HomeMy WebLinkAbout1999-130
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RESOLUTION NO. 1999-130
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
3 FINAL MAP FOR SUBDIVISION TRACT NO. 15759, LOCATED APPROXIMATELY
500 FEET NORTH OF KENDALL DRIVE, SOUTH SIDE OF IRVINGTON AVENUE
4 AND WEST SIDE OF OLD PINE A VENUE, ACCEPTING THE PUBLIC
DEDIC A TIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
5 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
6 SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
10 No. 15759, located approximately 500 feet north of Kendall Drive, south side of Irvington
11 Avenue and west side of Old Pine Avenue, together with the provisions for their design and
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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
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15 City to execute the standard form of agreement adopted by Resolution No. 84-8 with Kaufman
16 and Broad of Southern California, Inc., a California Corporation, for the improvements in said
17 subdivision tract as are required by Title 19 of the San Bernardino Municipal Code and the
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California Subdivision Map Act. The time for performance is specified at 24 months. Said
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improvements are specifically described and shown on Drawings approved and on file in the
21 office of Development Services of the City of San Bernardino.
22 SECTION 3. The Final Map of said subdivision tract is hereby approved and the City
23 of San Bernardino hereby accepts as public property all dedications within the subdivision as
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shown on said Final Map for streets, alleys (including access rights), drainage and other public
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easements. As a condition precedent of approval of the Final Map, the Subdivider shall first
execute the agreement referenced in Section 2 hereof for the improvements within said
Subdivision.
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1999-130
1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15759...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING
2 EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR
3 PERFORMANCE SPECIFIED.
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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.
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1999-130
1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15759...
2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
3 and Common Council of the City of San Bernardino at a joint regU1"meeting thereof, held
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7th
on the day of
June
, 1999, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
x
x
x
x
x
x
x
()~h~
~Iark, City Clerk
The foregoing Resolution is hereby approved this .!IA. day of
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20 1999.
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Approved as to form
25 And legal content:
26 JAMES F. PENMAN,
27 City A orney
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June
.{~~
Valles, Mayor
f San Bernardino
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1999-130
";;"',' .
? ~' f' ,
v
/
.."..,,(., .
AGREEMENT '.
(Subdivision Improvements)
THXS AGREEMENT is made and entered into as of this 7th
4 day of
June
, 19~, by and between the CITY OF SAN
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
6 "City", and KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC. , hereinafter
7 referred to as "Subdivider".
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RECITALS
A.
WHEREAS, Subdivider has presented to City for
10 approval a final subdivision map (hereinafter called "map")
11 entitled
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Tract 157~q
; and,
B.
WHEREAS, the map has been filed with the City for
15 presentation to the City Council (hereinafter called "Council")
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f the City for its approval, which map is hereby referred to and
incorporated herein: and,
C. WHEREAS, Subdivider has requested approval of the map
the construction and completion of improvements,
all streets, highways or public ways and public utility
acilities which are a part of, or appurtenant to, the
ubdivision (hereinafter called .subdivision") designated in the
ap, all in accordance with, and as required by, the Plans and
pecifications for all or any of said improvements in,
ppurtenant to, or outside the limits of subdivision, which Plans
nd Specifications are now on file in the Office of the City
ngineer of the City: and,
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1999-130
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D.
WHEREAS, Council has approved said map and accepted
3 the dedications therein offered, or some thereof, on condition
4 that Subdivider first enter into and execute this Agreement with
5 the City; and,
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WHEREAS, This Agreement is executed pursuant to the
E.
7 provisions of the Subdivision Map Act of the State of California
8 and Title 19 San Bernardino Municipal Code.
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NOW THEREFORE, for and in consideration of the approval of
10 the map and of the acceptance of the dedications, or some
11 thereof, therein offered and in order to insure satisfactory
12 performance by Subdivider of Subdivider's obligations under said
13 Subdivision Map Act and said Ordinance, the parties agree as
14 follows:
15 1. Performance of Work. Subdivider will do and perform,
16 or cause to be done and performed, at Subdivider's own expense,
17 in a good and workmanlike manner, and furnish all required
18 materials, all to the satisfaction of the City Engineer of City,
19 the work and improvements ,.,ithin (and/or without) the subdivision
20 to complete the improvements in accordance with the Plans and
21 Specifications on file as hereinbefore specified, or with any
22 changes required or ordered by said Engineer which, in his
23 opinion, are necessary or required to complete the work.
