HomeMy WebLinkAbout1996-016
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RESOLUTION NO.
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2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14448, LOCATED ON THE SOUTH-
3 EAST CORNER OF NORTIlPARK BOULEVARD AND 110UNTAIN DRIVE, 1'.CCEPTIlJG
TilE PUBLIC DEDICATIONS AS SET FORTH ON SAID HAP; AIlD AUTHORIZING
4 EXECUTIon OF THE STANDARD FORI"'! OF AGREE11ENT FOR THE H'!PROVEMEIlTS
IN SAID SUBDIVISION, \'JITH TINE FOR PERFORl1ANCE SPECIFIED.
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BE IT RESOLVED BY THE I'lAYOR AND COMI'lON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOHS,
7 SECTION 1: The Mayor and Connon Council find that
8 proposed Subdivisicn Tract No. 14448, located on the Southeast
9 corner of Northpark Boulevard and Mountain Drive, together with
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the provisions for their design and inprovF'l'lents, is consistfmt
with the General Plan of the City of San Be~ner0ino.
SECTION2.
The Mayor of the City of San Bernardino is
authorized on nehal f of said City to execute the standard forn
of agreenent adopted by Resolution No.
84..8 with OSBORlJE
DEVELOPMENT CORPORATIOn, for thp inprovenpnts in sai.0 suhdivisinn
tract as are required by Title 19 of the San Bernardino Nunici-
pal Code and the California Subdivision Map Act.
The tine for
perforna.nce is specified at 24 months.
Said irnproveJ"lPDt.s an,
specifically described
and shown on Drawings approvpd and on
20 file in the office of the City Engineer
of
the
Ci ty of
San
21 Bernardino.
22 SECTION 3: The Final Map of said subdivision tract is
23 hereby approved and the City of San Bernardino hereby accepts
24 as public property all dedications within the subdivision as
25 sho,,1n on said Final Map for streets, alleys, (including access
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rights), drainage and other public easenents.
As a condition
precpdent to
a,:>proval of thp Final Me.D. thp Subdivioer shall
first execute the agreement refert~nced in Section 2 hereof for
1-04-96
96-16
RESO, APPROVING FIIJAL HAP FOR SUBDIVISION TRACT NO. 14448
(SOUTHEAST CORNER OF NORTHPARK BOUT,EVAJ'D AND MOUNTAIN
DRIVE)
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Comnon Council of the City of San
adjourned
Bernardino at a regular _r'leet:ing thereof, hel(l on the
4 22nd day of January
, 1996, by the following vote, to-wit:
Council Menbers:
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NEGRETE
CURLIN
HERNANDEZ
AYES
NAYS
10 DEVLIN
11 POPE-LUDLAM
12 HILLER
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9 OBERHELMAN
day of
ABSTAIN
ABSENT
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The foregoing resolution is
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:..f- A--c/luLt"" ,-y'lL
Rac.1 Clark, City Clerk
hereby approved this ;?3Aof
January
, 1996.
Approved as to form
and legal content:
City
James F. Penman
City Attorney
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AGREEMENT '.
(Subdivision :IJaprov_ents)
'l'IUS AGREBMBNT is made and entered into as of this d3M
4 day of January
, 19 ~, by and between the CITY OF SAN
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
Northpark Builders, III, Ltd.
6 -City-, and , hereinafter
7 referred to as -Subdivider-.
8 RECITALS
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A.
WHEREAS, Subdivider has presented to City for
10 approval a final subdivision map (hereinafter called -map")
11 entitled
Tract 'l4448
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; and,
14 B. WHEREAS, the map has been filed with the City for
15 presentation to the City Council (hereinafter called -Council-)
16 of the City for its approval, which map is hereby referred to and
17 incorporated herein: ane!,
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C.
