement, City Engineer or City Council may serve written notice upon Subdivider and Sub- divider's surety of breach of this agreement, or of any portion thereof, and default of Subdivider. 19. Breach of Agreement: 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 ..'ork and the improvement herein specified; provided, however, that if the surety, within five days after the serving -11- o o o o 1 upon it of such notice of breach, does not give City written notice of its intention to take over the perfor 2 3 mance of the contract, and does not commence performanc 4 thereof within five days after notice to City of such s election, City may take over the work and prosecute the 6 7 8 9 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 occasionec City thereby; and, in such event, City, without liabilit~ for so doing, may take possession of, and utilize in 10 11 ]2 completing the work, such materials, appliances, plant 13. and other property belonging to Subdivider as may be on the site of the work and necessary therefor. 14 ]S 16 ]7 ]8 ]9 20 21 22 20. Notices All notices herein required shall be in writing, and de~ livered in person or sent by registered mail, postage prepaid. Notices required to be given to City~hall be addressed as follows: City Administrator, City Hall, 300 North "D" Street, San Bernardino, California 92418. 23 Notices required to be given to Subdivider shall be addressed as follows: L. B. DEVELOPMENT OORP., 6819 SEPULVEDA BLVD., SUITE 204, VAN NlNS, CA. 91405 24 2S 26 27 28 Notices required to be given surety of Subdivider shall be addressed as follows: DEVELOPERS INSURANCE CDfPANY , POST OFFICE BOX 1159, IDS ALAMITOS, CA. 90720 Provided that any party or the surety may change such -12- 0 1 2 3 4 S 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 2S 26 27 28 o o o address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. IN WITNESS WHEREOF, the parties hereto have executed th~s agreement on the day and year first above written. ATTEST: ~-11"~... C1.ty C er Approved as to form: ~ ~It.#/AiMd City At rney SUBDIVIDER /~ By ~ - -;"-.' "T <./' . By ~ ~,ioHo.t' INSTRUCTIONS If the Subdivider is a corporation, the agreement must be executed in the corporate name and signed by the President or a Vice-President and the Secretary or Assistant Secretary, anc< Lne 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 by the Subdivider. -13- o o o (Corporation) STATE OF CALIFORNIA COUNrY OF Los Anlze1es On April 15, 1982 Louis Stale, penooaUy a~ known to me to be th~ President, IIntl known to me to ... ........tary of the corporation tbat executed the within Instrument, known to me to he the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me tbat such corporation executed the within instrument pursuant to its by-laws or a resolution of its baud of directon. WITNESS my haDd and official seal. TO .... CA (8.7") } M. o _nn.e INSURANCe _AND1RIJ5I' .-- t ~fore me, the undenigned, a Notary Public in and for said Berla:nntz Marion Berkowitz .. 0: .. '" .. ~ L . Iii ! ~.....,.. '........ .~_.'. .' ~\~l~. ". ,') ';:l~:;;;:/ OFFIC!.~.L S~I.~ L SM\RA KAY LEEDY r:0:"':'v ~U!)t'C . CALl::',:,":'!NIA ~os t.NGRr:S CO'JNTY My camm. expires JUN 21, 1:22 :} "V" l (Thll area for ofBda1 notarial seal) o 10 II 12 13 14 15 16 17 18 19 20 21 22 23 - ~ .t. o 0 RESOLUTION NO. 34-540 o I RESDLUTIDN OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF 2 THE STANDARD FDRM OF AGREEMENT FOR IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 11118, LOCATED 600 FEET NORTHWEST OF THE INTERSECTIDN DF LITTLE LEAGUE DRIVE 3 AND MEYERS ROAD. WITH TIllE FOR PERFORMANCE SPECI FI ED. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: - 5 SECTION 1. The' .Mayor and Common Counci 1 fi nd that the proposed subdivision Tract No. 11118, located Northwest of Little League Drive and Meyers Road, together with. the provisions for its design and improvements, is consistent with the General Plan of the City of San Bernardino. 6 7 8 9 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 Western Desert Corp., a California corporation, for the improvements in said subdivision tract as are required by Title 18 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 Drawing No.;.5204, approved and on file in the Office of the City Engineer of the City of San 8ernardino. SECTION 3. The Subdivider shall first execute the agreement referenced in Section 2 hereof for the improve~ents within said subdivision. The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as set forth in this resolution. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at areqular meeting thereof, held on the day of Decerrber 17th 24 1984, by the following vote, to-wit: 25 26 27 28 AYES: Council r.1embers c"..trmeda. neillv. Hernandez, 01,~~1 F~~~~pr. ~tric).ler NAYS: ABSENT: ,.:r",".o. Council !'.el".ber ~!ark5 e 1 2 3 4 5 6 7 8 o o o ..#1U#n?/ ~ / City erk day of The foregoing resolution is hereby approved this ~~~~ Decewer , 1984. Approved as to form: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 I I I 27 I I 28 I I I -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 o o o ,aiRII!H.!i1 (subdivision improvements) THIS AGREEMENT is made and entered into this ...<M,(...day of 1 ,(~ ,1981: by and between the CITY OF SAN BERNARDINO a municipal corporation, hereinafter referred to as "City", and , hereinafter referred to as "Subdivider". RIf..!.IAhi: Subdivider has presented to City for approval a final sub- division map (hereinafter called "map") entitled" TR-11118 " 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. Subdivider has requested approval of the map prior to the con- struction 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 City. 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. Q 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 o o This agreement is executed pursuant to the provisions of the Sub- division Map Act of the State of California and Title lB 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 EnQineer 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 specifi cations therefor, here- tofore approved by City Engineer and which are now on file in his office, and to the satisfaction of said City Engineer. 3. Work: Time for Corrmencement and Performance City hereby fixes the time for the completion of said -2- Q 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 o o work to be within 24 Months from the date hereof. 