24 2. Work: Places end Grades to be F1.zed by Engineer. All
25 of said work is to be done at the places, of the materials, in
26 the manner, and at the grades, all as shown upon the Plans and
27 Specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his office, and to the satisfaction of
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1999-130
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sa~d C~ty Eng~neer.
3. Work:
T~.e for Commencement and Performance.
City
4 hereby f~xes the t~me for the complet~on of sa~d work to be
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24 Months
from the date hereof.
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4. T~e of Essence - Extens~on. T~me ~s of the essence of
7 th~s Agreement; prov~ded that, ~n the event good cause ~s shown
8 therefor, the C~ty Engineer may extend the t~me for complet~on of
9 the ~mprovements hereunder. Any such extens~on may be granted
10 wi thout not~ce to the Subdivider's surety, and extens~ons so
11 granted shall not relieve the surety. s l~ab~l~ ty on the bond to
12 secure the faithful performance of th~s Agreement.
The City
13 Eng~neer shall be the sole and f~nal judge as to whether or not
14 good cause has been shown to entitle Subdiv~der to an extension.
15 5. Repurs and Replacements. Subdivider shall replace, or
16 have replaced, or repa~r, or have repa~red, as the case may be,
17 all p~pes and monuments shown on the map which have been
18 destroyed or damaged, and Subdiv~der shall replace, or have
19 replaced, repa~r, or have repaired, as the case may be, or pay to
20 the owner the ent~re cost of replacement or repa~rs, of any and
21 all property damaged or destroyed by reason of any work done
22 hereunder, whether such property be owned by the United States,
23 or any agency thereof, or the State of Cal~forn~a, or any agency
24 or pol~t~cal subd~v~sion thereof, or by the City, or by any
25 publ~c or pr~vate corporation, or by any person whomsoever, or by
26 any comb~nat~on of such owners. Any such repa~r or replacement
27 shall be to the satisfaction, and subject to the approval, of the
28 City Engineer.
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6.
util~ty Deposits - statement.
Subdivider shall file
3 with the City Clerk, prior to the commencement of any work to be
4 performed within the area delineated on the map, a written
statement signed by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the conn~ction of any and all public utilities to be supplied by
such public utility corporation within the Subdivision.
7.
Permits: Compliance with Law.
Subdivider shall, at
Subdivider's expense, obtain all necessary permits and licenses
for the construction of such improvements, give all necessary
13 notices and pay all- fees and taxes required by law.
Subdivider
14 shall comply with all provisions of the Subdivision Map Act and
15 Title 19 San Bernardino Municipal Code.
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Superintendence by Subdivider.
Subdivider shall give
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17 personal superintendence to the work on said improvement, or have
18 a competent foreman or superintendent, satisfactory to the City
19 Engineer on the work at all times during progress, with authority
20 to act for Subdivider.
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9.
Subdivider shall at all times
Inspection by City.
22 maintain proper facilities and provide safe access for inspection
23 by City to all parts of the work and to the shops wherein the
24 work ~s in preparation.
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10.
Contract Security. Concurrently with the execution
26 hereof, Subdivider shall furnish to City improvement security as
27 follows:
28 (a) An amount equal to at least one hundred percent (100%)
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1999-130
of the total estimated cost of the improvement and
acts to be performed as security for the faithful
performance of this Agreement;
(b) An amount equal to at least fifty percent (50%) of the
total estimated cost of the improvements and acts to
be performed as security for the payment of all
persons performing labor and furnishing materials in
connection with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%)
of the total estimated cost of the improvements and
acts to be performed as security for the guarantee and
warranty of the work for a period of one (1) year
following the completion and acceptance thereof
against any defective work or labor done, or defective
materials furnished.
As a part of the obligation guaranteed by the
security and in addition to the face amount of the
security, there shall be included costs and reasonable
expenses and fees, including reasonable attorney's
fees, incurred by City in successfUlly enforcing the
obligation secured. The type of security furnished
shall be in the form of bonds, deposits or letters of
credit as provided in Title 19 San Bernardino
Municipal Code, and the type shall be at the option of
and subject to the approval of the City Engineer and
the City Attorney.
