HomeMy WebLinkAbout1994-259
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RESOLUTION NO. 94-259
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 10352, LOCATED ON THE NORTH
3 SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERMINUS OF LITTLE
MOUNTAIN DRIVE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON
4 SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
5 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 l:
The Mayor and Common Council find that
proposed Subdivision Tract No. l0352, located on the north side
of Northpark Boulevard, east of the terminus of Little Mountain
Drive, together with the provisions for their design and
improvements, is consistent with the General Plan of the City of
San Bernardino.
SECTION 2.
The Mayor of the City of San Bernardino is
authorized on behalf of said City to execute the standard form of
adopted by
Resolution
agreement
No. 84-8 with NORTHPARK
BUILDERS, LTD., for the improvements in said subdivision tracts
as are required by Title 19 of the San Bernardino Municipal Code
and the California Subdivision Map Act. The time for performance
is specified at 24 months.
Said improvements are specifically
described and shown on 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),
drainage and other public easements. As a condition precedent to
approval of the Final Map, the Subdivider shall first execute the
8-l7-94
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RESO:
APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. l0352
(NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF THE TERNINUS
OF LITTLE NOUNTAIN DRIVE)
94-259
1 agreement referenced in Section 2 hereof for the improvements
2 within said subdivision. The City Clerk shall certify the
3 approval and acceptance of the Nayor and Common Council as set
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forth in this resolution.
SECTION 4.
Recordation of the final map is
contingent
6 upon the subdivider filing acceptable financial guarantee to
7 insure construction of the required public improvements, and
8 insurance certificate.
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SECTION 5. This resolution is rescinded if the parties
10 to the agreement fail to execute it within sixty (60) days of the
11 passage of this resolution.
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RESO: APPROVING FINAL ~~P FOR SUBDIVISION TRACT NO. l0352
(NORTH SIDE OF NORTHPARK BOULEVARD, EAST OF TEE TERMINUS
OF LITTLE MOUNTAIN DRIVE)
94-259
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
regular
meeting thereof, held on the
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6th day of September
, 1994, by the following vote, to-
5 wit:
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
7 NEGRETE
8 CURLIN
9 HERNANDEZ
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
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21 Approved as to form
and legal content:
C~
Clerk
The foregoing resolution is hereby approved this g)){
day of
September
, 1994.
-;--~
, Tom Minor, Mayor
Ci ty of San Bernardino
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James F. Penman
City Attorney
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94-259
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4 day of
AGREEMENT '.
(Subdivision Xmprovements)
THIS AGREEMENT is made and entered into as of this ?hI.
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.1"",~~
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c,)./
, 19 ~, by and between 'the CITY OF SAN
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
6 "City", and ~.l'tll'ARK BUILDERS, LTD.
7 referred to as "Subdivider".
, hereinafter
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RECITALS
A.
WHEREAS, Subdivider has presented to City for
10 approval a final subdivision map (hereinafter called "map")
11 entitled TRAcr tl0352
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13 ; and,
14 B. 1fREREAS, 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; and,
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C.
IIJIERDS, 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
21 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 limits 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,
or cause to be done and performed, at Subdivider's own expense,
in a good and workmanlike manner, and furnish all required
materials, all to the satisfaction of the City Engineer of City,
the work and improvements within (and/or without) the subdivision
to complete the improvements in accordance with the Plans and
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 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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94-259
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2 said City Engineer.
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3.
Work:
Time for Co_encement and Performance. City
4 hereby fixes the time for the completion of said work to be
5 wi thin 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 whether or not
14 good cause has been shown to entitle Subdivider to &. 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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2 6. util.ity 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
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
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.
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.
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9.
Xnspection 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 (100%)
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94-259
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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94-259
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2 11. Sub~vider'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.
13 (a) Workers Compensation Insurance/Employer's Liability
14 Insurance. Sub~vider shall maintain, during the life
15 of this Agreement, Worker's Compensation Insurance and
16 Employer's Liability Insurance for all Subdivider's
17 employees employed at the site of improvement, and, in
18 case any work is sublet, Subdivider shall require any
19 contractor or subcontractor similarly to provide
20 Worker's Compensation Insurance and Employer's
~ Liability Insurance for all contractor's or
22 subcontractor's employees, unless such employees are
23 covered by the protection afforded by Subdivider. In
24 case any class of employees engaged in work under this
25 Agreement at the site of the project is not protected
26 under any Worker's Compensation Law, Subdivider shall
27 provide, and shall cause each contractor and
28 subcontractor to provide, adequate insurance for the
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94-259
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 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 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) ~ail 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
shall furnish City, concurrently with the execution hereof,with
satisfactory evidence of the insurance required, and evidence
that City is named and endorsed on the policy as an additional
insured. Subdivider and contractor shall also provide City with
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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l~ens, demands and cause of act~on of' every k~nd and character
~nclud~ng, but not l~m~ted to, the amounts of judgments,
penalt~es, ~nterests, court costs, attorney's/legal fees, and all
other expenses ~ncurred by the City aris~ng ~n 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 l~mitat~on by enumerat~on, 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 off~cers, employees,
agents) from the terms of this Agreement, whether such
operations/~ncidents are caused by contractor, Subdivider or any
of contractor/Subdiv~der'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
Subd~v~der's contractors or subcontractors. Subd~v~der/Developer
shall ~nvestigate, handle, respond to, prov~de defense for and
defend any such cla~ms, demand, or suit at the sole expense of
the Subdivider/Developer even ~f the cla~m or cla~ms alleged are
groundless, false or fraudulent.
