HomeMy WebLinkAbout1993-463
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RESOLUTION NO. 93-463
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR PARCEL MAP NO. 14577, LOCATED AT THE NORTHEAST
3 CORNER OF THE INTERSECTION OF INDUSTRIAL PARKWAY AND PALM AVENUE;
AND AUTHORIZING EXECUTION OF THE PARCEL MAP IMPROVEMENT AGREEMENT
4 FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR
PERFORMANCE SPECIFIED.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1 :
The Mayor and Common Council find that
8 proposed Parcel Map No. 14577, located on the Northeast corner of
9 the intersection of Industrial Parkway and Palm Avenue, together
10 with the provisions for their design and improvements, is
consistent with the General Plan of the 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 Parcel Map
14 Improvement Agreement with ATEF FAKHOURY AND MAYSOUN FAKHOURY
15 for the improvements in said Parcel Map as are required by Title
16 19 of the San Bernardino Municipal Code and the California
17 Subdivision Map Act.
The time for performance is specified in
18 the Agreement. Said improvements are specifically described and
19 shown on Drawings approved and on file in the office of the City
20 Engineer of the City of San Bernardino.
21
SECTION 3:
The Final Map of said Parcel Map is hereby
22 approved.
As a condition precedent to approval of the Parcel
23 Hap, the Subdivider shall
24 referenced in Section 2 hereof
25 subdivision. The City Clerk
first
execute the agreement
for the improvements within said
shall certify the approval and
26 acceptance of the Mavor and Common Council as set forth in this
27 resolution.
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12-14-93
RESO;
APPROVING FINAL 11AP FOR PARCEL MAP NO. 14577
(NORTHEAST CORNER OF INDUSTRIAL PARKWAY AND PALM AVENUE)
93-463
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 --E..egular ___meeting thAreof, held on the
4 _20t.~day of
5 wit:
6 Council Members:
7 NEGRETE
8 CURLIN
9 HERNANDEZ
December
, 1993, by the following vote, to-
AYES
NAYS
ABSTAIN
ABSENT
_1L-
x
x
10 OBERHELMAN
11 DEVLIN
12 POPE-LUDLAM
13 MILLER
_1L-
x
_1L-
x
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r?~~
~C1ark, City Clerk
The foregoing rAso1ution is hereby approved this ~\'S\- _
day of
December
, 1993.
~~)t(~
Tom Minor, Mayor
Ci ty of San Bernardino
21 Approved as to form
and legal content:
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James F. Penman
City Attorney
1- - re~",
- 3 -
. 93-463
RESO: APPROVING FINAL MAP FOR PARCEL MAP NO. 14577
(NORTHEAST CORNER OF INDUSTRIAL PARKWAY AND PALM AVENUE)
1 SECTION 4. This resolution is rescinded if the parties
2 to the agreement fail to execute it within sixty (60) days of the
3 passage of this resolution.
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II
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AGREEMENT
(parcel Map Improvements)
3
THIS AGREEMENT is made and entered into as of this 15th
4 day of
December
, 19 93 , by and between the CITY OF SAN
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
6 "City", and Atef Fakhoury and Maysoun Fakhoury
7 referred to as "Subdivider".
, hereinafter
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9
RECITALS
A.
WHEREAS, Subdivider has previously received City
10 approval of Tentative Parcel Map No. 14577 , and has presented to
11 City for approval a final parcel map (hereinafter called "map")
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entitled Parcell, Parcel Map No. 14577
; and,
B.
WHEREAS, the map has been filed with the City for
presentation to the City Council (hereinafter called "Council") of
the City for its approval, which map is hereby referred to and
incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map
20 prior to the construction and completion of improvements.
21 including all streets, highways or public ways and public utili~
22 facilities which are a part of, or appurtenant to, the subdivisior
23 (hereinafter called "subdivision") designated in the map, all ir
24 accordance with, and as required by, the Plans and Specificationf
25 for all or any of said improvements in, appurtenant to, or outsidE
26 the limits of subdivision, which Plans and Specifications are not
27 on file in the Office of the City Engineer of the City; and,
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D.
WHEREAS, Council has approved said map and accepted the
2 dedications therein offered, or some thereof, on condition that
3 Subdivider first enter into and execute this Agreement with the
4 City; and,
5 E. WHEREAS, This Agreement is executed pursuant to the
6 provisions of the Subdivision Map Act of the State of California
7 and Title 19 San Bernardino Municipal Code.
8 NOW THEREFORE, for and in consideration of the approval of
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93-463
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3. Work: Time for Commencemen~ and Performance.
