HomeMy WebLinkAbout1998-021
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO. 14706, LOCATED ON THE SOUTHEAST SIDE
3 OF INLAND CENTER DRIVE AND SOUTHWESTERLY OF THE TERMINUS OF VALLEY
VIEW AND SCENIC DRIVES, ACCEPTING THE PUBLIC DEDICATIONS AS SET
4 FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM
OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
5 FOR PERFORMANCE SPECIFIED.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed
Subdivision Tract No.
on the southeast side of
14706,
located
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Inland Center Drive and southwesterly of the terminus of Valley
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View and Scenic Drives, together with the provisions for their
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design and improvements, is consistent with the General Plan of the
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city of San Bernardino.
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SECTION 2.
The Mayor of the City of San Bernardino is
authorized on behalf of said city to execute the standard form of
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agreement adopted by Resolution No. 84-8 with J.M.S. Riverwalk,
L.L.C. ,
for the improvements in said subdivision tract as
are
required by Title 19 of the San Bernardino Municipal Code and the
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California Subdivision Map Act.
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The time for performance is
20 specified
Said
improvements
are
specifically
at
months.
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described and shown on Drawings approved and on file in the office
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22 of the City Engineer of the City of San Bernardino.
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SECTION 3. The Final Map of said subdivision tract is hereby
24 approved and the City of San Bernardino hereby accepts as public
property all dedications within the subdivision as shown on said
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Final Map for streets, alleys (including access rights), drainage
and other public easements.
As a condition precedent to approval
28 of the Final Map, the Subdivider shall first execute the agreement
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1 referenced in section 2 hereof for the improvements within said
2 subdivision. The City Clerk shall certify the approval and
3 acceptance of the Mayor and Common Council as set forth in this
4 resolution.
5 SECTION 4. Recordation of the final map is contingent upon
6 the subdivider filing acceptable financial guarantee to insure
7 construction of the required public improvements, and insurance
8 certificate.
9 SECTION 5. This resolution is rescinded if the parties to the
10 agreement fail to execute it within sixty (60) days of the passage
11 of this resolution.
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98-
1 RESOLUTION. . .APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 14706
LOCATED ON THE SOUTHEAST SIDE OF INLAND CENTER DRIVE AND
2 SOUTHWESTERLY OF THE TERMINUS OF VALLEY VIEW AND SCENIC DRIVES.
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I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the ci ty of San
5 Bernardino at a
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joint regular
meeting thereof, held on the
26th
day of
January
, 1998, by the following vote,
7 to wit:
8 Council Members AYES NAYS ABSTAIN ABSENT
9 NEGRETE x
10 CURLIN x
11 ARIAS x
12 OBERHELMAN x
13 DEVLIN x
14 ANDERSON x
15 MILLER x
16 (
.~ (!/ ~
'[~LA ,
17 Clerk
18 The foregoing resolution is hereby approved this ~3~ day
19 of January 1998.
,
20 ~ mLl (I~~
21 Norine Miller, Mayor Pro Tem
city of San Bernardino
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pproved as to form
23 and legal content:
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F. PENMAN,
ttorney
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10 approval a final subdivision map (hereinafter called Wmap")
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AGREEMBN'r "
(Subdiv1.sion holUouv-.ents)
TJaS ~ is made and entered into as of this ;lfJi-L
day of ~1uU;"/I)f ' 19 '{'3 , by and between the CITY OF SAN
BERNARDINO, a Municipal Corporation, hereinafter referred to as
.City., and ~lv1S Rrve=.g.,v.A.l-k.. LI C-,.
, hereinafter
7 referred to as .SubdividerW.
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RECITALS
A.
WHEREAS, Subdivider has presented to City for
entitled
TRAc:::r ~lOG::>.