IIHEREAS, Subdivider has requested approval of the map
19 prior to the construction and completion of improvements,
20 including all streets, highways or public ways and public utility
~ facilities which are a part of, or appurtenant to, the
22 subdivision (hereinafter called -subdivision-) designated in the
23 map, all in accordance with, and as required by, the Plans and
24 Specifications for all or any of said improvements in,
25 appurtenant to, or outside the U.m1ts of subdivision, which Plans
26 and Specifications are now on file in the Office of the City
27 Engineer of the City: and,
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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,
6 E. WHEREAS, This Agreement is executed pursuant to the
7 provisions of the Subdivision Map Act of the State of California
8 and Title 18 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:
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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 improv_ents lfithin (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 1:0 be Fized 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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3.
Work:
Time for Co_encement and Performance. Ci ty
4 hereby fixes the time for the completion of said work to be
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24 Months
from the date hereof.
6 4. Time of Essence - Extension. Time is of the essence of
7 this Agreement; provided that, in the event good cause is shown
8 therefor, the City Engineer may extend the time for completion of
9 the improvements hereunder. Any such extension may be granted
10 without notice to the Subdivider's surety, and extensions so
11 granted shall not relieve the surety's liability on the bond to
12 secure the faithful performance of this Agreement.
The City
13 Engineer shall be the sole and final judge as to whet:ler or not
14 good cause has been shown to entitle Subdivider to m. extension.
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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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6.
utility Deposits - Statement.
Subdivider shall file
3 with the City Clerk, prior to the commencement of any work to be
4 performed within the area delineated on the map, a written
5 statement signed by Subdivider, and each public utility
6 corporation involved, to the effect that Subdivider has made all
7 deposits legally required by such public utility corporation for
8 the conn~ction of any and all public utilities to be supplied by
9 such public utility corporation within the Subdivision.
10 7. Permits: Compliance wi.th 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 18 San Bernardino Municipal Code.
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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.
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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 is 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:
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(a) An amount equal to at least one hundred percent (100%)
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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 18 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 City Attorney as to form, amount and
6 carrier, nor shall Subdivider allow any contractor or
7 subcontractor to commence work on his contract or subcontract
8 until all similar insurance required of the contractor or
9 subcontractor shall have been so obtained and approved. All
10 requirements herein provided shall appear either in the bOdy of
11 the insurance pOlicies or as endorsements and shall specifically
12 bind the insurance carrier.
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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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eptember 20, 1990
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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
life 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
subcontractor performing work covered by this
Agreement from claims for damages for personal injury,
(as defined hereunder), including death, as well as
from claims for property damage or product liability
which may arise from Subdivider's or any contractor's
or subcontractor's operations hereunder, whether such
operations be by Subdivider or any contractor or
subcontractor, or by anyone, including, without
limitation, agents, employees or independent
contractors, directly or indirectly employed by either
Subdivider or any contractor or subcontractor, and the
amounts of such insurance shall be as follows:
(1 ) Public Liabili tv :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 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) ~ai1 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,with
17 satisfactory evidence of the insurance required, and evidence
18 that City is named and endorsed on the policy as an additional
19 insured. Subdivider and contractor shall also provide City with
20 vidence that each carrier will be required to give City at least
21 en (10) days prior written notice of the cancellation or
22 eduction in coverage of any policy during the effective period
23 this Agreement.
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13.
Hold Harmless/Indemnification.
Subdivider(s)/
25 eveloper(s) hereby agree to and shall protect, defend, indemnify
26 nd hold the City and its elective and appointive boards,
27 ommissions, officers, agents, employees and servants free and
28 armless from any and all liability losses, damages, claims,
AS/mgl[Subdivimp.Agr] 9
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2 l~ens, demands and cause of action of" every kind and character
3 ~nc1ud~ng, but not l~m~ted to, the amounts of judgments,
4 penalt~es, ~nterests, court costs, attorney's/legal fees, and all
5 other expenses ~ncurred by the c~ty arising ~n favor on any
6 party, including claims, l~ens, debts, demands for lost wages or
7 compensation, personal injur~es, including employees of the City,
8 death or damages to property (~nclud~ng property of the City) and
9 without l~mitation by enumerat~on, all other cla~ms or demands of
10 every character occurring or ~n any way incident to, in
11 connect~on w~th or arising directly or ~ndirect1y, (including
12 from the neg1~gent performance by ~ts officers, employees,
13 agents) from the terms of this Agreement, whether such
14 operat~ons/~ncidents are caused by contractor, Subdivider or any
15 of contractor/Subd~vider'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
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shall investigate, handle, respond to, provide defense for and
defend any such claims, demand, or suit at the sole expense of
the Subdivider/Developer even if the claim or claims alleged are
groundless, false or fraudulent.
