HomeMy WebLinkAbout1983-238
RESOLUTION NO. 83-238
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR
2 SUBDIVISION TRACT NO. 10650 LOCATED APPROXIMATELY 2000 FEET WEST OF THE CENTER-
LINE OF STATE COLLEGE PARKWAY AND EAST OF DEVILS CREEK DIVERSION CHANNEL;
3 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENT IN SAID SUBDIVISION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
5 BERNARDINO AS FOllOWS;
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SECTION 1. The Mayor and Common Council find that the proposed
7 Subdivision, Tract No. 10650, located approximately 2000 feet west of the
8 centerline of State College Parkway and east of Devils Creek Diversion Channel,
10 the General Plan of the City of San Bernardino.
9 together with the provisions for its design and improvements is consistent with
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SECTION 2. The Mayor of the City of San Bernardino is authorized on
12 behalf of said City to execute an agreement with Kendall Associates, ltd. for
13 the improvements in said Subdivision Tract as are required by Title 18 of the
14 San Bernardino Municipal Code and the California Subdivision Map Act. Said
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improvements are specifically described and shown on Drawing No. 5739 and 5744
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 approv-
ed and the City of San Bernardino hereby accepts as public property all dedi-
cations 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
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 Ci ty of San Bernardi no at a re(fula~
meeting thereof, held on the l.8tl1dayof
,Jul.'" , 1983, by the following
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1 vote, to wit:
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Council Members
AYES:
Cast(1ne(~a 1 :reilly, Hernan6ez,
!\/f.arks 1 Quiel! Fraz ier 1 st:r:-ickle~'
None
NAYS:
ABSENT:
None
The foregoing resolution is hereby approved this
day of
Ju}.y
, 1983.
Approved as to form:
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City At orney
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A G R E E MEN T
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(subdivision improvements)
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TRIS AG,REEMENT is made and entered into this ~~ day of
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by and between the CITY OF SAN BERNARDINO
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hereinafter referred to as "City", and
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Kendall Z\ssociates, Ltd. ,hereinafter referred to as
"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT # 10650
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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,
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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")
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designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
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appurtenant to, or outside the limits of subdivision, which plans and
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specifications are now on file in the office of the City Engineer of
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City.
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Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
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enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory perf0n11anCe by Subdivi der
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in ,j good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi:hout) the
subdivision to complete the improvements in accordance
with the plans and specifications on file as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessa~1 or required
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
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of said
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work to be within 24 MONTHS
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City EnClineer mall extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the SubdiYider's surety,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful oerformance of this agreement.
The Citv Engineer shall be the sole and final judCle as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
place or have replaced, repair, or have repaired, as the case mav be,
or Day to the owner, the entire cost of replacement or repairs, of
any and all propertv damaged or destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or anv aClenc" or
political subdivision thereof, or by the City or by any public or
private corporation, or by any oerson whomsoever, or bv any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and SUbject to the anproval, of the City Engineer.
6. Util ity DeDosits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
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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 bv Subdivider, and each public utilitv
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corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
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such public utility corlJor1\ticn within the Subdivision.
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Permits:
Compliance '~ith Law
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Subdivider shall, at Subdivider's expense, obtain all necessarv
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permits and licenses for the construction of such improvements,
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give all necessary notices and pav all fees and taxes reQuired ~y
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law. Subdivider shall comply 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 bv City, to all parts of the
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work, and to the shoos wherein the work is in preoaration.
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10. Contract Security
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Concurrently with the execution hereof, Subdivider shall furnish
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to City imrrovement security as follows:
(1) .Iln amount Equal to o.t least one hundred percent of the total
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estimated cost of the improvement and acts to be performed as
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sec~rity 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 performed as securitv for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est'mated cost of the improvements and acts to be oerformed oS
securitv 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 securitv and in add-
ition to the face amount of the securitv, 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 approval of
the Citv Engineer and the Citv Attorney,
1. Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
apoointive boards, commissions, officers, agents and employees, rarwless
from any liability for damage or claims "for damage for personal injury,
including death, as "/ell as from claims for profJertv 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 beep caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, ~/aive anv 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 City by Subdivider, or ~ny cf the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether or not Citv has nrepared, supplied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insuran~e policies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,o obtained all insurance required under this oaragranh and
such insurance shall have been approved by Citv Attornev 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
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's employees
employed at the site of improvement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's emploveps, 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 Workmen's
Ccmpr:ns<tion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or anv cOntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and propertv damage insurance
as shall insure City, its elective and anpointive boards, commis-
sions, officers, agents and employees, Subdivider "rod anv contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniurv, including death,
as well as from claims for property damage which mav arise from
Subl'ivider's or' any contractor's or subcontractor's operations
hereunder, whether such operatior.s be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
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 Liability Insurance
In an amount not ~ESS than $ 100.000.'iO 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 anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the property of each person 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, person,
board or commission other than those mentioned in this para-
graph, such po1icv shall contain a standard form of cr0SS-
liclbility endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance required, and
evidence that each carrier is required to give City at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective Qeriod 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 City.
