HomeMy WebLinkAbout1983-239
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1
RESOLUTION NO. 83-.2JS
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL 1'1AP
FOR SUBDIVISION TRACT NO. 11770 LOCATED AT THE NORTHERLY TERMINUS OF ACACIA
3 AVENUE AND WEST SIDE OF "E" STREET; ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREE~ENT FOR THE IMPROVE-
4 M~NTS INSAID SUBDIVISION.
5 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 the proDosed
Subdivis~on, Tract No. 11770, located at the northerly terminus of Acacia
Avenue and west side of "E" Street, together with the provisions for its de-
sign and improvements is consistent with the General Plan of the City of San
Bernardi no.
SECTION 2. The Mayor of the City of San Bernardino is authorized on
behalf of said City to execute an agreement with Webuild, Inc. for the imorove-
ments in said Subdivision Tract as are required by Title 18 of the San
Bernardino Municipal Code and the California Subdivision Map Act. Said
improvements are specifically described and shown on Drawing No. 6004 and 6301
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
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 agreement referenced in Section 2 hereof for the improvements with-
in said subdivision. The City Clerk shall certify the approval and acceptance
of the 1'1ayor and Common Counci 1 as set forth in thi s reso 1 ut i on.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
2 the Mayor and Common Council of the City of San Bernardi no at a recTUlar
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meeting thereof, held on the IStll day of
, 1983, by the
July
4 following vote to wit:
AYES:
Council Members
Castaneda, Reillv. Hernandez,
Marks. Quiel, Frazier, Strj.ckler
NAYS:
None
ABSENT:
None
.~~~~/ti?~~/
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The foregoing resolution is hereby approved this ,x') - day of
'.Tulv
, 1983.
Approved as to form:
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1
A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this dG- day of
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,
11 ' 1983,
a munkip' corporation,
hereinafter referred to as "City", and
by and between the CITY OF SAN BERNARDINO
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Webuild, Inc.
, 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 1177n
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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-
division Map Act of the State of California and Title 18 San Bernardino
t~unicipa1 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 performance by Subdivider
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 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 specifications on file as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary 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 Citv Engineer mav extend
the time for comoletion of the improvements hereunder. Anv such
extension mav be granted without notice to the Subdivider's suretv,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance of this agreement.
The City Engineer shall be the sole and final iudge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repai,'s and Reolacements
Subdivider shall replace, or have renlaced, or repair, or have
repaired, as the case may be, all pioes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
place cr have reclaced, repair, or have reoaired, as the case may be,
or oay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed bv reason of any work done
hereunder, whether such oropertv be owped bv the United States or
any agency thereof, or the State of Ca 1 iforni a, or any agencl/ or
political subdivision thereof, or bv the City or by any public or
private corporation, or by any person whomsoever, or bv any combina-
tion of such owners. Any such renair or reolacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utilitv Deoosits - 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 man,
a written statement signed bv Subdivider, and each nub1ic uti1itv
corporiltic'n involved, to the effect that Subdivider has made all
deposits legally required by such public uti1itv cornoration for
the connection of any and all public utilities to be supplied bv
such pub1 ic util ity cornorc:;ticn within the Subdivision.
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Permits:
Comp 1 i ance \~ith Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reouired by
law. Subdivider shall comp1v with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence bv Subdivider
Subdivider shall give oersona1 superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection bv Citv
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all Darts r,f the
work, and to the shons wherein the work is in prenaration.
10. Contract Security
Concurrent1v with the execution hereof, Subdivider shan furnish
to City imnrovement securitv as follows:
(1) ,'n amount EGUill tc at least one hundred percent of the total
estimated cost of the imnrovement and acts to be nerformed as
sec.,ritv 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 Derf(;rrr~d CS
security for the guarantee and warrantv 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 bv the securitv 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 bv 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 anproval of
the Citv Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, ritrrrless
from any liability for damage or clai"lS foy' damage for personal injury,
inc'juding death, as l-Iell as from claims for protJertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
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 cCTees to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to ha'!e l'eer caused, bv reason of anv oT the afcresaid
operati0ns, provided as follows:
a. That Citv does not, and shall not, waive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance bv City, or the
deposit with Citv by Subdivider, or 1'.nl' cf the insurance oolicie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apoly 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 paragraoh,
regardless of whet:c,=r (;1' r:ot Citv has orenared, suPnlied or
anproved of, nlans and/or soecifications for the subdivision,
or regardless of whether or n"t such insurance pol-icies 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 hav,c obtained all insurance required under this oaragranh and
such insurance shall have been aooroved bv Citv Attornev as to form,
amount and carrier, nor shall subdivider allow anv contractor or Sub-
contractor to commence \':crk cn his contract or subcontract until all
similar insurance required of the contractor or subcontractor sh~ll
have been so obtained and aoproved. Il,ll reoui:-eJl'ents herein nrovided
shall aocear either in the body of the insurance colicies or as endorse-
ments and shall specificallv bind the insurance carrier.