4. Time of Essence - Extension Time is of the essence of this agreement; provided, that in the event good cause is shown therefor, the Citv Engineer malt extend the time for completion of the improvements hereunder. Any such extension m~y be granted without notice to the Subdivider's surety, and extensions so granted shall not relieve the suretv's liabilitv on the bond to secure the faithful performance of this agreement, The City Engineer shall be the sole and final iudge as to whether or not good cause has been shown to entitle Subdivider to an exten- sion. 5. Repairs and Replacements 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 destroved or damaged, and Subdivider shall re- pla~e or have reolaced, repair, or have repaired, as the case mav be, or pay to the owner, the entire cost of replacement or repairs, of any and all property damaged or destroyed bv 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 anv agencv or political subdivision thereof, or by the City or by any public or private corporation, or by any person whomsoever, or bv any combina- tion of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval, of the City Engineer, 6. Utility Deposits - Statement Subdivider shall file with the CitY Clerk, prior to the commencement - 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 o o o of any work to be performed within the area delineated on the man, a written statement signed bv Subdivider. and each public utilitv 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 cornoration within the Subdivision. 7. Permits: Compliance with Law Subdivider shall. at Subdivider's expense, obtain all necessarv permits and licenses for the construction of such improvements. give all necessarv notices and pav all fees and taxes reouired bV law. Subdivider shall comply with all orovisions of the Subdivi- sion Map Act and Title 18 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 Citv 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 bv City, to all Darts of the work, and to the shoos wherein the work is in preparation. 10. Contract Security Concurrently with the execution hereof, Subdivider sha11 furnish to City improvement security as follows: (1) An amount eQual to at least one hundred oercent of the total estimated cost of the improvement and acts to be performed as security for the faithful performance of this agreement; - 4 - - ~ Q 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 o o o (2) An amount equal to at least fifty percent of the total estimated cost of the imnrovements and acts to be nerformed as securitv for the payment of all persons performing labor and furnishing mater- ials in connection with this agreement; and (3) An amount eoual to at least twenty-five percent of the total est:mated cost of the improvements and acts to be performed 2S security for the guarantee and warranty of the work for a neriod of one (1) year following the completion and acceotance thereof against a~y defective work or labor done, or defective materials furnished. As a part of the obligation guaranteed bv the security and in add- ition to the face amount of the security, there shall be included costs and reasonable expenses and fees, including reasonable attorneys' 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 18 San Bernardino Municipal Code; and the type shall be at the option of and SUbject to the apnroval of the City Engineer and the City Attorney. 1. Hold Harmless Agreement 19 20 21 22 23 24 25 26 27 28 Subdivider hereby agrees to, and shall, hold Citv, its elective and appointive boards, commissions, officers, agents and employees, tarwless from any liability for damage or claims for damage for personal injurv, including death, as well as from claims for property damage which mav arise from Subdivider's or Subdivider's contractors', subcontractors', agents' or employees' operations under this agreement, whether such ooerations be by Subdi vi de;' or by any of Subdivi der I s contractors, subcontractors, or by and one or more persons directly or indirectlv emploved by, or acting as agent for, Subdivider or any of Subdivider's contractors or subcontractors. Subdivider a~rees to, and shall, defend City, and its -"5 - Q 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 o o appointive boards. commissions, officers, agents and emolovees from any suits or actions at law or in eouitv for damages caused. or alleged to have beer caused, bv reason of anv of the aforesaid operations, provided as follows: a. That Citv does not, and shall not, waive anv rights against Subdivider which it may have bv reason of the aforesaid hold harmless agreement, because of the acceptance by City, or the deposit with Citv by Subdivider. or ~.n\, ef the insurance oolicies described in Paragraph 12 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, bv reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not Citv has orepared, supplied or approved of, nlans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to anv of such damages or claims for damages. 12. Subdivider's Insurance Subdivider shall not commence work under this agreement until Subdivider shall hav,! obtained all insurance reouired under this paragraoh and such insurance shall have been approved bY Citv Attornev as to form, amount and carrier, nor shall ~ubdivider allow any contractor or Sub- contractor to commence ~~rk en his contract or subcontract until all similar insurance required of the contractor or subcontractor shall have been so obtained and approved. All reauirements herein provided shall appear either in the body of the insurance policies or as endorse- ments and shall specificallv bind the insurance carrier. - 6 - - 0 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 o o a. Compensation Insurance Subdivider shall maintain, durin9 the life of this agreement. Workmen's Compensation Insurance for all Subdivider's emolovees employed at the site of imorovement, and in case anv work is sublet, Subdivider shall require any contractor or subcontractor similarlv to provide Workmen's Comoensation Insurance for all contractor's or subcontractor's emolove~s, unless such emolovees are covered by the protection afforded bv Subdivider. In case any class of employees engaged in work under this agreement at the site of the project is not protected under anv Workmen's C0mpr:nsvticn Law, Subdivider shall crcvide and shall cause each contractor and subcontractor