2 Construction of required improvements shall begin within 90 days
3 of the receipt by Subdivider of the Notice to proceed from the
4 City.
5 4. Time of Essence - Ex~ension. Time is of the essence of
6 this Agreement; provided that, in the event good cause is shown
7 therefor, the City Engineer may extend the time for completion of
8 the improvements hereunder. Any such extension may be granted
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wi thout notice to the Subdivider's surety, and extensions so
granted shall not relieve the surety's liability on the bond to
secure the faithful performance of this Agreement.
The City
Engineer shall be the sole and final judge as to whether or not
good cause has been shown to entitle Subdivider to an extension.
5. Repairs and Replacemen~s. Subdivider shall replace, or
15 have replaced, or repair, or have repaired, as the case may be,
16 all pipes and monuments shown on the map which have been destroyed
17 or damaged, and Subdivider shall replace, or have replaced,
18 repair, or have repaired, as the case may be, or pay to the owner
19 the entire cost of replacement or repairs, of any and all property
20 damaged or destroyed by reason of any work done hereunder, whether
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such property be owned by the United States, or any agency
thereof, or the State of California, or any agency or political
subdivision thereof, or by the City, or by any public or private
corporation, or by any person whomsoever, or by any combination of
such owners.
Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deposits - S~a~emen~.
Subdivider shall file
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93-463
1 with the City Clerk, prior to the commencement of any work to be
2 performed within the area delineated on the map, a written
3 statement signed by Subdivider, and each public utility
4 corporation involved, to the effect that Subdivider has made all
5 deposits legally required by such public utility corporation for"
6 the connection of any and all public utilities to be supplied by
7 such public utility corporation within the Subdivision.
8 7. Permits: Compliance with Law. Subdivider shall, at
9 Subdivider's expense, obtain all necessary permits and licenses
10 for the construction of such improvements, give all necessary
11 notices and pay all fees and taxes required by law. Subdivider
12 shall comply with all provisions of the Subdivision Map Act and
13 Title 19 San Bernardino Municipal Code.
14 8. Superintendence by Subdivider. Subdivider shall give
15 personal superintendence to the work on said improvement, or have
16 a competent foreman or superintendent, satisfactory to the City
17 Engineer on the work at all times during progress, with authority
18 to act for Subdivider.
19 9. :Inspection by City. Subdivider shall at all times
20 maintain proper facilities and provide safe access for inspection
21 by City to all parts of the work and to the shops wherein the work
22 is in preparation.
23 10. Contract Security. Concurrently with the execution of
24 this agreement, except for residential parcel maps, the Subdivider
25 shall furnish to City Engineer improvement security as follows:
26 (a) An amount equal to at least one hundred percent (lOOt)
27 of the total estimated cost of the improvement and acts
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(b)
(c)
maps where
to be performed as securi ty for the fai thful
performance of this Agreement;
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,
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
credi t 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.
11.
Subdivider's Insurance. Except for residential parcel
improvements are consructed by an owner/builder,
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ubdivider shall not commence work under this Agreement until
ubdivider or Subdivider's contractor has obtained all insurance
equired under this paragraph, and such insurance has been
4 approved by City Attorney as to form, amount and carrier, nor
5 shall Subdivider allow any contractor or subcontractor to commence
6 ork on his contract or subcontract until all similar insurance
7 required of the contractor or subcontractor has been so obtained
8 and approved. All requirements herein provided shall appear
9 either in the body of the insurance policies or as endorsements
10 and shall specifically bind the insurance carrier.
(a) Workers Compensation Insurance/Employer' 8 Liability
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Insurance.
Subdivider shall maintain, during the time
period that the improvements are constructed, 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
Employer's
Liability
Compensation
Insurance
and
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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 protection of
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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 time
period that the improvements are constructed, 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
contractor's
or
subcontractor's
operations
any
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
contractor
or
and
Subdivider
any
employees,
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.
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, 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 ten (10)
days prior written notice of the cancellation or reduction in
coverage of any policy during the effective period of this
Agreement.
13.
Hold Harmless/Indemnification.
Subdivider(s)/
Developer(s) hereby agree to and shall protect, defend, indemnify
and hold the City and its elective and appointive boards,
commissions, officers, agents, employees and servants free and
harmless from any and all liability losses, damages, claims,
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1 liens, demands and cause of action of every kind and character
2 including,
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but
not
limi ted
the
amounts
of
judgments,
to,
i
penalties, interests, court costs, attorney's/legal fees, and all'
!