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a. Comoensation Insurance
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Subdivider shall maintain, during the life of this agreement,
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Workmen's Compensation Insurance for all Subclivic'er's emoloyees
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employed at the site of improvement, and in case anv 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 class of emoloyees engaged in work under this agreement at
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the site of the project is not protected under any Workmen's
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C~mpr:nS(.ticn Law, Subdivider shall rrcvide 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 anv cOntractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Property Damaqe Insurance
Subdivider shall take out and maintain during the life of this
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agreement such Dublic liability and nrooertv damage insurance
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as shall insure City, its elective and anoointive boards, commis-
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sions, officers, agents and emplovees, Subdivider "cd anv contrac
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tor or subcontractor performing work covered by this agreement
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from claims for damages for nersonal iniurv, including death,
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as well as from claims for nror,erty damaoe which mav arise from
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Subt'ivider's 01' Gny contractor's or subcontractor's operations
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hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anvone directlv or indirectly
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emploved bv either Subdivi der or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~~s:
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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 oerson and, subjf'ct to the same limit for each
person, in an amount not less than $300,000.00
on account of any one occurrence;
(2) Property Damaoe Insurance
In an amount not less than $ 50,000.00 for
damage to the prOnerty of each nerson on account of any
one occurrence.
Ir 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-
granh, such policy shall contain a standard form of cross-
1i"bility endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor c.r 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 remlired, and
evidence that each carrier is required to give City at least ten
days orior notice of the cancellation or reduction in coverage of
any policy during the effective Deriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all imnrovements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such imnrovements by City.
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15. Repair or Reconstruction of Defective Work
If, within a period of one vear after final acceptance of the
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work performed under this agreement, any structure or nart of any
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structure furnishec and/or instal:ed or constructed, or caused
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to be installed or constructed by Subdivider, or any of the work
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done under this agreement, fails to fulfill any of the reauirements
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of this agreement or the specifications referred to herein, Sub-
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divider shall without delay and without any cost to City, renair
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or replace or reconstruct any defective or otherwise unsi\t;sfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promntly or in accordance with this requirement, or
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should the exigencies of the Subdivid(;r can re r.otified, City may at
its cpticn, make the necessarv repairs or replacements or perform
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the necessarv work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
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16. Subdivider Not Agent of City
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Neither Subdivider nor anv of Subdivider's agents or contractors
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are or shall be considered to be i'0f'r:ts of City in connection with
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the performance of Subdivider's obligations under this agreement.
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17. Cost pf Engineering and Inspection
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Subdivider shall pay to City the costs of all permit fees for all
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engi neering inspections and other serv~ CI2S ccnnected with the City
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in regard to the subdivision. Said fees shall be paid prior to
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commencing any construction.
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18. Notice of Breach an~ Default
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If Subdivider refuses or fails to obtain nrosecution of the work,
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or any severable part thereof, with such diliqence as will insure
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its completion within the time specified, or any extensions thr:ro":.
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 assi(ln llent for the benefit of Subdivider's
creditors, or if a receiver should be aopointed in the event of
SubdivieEr's insolvency, or if Suhiil'icer, 01' any of Subdivider's
contractors, subcontractors, agents or emplovees, shoul d violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
surety of breach of this agreement, or of anv pcrticn thereof,
and default of Subdivider.
19 Breach of Agreement: Perfonnance b" Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov'=r ane cCIT:plete the \'Iork and the irwrovement
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 notice of its intention to take over
the performance of the contract, and does not commence perforITIcnce
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 any excess cost or damages
occasioned City thereby; and, in such event, City, vlithout 1 iabi-
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.
20. Notices
All notices herein renuired 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 Citv shall be addressed as follows:
City Administrator, City Hall, 300 North "[)" Street, San Bernardino,
California 92418.