to ~rovide, adequate insurance for the protection of emplovees not otherwise orotected. Subdivider shall indemnify Citv for any damage resulting to it from failure of either Subdivider or anv cOntractor or subcontractor to take out or maintain such insurance. b. Public Liablitv and Propertv Damage Insurance Subdivider shall take out and maintain during the life of this agreement such public liabilitv and oropertv damage insurance as shall insure City, its elective and appointive boards, commis- sions, officers, agents and employees, Subdivider arod any contrac tor or subcontractor performing work covered by this agreement from claims for damages for personal in.;urv, including death. as well as from claims for property damage which may arise from Subdivider's 01' any contractor's or sabcontractor's operations hereunder, whether such operatiors be by Subdivider or anv contractor or subcontractor, or bv anvone directlv or indirectly employed by either Subdivider or any contractor os subcontractor and the amounts of such insurance shall be as follows: - 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 o o o (1) Public Liabilitv Insurance In an amount not ~f:SS than $100.000.00 for injuries, including, but not limited to, death, to any one oerson and, sUbject to the same limit for each person, in an amount not less than $ )00.000.00 on account of anv one occurrence; (2) Property Damage Insurance In an amount not less than $50.000.00 for damage to the property of each person on account of any one occurrence. In the event that any of the aforesaid insurance policies provided for in this Paragraph 12 insures any entity, oerson, board or commission other than those mentioned in this para- graph, such policy shall contain a standard form of cross- liability endorsement, insuring on such policy City, its elective and appointive boards, commissions, officers, agents and employees, Subdivider and any contractor c.r subcor.tractor performing work covered bv this agreement. 13. Evidence of Insurance Subdivider shall furnish City concurrently with the execution hereof, with satisfactory evidence of the insurance reouired, and evidence that each carrier is required to give Citv at least ten days prior notice of the cancellation or reduction in coverage of any policy during the effective Qeriod of this agreement. 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. - 8 - o o o o 1 15. Repair or Reconstruction of Oefective Work If, within a period of one year after final acceptance of the 2 3 work oerformed under this agreement, any structure or part of any 4 structure furni5hec e.nd/or instal:ed or constructed, or caused 5 6 to be installed or constructed bv Subdivider, or anv of the work 8 done under this agreement, fails to fulfill any of the requirements of this agreement or the soecifications referred to herein, Sub- divider shall without delay and without any cost to City, renair 7 9 or replace or reconstruct any defective or otherwise unsat;sfact- OrY 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 Subdivid(:r car. ~e r.ctified, City may at its ~ption, make the necessarv repairs or replacements or oerform 10 11 12 13 14 the necessary work and Subdivider shall oav to City the actual cost of such repairs plus fifteen percent (15%). 16. Subdivider Not Agent of City 15 16 19 Neither Subdivi der nor any of Subdi vider' s agents or contractors are or shall be considered to be v~~nts of City in connection with the oerformance of Subdivider's obligations under this agreement. 17 18 20 17. Cost of Engineering and Inspection Subdivider shall pay to City the costs of all permit fees for all 21 22 23 engineering inspections and other servi ces connected with the Citv in regard to the subdivision. Said fees shall be paid prior to 24 commencing any construction. 25 26 18. Notice of Breach and Default If Subdivider refuses or fails to obtain prosecution of the work, 27 or any severable part thereof, with such diligence as will insure its completion within the time specified, or anY extensions thero~, 28 or fails to obtain completion of said work within such time, or if - g - c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 26 27 28 19 20. o o o the Subdi vi der shoul d be adjudged a bankrupt, or Subdivi del' should make a general assiCln llent for the benefit of Subdivider's creditors, or if a receiver should be anpointed in the event of Subdi"iC:er' 5 insolvency, 0" if Subr.i"icer, or any of Subdivider's contractors, subcontractors, agents or emp 1 ovees, s houl d vi 0 1 ate any of the provisions of.this agreement, City Engineer or City Council may serve v/ritten notice uron Subdivider and Subdivicer's 'surety of breach of this agreement, or of any pcrtion thereof, and defaul t of Subdividet'. Breach of Agreement; P!!rfonnance I)" Suretv or City In the event of any such notice, Subdivider's surety shall have the duty to take over anci complete "he work and the improve",ent herein specified; provided, however, that if the surety, within five days after the serving upon if of such notice of breach, does not give City written notice of its intention to take over the perfonnance of the contract, and does not commence perfoml~nce 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 m~v deem advisable, fer the account and a.t the expense of Subdivider, and Subdivider's surety shall be liable to Citv for any excess cost or damages occasioned City thereby; and, in such event, City, without liabi- lity for so doing, may take possession of, and utilize in com- pleting the work, such materials, apoliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary therefor. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. - 10 - t . ..". '.. ~ .... . " o "t.,-4 V'.:.,~ ..-,;..~ .:-,.._J .....-;:' ;~~.~:t~,~~}l . .,,_!"<.-..t~-::"""'~;'~ . .: _:. "~;A.~~;:: ;:~~~'1) . "':-'i-J.~~~,,-:....,..... ~'T"~.... ......::r~>;;-:,r.._.J..:,...:..- ~!!~~l:z :'~'~"$ji1""~';?' ' '.,~.t'~: ~".:.fo -,.,'!;;~ ;~Jj~~E-'~f~~,:l~ ~:f~~i8.:r-~~;.~./ \':":~.~:~' :~}\..,'\ .':-.....(.;.;~~:...c.l.;.:5...... ...~........ '.: "'~-''''':-j~I~~.. iittd{f~~~~i;l ~. ~_~;;. .-;},-~:.c~~~~.~~.~ :::':~:~~;~;:'-",:':.;,':(..~ ~~";4' ...,\--..........l'~..-.;:,.~.", '.~ ~.'\~:;,..:~~ih " '. ~-" 9 : '-~:: 10 11 12"".' - .:.:.1 ... -..: , .: i3;:~ ./ ~~fu~ti " ., ,1.4.". ......, '..~ M_." .;:\ .~ 'IS =;0. '-"~':~ ...;.. 16;;.' ", .~ J- . '-;"~,:~: '.1'7.;--';' ".:>~: 18 '19 '20 .......". 