: and,
B. WHEREAS, the map has been filed with the City for
resentation to the City Council (hereinafter called wCouncil")
f the City for its approval, which map is hereby referred to and
incorporated herein: and,
C. 1IBEREAS, Subdivider has requested approval of the map
the construction and completion of improvements,
all streets, highways or public ways and public uti1ity
acilities which are a part of, or appurtenant to, the
ubdivision (hereinafter called .subdivisionW) 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,
AS/mgl[Subdivimp.Agr]
eptember 20, 1990
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D.
WHEREAS, Council has approved said map and accepted
3 the ded:1cations therein offered, or sODle thereof, on condition
4 that Subd:1vider first enter into end execute this Agreement with
5 the City; end,
6 E. WHEREAS, This Agreement is executed pursuent to the
7 provisions of the Subd:1vision Map Act of the State of CalifOrnia
8 end Title 19 Sen Bernard:1no Municipal Code.
9 NOW THEREFORE, for end 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 performence by Subd:1vider of Subd:1vider's obligations under said
13 Subdivision Map Act and said Ordinance, the parties agree as
14 follows:
15 1. Performance of Work. Subd:1vider will do end perform,
16 or cause to be done and performed, at Subd:1vider'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 end improvements "i thin (end/or without) the subdivision
20 to complete the improvements in accordance with the Plans and
21 Specifications on file as hereinbefore specified, or with any
22 changes required or ordered by said Engineer which, in his
23 opinion, are necessary or required to complete the work.
24 2. Work: Places and Grades 1:0 be Fized by Eng:l.neer. All
25 of said work is to be done at the places, of the materials, in
26 the manner, and at the grades, all as shown upon the Plans and
27 Specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his office, and to the satisfaction of
BAS/mgl [Subd:1vimp.Agr] 2
September 20, 1990
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2 said City Engineer.
3 3. Work: 'l'iae for Co_encemant and Performance. City
4 hereby fixes the time for the completion of said work to be
5 wittun 1-'+ f''''OnT~S . from the date hereof.
6 4. 'l'ae of Essence - Extension. Time is of the essence of
7 this Agreement; provided that, in the event good cause is shown
8 therefor, the City Engineer may extend the time for completion of
9 the improvements hereunder. Any such extension may be granted
10 without notice to the Subdivider's surety, and extensions so
11 granted shall not relieve the surety's liability on the bond to
12 secure the faithful performance of this Agreement. The City
13 Engineer shall be the sole and final judge as to whether or not
14 good cause has been shown to entitle Subdivider to an extension.
15 5. Repairs and Replacements. Subdivider shall replace, or
16 have replaced, or repair, or have repaired, as the case may be,
17 all pipes and monuments shown on the map which have been
18 destroyed or damaged, and Subdivider shall replace, or have
19 replaced, repair, or have repaired, as the case may be, or pay to
20 the owner the entire cost of replacement or repairs, of any and
21 all property damaged or destroyed by reason of any work done
22 hereunder, whether such property be owned by the United States,
23 or any agency thereof, or the State of California, or any agency
24 or political subdivision thereof, or by the City, or by any
25 public or private corporation, or by any person whomsoever, or by
26 any combination of such owners. Any such repair or replacement
27 shall be to the satisfaction, and subject to the approval, of the
28 City Engineer.
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September 20, 1990
.98-21.
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2 6. Util:l:ty Deposits - Statemen'!:. Subdivider shall file
3 with the City Clerk, prior to the commencement of any work to be
4 performed within the area delineated on the map, a written
5 statement signed by Subdivider, and each public utility
6 corporation involved, to the effect that Subdivider has made all
7 deposits legally required by such public utility corporation for
8 the conn~ction of any and all public utilities to be Supplied by
9 such public utility corporation within the Subdivision.
10 7 . Permits: Compliance with Law. Subdivider shall, at
'11 Subdivider's expense, obtain all necessary permits and licenses
12 for the construction of such improvements, give all necessary
13 notices and pay all fees and taxes required by law. Subdivider
14 shall comply with all provisions of the Subdivision Map Act and
15 Title 19 San Bernardino Municipal Code.
16 8. Superintendence by Subdivider. Subdivider shall give
17 personal superintendence to the work on said improvement, or have
18 a competent foreman or superintendent, satisfactory to the City
19 Engineer on the work at all times during progress, with authority
20 to act for Subdivider.