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11. Subdivider's Insurance. Subdivider shall not commence
3 work under this Agreement until Subdivider shall have obtained
4 all insurance required under this paragraph, and such insurance
5 shall have been approved by C~ty Attorney as to form, amount and
6 carrier, nor shall Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 until all similar insurance required of the contractor or
9 subcontractor shall have been so obtained and approved. All
10 requ~rements herein provided shall appear either in the body of
11 the insurance policies or as endorsements and shall specifically
12 bind the insurance carrier.
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(a>
Workers Compensation Insurance/Employer's Liability
Insurance. Subdivider shall maintain, during the life
of this Agreement, Worker's Compensation Insurance and
Employer's L~ability Insurance for all Subdivider's
employees employed at the site of improvement, and, in
case any work is sublet, Subdivider shall require any
contractor or subcontractor similarly to provide
Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or
subcontractor's employees, unless such employees are
covered by the protection afforded by Subdivider. In
case any class of employees engaged in work under this
Agreement at the site of the project is not protected
under any Worker's Compensation Law, Subdivider shall
provide, and shall cause each contractor and
subcontractor to provide, adequate insurance for the
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1999-130
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2 protection of employees not otherwise protected.
3 Subdivider shall indemnify City for any damage
4 resulting to it from failure of either Subdivider or
5 any contractor or subcontractor to take out or
6 maintain such insurance.
7 (b) Public Liability and Property Damage Insurance.
8 Subdivider shall take out and maintain, during the
9 life of this Agreement, such public liability and
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property damage insurance as shall insure City, its
elective and appointive boards, commissions, officers,
agents and employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement from claims for damages for personal injury,
(as defined hereunder), including death, as well as
from claims for property damage or product liability
wMch may arise from Subdivider's or any contractor's
or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or
subcontractor, or by anyone, including, without
limitation, agents, employees or independent
contractors, directly or indirectly employed by either
Subdivider or any contractor or subcontractor, and the
amounts of such insurance shall be as follows:
(1) Public Liability Insurance.
In an amount not
less than One Million Dollars ($1,000,000.00) for
injuries, including, but not limited to, death,
to anyone person, and, subject to the same limit
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for each person, in an 'amount not less than One
Million Dollars ($1,000,000.00) on account of any
one occurrence; Product Liability Insurance
coverage should be part of the Public Liability
Insurance;
(2) Property Damage Insurance. In an amount not less
than One Million Dollars ($1,000,000.00)
for damage to the property of each person on
account of anyone occurrence.
In the event that any of the aforesaid insurance
policies prOVided for in this Paragraph 11 insures any
entity, person, board or commission other than those
mentioned in tMs paragraph, such policy shall contain
a standard form of cross-liability endorsement,
insuring on such policy City, its elective and
appointive boards, commissions, officers, agents and
employees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement.
(3) Tail Coverage.
Insurance coverage, albeit for
public liability or property damage, shall be
written, if possible, on an "occurrence" form
rather than a "claims made" policy.
I f the
insurance policy ,is written on a "claims made"
pOlicy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of
one (1) year from completion of the project. All
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subcontractors must and shall comply with the
same insurance provisions as the contractor(s)
and subdivider(s).
(4) Personal Injury - Defined. As used herein, the
term "personal injury" shall be defined as a hurt
or damage to one's person including, without
limitation, damage to health, cuts, bruises,
broken limbs andlor bones, or the like,
disabilities or impairments, including
aggravation of existing injuries, on invasion of
personal rights, including libel or slander
criminal conversation, malicious prosecution,
false imprisonment and mental suffering.
15 12. Evidence of Insurance. Subdivider and contractor
16 shall furnish City, concurrently with the execution hereof,with
17 satisfactory evidence of the insurance required, and evidence
18 that Ci ty ~s named and endorsed on the policy as an additional
19 insured. Subdivider and contractor shall also provide City with
20 ev~dence that each carrier will be required to give City at least
21 ten (10) days prior written notice of the cancellation or
22 reduction ~n coverage of any policy during the effective period
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of this Agreement.
13.
Hold Harm1ess/Indemnification.
