HomeMy WebLinkAbout1990-287
- .
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
RESOLUTION NO.
90-287
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14185, LOCATED AT THE
3 NORTHWEST CORNER OF JUNE STREET AND CAJON BOULEVARD, ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
4 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS
IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1: The Mayor and Common Council find that
8
proposed Subdivision Tract No. 14185, located at the Northwest
9
corner of June Street and Cajon Boulevard, together with the
10
provisions for its design and improvements is consistent with the
11
General Plan of the City of San Bernardino.
12
SECTION 2.
The Mayor of the City of San Bernardino is
13
authorized on behalf of said City to execute the standard form of
agreement adopted by Resolution No. 84--8 with Century Homes
Communities, 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.
Section l2(b) (1) of said Agreement is hereby amended to require
public liability insurance in an amount of not less than $250,000
per person and $500,000 per occurrence. The time for performance
is specified at 24 months.
Said improvements are specifically
described and shown on Drawings approved and on file in the
Office of the City Engineer of the City of San Bernardino.
SECTION 3:
The Final Map of said subdivision tract is
hereby approved and the City of San Bernardino hereby accepts as
public property all dedications within the subdivision as shown
on said Final Map for streets, alleys, (including access rights),
6-11-90
YHK,rs
~
~,
~ RESO: APPROVING FINAL MAP F8R SUBDIVISION TRACT NO. 14185
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
drainage and other public easements. As a condition precedent to
approval of the Final Map, the Subdivider shall first execute the
agreement referenced in Sect.ion 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.
SECTION 4.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
/ / / /
6-11-9-
- 2 -
~
- . .~
t
1
2 II
3
I
4 I
I
5 I
I
6 i
I
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESO: APPROVING FINAL MAP F~R SUBDIVISION TRACT NO. 14185
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
requldl
meeting thereof, held on the
2nd
day of
July
, 1990, by the following vote, to-
wit:
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
x
REILLY
x
FLORES
x
MAUDSLEY
x
MINOR
x
POPE-LUDLAM
MILLER
City Clerk
The foregoing resolution lS hereby approved this
"'-<:;/l
~~ '- ~
day of
Julv
, 1990.
, Mayor
Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
~ /)
By l1.".<nt./i e~
U
6-11-90
.'
,
- 3 -
.
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT
THIS AGREEMENT is entered into as of this 1-
day of
1990, by and between the CITY OF SAN
BERNARDINO, a Charter City,
( " CITY" ) and CENTURY HOMES
COMMUNITIES, a California Corporation,
( "CHC" ) , (together
"PARTIES").
IT IS HEREBY AGREED by and between the parties that, with
respect to the approval for final subdivision Tract No. 14185,
such tract is not subject to any conditions for approval other
than as specifically approved by the Mayor and Common Council and
the Planning Commission.
NOW THEREFORE, the parties hereto have executed this
Agreement on the day and date first above shown.
CENTURY HOMES COMMUNITIES
By:
~M.CJ~
~~~-~~
JFW/bg [CHC2.Agr]
July 2, 1990
~
20
21
22
23
24
25
26
27
28
::;d
t:t.
,
1
A G R E E MEN T
---------
2
(subdivision improvements)
3
4
AGREEMENT is made and entered into this 45/..1 day of
19i?~ by and between the CITY OF SAN BERNARDINO
5
6
orporation, hereinafter referred to as "City", and
limited partnership
Cimarron Ranch Associates, a Calif. , hereinafter referred to as
7
8
"Subdivider".
9
R E C I TAL S :
--------
10
Subdivider has presented to City for approval a final sub-
r:fivision map (hereinafter called "map") entitled" TR 14185
11
12
13
"
14
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
15
16
17
18
19
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.
1
2
3
4
5
6
7
8
9
10
11
12
B
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Mun i ci pa 1 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 perfonnance 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 .1 good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi'~hout) 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 necessa~1 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-
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
work to be within Twenty-four (24) Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City En(1ineer mav 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 oerformance of t~is agreement.
The Citv Engineer shall be t~e sole and final judge as to w~ether
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 renair, or have
repaired, as the case may be, all niDes and monuments show~ on the
map which have been destroyed or damaged, and Subdivider shall re-
nl~~e cr rave replaced, 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 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 hv any combina-
tion of such owners. Any such repair or renlacement shall be to the
satisfaction, and suhject to the anoroval, of the Citv Engineer.