21 '7_: .-.:" -'.- t..~. - ::,22.... .~::~: .." . " " 23.' .; ."' . .~: .. ~~ 24 ~. 2S 26 " ~......,...-:.t1.~~ .......";".~j.,: -,;- ~;j.~v:!l::....~.b.~~...".,"-.... ~-.:..':........'~-::"',:. . ~... '.,. ~,.b~.;~~~~~'";io:olo.-->~~......I-'~'J.r"ir.:o;-..::1&~.:;.io~:.;::~~~.--~~~l,~/:::~--sil.:.:. s'.i _~.'...... ':1 .'p:-y ..:a.;.'... \.;,':"L ..~-: ':.,.\o:(~...::-,-:t! .....""v!~;., ,..':':~~. ~~~lC'~ ... . tt~",;-,,,J'-:.:~ .);.i~~" .-::...+.....- ;'(.:j:-._~,.f.{,,,, ,.<:,-/ ~~"'~..;,. " ,.:~~.~:t 'jt. "-':' J1:..-:ci:';..:.~~~~ :~~~l:~~~.;':..~~~~~ '. :"..~..~~ '~:. .~ ~..~~"':.:..:~~.!/:.. ...~. . ~~s:,., \..r!-.;.:..,....;...~~~~.~ ..r....~;.~~-'!.~ ..;;....-?-":':~..~.'>~'"t:..s .~~...-".:"::~~......~.....:-: ',', r.:;JI<!.~i.C!!~~M~jtt;4.}..,: ..~i.v~n~:!:o:.:g,ff.v~shallb.e_a~dr.essed as follows: ~~:::~. ::jh~~~~~~'~ - ~.~ .:f~~~.'i:.:':'.t~:;~~t~A~3~.~ ...:.~t.' . ~>;f.]t:(A~lji}s_t.r~~~';. }'tlim1i:Jl:, 3~.Q 'Nort.!i :.~Op:' It~e~t, San Bernardino, .. .... ;. :&-!!~~ .... . ?:..~ .,....~~.~ ~"..~ t.;c..--t ~ _.... "..,.,. ..,. .... . < . ..,'. ...d"~,,::,'i...~ .......;;.:"~'"" .~':t;:."';.. ~~'"!~...".;.,.~,~-5.r~~ .. ....::?-. ..... h . '. .'....; Callfomia 9241a,,,,~,~,,,,,,..,,.....,:r,,,....~.,:- .~. ':,~.. '. ..<t.."'-.....;I........,..~,.~..;.-.O':..~\ .~ ~.. ..:~..:!-:;:-...~,.;1.~..:"...".~~...__._. ~<t~'t"~ - -.~...,K/..i.:~ " '';Cl( ~~:~:~ ~,,,.~:',,d:~...~n:,;...:: . .'f...~'"'l::-".. f:~'.' N'ot.i'~~::..;ea'~i..~~>: 'i~~~y?}:'t';}~~~iX.'i.d,.~;)~h~1.1. be address ed as fo 11 ows: '''''. ,~._ .... ...~'1<' ....-~-<>!S_.:l>i.~.,"'..,.. . ,......., . .... . . ...,.. . ~t~\~-~ .'.JfeISr$~-.Mj~-~1i?;%,\6~:~1~tiJi:~~.~~:.:.:~?:~(fl~'".. :'?ji-~~>~,:,: ,. .~., Q~. ~,Ill . .. enue. J ... ~ . . ~\~~-.(I..~:P:-:cf.::fB..... . :.." ~;,.n ,~': ~~J:)..~:...:_..:.::.:~:.~.;.:..:.l.~.:-'<.~..~...;::.~.....'...;. ~.'.'..~" < .1t':o._'_.,:':. " .. ,..~.: ox,.~.3,U.(p .. or " i~~".. ...' ,n "r -0 _~l'~ -. . :;2~ot{~;.reQ9i ~ed$t$" ~-i~~.;,,;.::;-..,~~~~f::; _,~~/.,~~, ' '. .... . ..~(~~~~~~~'"~.:.;t;l..:,~~ . ,. ~ ~ .,~-:.~~......,~ .....* ~~.;fOlrOWS;. -'FIRST T U . ~ -'.S" ."... . .4-~).....:.....~:..~~5i{.~o-BOX'--3670 ~~.....-,~'~~~'J.. . .~.< ..:.. ..::........ ~. ~l~~...."';\r~::....'.:i-~:r':~..~ . ~!:-:.s~:. '-..;.", "" ..~,....._--.._~:.."~;~~~?~.j~:;:.;.;..'. ;..,.,'.,..-.~"',... ,43J NQRTH EUCLID AVENUE ___.._:~':,"~:~;:o.i'/'. ':. ',. ;,:;t"ij," '_ (.J~:' ':'QNT~~ ~ ,76' .-!.;'\~;..~....,.~~...."('..~'" '~~ ...---.,,'.. "', . ~,~. P/O~id.;d.:J:ij!!':~.~~ 'Pi; the' \ u~et{!!i~Y-:~h~~~:r~~(a~d;:e's ~) v not i ce in wri\i;;'~ t9' ~~~]:tit?~~~,!'a~1t~~f; j~'!:~~~_~~;t~~?l t:~~: '~~dres sed 'a.nd - '" . -. .~'e-:.j.~.,/;~~...~~~."'...j"...~.'.:...,\ . -'....;;..."'..:~,~...... ...:.',4t.:":.<. ,.'- . . . .~^ ... ~.X'Jtt!., ..~.. ....;..:'. ......, "...,.':.-;,..'~ ~,..!...; .v':"'~. "~-. . - transmitted' to the'r/ew,'address~." . .<:::. '( .;~..,,"?'I ...-..".';".:..-:.'. " .~ ... '. ~I:~~:" -':~~~~~~%&~1'~'\ ,~','r~~~:i.~~:~'.~~~1f~Y:':~~~~,'~.:,:'" . ~~ I,~ .W:1~?S \onjEREo.f,(<~J. .~A~~~~;,;;J~i",,~1:.t:~x~~uted ':t.'l~~_~.re:~:ft on >;'>,'\'fh~\ra:v~ndve'~r:'tii'., . . ";~itte~~.;~'."~"'f.:rl'..kt~.. ?{k.;:::.....~.,. ,. . :il,:~...: "''-: O-i;~'~UO:~;....-.'~~ ~9~' -{.~ "I: ".~,".. iih' '" . 1; .........~, ,~!t.5-. .... .;;:s\~;.,:;,..:. l,O; ~';r"1.t'l~ <:;.~ ~:ti:..., . .:;t. .-t'. .. -,.. ~~:;i-:-ii..;;:~~.:!.ry-~'f?-I.>.. (: ""'.~ :~~,~,:;".;::c ~ . ::m=::~~..:BERNARfJI . " ~ ....,...~ ,-,~t; ,.,,'.3.%-,~~~o- '....G,;.,.:"... _J._.....;.,.-I~.;.€~....~'"'.~Ao..< ....,.. ":' !4:.-.;. . .~ "'10-" ~~... . ,~.:.-.,;..~.~~~oI...__ t#~"""lf"".:.1""'\"'...-""IIi'..~ .~. ~~.. '.. ':.... . .... <<'.'Z~.b""M' ...:t.:~ ....,,..., .;'if' of r;!"',~;~, . . . ,.. ATTEST- :... ~-;.-?;r~ "r"':;';h~'.'\.'.."-".:i'" ',.,'~~-, ' .. 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". ..~...::. :..... ~';,t. . ~'I> ,"-- .' _: ,~','. '. .'. ~'_" ~k..( ~,~!:,,~.;- _'.:..,'.:a.: o.Jo!::,.'I:.-",'..'/1 i ty Cl er:'K . "',;".r..'-:-- ""~.,,.. ";' >;-,. .. .<".~', ., ~-c:. "......,,"',;. ,. .~,.. " . ", .,-,"" . _ '~.:..' h~--ft,';~~., t .:'..:1' .~.~' '. ....J. '~::':~.~..I.:'\i ~''':'''~,,::-:'''~''~'''''':-:$~.:''~~''''.'~''; .,'. ':_~~.:j.~ :,:-.. : . ....~ ,..,i', '~J...~........~.;I. ..... -..;. "/V!'{' .*.....'"'~) ......-.:.~,.:. -......~.... . ~'. '. ,.:....:., .~.' --7'-.. )'f .::.... "",1~~...~ ",;.:.::: ..~~:~~. "':~. -' "ifWlttJ" '''~C;-+;....~' :.~lt'.".p.r.....riJ;:::~ ,:/:..'- . ":"" .~.- . ;>,.t, __.:f<~..... ~~ '''>''~!-'-''~~~.r-'''~~' .'.- '"""r'O In~J1q~ ..' ....;o:Y~~~....&:...:>:.., /~...~.,..,.-;", .' .,w....._..#.'.._.......w~.~. ,.;U..... ,. ;- ."'oJ ut:.'\; ..~.......~...__.I'......__).~,':JJI"-_ ........ '" '.~: "--, ..... ~;~.~~~.;:~~-~.t,~y~~...~~~':,~ .~~/,;.~ . '-'~"~. (.g~?:8.~~hy. ~ ..,;~....~.-:OJ~.~~ R8T.~~9r-L~:' ':-.~~:!::~. \> , .. ..." . ....-~...." ~'iII1'": lod......~ ~.- .. '. ~.,. ......~ <.,.. '.' . ...) _'f' .~..." ~.~ "- ~ .' .: ,'~ \-....~ _: ,.,.' "::-',"i ." ......)<~cj.~...~~~.-.. l.... ,....,;.,~..-;;.~~ ~ -.'-' .-....f:::. ':-;;:"'. :.-~ ~l'< ,:; .'- :......,~..........j".,.:."~1..;....J......,,.#; . .....'. '.' ,.'t;;~""",....'~' ........ ~.'". ~!"",_";,,,'"'''' __ :.:_:;<,':~....:;..:...."':,..:.:.~~i:. ,"~'"':i}.~.t'..;$ ""1.r: ~~~ ".'". ~_ -A;;'; ',: '7' ~ ,'" .j.' ...{ ~:~,.., ,\ ,"'.,. Arlproved"as ~to:OfQ,;",;~::.(;,.-':1~;:.;'1,,:".: .~,'gy." ,.c. ....~ ~ . ,'~ .:'.-:..:'_........~.~.!~....'~::-,:::~y~;:r,-l~ ,~.""r': ,,',..;" - ::~I":. ,.. ~~;_ .-: '.j.~~~oi;.~S. ~~.,.'1~'--:::.:.~..,'..:?~.~..~~.~ . -;....~:. . Us. ce~qo. . dban,. P.roc i.dent ..;!..-. ..~ "'~'. .... . ~. '. ~ _~ --':"1: ...... ....,~~ . . ~ . - .,'.",:. . ,,~, . ":'" ~!,'" ,....... . ....~. :"a':~"L' ~ ... ~. . _ ~..... . -...-...'1'.~........ ,o.-~ ..: ~ ..,. . . \ ...:;..,,; .....,.~~ -:;":.....;' "'..~.;~~~. .'~.:4......;,': .:...... ~ ...t....... ~4, . -~ ':' r.... .... ":' ,," . f" '.' - ~..~~. ,".~..~./l ,.:r"'~,. -.,.... \:.... " .,.. ,'.' City Atto;;,~;..'~:.,:_e,...,$~,;j~ig:;...:,..6.i...:,.. ". es~"E'. '., . r' b'^t.:t "s"e:.c:. r' e..t:a.r~y......-.'. ,,:; .:. . . . ,......... """",.::.l):.~"". ..., .:,. ':A1!....::.~ ..~ ._ '_~~"'. _.... ~ . , '" ...:-.....: -,~... ..::. . ~~.- '\..... .JtM-.,." ;-;Y' '. .. -~,,,.~~,~ ~.r-, -,;.., '~!.L" ~ ..'" .~ . ,~-.::::,~ .:..t.-'..;\~~~"",~~!'"........: ~.,' '-, '~;,~~~..~.~.t ~~""}~l:.' . _-'~.t ~~:~;~~,.,~~ ~~> ~ .