Subdivider(s)1
Developer(s) hereby agree to and shall protect, defend, indemnify
and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
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l~ens, demands and cause of action of'every kind and characte
~ncluding, but not limited to, the amounts of judgments,
penalties, interests, court costs, attorney'sllegal fees, and all
other expenses incurred by the City arising in favor on any
party, including claims, liens, debts, demands for lost wages or
compensation, personal injuries, including employees of the City,
death or damages to property (including property of the City) and
without limitation by enumeration, all other claims or demands of
every character occurring or in any way incident to, in
connection with or arising directly or indirectly, (including
from the negligent performance by its officers, employees,
agents) from the terms of this Agreement, whether such
operationslincidents are caused by contractor, Subdivider or any
of contractorlSubdivider's subcontractors, contractors or by any
one or more persons directly or indirectly employed by or acting
as agent for contractor, Subdivider, or anyone of contractor or
Subdivider's contractors or subcontractors. SubdividerlDeveloper
shall investigate, handle, respond to, provide defense for and
defend any such claims, demand, or suit at the sole expense of
the SubdividerlDeveloper even if the claim or claims alleged are
groundless, false or fraudulent.
Subdivider agrees to, and
shall, defend City, its appointive boards, commissions, officers,
agents and employees from any suits or actions at law or in
equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the
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aforesaid hold harmless agreement, because of the
acceptance by City, or the deposit with City by
Subdivider, or any of the insurance pOlicies described
in Paragraph 11 hereof.
6 (b) That the aforesaid hold harmless agreement by
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Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have
been suffered, by reason of any of the aforesaid
operations referred to in tMs paragraph, regardless
of whether or not City has prepared, supplied or
approved of Plans andlor Specifications for the
subdivision, or regardless of whether or not such
insurance policies shall have been determined to be
applicable, to any of such damages or claims for
damages.
17 TMs provision is not intended to create any cause of action in
18 favor of any third party against SubdividerlDeveloper or the City
19 or to enlarge in any way the Subdivider'slDeveloper's liability
20 but is intended solely to provide for indemnification of the City
21 from liability for damage or injuries to third persons or
22 property arising from SubdividerlDeveloper's performance
23 ereunder.
24 14. Title 1:0 Impxuveaents. Title to, and ownership of,
25 all improvements constructed hereunder by Subdivider shall vest
26 absolutely in City, upon completion and acceptance of such
27 rovements by City.
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15.
Repair or Reconstruction of Defect~ve Work.
If,
w~thin a per~od of one year after f~nal acceptance of the work
performed under th~s Agreement, any structure or part of any
structure furnished andlor ~nstalled or constructed, or caused to
be installed or constructed by Subdivider, or any of the work
done under this Agreement, fails to fulf~ll any of the
requ~rements of tMs Agreement or the Spec~fications referred to
herein, Subdivider shall, without delay and w~thout any cost to
C~ty, repair or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure.
Should
Subd~vider fa~l to act promptly or in accordance w~th this
requirement, or should the exigenc~es of the situation as
determ~ned by the C~ty ~n the exerc~se of its sole d~scretion
15 require repa~r, replacement or reconstruct~on before the
16 Subdivider can be notified, City may, at ~ts option, make the
17 necessary repairs or replacements or perform the necessary work,
18 and Subd~vider shall pay to the C~ty the actual cost of such
19 repairs plus fifteen percent (15%).
16. Subdivider Not Aqent of City.
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Ne~ther Subdivider nor
21 any of Subdivider's agents or contractors are, or shall be,
22 cons~dered to be agents of City ~n connect~on w~th the
23 performance of Subdivider's obligat~ons under this Agreement.
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25 pay to C~ty the costs of all permit fees for all engineering
26 ~nspect~ons and other serv~ces connected with the C~ty in regard
27 to the subdiv~s~on.
28 any construction.
17.
Cost of EnqineerinQ and Inspection.
Subd~vider shall
Sa~d fees shall be paid pr~or to commencing
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18. Not~ce of Breach and Defauit. If Subdivider refuses
or fails to obtain prosecution of the work, or any severable part
thereof, with such dil~gence as will insure its completion within
the time specified, or any extensions thereof, or fails to obtain
completion of said work within such time, or if the Subdivider
should be adjudged a bankrupt, or Subdivider should make a
general assignment for the benef~t of Subdivider's creditors, or
if a receiver should be appointed in the event of Subdivider's
insolvency, or if Subdivider, or any of Subdiv~der's contractors,
subcontractors, agents or employees, should violate any of the
prov~sions of this Agreement, City Engineer or City Council may
serve written notice upon Subdivider and Subdiv~der's surety of
breach of this Agreement, or of any portion thereof, and default
of Subdivider.