Notices recuired to be given to Subdivider shall be addressed as follows:
Webuild, Inc. a California Corporation
1411 N. "D" Street San Bernardino. Ca 92405
Notices required to be given surety of Subdivider shall be addressed as
foll ows:
Empire Bank
8505 Haren Ave. P.O. Box 1059
Rancho Cucamonaa, Ca 91730
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 address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
ATTEST:
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SUB[)IVIDER
T-'-~ _ 'I';'" 'J
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Annrovec as to form:
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By:
~~+-~~/7
City ttornev
By:
I0ISTRUr:TI0NS
If the Subdivider is a corpcration, the agreement must be executerl in
he corporate name and signed by the President or a '.'ice-President er.d the
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STATE OF CALIFORNIA
} SS.
San Bernardino
COUNTY OF
July 5th,
1983
Ray
R. Dale Ellis
before Illf', the undersigned. a Notary Public in and for said
G. Staff
On
State. personally appeared
known to me to be the __ President. and
known to me to be Secretary of the corporation that executed the within Instrument.
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 within instrument pursuant
to its by-laws or a resolution of its board of director
Signature.
(
(OFFICIAL SEAL)
Sandra J. DePeel
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Commission Expires April 30. 1986
Form 3216
Corporation
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Secretarv or ~ssistant Secretarv, 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
Subdivider.
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Haninger, White & Newland Ins
P. O. Box 2787
San Bernardino, CA 92406
\[){)RfS' (Jf iNSiJHE[l
We Build Inc.
1411 l'brth "D" Street
San Bernardino, CA 92405
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~r'i'y thi t policies of inswance listed below have been issued t
'trilct or Jther document with respe:t to which this certificate
::'u'iiJns .md conditions at suer poliCies
.--------:-
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GENERAL LIABILITY
A
[] CUM 'f,; I,F ,,:'1','[ I Ui-l\1
~f-'WI1i( (',,',[1(II::i'"
1-] I \1'1_ ,\~,:1 e'JL. d "r
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i=J U~l;YC;I<U:JN[) HA1A;;I)
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Pending
Ili' rt,'''d NS:Jf-iM<i1
~H"'~)\D rl1:)",,-'T-,
~"jI)>r)F"'I:'!r\1 (;Nlf-,,~ lOW
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AUTOMOBilE LIABILITY
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10l ~,O', CW,r.f r
Pend.
EXCESS LIABILITY
:~] :JMlf-/[, LA IOHM
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LJ CJTHFI'"A"JIJMflRUlf.
FOP""
WORKERS' COMPENSATION
and
B EMPlOYERS'L1ABILITY i Pending
___ _________ -4
OTHER I
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DlSCf,IP1IC'N Of OPERA110NSiLOCATIONSNEHICl ES
AFFORDING COVI ~AGES
InsU['ance OJrnpany of l'brth America
Fainmnt Insurance Company
orce at this time Notwit:' ,star ::ling any requirement, term or condition
sura lce affordEd by the poli6~s described herein is subject to all the
(y
r, ,If
__~l~Jh~! Liability in Thousands (000)
l,\CH
nCC:liPREr->CI
13\1LJ'LY 1,llik' 100
7/5/84
; Fi(l"~ h'I" '1MJI,.(;l 50
50
HOfl~L Y iN,I'!RY '\ND
-'ROi'f:f<l 'f DAM,\Gl
~'OM[~;~EU
;'1 f6CNAI IN!L,fh
HOOIL Y r",iLiFiY
'eACH PF[-<SUN,
,100
'300
50
BODILY I'~JURY
(EACH ACCIDENT)
,jROI-'IR1Y DAMM;r
'{QDltY IN~;UHY ,\NU
fl-iOPEl-ilY DAMf.C;r
COMR!MD
Hemll Y Ii'lJl,)RYil.ND
I-'ROPERlY r!AMAGf
COMRINU)
7/5/84
Job site between "E" Street and "F" Street l'brth of 37th Street
7!p
Cancellation:
Should any of the above desc;.r.ibed policies be G:lncc'led before the eXpiration date thereof. the issuing C0111-
pany Will ~~ days wntten notice to the beiow named certificate holder. but failure to
iT1JII such notlC\:' shall Impose no obligation or liability of Jny kind upon the company
I ~~M.1F 1,.>.jD,'l,I-:'IJmSS()-r~0-1;1-'FI
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i\l, HOI :11 FI
City of San Bernardino
Building & Safety fupartrrEnt
300 l'brth "D" Street
San Bernardino, CA 92401
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July 5, 1983