,
4 other expenses incurred by the City arising in favor on any party,
5 including claims, liens, debts, demands for lost wages or
6 compensation, personal injuries, including employees of the City,
7 death or damages to property (including property of the City) and
8 without limitation by enumeration, all other claims or demands of
9 every character occurring or in any way incident to, in connection
10. with or arising directly or indirectly, (including from the
11 negligent performance by its officers, employees, agents) from the
12 terms of this Agreement, whether such operations/incidents are
13 caused by contractor, Subdivider or any of contractor /Subdi vider' s
14 subcontractors, contractors or by anyone or more persons directly
15 or indirectly employed by or acting as agent for contractor,
16 Subdivider, or anyone of contractor or Subdivider's contractors
17 or subcontractors.
Subdivider/Developer shall investigate,
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handle, respond to, provide defense for and defend any such
claims.
demand,
or sui t 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,
22 defend City, its appointive boards, commissions, officers, agents
23 and employees from any suits or actions at law or in equity for
24 damages caused, or alleged to have been caused, by reason of any
25 of the aforesaid operations, provided as follows:
26 (a) That City does not, and shall not, waive any rights
27 against Subdivider which it may have by reason of the
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1 aforesaid hold harmless agreement, because of the
2 acceptance by City, or the deposit with City by
3 Subdivider, or any of the insurance policies described
4 in Paragraph 11 hereof.
5 (b) That the aforesaid hold harmless agreement by
6 Subdivider shall apply to all damages and claims for
7 damages of every kind suffered, or alleged to have been
8 suffered, by reason of any of the aforesaid operations
9 referred to in this paragraph, regardless of whether or
10 not City has prepared, supplied or approved of Plans
11 and/or Specifications for the subdivision, or
12 regardless of whether or not such insurance policies
13 shall have been determined to be applicable to any of
14 such damages or claims for damages.
15 This provision is not intended to create any cause of action in
16 favor of any third party against Subdivider/Developer or the City
17 or to enlarge in any way the Subdivider's/Developer's liability
18 but is intended solely to provide for indemnification of the City
19 from liability for damage or injuries to third persons or property
20 arising from Subdivider/Developer's performance hereunder.
21 14. Ti1:le 1:0 Improvemen1:s. Title to, and ownership of, all
22 improvements constructed hereunder by Subdivider shall vest
23 absolutely in City, upon completion and acceptance of such
24 improvements by City.
25 15. Repair or Reconstruc1:ion of Defec1:ive Work. If, wi thin
26 a period of one year after final acceptance of the work performed
27 under this Agreement, any structure or part of any structure
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1 furnished
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constructed,
or
caused to be
installed
and/or
or
installed or constructed by Subdivider, or any of the work done
3
under this Agreement, fails to fulfill any of the requirements of
4 this
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referred
to
herein,
or
the
Specifications
Agreement
Subdivider shall, without delay and without any cost to City,
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repair or
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replace or
reconstruct any defective or otherwise
Should
unsatisfactory part or parts of the work or structure,
8 Subdivider fail to act promptly or in accordance with this
9
requirement, or should the exigencies of the situation as
10 determined by the City in the exercise of its sole discretion
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require repair, replacement or reconstruction before the
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Subdivider can be notified, City may, at its option, make the
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necessary repairs or replacements or perform the necessary work,
14 and Subdivider shall pay to the City the actual cost of such
15 repairs plus fifteen percent (15%).
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16.
Subdivider Not Agent of City.
Neither Subdivider nor
or shall
be,
any of Subdivider's agents or contractors are,
considered to be agents of City in connection with the performance
of Subdivider's obligations under this Agreement.
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17. Cost of Engineering and Inspection. Subdivider shall
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pay to City the costs of all permit fees for all engineering
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inspections and other services connected with the City in regard
23 to the subdivision. Said fees shall be paid prior to commencing
24 any construction.
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18. Notice of Breach and Default. 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
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1 the time specified, or any extensions thereof, or fails to obtain
2 completion of said work within such time, or if the Subdivider
3 should be adjudged a bankrupt, or Subdivider should make a general
4 assignment for the benefit of Subdivider's creditors, or if a
5 receiver should be appointed in the event of Subdivider's
6 insolvency, or if Subdivider, or any of Subdivider's contractors,
7 subcontractors, agents or employees, should violate any of the
8 provisions of this Agreement, City Engineer or City Council may
9 serve written notice upon Subdivider and Subdivider's surety of
10 breach of this Agreement, or of any portion thereof, and default
11 of Subdivider.