Subdivider agrees to, and
shall, defend City, its appointive boards, commissions, officers,
agents and employees from any suits or actions at law or in
equity for damages caused, or alleged to have been caused, by
reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights
against Subdivider which it may have by reason of the
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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 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
15 applicable. to any of such damages or claims for
16 damages.
17 his prevision is not intended to create any cause of action in
18 aver of any third party against Subdivider/Developer or the City
19 r to enlarge in any way the Subdivider's/Developer's liability
20 ut is intended solely to provide for indemnification of the City
21 rom liability for damage or injuries to third persons or
22 roperty arising from Subdivider/Developer's performance
23 ereunder.
24 14. '!'itle to blp%C>v_ents. Title to, and ownership of,
25 11 improv_ents constructed hereunder by Subdivider shall vest
26 bsolutely in City, upon completion and acceptance of such
27 rev_ents by City.
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2 15. Repa~r or Reconstruct~on of Defect~ve Work. If,
3 within a period of one year after final acceptance of the work
4 performed under this Agreement, any structure or part of any
5 structure furnished and/or installed or constructed, or caused to
6 be installed or constructed by Subdivider, or any of the work
7 done under this Agreement, fails to fulfill any of the
8 requirements of this Agreement or the Specifications referred to
9 herein, Subdivider shall, without delay and without any cost to
10 City, repair or replace or reconstruct any defective or otherwise
11 unsatisfactory part or parts of the work or structure.
Should
12 Subdivider fail to act promptly or in accordance with this
13 requirement, or should the exigencies of the situation as
14 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
17 necessary repairs or replacements or perform the necessary work,
18 and Subdivider shall pay to the City the actual cost of such
19 repairs plus fifteen percent (15%).
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16. Subdiv~der Not Agent of City. Neither Subdivider nor
21 any of Subdivider's agents or contractors are, or shall be,
22 considered to be agents of City in connection with the
erformance of Subdivider's obligations under this Agreement.
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17. COst of Engineering and Inspection. Subdivider shall
to City the costs of all permit fees for all engineering
nspections and other services connected with the City in regard
o the subdivision.
Said fees shall be paid prior to commencing
ny construction.
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2 18. Not~ce of Breach and Defauit. If Subdiv~der refuses
3 or fa~ls to obtain prosecut~on of the work, or any severable part
4 thereof, w~th such d~l~gence as will ~nsure ~ts comp1et~on w~th~n
5 the t~me spec~f~ed, or any extens~ons thereof, or fa~ls to obta~n
6 completion of said work within such time, or if the Subdivider
7 should be adjudged a bankrupt, or Subdivider should make a
8 general assignment for the benefit of Subdivider's creditors, or
9 if a receiver should be appo~nted in the event of Subdivider's
10 insolvency, or if Subdivider, or any of Subdivider's contractors,
11 subcontractors, agents or employees, should violate any of the
12 provis~ons of this Agreement, City Eng~neer or City Council may
13 serve written notice upon Subd~v~der and Subdivider's surety of
14 breach of th~s Agreement, or of any port~on thereof, and default
15 of Subdivider.
16 19. Breach of AgreeIHnt: Performance by Surety or City.