21 9. Inspection by City. Subdivider shall at all times
22 maintain proper facilities and provide safe access for inspection
23 by City to all parts of the work and to the shops wherein the
24 work is in preparation.
25 10. Contract Security. Concurrently with the execution
26 hereof, Subdivider shall furnish to City improvement security as
27 follows:
28 (a) An amount equal to at least one hundred percent (lOOt)
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September 20, 1990
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of the total estimated cos~ of the improvement and
acts to be performed as security for the faithful
performance of this Agreement:
(b) An amount equal to at least fifty percent (SOt) of the
total estimated cost of the improvements and acts to
be performed as security for the payment of all
persons performing labor and furnishing materials in
connection with this Agreement: and,
(c) An amount equal to at least twenty-five percent (25t)
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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September 20, 1990
.98-21.
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2 11. Subdivider's :Insurance. Subdivider shall not commence
3 work under this Agreement until Subdivider shall have obtained
4 all insurance required under this paragraph, and such insurance
5 shall have been approved by City Attorney as to form, amount and
6 carrier, nor shall Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 until all similar insurance required of the contractor or
9 subcontractor shall have been so obtained and approved. All
10 requirements herein provided shall eppear 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 Liability Insurance for all Subdivider's
employees employed at the site of improvement, and, in
case any work is sublet, Subdivider shall require any
contractor or subcontractor similarly to provide
Worker's Compensation Insurance and Employer's
Liability Insurance for all contractor's or
subcontractor's employees, unless such employees are
covered by the protection afforded by Subdivider. In
case any class of employees engaged in work under this
Agreement at the site of the project is not protected
under any Worker's Compensation Law, Subdivider shall
provide, and shall cause each contractor and
subcontractor to provide, adequate insurance for the
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September 20, 1990
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protection of emp10yees not otherwise protected.
Subdivider sha11 indemnify City for any damage
4 resu1ting to it from fai1ure of either Subdivider or
5 any contractor or subcontractor to take out or
6 maintain such insurance.
7 (b) Pub1ic Liabi1itv and Property Damage :Insurance.
8 Subdivider sha11 take out and maintain, during the
9 1ife of this Agreement, such pub1ic 1iabi1ity and
10 property damage insurance as sha11 insure City, its
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elective and appointive boards, commissions, officers,
agents and emp1oyees, Subdivider and any contractor or
subcontractor performing work covered by this
Agreement from c1aims for damages for persona1 injury,
(as defined hereunder), inc1uding death, as well as
from c1aims for property damage or product 1iabi1ity
which may arise from Subdivider's or any contractor's
or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or
subcontractor, or by anyone, including, without
1imitation, agents, employees or independent
contractors, directly or indirect1y emp10yed by either
Subdivider or any contractor or subcontractor, and the
amounts of such insurance sha11 be as fo11ows:
(1)
Public Liability :Insurance.
In an amount not
1ess 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 this 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)
'1'a:11 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.
If the
insurance policy .is written on a "claims made"
policy, then additional coverage, entitled "tail
coverage" must be purchased to cover a period of
one (1) year from 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 and/or bones, or the like,
disabilities or impairments, including
aggravation of existing injuries, on invasion of
personal rights, including libel or slander
criminal conversation, malicious prosecution,
false imprisonment and mental suffering.
12. Evidence of Insurance.
Subdivider and contractor
16 shall furnish City, concurrently with the execution hereof ,wi th
17 satisfactory evidence of the insurance required, and evidence
18 that City is named and endorsed on the policy as an additional
19 insured. Subdivider and contractor shall also provide City with
20 evidence that each carrier will be required to give City at least
21 ten (10) days prior written notice of the cancellation or
22 reduction in coverage of any policy during the effective period
23 of this Agreement.