12 19. Breach of Agreement; Performance by Surety or City. In
13 the event of any such notice, Subdivider's surety shall have the
14 duty to take over and complete the work and the improvement herein
15 specified; provided, however, that if the surety, within five days
16 after the serving upon of such notice of breach, does not give
17 City written notice of its intention to take over the performance
18 of the contract, and does not commence performance thereof within
19 five days after notice to City of such election, City may take
20 over the work and prosecute the same to completion, by contract or
21 by any other method City may deem advisable, for the account and
22 at the expense of Subdivider, and Subdivider's surety shall be
23 liable to City for any excess cost or damages occasioned City
24 thereby; and, in such event, City, without liability for so doing,
25 may take possession of, and utilize in completing the work, such
26 materials, appliances, plant and other property belonging to
27 Subdivider as may be on the site of the work and necessary
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1 therefor. Alternatively, in the event of default by Subdivider,
2 the City may cause the construction to be done and charge the
3 entire cost and expense to Subdivider or his successors, including
4 interest at the legal rate from the date of notice of the cost and
5 expense until paid. Said cost, expense, and interest shall be
6 recorded as a lien against the subdivision property.
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20.
Notices.
All notices herein required shall be in
8 writing, and delivered in person or sent by registered mail,
9 postage prepaid.
10 (a) Notices required to be given to City shall be addressed
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as follows:
City Administrator
Ci ty Hall
300 North "D" Street
San Bernardino, California
92418
(b)
Notices required to be given to Subdivider shall be
addressed as follows:
Atef Fakhoury
5986 North Palm Ave., San Bernardino, CA 92407
(c)
Notices required to be given to surety of Subdivider
20 shall be addressed as follows:
21 Atef Fakhoury
22 5986 North Palm Ave., San Bernardino, CA 92407
23 Provided that any party or the surety may change such address by
24 notice in writing to the other party, and, thereafter, notices
25 shall be addressed and transmitted to the new address.
26 21. Successors Bound. This Agreement shall be binding upon
27 and inure to the benefit of each of the parties and their
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1 respective legal representatives, successors, heirs and assigns.
2
22.
Recorded Agreement.
This agreement shall be recorded
3 in the office of the San Bernardino County Recorder at the expense
4 of the Subdivider.
5 23. Attorneys Fees. If legal action is taken to enforce or
6 interpret any provision of this Agreement, then the prevailing
7 party in that action will be entitled to recover from the losing
8 party all attorneys I fees and costs in connection with that
9 action, which amount shall be recorded as a lien against the
10 subdivision property
11 24. Subdivider Defined. The term "Subdivider" shall
12 include not only the present owner of the subdivision property but
13 also any heirs, successors, executor, administrators or assigns,
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with the intent that the obligations undertaken in the Agreement
shall run with the real property which is the subject to the
subdivision.
XN WXTNESS WHEREOF. the parties hereto have executed this
Agreement on the day and year first above written.
ATTEST:
CITY OF SAN BERNARDINO
/ /-)&;
/// / . <:
By: ~f';7n'l I~
T H H1NOR, Hayor
~ 2 t 1991 City of San Bernardino
C~~~
Approved as to form
and legal content:
SUBDIVIDER:
JAMES F. PENMAN,
City Attorney.
By:
By:
By:
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INSTRUCTIONS
If the Subdivider is a c~rporation, the Agreement must be
3 executed in the corporate name and signed by the President or a
4 Vice-President and the Secretary or Assistant Secretary, and the
5 corporate seal affixed. If the Subdivider is a partnership, it
6 must be signed by all partners. If the Subdivider is an
7 individual doing business under a fictitious name, it must be
8 signed by all persons having an interest in the business, and the
9 fictitious name must be signed also.
The Agreement must be
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notarized.
)
COUNTY OF tM /J~Jb ~ ss.
14 On this/h1-C day of U.eu/YYlJ.u
me, the undersigned, a Notary P lie in and
15 S ,personally appeared
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STATE OF CALIFORNIA
personally known to me (or proved
satisfactory evidence to be the
to me on the basis of
President, and
on
the
basis of
personally known to me (or proved
satisfactory evidence) to be the
of the corporation that executed
19 the within instrument, and known
to me to be the persons who
20 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 Dir tors.
WITNESS my d d 0 ic al
to
me
21
22
~. OFFICIAL SEAL
/ ,- -, ZAJD M. SWEISS
: NoIary PubIc-California
. 1.01 ANcaaiS COUNTY
.., ~'.'~_81
17,1995
23
(This area for official seal.)
24
25
26
27
28
W
Signature
HE/js[ParcelMap.Agr]
August 10, 1992
16
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