17 In the event of any such notice, Subdivider's surety shall have
18 the duty to take over and complete the work and the ~mprovement
19 herein specified: provided, however, that ~f the surety, within
20 five days after the serving upon of such notice of breach, does
21 not g~ve City written notice of ~ts ~ntention to take over the
22 performance of the contract, and does not commence performance
23 thereof w~thin five days after notice to C~ty of such election,
24 C~ty may take over the work and prosecute the same to completion,
25 by contract or by any other method City may deem advisable, for
26 the account and at the expense of Subdivider, and Subdivider's
27 surety shall be liable to City for any excess cost or damages
28 occasioned City thereby; and, in such event, City, without.
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2 ~iabi1ity for so doing, may take possession of, and utilize in
3 pompleting the work, such materials, appliances, plant and other
4 property belonging to Subdivider as may be on the site of the
5 ~ork 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 prepaid.
9 (a) Notices required to be given to City shall be
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addressed as follows:
City Administrator
Ci ty 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:
Northpark Builders, III, Ltd.
22892 Mill Creek Drive. Laguna Hills, CA 92653
(c) Notices required to be given to surety of Subdivider
shall be addressed as follows:
The Insco Dico Group
l7780 Fitch, Suite 200. Irvine, Ca 92714
22 rovided that any party or the surety may change such address by
23 ~otice in writing to the other party, and, thereafter, notices
24 hall be addressed and transmitted to the new address.
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21.
This Agreement shall be binding
Successors Bound.
26 pon and inure to the benefit of each of the parties and their
27 espective legal representatives, successors, heirs and assigns.
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4 ATTEST:
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7 Approved as to form
and legal content:
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JAMES F. PENMAN,
9 City Attorney,
R:
k Builders. III, Ltd.
By:
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By:
o er
reSl ent
By:
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INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be
15 executed in the corporate name and signed-by the President or a
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orporate seal affixed.,
If the Subdivider is a partnership, it
ice-President and the Secretary or Assistant Secretary, and the
ust be signed by all partners.
If the Subdivider is an
19 ndividual doing business under a fictitious name, it must be
20 igned by all persons having an interest in the business, and the
ictitious name must be signed also.
The Agreement must be
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22 otarized.
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24 TATE OF CALIFORNIA
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On this day of
26 e, the undersigned, a Notary
27 tate, personally appeared
ersonally known to me (or proved to me on the basis of
28 atisfactory evidence to be the President, and
,19 ,before
Public in and for said County and
AS/mgl[Subdivimp.Agr] 15
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personally known to me (or proved to me on the basis of
satisfactory evidence) to be the
of the corporation that executed
the within instrument, and known
to me to be the persons who
executed the within instrument
on behalf of the corporation
therein named, and acknowledged
to me that such corporation
executed the same, pursuant to
its by-laws, or a resolution of
its Board of Directors.
WITNESS my hand and official seal.
Notary Signature
AS/mgl[Subdivimp.Agr] 16
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(This area for official seal.)
96-16
STATE OF CALIFORNIA
COUNTY OF ORANGE
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}ss.
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On JANUARY l7, 1996
personally appeared
, before me, CAROLE L. NEWKIRK, NOTARY PUBLIC
ROBERT E. OSBORNE, PRESIDENT
, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(~ whose name(s) is/11M
subscribed to the within instrument and acknowledged to me that heJ6itte/lH&:lt executed the same
in his~ll<authorized capacity(~), and that by his~fflr signature(li) on the instrument the
person(~ or the entity upon behalf of which the person(ll) acted, executed the instrument.
WITNESS my hand and official seal.
Signaturea{.W I JUuJdu f
I ~ ' ;';"':,',;';"; , "
.' ....... COMM.1ll60581
..... . '. z
~ ; "iii . : Nol8Iy PubIio-CaBIornia ~
z ' - . . ORANGE COUNTY _
J . Mycomm.e'llirelMAR 15,1996 J
~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
{This area for offiCial notarial seal}
Title of Document Ilbl?f~r)(..hUr (~6OiUIYN .~LP/!(;{)&){.nas)
Date of Document / /9 ~ No. of Pages / ~
/
Other signatures '29.t acknowledged '7{;m n(,o,){JfL
3008 (1/94) (General)
Firs! AmerIcan Tille Insurance Company