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15. Repair or Reconstruction of Defective vlork
If, within a period of one year after final acceptance of the
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work performed under this agreement, anv structure or nart of any
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strllct.we furnishec' and/or installed or constructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
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done under this agreement, fails to fulfill anv of the reouirements
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of this agreement or the specifications referred to herein, Sub-
divider shall without delav and without anI' cost to City, renair
or replace or reconstruct anI' defective or otherwise unsatcsfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promptly or in accordance with this requirement, or
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shoul d the exi genci es of the Subdi vi dc:r car. be Y'ctifi ed, Citv may a
its option, make the necessarv renairs or replacements or perform
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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 anv of Subdivider's agents or contractors
are or shall be considered to be 0~ents of Citv in connection with
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
engi neering inspections and other servi ce~. connected with the Citv
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in regard to the subdivision.
Said fees shall be paid prior to
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commencing any constructi on.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such diliqence as will insure
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 bankrupt, or Subdivider
should make a general assinn llent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Sllbdi\'ic:u's insolvency, or if Sut'(~lvicEr, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agl'eement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
surety of breach of this agreement, or of anv pGrtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance 11'1 Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVf=r arie: cownlete che \'lOrk and the improvement
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written noti ce of its intention to take over
the performance of the contract, and does not commence performance
t~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 anv 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 be I ongi ng to Subdivi del' as fllaV 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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Notices required to be given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92413.
Notices reauired to be 9iven to Subdivider shall be addressed as follows:
KENDALL ASSOCIATES, ltd.,
c/o PACER HOMES, INC., 801 N. PARKCENTER DRIVE, SUITE 235
SANTA ANA, CA 92705
Notices required to be given surety of Subdivider shall be addressed as
foll ows:
DEVELOPERS INSURANCE CO., P.O. SOX 3343
ANAHEIM, CA 92303
Provided that any party or the surety mav change such address bv notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new addi.ess.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and vear first above written.
ATTEST:
J~d///:i?/ LJiJ/,b
e'ity Clerk
Anproved as to form:
~~//deP
City At ornev
Ltd.
SUBDIVIrlER
Bv:
J.
By:
1NSTRUr:T1f)NS
If the Subdivider is a corpcration, the agreement must be executed in
the corporate name and signed by the President or a \lice-President ilr.d the
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STATE OF CALIFORNIA
COUNTY OF __
Orange
July 8, 1983
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;g Signature
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On_____
said State, personally appeared
J.
, before me, the undersigned,
Randolph
a Notary Public in and for
known to me to be the
President, and_
Poaq
XXXXX
known to me to be the
_~_ Pacer Homes,
the corporation that executed the within instrument and known
to me to be the persons who executed the within instrument on
behalf of said corporation, said corporation being known to me
XXXXX
Inc.
Secretary of
to be the general partner of_
Kendall Associates, Ltd.
OFFICIAL SEAL
Chrislina L. Churchill
NO-~A;;'Y puauc.Ct,U;O;\~~IA
PRINCIPAL OFriC: lilj
ORANGE COUNTf
My Commission Expires Jan. 22. 1985
the limited partnership that executed the within instrument, an
acknowledged to me that such partner and that such partnershi
executed the same.
.,
E
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Name (Typed or Printed)
(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 he 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
Subdivider.
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MJTII'~ li'/I H[ PPFSF~n AT!'.'!.
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City of San Bernardino
300 No. "D" Street
San Bernardino, Calif. 92418
Attn: Youn Kim, Engineering Dept.