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13.
Hold HarmleSS/Indemnification.
SUbdivider(s)/
25 Developer(s) hereby agree to and shall protect, defend, indemnify
26 and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
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2 l:1ens, demands and cause of act:1on of' every k:1nd and characte
3 :1nclud:1ng, but not l:1m:1ted to, the amounts of judgments,
4 penalt:1es, :1nterests, court costs, attorney's/legal fees, and all
5 other expenses :1ncurred by the C:1ty ar:1s:1ng :1n favor on an
6 party, :1nclud:1ng cla:1ms, l:1ens, debts, demands for lost wages or
7 compensation, personal injuries, including employees of the City,
8 death or damages to property (including property of the City) and
9 without lim:1tation by enumeration, all other claims or demands of
10 every character occurring or in any way :1ncident to, in
11 connection with or arising directly or indirectly, (inCluding
12 from the negligent performance by its officers, employees,
13 agents) from the terms of this Agreement, whether such
14 operations/incidents are caused by contractor, Subdivider or any
15 of contractor/Subdivider's subcontractors, contractors or by any
16 one or more persons directly or indirectly employed by or acting
17 as agent for contractor, Subdivider, or anyone of contractor or
18 Subdivider's contractors or subcontractors. Subdivider/Developer
19 shall investigate, handle, respond to, provide defense for and
20 defend any such claims, demand, or suit at the sole expense of
21 the Subd:1vider/Developer even :1f the cla:1m or cla:1ms alleged are
22 groundless, false or fraudulent.
Subdivider agrees to, and
23 shall, defend City, :1ts appointive boards, commissions, officers,
24 egents and employees from any su:1ts or actions at law or in
25 equity for damages caused, or alleged to have been caused, by
26 reason of any of the aforesaid operations, provided as follows:
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(a) That City does not, and shall not, wa:1ve any rights
against Subdiv:1der 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
4 Subdivider, or any of the insurance pOlicies described
5 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 this paragraph, regardless
of whether or not City has prepared, supplied or
approved of Plans and/or Specifications for the
subdivision, or regardless of whether or not such
insurance policies shall have been determined to be
applicable.. to any of such damages or claims for
16 damages.
17 This provision is not intended to create any cause of action in
18 favor of any third party against Subdivider/Developer or the City
19 or to enlarge in any way the Subdivider's/Developer's liability
20 but is intended solely to provide for indemnification of the City
21 from liability for damage or injuries to third persons or
22 property arising from Subdivider/Developer's performance
23 ereunder.
24 14. Title to h~...ov.....ents. 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 rOVBDlents by City.
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15.
Repa~r or Reconstruct~on of Defect~ve Work.
If,
within a period of one year after final acceptance of the work
performed under this Agreement, any 'structure or Part of any
structure furnished and/or installed or constructed, or caused to
be installed or constructed by Subdivider, or any of the work
done under this Agreement, fails to fulfill any of the
requirements of this Agreement or the Specifications referred to
herein, Subdivider shall, without delay and without any cost to
City, repair or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structure.
Should
Subdivider fail to act promptly or in accordance with this
requirement, or should the exigencies of the situation as
determined by the City in the exercise of its sole discretion
15 require repair, replacement or reconstruction before the
16 Subdivider can be notified, City may, at its option, make the
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necessary repairs or replacements or perform the necessary work,
18 and Subdivider shall pay to the City the actual cost of such
19 repairs plus fifteen percent (15t).
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16. Subdivider Not AQent of C~ty. Neither Subdivider nor
any of Subdivider's agents or contractors are, or shall be,
considered to be egents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Eng~eer~ and Inspection. Subdivider shall
25 pay to City the costs of all permit fees for all engineering
26 inspections and other services connected with the City in regard
27 to the subdivision. Said fees shall be paid prior to commencing
28 any construction.
