HomeMy WebLinkAbout1983-140
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RESOLUTION NO.
83-140
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING AGREEMENT
3 RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT NO. 10430,
LOCATED WEST OF STATE COLLEGE PARKWAY, NORTH OF COLLEGE AVENUE.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
5 SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed
7 Subdivision Tract No. 10430 located West of State COllege Parkway,
8 North of College Avenue together with the provisions for its
9 design and improvements is consistent with the General Plan of the
10 City of San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino is
12 authorized on behalf of said City to execute an agreement with the
13 William Lyon Company and release the existing agreement with
14 McCarthy Company of Southern California for the improvements in
15 said Subdivision Tract as are required by Title 18, Municipal Code
16 of City and the California Subdivision Map Act. A copy of the
17 agreement is attached hereto as Exhibit 1 and incorporated herein
18 by reference. Said improvements are specifically described and
19 shown on Drawing No. 5724 and 5547 approved and on file in the
20 Office of the City Engineer of the City of San Bernardino.
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SECTION 3. The subdivider shall first execute the agreement
22 referenced in Section 2 hereof for the improvements within said
23 subdivision. The City Clerk shall certify the approval and
24 acceptance of the Mayor and Common Council as set forth in this
25 resolution.
26 I HEREBY CERTIFY that the foregoing resolution was duly
27 adopted by the Mayor and Common Council of the City of San
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Bernardino at an adjourned regular
meeting thereof, held
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Ion the
23rd
2 vote, to wit:
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AYES:
NAYS:
ABSENT:
day of
Nay
, 1983, by the following
Council Members
castaneda, Reilly, Hernandez,
Narks, Quiel, Hobbs, Strickler
None
None
of
Nay
, 1983.
Approved as to form:
c~n~~
~$/Z'4,.~
/ City Clerk
The foregoing resolution is
d?"/7t day
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Ai.!H.I!H.!!1
(subdivision improvements)
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THIS AGREEMENT is made and entered into this 021V~ day of
-I1AhAA , 198.J, by and between the CITY OF SAN BERNARDINO
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a municipaD corporation, hereinafter referred to as "City", and
The William Lyon Company , hereinafter referred to as
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"Subdivider".
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9 RIfllAhi:
10 Subdivider has presented to City for approval a final sub-
11 division map (hereinafter called "map") entitled" TRACT 10430
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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
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 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 .\ 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 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
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 Engineer ma," extend
the time for completion of the improvements hereunder. Any such
extension m~y 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 oerformance 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 exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or renair, 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-
pla(e or have replaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed by 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 agencl' or
political subdivision thereof, or by the City or by any public or
private corporation, or by anv person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the CitY Engineer.
6. Utility Deoosits - Statement
Subdivider shall file with the Citv Clerk, prior to the commencement
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of any work to be performed within the area delineated on the map,
a written statement signed by Subdivider, and each public utilitv
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 by
such public utility corporation within the Subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessarv notices and pav all fees and taxes reouired bY
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal 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 by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all parts of the
work, and to the shops wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security as follows:
(1) An amount equal to at least one hundred percent of the total
estimated cost of the improvement and acts to be performed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent 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 mater-
ials in connection with this agreement; and
(3) An amount equal to at least twenty-five percent of the total
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est~mated cost of the improvements and acts to be performed 2S
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security for the guarantee and warranty of the work for a period of
one (1) year following the completion and acceotance thereof against
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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 ~unicipal Code; and
the type shall be at the option of and subject to the apnroval of
the City 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, rarwless
from any liability for damage or claims foy' damage for personal injury,
including death, as Nell as from claims for property damage which may 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 arrees to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for damages caused,
or alleged to hage beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Cit.v does not, and shall not, waive any rights against
Subdivider which it may have by reason of the aforesaid hold
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harmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or any 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 whether Or' not Citv has orepared, supplied or
approved of, plans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies 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~ obtained all insurance required under this paragraph 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 wcrk cn his 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, durinq the life of this agreement,
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Workmen's Compensation Insurance for all Subdivider's emoloyees
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employed at the site of improvement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emoloyees, unless such emoloyees
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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
Compens~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 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 property 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 and any contrac
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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 may arise from
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Subdi vider' SOY' any contractor's or subcontractor's operati ons
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hereunder, whether such operatioPs be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
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and the amounts of such insurance shall be as follows:
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(1)
Public Liabilitv Insurance
In an amount not 1 ess than $ 100,000
for
(2)
injuries, including, but not li~ited to, death, to any
one person and, subject to the same limit for each
person, in an amount not less than $ 300,000
on account of anv one occurrence;
Property Damage Insurance
In an amount not less than $
50,000
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, oerson,
board or commi ss i on other than those menti oned in this para-
graph, such policy shall contain a standard form of cross-
1iability 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 bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish Citv concurrently with the execution
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 Deriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
work performed under thi s agreement, anv structure or nart of anv
structure furnishec and/or instal1ed or constructed, or caused
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to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without del~y and without any cost to City, repair
or replace or reconstruct anv defective or otherwise unsat;sfact-
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
should the exigencies of the Subdivid~r car. he notified, City may a
its option, make the necessarv 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
are or shall be considered to be agents of Citv in connection with
the performance of Subdivider's obligations under this agreement.
