HomeMy WebLinkAbout1983-311
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR I
SUBDIVISION TRACT NO. 11865, LOCATED NORTH OF RANDALL AVENUE, BETWEEN EUCALYP-
TUS AND PEPPER AVENUES; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE I
IMPROVEMENTS IN SAID SUBDIVISION.
RESOLUTION NO. 83-311
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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 Sub-
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division Tract No. 11865, located North of Randall Avenue, Between Eucalyptus
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and Pepper Avenues, together with the provisions for its design and improve-
ments, 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 an agreement with Interamerican Builders
Partnership, a California General Partnership, for the improvements in said
subdivision tract as are required by Title 18 of the City Municipal Code and
the California Subdivision Map Act. Said improvements are specifically
described and shown on Drawing No. 6197 and 6200 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. As a condition precedent to approval of the final map, the sub-
divider shall first execute the agreement referenced in Section 2 hereof for
the improvements within said subdivision. The City Clerk shall certify the
approval and acceptance of the Mayor and Common Council as set forth in this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a reqular
meeting thereof, held on the 19th day of
September
, 1983, by the
following vote, to-wit:
AYES: Council ~1embers . Castaneda, Reill v, Hernandez,
M~rkR Quiel. Frazier, Strickler
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NAYS:
ABSENT:
None
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None
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~~1t~~
The foregoing resolution is hereby approved this ~/Jd day of
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Seotember
, 1983.
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Approved as to form:
&t;~#/~:;;
Ci ty A orney
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT
(' ,. /
" ,a/i~
_,~~ _Of" ~ i
is made and entered into this ~~/x day of
1983, by and between the CITY OF SAN BERNARDINO
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a 'municipal corporation, hereinafter referred to as "City", and
Interffinerican Builders Partnership ,hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
Tract 11865
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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.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
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division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
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NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
II offered, and in order to insure sati sfactory performance by Subdi vi der
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Ordinance, the parties agree as follows:
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1. Performance of Work
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Subdivider will do and perform, or cause to be done and
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performed, at Subdivider's own expense, in ,} good and
workmanlike manner, and furnish all required materials,
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all to the satisfaction of the City Enginee'~ of City
the work and improvements within (and/or wi":hout) the
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subdivision to complete the improvements in accordance
with the plans and specifications on file as hereinbefore
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specified, or with any changes required or ordered by said
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Engineer, which in his opinion are necessa~1 or required
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to complete the work.
2. Work: Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the
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materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
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tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
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Engineer.
3. Work: Time for Commencement and Performance
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City hereby fixes the time for the completion of said
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of any work to be performed within the area delineated on the map.
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a written statement signed by Subdivider. and each public utility
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corporation involved. to the effect that Subdivider has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied by
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such public utility cornorntion within the Subdivision.
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Permits:
Compliance with Law
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Subdivider shall. at Subdivider's expense. obtain all necessary
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permits and licenses for the construction of such improvements.
give all necessary notices and pay all fees and taxes reauired ~y
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law. Subdivider shall comely with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
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Subdivider shall give personal superintendence to the work on
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said improvement. or have a competent foreman or Superintendent.
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satisfactory to the City Engineer on the work at all times during
progress. with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection by City. to all parts of the
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work. and to the shons wherein the work is in preparation.
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10. Contract Security
Concurrently with the execution hereof. Subdivider shal1 furnish
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to City imrrovement security as follows:
(1) An amount equal to at least one hundred percent of the total
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estimated cost of the imnrovement and acts to be performed as
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security for the faithful performance of this agreement;
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(2) An amount equal to at least fiftv percent of the total estimated
cost of the improvements and acts to be nerformed as securitv for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount equal to at least twentv-five percent of the total
est~mated cost of the improvements and acts to be nerformed 2S
security for the guarantee and warrantv of the work for a period of
one (1) year following the completion and acceotance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed bv the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' 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 ~unicinal Code; and
the type shall be at the option of and subject to the aporoval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, rarwless
from any 1 iabil ity for damage or cl air;ls foy' damage for personal injurv,
including death, as "Iell as from claims for prolJertv damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider a~rees to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in equity for damages caused,
or alleged to have bee~ caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, ~Iaive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with Citv by Subdivider, or (lny of the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whethGr OJ'' not Citv has nrepared, supplied or
approved of, olans and/or specifications for the subdivision,
or regardless of whether or not such insurance po11cies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav10 obtained all insurance required under this oaragraoh and
such insurance shall have been approved by Citv Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence \'lcrk en hi s contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reQuirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdiv;cer's emoloyees
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employed at the site of imDrovement, and in case any work is
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sublet, Subdivider shall require any contractor or subcontractor
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similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emolovees, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any cl ass of employees engaged in work under thi s agreement at
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the site of the project is not protected under any Workmen's
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Ccmpr:nsction Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise nrotected. Subdivider
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shall indemnify Citv for any damage resulting to it from failure
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of either Subdivider or any cOntractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and propertv damage insurance
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as shall insure City, its elective and apoointive boards, commis-
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sions, officers, agents and employees, Subdivider ar.d any contrac
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tor or subcontractor performing work covered by this agreement
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from claims for damages for personal iniurv, including death,
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as well as from claims for pronerty damage which mav arise from
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Subl1ivider's or' any contractor's or subcontractor's operations
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hereunder, whether such operatiors be by Subdivider or any
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contractor or subcontractor, or bv anvone directly or indirectlv
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employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
In an amount not ~€ss than $ 100,000.00 for
injuries, including, but not limited to, death, to any
one person and, subject to the same limit for each
person, in an amount not less than $ 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the pronerty of each nerson on account of any
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcontractor
performing work covered by this a9reement.