Subdivider agrees to, and
shall, defend C~ty, ~ts appo~ntive boards, commissions, off~cers,
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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2 aforesaid hold harmless agreement, because of the
3 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
7 Subdivider shall apply to all damages and claims for
8 damages of every kind suffered, or alleged to have
9 been suffered, by reason of any of the aforesaid
10 operations referred to in this paragraph, regardless
11 of whether or not City has prepared, supplied or
12 approved of Plans and/or Specifications for the
13 subdivision, or regardless of whether or not such
14 insurance policies shall have been determined to be
15 applicable to any of such damages or claims for
16 damages.
17 1U.s provision 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. ~it:1e 1:0 x.,j).....vement&. Title to, and owners1U.p of,
25, 11 improvements constructed hereunder by Subdivider shall vest
26' bsolutely in City, upon completion and acceptance of such
27 provements by City.
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15.
Repair or Reconstruction of Defective Work.
If,
within a period of one year after final acceptance of the work
performed under this Agreement, any 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
require repair, replacement or reconstruction before the
Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work,
and Subdivider shall pay to the City the actual cost of such
repairs plus fifteen percent (15t).
16. Subdivider Not Aqent of City. Neither Subdivider nor
any of Subdivider's agents or contractors are, or shall be,
considered to be agents of City in connection with the
performance of Subdivider's obligations under this Agreement.
17. Cost of Eng~eering and Inspection. Subdivider shall
pay to City the costs of all permit fees for all engineering
inspections and other services connected with the City in regard
to the subdivision. Said fees shall be paid prior to commencing
any construction.
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18. Not~ce of Breach and Defauit. If Subdivider refuses
3 or fa~ls to obta~n prosecution of the work, or any severable part
4 thereof, w~th such d~ligence as will ~nsure its completion within
5 the t~me specified, or any extensions thereof, or fails to obtain
6 complet~on of said work within such time, or if the Subdivider
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should be adjudged a bankrupt, or Subdivider should make a
general assignment for the benef~t of Subdivider's creditors, or
~f a receiver should be appointed ~n the event of Subdivider's
~nsolvency, or ~f Subdiv~der, 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 not~ce upon Subdivider and Subdiv~der's surety of
breach of th~s Agreement, or of any port~on thereof, and default
of Subdiv~der.
19. Breach of Agreement: Perfonnance by Surety or C~ty.
In the event of any such not~ce, Subd~v~der's surety shall have
the duty to take over and complete the work and the ~mprovement
here~n spec~f~ed: prov~ded, however, that ~f the surety, within
f~ve days after the serv~ng upon of such not~ce of breach, does
not g~ ve Ci ty wr~ tten not~ce of ~ ts ~ntent~on to take over the
performance of the contract, and does not commence performance
thereof with~n five days after not~ce to City of such election,
C~ty may take over the work and prosecute the same to complet~on,
by contract or by any other method C~ty may deem advisable, for
the account and at the expense of Subdiv~der, and Subdivider's
surety shall be l~able to C~ty for any excess cost or damages
occas~oned c~ty thereby: and, ~n such event, City, without
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2 liability for so doing, may take possession of, and utilize in
3 completing the work, such materials, appliances, plant and other
4 property belonging to Subdivider 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 prepaid.
9 (a) Notices required to. be given to City shall be
10 addressed as follows:
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City Administrator
Ci ty Hall
300 North "D" Street
San Bernardino, California
9241B
(b) Notices required to be given to Subdivider shall be
addressed as follows:
lILKJ."tft'ARK BUILDERS. 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/DIOO ffiOllP
17780 Fitch. Ste. 200, Irvine, CA 92714
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 legal representatives, successors, heirs and assigns.
28 III
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and year first above written.
3
4 ATTEST:
CITY OF SAN BERNARDINO
~~,~~
By: lV~ ~k~
l' M HIN , Hayor
City of San Bernardino
5 r? IU:,W" C1/J.-->~-
6 ~Clerk
Approved as to form
7 and legal content:
8
JAMES F. PENMAN,
9 Ci ty Attorney,
:~ B/~a..J
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SUBDIVIDER:
l'LR'.11:U'ARK BUI
BY: OOBCRNE
By:
, LTD.
CXRP.. GEN. P
rt E. Osborne. P1:esident
INSTRUCTIONS
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If the Subdivider is a corporation, the Agreement must be
executed in the corporate name and signed by the President or a
Vice-President and the Secretary or Assistant Secretary, 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
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notarized.
TATE OF CALIFORNIA
)
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ss.
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COUNTY OF O.?Z.AIJ ot,-::--
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On this /i1A-. day of
26 e, the undersigned, a Notary
tate, personally appeared .
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, 19~, before
#or said~ounty and
'\c ,.., , ?
0/J, //<:.- ::-
ersonally known to me (or proved to me on the basis of
atisfactory evidence to be the President, .....
AS/mgl[Subdivimp.Agr] 15
eptember 20, 1990
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personally known to me (or proved
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.
.~D.w atlllcJ\r~
V Notary Signature
94-259
BASjmgl[Subdivimp.Agr] 16
September 20, 1990
to me on the basis of
OI'PICUL au.
louise Anderson
AAV.....-x; CAlIFOFU..,
""'""'" COUNTY
"'eom.._......._
(This area for official seal.)