~.", .,~ ~ ~~,~-'";.~.~...~::-:,'i>~':l'':' ~-.'.. ;.~~~.....~.";.:~~:.:... ;~(!.,,~-.~....'i:..'..~':' .~,,::;,';' ::-0"; __.: _'. . .......~..~.....:li' ~.:: ~..:'. "'.: x . ..... .", '.' '. 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'I . ~, ~ -..:Jiiit'../.1-. ...;" .....-. .... ........ ~",~""'~'W'''''':'l.'~'' .':'"........ ...~~7..'..."" ~..orl".';~?- .......,;.~~~,""7.'~~.~~ ..~~(:...14.. ~... N".~''"'~ . ~ '... ..:: ,~_...."<.., ~~ .~_: -. .~ ';~"~'._' ........ .,.. ~:! ;,...~-;.., J): '" .:; '~..;t--;....'.i';...~.. }~~.,~...~..,; ..... ~~:::" ,,. .. ~~, .~~~~~~~dJ ~:!~~~~s..Zaf;>~~p:ror~t i~if~' :!f!;;.9.r.~~il't:J:ust;~.b,~\.~e~~~.;'~.D:~~~':'.f ;.~ i:orj;o:~t~;'~~:: ~-, lin-Jd?~~~fh;:fr;1#fi~a-{~~:~l~".'~~r..t:.;~it~'t'be1~:,~ ;; '..^ - ,!'..,.~~...~. ,....."'.~,._~..<. .'.11.-':~".,,>"'~,,~:. ''-.'is..~~J$x;;..,...''~:'''.,.';~'...., ..,....., ,..~,I'.~;.; ~ .......~..-"'._.~ .....~;'O;:...-'i..:;).~'W~ ..~~_~.~., _.;:'"."....:..-.:-j~O::~~'~......~ "'.;....... ... -,;::< J-.......~ ...... ~....... ~. 'J"I::~-~ '" ~ ',..., ..., -~ ~...~ ':1-41'... ,,"' J:!t;,.."......... ..~ \Q~ . .'l:~~ ~~'fy.-.~'-z::..).Li}lolr'~s..\i' ,"'"f) ~...~~~...:"..~~. ....~~. '. . ._~ ,,~. . ..;;#~"....,~~~*,;..:,... ~.. 4 '.,.:f. ;~~..5J....9.i~4.':':' ""'~,"'r'''",-':''':'''' ,!"., ,. ""'~- -:,.'Y~<","'~,. . ........:"J.~']:.:~...' -tJ;; 1-~"'" ~~~ ....-<::'.:.~........:-........~)?"'>'....,,-.:o\;:.ir.' ......" . i~ ~l~-?lt...."'if~~.:...;-!"'...... ~ ....f ~,::;:"".... .....~"'" ,.c.f"i:'"l;~......;.".l' ~~ "..........':,.. ......~.,jL~~~ ~;'\.1/-_' , ~,.......':"".:#""~.: ~..\.~<1.~.'(.;:\ r..~ .."f .... o v. . :'.":T:< :..~~.~~:>~. addressed as .~- "".' Jl - - o o o Secretarv or ~ssistant Secretarv, and the corporate seal affixed. If the Subdivider is a partnership, it must be signed bv all nartners. If the Subdivider is an individual doing business under a fictitious name, it must be signed by all oersons having an interest in the business, and the ficti- tious name must be signed also. The agreement must be notarized bv the Subdivider. - 12 - - - II - THIS IS TO CERTFYTHAT POIJCID OF_ONCE LISTED_HAVE BEEN I88UEOTOTHE IN8UIED __ FDA THE-..cv _INDICATED. NOTWITHSTANOINO ANY IlEQU_ENT, TERII OR CONIIlTION OF ANY CONTRACT OR OTHER DOCUMENT WITH -.cT TO WHICtl THIS CEIlTFICATE MAY BE ISSUED OR IIAY PERTAIN, THE INSURANCE AFFOIIIlEO IIY THE POUClES OESCRIBED HEREIN IS SUBJECT TO All THE _, EXClUSIONS, ANO CONIlIo TIONS OF elICIt POUCIES. TYPE OF INSURANCE POLICY NUMBER POliCY EFFECTM CArr (MM.OOIVYJ POlICY EXPIAATJOri CArr (MIWM'Yl LIABILITY LIMITS IN THOUSANDS AGGREGATE GENERAL LIABILITY COMPREHENSIVE FORM PRfMISESIOPERAllONS UNDERGROUND EXPLOSION & COLLAPSE HAZARll PROIJUCTSItOMPLETED OPERATIONS CONTllACTUAL rNDEPfNDENT CONTRACTORS BROAO FORM PAOPE!lTY DAMAGE PfRSONAL INJURY ::ffi'~~ $ $ ='r"$ $ 86 SM 748944 FCS 02-20-83 02-20-86 81& PO COMerNED $ 1,000, $1,000, AUTOMOIlILE UABIUTY ANY AUTO ALL OWNED AUTOS (PRIV. PASS.) ALL OWNED AUTOS (OTHER THAN) PRIV. PASS. HIRED AUTOS NON-OWNED AUTOS GARAGE lIABILITY 86 PJ PERSONAL INJURY $ 02-20-85 ....' "'OY $ "'"""'" ...., ""'" $ "'"lIllllItTJ ~::JT" $ 81 & PO COMBiNED $ 1,000, ~=ED $ B WOItKEIIS' COMPENSATION AND EMPLOYERS' LIABILITY CB 856-2414 01-01-84 OTHER DESCRIPTION OF OPERATIONSILOCATIONSlVEHICLESlSPECIAL ITeMS RE: CALIF. .w . ./ '0 .-6' / / _=_ m"""". THE CITY, CITY' S ENGINEER. OFFICIALS. DIRECTORS, OFFICERS. AGENTS AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED BUT ONLY WHILE ACTING IN THEIR CAPACITY AS SUCH AND ONLY AS RESPECT ANY ONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM. o o o EXCESS UAIIIUTY A x IMHl1A FlIIlM llIItER TlWIIJIoBlEUA FlIIlM SU39891 ",PO $ .... 2/2D/84 /20/85 OOI'lIlED 10,000 ...D,ODD STA1UlCAV ~' comWINSATION AMI ~' UAIIIUTY (fIOt ACCIlEN1J (IlISfASE.fOUCV LMl) (IlISEASE-EACH EMPlll'/H) OTHER DESCRIPTlON OF OPERAl1ONSII.OCAllONSIVEHlClJ!SISPECIAL ITEMS ADOITIDNAL INSURED: RE: Tract 1118, San Bernardino, California. The City, Dfficials, Directors, Officers, Agents and Employees are named as Additional onl while actin in th r . . . City of San Bernardino 30DNorth D Street San Bernardino. Ca. 92418 III p/lUCER THIS CERT1FICATE IS _ AS A IIAT1EII OF INFOIIIIATIllN llNLY AND CONFERS NO RIGHTS UPON THE \&ft. ~TE HOLDER. TJa '-Crt ......ATE DOES NOT AIII!ND, EXTEND OR ALTER THE CO\IEIlAGE _ .,. THE POUCIES IIELOW. McElvany Insurance, Inc. 822 N, Euclid Avenue . P.O. Box 546 Ontario, Call1omla 91761 (714) 983-2623 COMPANIES AFFORDING COVERAGE COMPANY A ~ American States Insurance Compan ~NY. ~ANY C ~ANY D INSURED First Trust Bank and Western Desert Corp. P.O. Box 367D Ontario, Ca. 91761 THIS IS TOClllTl'YTllAT POUCIES OF___IlIILOWHAVE _ _TO THE __ _ __THEPOLICY __vm. NOTWITHST_ AMY 1IEQlf- IT, ~ OR CONDITION OF AMY CONTRACT OR OTHeR ~_ WITH RRPICT TO WHICH THIS o.cn.""""TE IIAY BEIlSUEDOR MAyPeJlTAIN. TIt! -.uR~APFORDeD8YTHE POLICIES DEIC- V'....... IS IU8JECTTO ALL THlTERMI, exa'llSlON8, ANDCOtI)I. TIOHS OF 8UCH POUCIES. POUCY EIRCINE POUCY ~11lllt ..,. (MIMlIlIYY) ..,. (MIMlIlIYY) IlODIL y $ $ INJURY ~IY$ $ ~$ $ PERSONAL INJURY $ ID.' $ """ ""- ..., l\l."'1lIDIII) $ =rv$ ~$ 2/20/84 /20/85 STATUTORY (EACH .II:CIlENT) (llISEASE.POUCY LMl) (1lISEASE 00f EMPlOYEE) :0 TYPE OF INSURANCE POUCY NUMBER ClENEIW. LIAIIIUTY COMPREHENSIVE FORM PREMISES/llPERA11llNS UNIlERGRlIUIIl EXPLIl5lON & aJL1APSf HAZNIl PROllUCTSICIlMP llPERA11llNS CllNTIl.ICIUAl. _ CONIRAC11lIlS IIIIlAD FORM PROPERTY _ PERSllNAL INJURY AUTOMOBILE LIA8IJTY N/V AUlll AU. OWNED AUTOS (PIlIV. PASS.) AU. OWNED AUTOS (WJllp~) HIPBl AUTOS NOIWJ'/NED AUTOS GARAGE LIAIIILIlY EXCESS UA8IUTY \ x UMBRELLA FOAM OlliElllltAN IJMIIIlEtLA FORM SU39891 WORKERS' COMPeNSATION AND EllPLOYERB' LIA8IJTY OTHeR JESCRIPTION OF OPERATIONSIl.OCATIONS/VEHICLES/IAL ITEMS ADDITIONAL INSURED: RE: Tract 1118, San Bernardino, California. Officials, Directors, Officers. Agents and Employees are named onl while actin in th ir . . . City of San Bernardino 30D North D Street San Bernardino. Ca. 92418 ~ lL ~ CITC)OF SAN BERNARDIQ) - REQlO~T FOR COUNCIL JOr-ON From: ROGER G. HARDGRAVE, Director Public Works/Enqineering December 13, 1984 Subject: Authori~e Execution of AQreement for Tract No. 11118 Located 600 Feet North- west of the Intersection of Little League Drive and Meyers Road. Dept: Date: Synopsis of Previous Council action: May 5. 