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18. Notice of Breach and Defauit. If Subdivider refuses
or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within
the time specified, or any extensions thereof, or fails to obtain
completion of said work within such time, or if the Subdivider
should be adjudged a bankrupt, or Subdivider should make a
general assignment for the benefit of Subdivider's creditors, or
if a receiver should be appointed in the event of Subdivider's
insolvency, or if Subdivider, or any of Subdivider's contractors,
subcontractors, agents or employees, should violate any of the
provisions of this Agreement, City Engineer or City Council may
serve written notice upon Subdivider and Subdivider's surety of
breach of this Agreement, or of any portion thereof, and default
of Subdivider.
19. Breach of AQraeaaent: 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 speCified; provided, however, that if the surety, within
five days after the serving upon 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 performance
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 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
occasioned City thereby; and, in such event, City, without
BAS/mgl[Subdivimp.Agr] 13
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.96-21 '.
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2 ~iabi~ity for so doing, may take possession of, and uti~ize in
3 comp~eting the work, such materia~s, app~iances, p~ant and other
4 property be~onging to Subdivider as may be on the site of the
5 work and necessary therefor.
6 20. Notices. .A~~ notices herein required sha~~ be in
7 writing, and de~ivered in person or sent by registered mail,
8 postage p~epaid.
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(a)
Notices required to be given to City .ha~~ be
addressed as fo~~ows:
City Administrator
Ci ty Hall
300 North "0" Street
San Bernardino, Ca~ifornia
924~8
(b)
Notices required to be given to Subdivider sha~l be
addressed as follows:
16 ~f4VE:Q..\VAtd<.. . LLG.
.
17 [W ~r<-ILLC> ~....:.Jlb ~~A CA '1~2.1
18 (c) Notices required to be given to surety of Subdivider
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22 Provided that any party or the surety may change such address by
23 notice in writing to the other party, and, thereafter, notices
24 shall be addressed and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be binding
26 upon and inure to the benefit of each of the parties and their
27 respective ~egal representatives, successors, heirs and assigns.
sha~l be addressed as fo~~ows:
l='2I.!" )(]n~ cf AS::Or/!AIFS
"1-4-1D ru=rG,Uc;~A loc,l\nqe-~CA'aA-l
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IN IfJ:TNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
CI'l'Y OF SAN BERNARDINO
o j ,) /il, , f
1/-"/~..c...~ c..LCUL-;rL
ciWlerk
By: ~ 'lJ1~
Norine Miller, 'Mayor Pro Tem
C:1 t:y Of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
9 City Attorney,
:: Byt-1 4-
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INSTRUCTIONS
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If the Subdivider is a corporation, the Agreement must be
executed in the corpo~ate name and signed-by the President or a
Vice-President and the Secretary or Assistant Secretary, and the
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
22 notarized.
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STATE OF CALIFORNIA
COUN'l'Y OF
)
) ss.
)
On this day of
e, the undersigned, a Notary
tate, personally appeared
ersonally known to me (or proved to me on the basis of
atisfactory evidence to be the President, and
,19 ,before
Public in and for said County and
AS/mgl[Subdivimp.Agr] 15
eptember 20, 1990
'. )
"
I
98-21.
1
2
personally known to me (or proved
sat~sfactory ev~dence) to be the
of the corporat~on that executed
the w~tMn :1nstrwnent, and known
to me to be the persons who
executed the w~ thin ~nstrwnent
on behalf of the corporat~on
there~n named, and acknowledged
6 to me that such corporat~on
executed the same, pursuant to
7 ~ts by-laws, or a resolut~on of
~ts Board of Directors.
8 WITNESS my hand and official seal.
9
10
11
3
4
5
Notary Signature
12
13
14
15
16
17
18
19
20
21
22
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25
26
27
28
AS/mgl[Subdivimp.Agr] 16
eptember 20, 1990
tome on the basis of
(This area for official seal.)