13. Evidence of Insurance
Subdivider shall furni sh City concurrently with the executi on
hereof, with satisfactory evidence of the insurance required, and
evidence that each carrier is required to give Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective lJeriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in Ci~y, upon completion and
acceptance of such improvements by Ci tv.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
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work performed under thi s agreement, anv structure or nart of anv
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strllcture furnishec: e.nd/or installed or constructed, or caused
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to be installed or constructed by Subdivider, or anv of the work
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done under this agreement, fails to fulfill any of the reauirements
of this agreement or the specifications referred to herein, Sub-
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divider shall without delay and without any cost to City, repair
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or replace or reconstruct any defective or otherwise unsat~sfact-
ory 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 Subdivid(,r car. ~e ratified, City may a
its option, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
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are or shall be considered to be i:~1Pnts of Citv in connection with
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the performance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engineering inspections and ot!:er services connected with the City
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in regard to the subdivision. Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and De~ault
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such diligence as will insure
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its completion within the time specified, or any extensions thero~,
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrurt, or Subdivider
should make a general assiqn '!lent for the benefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Sllbdivic:u's insolvency, or if Sll[r~1Vice:r, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve written notice uran Subdivider and Subdivider's
surety of breach of this agreement, or of any portion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance hv Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take ovr.:r anc ccrr:nlete the work and the improvement
herein specified; provided, hO\-lever, that if the surety, within
five days after the serving upon if 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 perform~nce
tr.ereof 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 Citv for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
Notices
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
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STATE OF CALIFORNIA Orange
COUNTY OF
On September 6, 1983
said State. personally appeared Frank W.
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Notices required to be given to City shall be addressed as follows:
Citv Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
\'
Notices reauired to be given to Subdivider shall be addressed as follows:
23141 Verdugo Drive, #205, Laguna Hills, California 92653
Notices required to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance Company, 333 Wilshire, Anaheim, CA 92801
Provided that any party or the surety mav chanqe such address bv notice in
writinq to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and vear first above written.
ATTEST:
~/f$~
C"i ty Cl er
SUBDIVIDE/-,?
'""
S8
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. before me, the undersigned, a Notary Public in and for
~"'J'~
PARI'NEIGHIP f
rtnership,
slng, Inc:-;-
ration, General
Partner
an, President
an, Secretary
e executed in
Bauman
and
, personally known to me (or proved to me on the basis
of satisfactory evidence) to be the persons who executed the within instrument as
Inc. ,
the corporation therein named, and aCknowledged to :ne that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors. said corporation being
known to me to be one of the partners of
Interarrerican Builders Partnership
President and _
Secretary on behalf of _ North American Housing,
OFFICIAL SEAL
PATRICIA HELEN NOYES
1II01AI<V PUBLIC. CAliFORNIA
ORANGE COUNTY I
My oomm. expires OCT 28. 1983 I
N
,
the partnership that executed the within instrument, and ack-
nowledged to me that such corporation executed the same as
such partner and that such partnership executed the same
WITNESS my haljOfticlal 5e j~ ..
Signature - .6?r!'cia Hele;;' ~
dent (lnd the
(This area for official notarial seal)
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Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all oersons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subd i vi der.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reauired to be given to Subdivider shall be addressed as follows:
V 23141 Verdugo Drive, #205, Laguna Hills, California 92653
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
Developers Insurance Company, 333 Wilshire, Anaheim, CA 92801
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Provided that any party or the surety may change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year fi rst above written.
ATTEST:
~~
e'1ty Cler
Approved as to form:
Bv:
~~.f{
Citv torney
. .
By:
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RICAN BUIIDERS PARI'NEHSHIP f
a California general partnership,
By: North ArnerlCan Houslng, Jnc~-;-
a California Corporation, General
Partner
By: Frank W. Baunan, President
INSTRIlCTI0NS By: Frank W. Baunan, Secretary
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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 \lice-President ar,d the
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