1982 -- The fi na 1 map was approved by the Mayor and Common Council Recommen<:led motion: Adopt Resolution cc: John Matzer ~gt?l~~ Signature Contact person: Youn H. Kim Phone: 383-5027 Supporting data attached: Staff Report & Resolution Ward: 5 FUNDING REQUIREMENTS: Amount: N/A Source: Finance: Council Notes: 75.0~o:! Agenda Item No. ~ ~3 . IU 1. - CIlC) OF SAN BERNARDIOo - REQQ--T FOR COUNCIL ~~ON STAFF REPORT Tract 11118 is a 34 lot, single family, residential subdivision.. The required bonds and certificates of insurance have been filed with the Public Works Department. The prescribed fees have been paid. On May 5, 1982, the Council approved the final map for recordation and authorized the Mayor to execute the standard form of agreement with the developer, for the public improvements with the subdivision. Due to change in ownership of the recorded subdivision, new improvement securit- ies are needed and an agreement must be executed with the new owner to guarantee the installation of public improvements. It is recommended that the Council authorize the Mayor to execute a new standard form of agreement with Western Desert Corporation for the improvements in sub- division Tract No. 11118. 1S."~o4 - - - J ~ tl. . 'Q CITY U~ o SAN BERNARDINO o PLANNING o ClJ1'iMISSION SAN BERNARDINO, CALIFORNIA PETITION FOR CHANGE OF ZONE NO.~ Filing Fee: $185.00 TO THE PLANNING COMMISSION AND THE COMMON COUNCIL OF THE CITY OF SAN BERNARDINO: I, (We), the undersigned, do hereby respectfully make application and petition the City Council to amend the Land Use Zoning Ordinance No. 1991 and to change the Zoning Map of the City of San Bernardino as hereinafter requested and in support of this application, the following facts are shown: Petition of: o J.egal Owner Francis and Margaret K. Von Ison Address 700 ~ T.::lIlrA lluA npt- , '1." Pasadena. CA 91106 G Bona Fide Agent Mr. Lou Berkowitz Los Angeles, CA 90024 Phone. No. Address 10889 Wilshire Blvd.. #1434 Phone. No. (213) 479-7755 NAME OF LEGAL OWNER (S) MUST BE SHOWN ON THIS APPLICATION. LEGAL DESCRIPTION OF PROPERTY: That portion of Lot 'Il' , Resubdivision of Meyer and Barclay Tract, as per plat recorded in Book 12 of Maps, Page 18, Records of San Bernardino County. Assessor's Parcel No. 348-111-21 GENERAL DESCRIPTION OF PROPERTY: The property measures 39.20 acres and has a gentle slope. Access is through Meyers Road. PRESENT ZONE CLASS IFICATION R-1-2 1/2 Acres REQUESTED ZONE CLASSIFICATION R-l-l Acre REASON FOR REQUESTED ZONE CLASSIFICATION Existinq market indicates a demand for one-acre parcels in this area. -I am the petitioner in the above entitled action and .1 am- the legal owner or bona fide agent of the legal owner; and I have read the foregoing petition, and know the contents thereof; and I certify that the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 2, 1979 (Date) at San Bernardino , California. (Place) .-/~; c:> (Petit~oner s S1g~a~) 4. e 'i:) - - .&! o D PLANNING COMMISSION ACTION CUlNGE: OF ZONE NO. lU3 DATED this day of ~ HBmlIlBR TO THE HONORABLE MAYOR AND COMMON COUNCIL: J!,. , 19 '7'3 day of The petition in the above application came for hearing on the iUl , 19 111 MI"lt--..a." After consideration of said petition, it is hereby recommended that said petition be Ml"MWIB - ~ o and that said property be changed from Zone # R 1 I _d 1/2 aa. to Zone # u..' ,... ..._ City Planning Commission By: ~A. &A _ fhrlM Secretary . . DATE REFERRED TO PLANNING COMMISSION 7-A~ DATE POSTED ].(\rna DATE OF HEARING " tr./711 COMMISSION ACTION COUNC I L ACTI ON JP~~ ~... l'.'~Onv - J. lIL J1 ~ .h . ',0 0 0 ., 0 APPLICATION FOR TENTATIVE TRACT MAP CITY OF SAN BERNARDINO PLANNING COMMISSIDN SAN BERNARDINO, CALIFORNIA PETITION FOR TENTATIVE SUBDIVISION NO. 11118 TO THE PLANNING COMMISSIDN AND THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFDRNIA: I, (We). the undersigned, do hereby respectfully make application for a hearing on the above described Tentative Subdivision, and in support of this application, the fOllowing facts are shown: Legal Owner: Fr;l:lnr.; Q ::'l"\n M"""g.=al"jO,~ J( "iT",., Tan" Address: 7nn ~ T..:::fI'Ic,o nul=' IIpt- Jiln 1~~ P.=aQ.=anlO.n.=a ~n . . Q'1n,:; AppHcant Is: Lou Berkowitz Address:10889 Wilshire Blvd.. Suite 1434 Engineer: Joseph E. Bonadiman & Associates Phone: (2131 479-7755 City: Los Anae1es. CA 90024 Phone: (7141 885-3806 Address: P.O. Box 5852 City: San Bernardino. CA 92412 GENERAL LOCATION DF TENTATIVE SUBDIVISION: Northwest in the vicini tv of Little League Drive and Mevers Road Thirty-five copies of the tentative subdivision map shall be filed with this appli- cation. The form and contents of said map shall conform to the provisions of Section 5.30 of Ordinance No. 3B47. Two copies of this application shall be filed at the Planning Department in conjunction with the Preliminary Environmental Descrip- tion. I, (We), are the legal owner(s) in the above entitled action and I have read the foregoing appli cation, and know the contents thereof; and I, (We). certify that the same is true of my own knowledge. I, (We), declare under penalty of perjury that the foregoing is true and correct. .i.-4<-<!~ J~'J~'-/ (Legal Owner's Signature) Francis and Margaret K. Van Ison COMMISSION ACTION Date of Filing: to" rJq Date of Hearing: 11I€/!JIJ Action By Planning Commission: :a. D1:IW"ImI\I. Conditions of Recommendation: ~- ,........ Transmi tta 1 to Coun ci 1 : ~.... , , hn ria . . ( Date) CITY PLANNING COMMISSION By: ~6' t" ~)~j!;r ( ecre ary ./ o o o 0 File No. TR No. 11118 - REQUEST FOR COUNCIL ACTION CITY OF SAN .I:RNARDINO From: ROGER G. HARDGRAVE Subject: Encroachment of Fence into Easement for Bridle Path -- Meyers Court in Tract No. 11118 Dept: Publ ic Works/Engineering Date: 8-08-88 oi1 ~ Synopsis of Previous Council action: 11-19-79 Planning Commission's recommendation for denial of Tentative Tract 11118. Zone Change 1123 denied. 