19. Breach of Agreeaent; Performance by Surety or City.
In the event of any such notice, Subdivider's surety shall have
the duty to take over and complete the work and the improvement
herein spec~f~ed; prov~ded, however, that if the surety, within
five days after the serv~ng upon of such notice of breach, does
not give City written notice of ~ts intent~on to take over the
performance of the contract, and does not commence performance
thereof witMn five days after notice to City of such election,
C~ty may take over the work and prosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and at the expense of Subdivider, and Subdivider's
surety shall be 1~ab1e to City for any excess cost or damages
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BAS/mgl[Subdivimp.Agr] 13
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2 l~ability for so doing, may take possession of, and ut~lize in
3 completing the work, such materials, appliances, plant and other
4 property belonging to Subd~v~der as may be on the site of the
5 work and necessary therefor.
6 20. Notices. All notices herein required shall be in
7 writing, and delivered in person or sent by registered mail,
8 postage p~epaid.
9 (a) Notices required to be g~ven to City shall be
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addressed as follows:
City Administrator
City Hall
300 North "D" Street
San Bernardino, California
92418
14 (b) Notices required to be given to Subdivider shall be
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addressed as follows:
KAUFMAN AND BROAD OF SOUTHERN CALIFORNIA, INC.
17 801 Corporate Center Drive Ste. 201, Pomona Ca. 91768
18 (c) Notices required to be given to surety of Subdivider
19 shall be addressed as follows:
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Amprir~n r.",llrllty of RPrHiin~ ppnn~vlv(lnia
?lh~n nYn~~n ~t ,tp 7hO Wnnrllann Hill~ (a. ql~67
22 Provided that any party or the surety may change such address by
23 notice ~n wr~ting to the other party, and, thereafter, notices
24 shall be addressed and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be binding
26 upon and inure to the benefit of each of the parties and their
27 respective legal representatives, successors, heirs and assigns.
28 III
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2 IN WITNESS WHEREOF, the parties hereto have executed this
3 Agreement on the day and year f~rst above wr~tten.
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ATTEST:
~
By:
'It {v.----/
ud th Valles. Mayor
i ty' of San Bernardino
b,~
Approved as to form
and legal content:
JAMES F. PENMAN,
C~ ty Attorney,
SUB
OF SOUT
Cal ifo
By:
B Gerald
y:
President
INSTRUCTIONS
If the Sub~vider is a corporation, the Agreement must be
15 executed in the corporate name and s~gned-by the President or a
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Vice-President and the Secretary or Assistant Secretary, and, the
corporate seal affixed., If the Subdiv~der is a partnersMp, it
must be signed by all partners.
If the Subdiv~der is an
indiv~dual doing busi.ness under a fictit~ous name, ~t must be
signed by all persons having an interest ~n the business, and the
fictit~ous name must be signed also. The Agreement must be
22 notarized.
23
24 STATE OF CALIFORNIA
25 COUNTY OF % td ~
26 on tMs I CJ- ~ day of
e, the undersigned, a Notary
27 tate, perso ally a peared
- Ti /I
28 ersonally known to me (
to be the
)
) ss.
)/lz
PUbliC%d
, 19.1.f., before
for said County and
ICe... -
Pres~dent, end
AS/mgl[Subdiv~p.Agr] 15
eptember 20, 1990
1999-130
personally known to me (es pre~~~ ~9me 0~h8
set:1.s€aGtlery evideaee) to be the VtCtD - fJ,eJtd-e..
of the corporation that executed
the w~thin instrument, and known
to me to be the perso~ who
executed the witMn instrument
on behalf of the corporat~on
therein named, and acknowledged
to me that such corporation
executed the same, pursuant to
its by-laws, or a resolution of
~ts Board of Directors.
WITNESS my hand and official seal.
;4~~~
baSis of
~ - - - - - ;~~I~U~- - J
@ Commission /I 1149299
~ .,,; Notary PubI1c . Callfcmla ~
~ San 8emadJno Counly f
_ ,.. ,.. ~~~~:~~~1
(This area for official seal.)
aAS/mgl[Subdivimp.Agr] 16
September 20, 1990