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 ces connected wi th the City
in regard to the subdivision. Said fees shall be paid prior to
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commencing any construction.
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 the time specified, or anv 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 'Ilent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
S~bdivid€r's insolvency, or if Suh~ividEr, 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 upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any portion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance hI' Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVf~r anc comrlete the work and the improvement
herein specified; provided, hO~Jever, that if the surety, within
five days after the serving upon if of such notice of breach,
does not gi ve City written noti ce of its i ntenti on to take over
the performance of the contract, and does not commence performance
thereof within five days after notice to City of such election,
City may take over the work and orosecute the same to completion,
by contract or by any other method City mav deem advisable, for
the account and c.t 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 by registered mail, postage prepaid.
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STATE OF CALIFORNIA,
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COUNTY OF
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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 92418.
Notices reauired to be given to Subdivider shall be addressed as follows:
The William Lyon Company, 9613 Arrow Highway, Suite K,
Ranch9 Cucamonga, CA 91730
Notices required to be given surety of Subdivider shall be addressed as
follows:
Frank B. Hall & Co., 695 Town Center Dr., #500,
Costa Mesa, Ca. 92626
Provided t~at 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 vear first above written.
ATTEST:
~/b?/#/A~Ah
City Clerk
SUBNA11D~R J) /.J.~ M
2iI t()~ o[~ffl-tY4-.y
San Bernardino
f ss.
OFFICIAL SEAL
JUDITH A SPICZKA
NOTARY PUBLIC - C,II,UFORNIA
ORANGE COUNTY
My comm. expires JUl 11, 1986
ON May 3 , 19~
before me, the undersig~ed, a Notary Public in and for the said State, personally appeared
Gary Mechl~ng known to me to be the
Vice President, and Joyce E. Clendenln known to me
to be the Asst. Secretary of The William Lyon' Company
the Corporation that executed the within Instrument, known to me to be the persons who
executed the within Instrument, on behalf of the Corporation herein named, and acknowledged
to me that such Corporation executed the within Instrument pursuant to its by-laws or a
resolution of its board of directors.
WITNESS my hand and official seal.
ACKHOWlEDGMENT-COTJI.-Pres. & Sec.-Wolcott' form 226-Rev. 3-64
~~-" 1"-<. /:) Id~" ~ ./
I No ary Public in and for said ate.
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Notices required to be given to Citv shall be addressed as follows:
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City Administrator, City Hall, 300 North "D" Street, San Bernardino,
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California 92418.
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Notices required to be given to Subdivider shall be addressed as follows:
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The William Lyon Company, 9613 Arrow Highway, Suite K,
Ranch9 Cucamonga, CA 91730
Notices required to be given surety of Subdivider shall be addressed as
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follows:
Frank B. Hall & Co. , 695 Town Center Dr., #500,
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Costa Mesa, Ca. 92626
Provided t~at a~y 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 first above written.
ATTEST:
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b///;?//f:;;};/,b
tity Clerk
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Anproved as to form:
By:
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~~, ?/~.~
City torney
By:
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2S
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INSTRUt:TIONS
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If the Subdivider is a corporation, the agreement must be executed in
the corporate name and signed by the President or a Vice-President and the
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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
SubdiYider is an indiyidual 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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~fll nn MP'H'~ ~! ~:'mmiJ
FRANK B. HALL & CO. OF CALIFORNIA
ORANGri COUNTY DiVISION
695 TOWN CENTER DRIVE . SUITE 500
P.O. BOX 8050
COSTA MESA, CA 92626
{7141 641-8355
#60 REVISED
GREA'r A1!IERICI\~N
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FIREro1AN'S FUND Il\ISURANCC m.
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THE WILLIA'1 LYON CO,LDANY
19 mR.DORATE PLAZA
NEvlPORT BEACH, CA 92660
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PERSONAL INJUHY ,
Effective RODIL Y INJURY
{lACH PERSON:
08/01/83 BODILY INJURY
Expires (EACH ACCIDENT)
07/01/84 PROPERTY DAMAG[
BODll Y INJURY AND
PROPERTY DAMAGE $ 500,
COMBINED
BODIL Y INJURY AND
PROPERTY DAMAGE
COMBINED
AUTOMOBILE LIABILITY
~ COMPR[H[ r'iSI'"T For-lM
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BA6084639
EXCESS LIABILITY
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WORKERS' COMPENSATION KWP2694728
and
EMPLOYERS' LIABILITY
OTHER
Effective
07/01/83
07/01/84
,r ,\(:'; .4(_,-'D,,~T
DESCRIPTION OF OPERATIONS/lOCATIONSNEHIClES
TRACT #10430 & #10432, CALIFORNIA CIASSICS
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com~
pany will ~mail .3.0....- days writte,n notice to th~ below named certificate holder. ~
NAME AND ADDRESS OF CERTIFICATE HOLDER
DATE Issum 9/1 fi/R~
CITY OF SAN BERNARDIN)
300 NORl'H "D" STREEI'
SAN BERNARDIN), CA 92418
J .W. ~.Mf~W:v'xrROS