05-05-82 Final Map for Tract No. 11118 approved. Recommended motion: #1 -- That a finding be made that the encroachment of private facilities within the street easements in Tract No. I111B are violations of City Codes and standards, and that the Director of Public Works/ City Engineer be directed to notify property owners to remove said encroachments, OR #2 -- That the encroachment of private facilities within the street easements in Tract No. 11118 be allowed to remain, subject to entering into a License Agreement with the City, includin the payment of any prescribed administr fees. cc: Jim Robbins Jim Richardson Jim Penman Michael Loehr Supporting data attached: Gene R. Klatt Staff Report, Map, Nil"nn'~ lpttpr Phone: 5125 5 Contact person: Ward: FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.! (Acct. Descriotion) Finance: Council Notes: 75.0262 Agenda Item NO.J 3, CI'i'C>OF SAN BERNARDIA - REQICsT FOR COUNCIL AQ-ION STAFF REPORT Page 1 of 2 Mr. Bill Nilsson, a resident of Meyers Court, has re- quested Council consideration of the encroachment of fences into public right-of-way along Meyers Road and Meyers Court in the Verdemont area. These streets are in Tract 11118, recorded in May of 1982. As a part of the original conditions of approval for this tract, sidewalks were specifically waived within the development to provide a more rural feeling to the area and due to the grades on the streets and the feeling that young children could not control tricycles or other such toys on the steep grades. Easements were reserved on the final map for bridle path, utility and drainage, generally along the rear and side lot lines. The City has no responsibility for the operation, maintenance or access control on these paths. Along Meyers Road there is a twelve foot (12') parkway, which is the area between the curb and the property line. This area is used for the installation of utilities, signs, and could be used for the construction of sidewalk if such were ever to be installed in this area. Along Meyers Court, the parkway area is seven feet (7') behind the curb, Several property owners have now constructed fences with- in the parkway area and provided landscape and irrigation to this area. A rough estimate of the number of properties was made by the attorney's office. It appears that at least twelve property owners have undertaken such construction. Essentially, all property owners have landscaped and are maintaining the parkway area. Mr. Nilsson has discussed the problem with staff on several occasions. From his description, his neighbor, Mr. Palmer, con- structed a fence and gate across the bridle path, According to Mr. Palmer, this was done to control the dirt bikes that were using the path. Mr. Nilsson feels that the gates and the construc- tion of the fence on the easement infringe on his access and use of the area. Additionally, Mr. Nilsson is concerned that the fence is constructed beyond the property line and within City street right-of-way; specifically, the parkway. He is concerned with the possibility of sight obstructions and resulting hazards by allowing these encroachments to remain. Staff has reviewed the area and found that the fences are the split rail type, or block pilasters and wrought iron and do not pose a serious obstruction to visibility. The Traffic Engineering section has reviewed the location at Meyers Road and Meyers Court and do not consider it a traffic hazard in its present configura- tion. Both streets are residential with a prima facie speed limit of 25 m.p.h. and Meyers Court is a "T" intersection that requires a stop before entering Meyers Road. 8-08-88 75.0264 II _ CITOOF SAN BERNARDIIO - REQUJsT FOR COUNCIL ~ION STAFF REPORT Page 2 of 2 The installation of fences with unlocked gates would not seem to violate the intent of the bridle easements, since a rider on horseback could gain access by opening the gates. However, the gates would preclude the unlimited use by dirt bikers, whose use is not allowed by the terms of the easement. There are at least two options that could be considered. These options are: Option 1 -- Declare all encroachments to be in violation of City codes and order the removal of all construction within the public rights of way. Option 2 -- Direct the City Attorney to prepare license agreements to authorize the encroachments within City street right-of-way. License agreements to authorize encroachment of private facilities have been granted in some cases. Examples would be the encroachment of store faces into the City owned portions of Central City Mall, and for the construction of fences and walls within public parkway areas. The consequences of ordering the removal of all encroach- ments should be considered. It appears from Mr. Nilsson's letter that access is his main concern. Ordering the removal of the fence from public right-of-way would not address the access problem. The gates would merely move back an additional 5 feet to the property line and be reinstalled by Mr. Palmer. Ordering removal of all encroachments would generate ex- tensive protests. We recommend that the encroachments be allowed to remain, subject to entering into a License Agreem~nt with the City. 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Q o .,~_. 0 I~ I ~ '0 L 11",/ h/.-' /-/ REC'D.-ADMIM. OFF. ~ ~ ~ S;'-;'>~ , ,:.,7/ f ....-', /fs;.9,,{l d 8 !}::"..C/7"., .' ":.J\ ". ~ "";.. '~..- .~. If C:tk-~~~/;' c0'L ~~J ~ CJ-?~ft ;6- /' P"'- ~ ~ ~~~~~., "" ';7:, 9"'Ii.L,_- -'- I ..... I~', .. .... ' . _ t:J..._......,..!I~::J:::nSJ.9.,1 11.11::11 /14- /~~ ~ t:tw~It'~~ ~Y1~ss~ ~ l~r!7- 10 qt; tu~ fJ''-f - rLJ'1 ~ 8-08-88 u _ Q o o o lAw Offices of Andrew J. Gunn flt.CC:' ,=-,- J6J 'WutS~tA -" ."_1. -", .1,0. :13 SIJII 'Bcmanli1lo, ~ 92401 >j - f..J PMM (714) 885.J251 Julv 27, 1988 San Bernardino City Council 300 North "D" Street San Bernardino, CA Re: My client: Bill Nilsson Dear City Council: Enclosed please find a statement from my client, Bill Nilsson. regarding a problem he is having at his residence. Please look into this problem and advise me as to any further information that may be needed from me. VerYj truly yours, ~ An~ew J. Gunn AJG/mg 8-08-88 l o o o o The big problem all started when the person livin~ on the corner, Mr. Palmer, put up a fence on Meyers Court approximately 2 1/2 feet from the curb, runnin~ from the easement line across the easement with two gates, closed, and no access to or through the easement from the road or from my own prooerty, I said to Mr. Palmer, "Hhat you did here is Dot according to plan and you are violating CC and R's and the City plans and its rules according to the way it should be. o~ He said, "I can do anythin~ I want" and that this was his property. I said, "But Lee, you should conform to the plans to keep up the best points of this home tract, after all that is what keeps the value up." And again he said, "I'm not going to change nothipg, If you don't like it sue me." I said, "I'll have to call. the City to have you cooperate