6. Utility Deoosits - 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
l3
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
of any work to be performed within the area delineated on the man,
a written statement signed bv Subdivider, and each public utility
corpor,.tic'n involved, to the effect that Suhdivide'" has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
such public utility cornoruticn within the Subdivision.
., Permits: Compl iance l~ith 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 re(luired bv
law. Subdivider shall complv with all provisions of the Subdivi..
sion Map Act and Title 18 San Bernardino Municioal Code.
8. Superintendence bv Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactorv to the City Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
9. Inspection by Citv
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all parts r.f the
work, and to the sholls wherein the work is in preparation.
10. Con tract Securi ty
Concurrently with the execution hereof, Subdivider sra11 furnish
to City improvement security as follows:
(1) An amount ~~ual to at least one hundred percent of the total
estimated cost of the imnrovement and acts to be performed as
sec~rity for the faithful performance of this agreement;
- 4 -
1
2
3 Ii
I
4 I
5 I
6 I
7 I
8
9
10
11
12
r,
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
(2) An amount equal to at least fiftv percent of t~e total estimated
cost of the imnrovements and acts to be nerformed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount enua1 to at least twenty-five percent of the total
est'mated cost of the imnrovements and acts to be oerfc.rrred oS
security for the guarantee and warranty of the work for a neriod of
one (1) year following the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by the securitv 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 bv City in successful1v enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deoosits or letters of credit as provided in Title
IS San Sernardino ~unicina1 Code; and
the type shall be at the ontion of and sUbject to the approval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
apoointive boards, commissions, officers, agents and employees, rarr.less
from any 1 iabi1 ity for damage or c1 air:ls foY' damage for personal injury,
incl11dinq death, as ./ell as from claims for prolJertv damage which may arise
from Subdivider's or SUbdivider's contractors', subcontractnrs', aQents'
or employees' operations under this agreement, whether such ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arrees to, and shall, defend City, and its
- 5 -
2
.l
4
5
6
7
8
9
10
11
12
1.3
14
15
16
17
18
19
20 I
21 I
I
22 I,
23 Ii
Ii
Ii
24 I
I
,
25
26 II
II
27 Ii
Ii
28 II
Ii
Ii
II
I'
apnointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauity for damages caused,
or alleged to have bee~ caused, by reason of anv of the aforesaid
operati0ns, provided as follows:
a. That City does not, and shall not, waive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with Citv by Subdivider, or cn" cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of eve~y kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether or not Citv has orepared, supplied or
approved of, olans 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 required under this paragranh and
such insurance shall have been approved bV Citv Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence wcrk en his contract or subcontract until all
similar insurance required of t.he contractor or subcontractor shall
have been so obtained and approved. All reouirements herein provided
shall apoear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
- 6 -
a. Compensation Insurance
2
3
4
5
6
7
8
9
10
11
12
'1.3
14
15
16
17
18
19
20
21
22
23
24
25
26 "
"
27 ii
II
:I
28 '!
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's emolovees
employed at the site of imorovement, and in case anv work is
sublet, Subdivider shall require anv contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnlovees, 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:ns~tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City for anI.' damage resulting to it from failure
of either Subdivider or anv COntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and orooerty damage insurance
as shall insure City, its elective and annointive boards, commis-
s ions, offi cers, agents and emo 1 oyees, Subdi vi der "rod anv contra(
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including rleat~,
as well as from claims for nroperty dama'1e w~ich mal.' arise from
Subl1i vi der' ~ 01' any contractor's or s :Jbcontractor' s opera ti ons
hereunder, whether such operatiors be bv Subdivider or anv
emploved bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follods:
- 7 -
I
I
t
L
contractor or subcontractor, or bv anvone directlv or indirectlv
(1)
Public Liahilitv Insurance
2
In an amount not ~€ss than $ 250,000.00
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limi t for each
person, in an amount not less than S 500,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than S 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, person,
board or commission other than those mentioned in this oara-
graph, such policy shall contain a standard form of cr0SS-
liability endorsement, insuring on such policv City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor c.r sL!tcortractor
performing work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv 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 ryeriod of this agreement.
14. Title to Improvements
Title to, and ~~nershio of, all improvements constructed hereunder
bv Subdivider shall vest absolutely in CitV, upon completion and
- 13 -
I
I
1-
acceptance of such improvements by Ci ty.