properly." He said, "Go ahead. They're not. going to do nothing at all, I know what I can do, so leave me alone." So, two weeks went by and I had two City.'officers ifrom the Engineering Dept. come out, one of them was a City official. He came over and talked to Mr. Palmer about the fence and gates blocking the bridal trail easement on City property and all I was told by the official was "That by going through the easement and having to open the gates was a hassle but it wasn't my resoon- sibility to close or secure them" and that the "law was as far as I want to take it". Now I could get no help from anybody on the gates and fence. On November 13, 1987 I was using the easement (by jumoin~ the curb) to do some work on the other half of my property, I was in and out, so locking and securing the ~ates was to the - - !1 ~. JtS1'l Q o o o point of ridiculous. (Please mind these gates are on City property, 2 1/2 feet from the curb,) Then suddenly, Mr, Palmer came out and said in a very rude manner that I could not go through here anymore and it was my problem that this is the way the situation is. He reached to his back, with this look, and motion as if a weapon of sort was to be used to solve the problem, he pulled out a hammer and nailed the gates closed, (I was ready to dodge for cover, really) So now I was faced with a non-carin?, person who thinks he can get away with whatever he wants to do, not with what is right according to the CCR's & City plans, but only what is right for him, and believe me, this fence is 2 1/2 feet from the curb and myself, my wife and family, and nei~hbors are faced, 24 hours a day, with a hazard, having to go into the street to use the easement, but now can't. If Lee Palmer gets animals or if he sells his house to people with animals, then the animals would be sticking their heads over the fence and through the fence into the street, and kids on bikes, people walking on the street, etc., would be in dan~er. Then there is the traffic. There is no need for this hazard, it is there now and its not supposed to be, so eliminate the problem. (There are only two homes, that if the owners had animals, the animals would stick out into the street. These owners are Lee Palmer and the peo~le in front of him. The rest of the residents have their fences back where they should be so that animals could not stick out into the street.) There -2- 1 - - .1 L o o o o are people here who do have common sense, and that is all I'm really asking for from the Council, is for you to take the bull by the horns and do it right, that's all it takes, A few days after Lee Palmer locked the gates, I made con- tact with a lawyer, and arranged to have Lee Palmer served to appear in court. So now this problem that the City didn't want to handle has cost me $1,800.00, the "law is as far as you want to take it" . Believe me, this really hurt me, personally and :.financially, So a while went by and a court date set in late January, then a continuance and the typical game play, then finally the judge said you cannot close the gates, that is an access ease- ment, bridal trail and it cannot be blocked. (And mind please, that this is on City property~) So now he still has his fence on City prooerty, I am blocked out from the easement-bridal trail, from my property, because the back fence runs along the bridal trail; starting 2 1/2 feet from the curb down the side property line, and in turn, blocking me out from the back of my property. All this is deliberate on his part and he has within himself deliberated, aggrevated attitudes that a "normal" person would never do, this way. My neighbors don't know what to say, they feel sorry for me, they also have complained but to no avail, This man has alienated this neighborhood and its not the nice neighborhood we all really wanted it to be, believe me, just ask his neighbors -3- .. III - o o o o on his left or across the street, or in the cul-de-sac. This guy is not fair. Oh yes, and the building foreman for the tract even said that I would have problems with him, he was right, this is really said, and its all deliberate actions, somehow him knowing or knowing someone in City Hall that he would be allowed to do what he wants, there is some- thing wrong somewhere. He is betting totally on the City not doing anything about anything, because he knows something or somebody, be- cause he said so, "I can do anything I want," Also, my neighbors have called the Engineering Dept., the Code Enforcement, the City Attorney and I called Councilman Minor. The other problem is, the fence in front, on Meyers Rd. Lee Palmer put the fence so close to the curb, that when pul- ling out of Meyers Court to Meyers Road, you cannot see the oncoming traffic, you have to pull the nose of the car way out, and by the time you do, and when you catch your concentration when to go or not, after a visual view for traffic, it would be too late, there would be an accident. The fence should be back 12 feet as stated in City plans, for crying out loud, this guy is not right, I feel he's doing this to see what he can get away with, not caring about anyone's safety. There are 10 children living on the cul-de-sac and they are at risk. Then coming up Meyers Road to turn right into Meyers Court there is a blind area because the fence is on the curb, I have qad plenty of close calls with the children and people walking -4- - - 4L l Q o o o in the street because they can't walk on the curb because the fence is right there. Please help this neighborhood from this type of action. We love our neighborhood, believe me. Help us, City Council, please we need your helo, because believe me, these people are not haopy here, because there is no enforcement. Also, Lee Palmer let two or three City trees die, and told me he was having it out with the City for them to replace them. Its been this way for over a year, no trees, it looks empty like a big hole on the side because everyone else did not let their trees die. And he has no intentions of buying any trees either. He let the trees die because he was too lazy to water them, everybody else got a hose, walked it over and watered them. Let's make "Ridge Creek Ranch Estates" stand as a safe, beautiful, friendly place to live and out smiles on peoples faces around here. We just want it right. Please, City Council, help us, Thank you very much, S~)4 Bill Nilson Caring resident of Ridge Creek Estates of Lot 24