1
2
1
4
5
6
7
8
9
10
11
12
..13
14
15
16
17
18
19
20
21
22
23
24
25
26 I
II
II
27 I,
II
28 I
I
,I
,.
15. Repair or Reconstruction of Oefective Work
If, within a period of one vear after final accertance of the
work oerformed uncer this agreenent, anv structure or ~art of any
str\lct'lre fllrni"hec ~.nd/or instal~ed or constructed, or cClused
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to her~i~, Sub-
divider shall without delay and without anI! cost to City, renair
or replace or reconstruct anv defective or otherwise un~at;sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promrtly or in accordance with this requirement, or
should the exigencies of the Subdividi:r car. ~e r.etified, City may a
its c-pticn, make the necessarv repairs or replacements or oerform
the necessary work and Subdivider shall oay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be on~nts cf City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering insDections and otl!er servi ceo. r.cnnected with the Citv
in regard to the subdivision.
Said fees shall be paid prior to
corrmencinq any construction.
18. Notice of Breach an~ Default
If Subdivider refuses or fails to obtain prosecution of the work.
or any severable part thereof, with such diliQence as will insure
its completion within the time specified, or any extensions thero'
or fails to obtain completion of said work within such time, or if
- 9 -
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 I
,
27 !I
II
28
the Subdivider should I,,, adjud<JccI a bankrunt, or Subdivider
should make a general ilssinn'11ent for the ucnefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subdi,'ico" s insolvency, Or if Sllb<~il'icc:r, or any of Subdivider's
con tractors, subcontractors, agen ts or er.:p 1 ovees, shoul d vi 0 1 a te
any of the provisions of this agn~ement, City Engineer or Citv
Council may serve written notice uron Subdivider and Subdivider's
'surety of b reach of thi s ag reemen t, or of any pr.rt i on thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnilnce bOt Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take ovr;r anc cCI1'[1lete 1;he I"lOrk and the improvcr.1ent
herein srecified; 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 performance of the contract, and does not commence perforTli~nc(
tr.ereof within five days after notice to Citv of such election,
City may take over the work and prosecute the same to completion,
by contract or by any other method City may deer.1 advisable, for
the account and at the expense of Sl!bdi\'id~r, 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, annliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Noti ces
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
- 10 -
.13
2
1
4
5
6
7
8
9
10
11
12
14
15
16
..,
Notices required to be given to Citv shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices reauired to be given to Subdivider shall be addressed as follows:
CIMARRON RANCH ASSOCIATES. a California Limited Partnership. C/O Century
Homes Communities. 1535 So. "0" Street. Ste. #200. San Bernardino. CA 92408
Notices required to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance Company. 1425 W. Foothill Blvd.. Ste. #120
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the d~y and year first above written.
. CITY ~F S~N ,BERN~R~~
.////;?//<' . //
Rv~/ ~. I' ~/
.
ATTEST:
CORPORATE ACKNOWLEDGMENT
NO. 202
State of CALIFORNIA On this the 1 s t day of June 19 90, before me,
}ss.
1 County of San Bernardino Debra L. Jensen
the undersigned Notary Public, personaliyappeared
Richard T. Davalos & George Mooradian
~ personally known to me
~ ,~~ OFFICIAL SEAL o proved to me on the basis of satisfactory evidence
, <;;~.;:~t~~ DEBRA ,L. JENSEN ~ be the person(s) who executed the within instrument as Sr. Vice President
i .;; NOTARY PU8dC - Cf..dfOllNIA Asst. Secretary or on behalf of the corporation therein
", ,.'. . RIVERSIDE COUNTY
"Sit.,:_", My C!:mm. E'PITes Ju~ 23,1993 named, and acknowledged to me that the corporation executed it
WITNESS my hand and Off~
~~4- ,A~ -
Notary's Signature
ATTENTION NOTARY: AIttlough the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document.
THIS CERTIRCATE Title or Type of Document Citv of San Bernardino Improvement Agreement
MUST BE ATTACHED Number of Pages 12 Date of Document undated
TO THE DOCUMENT
, DESCRIBED AT RIGHT: Signer(s) Other Than Named Above Mayor, City Attorney & City Clerk
7100-010
I
@ NATIONAl NOTARY ASSOCIATION-8236 Remmel fwe. . P.O. Box 7184. Canoga Park, CA 91304-7184
\1
~
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
.
(
Secretary or ~ssistant Secretarv, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all nersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider.
.
- 12 -