HomeMy WebLinkAbout1983-146
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RESOLUTION NO. 83-:1.46
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL
MAP FOR SUBDIVISION TRACT NO. 10644 LOCATED WEST OF STATE COLLEGE
PARKWAY, NORTH OF EXTENSION OF COLLEGE AVENUE AND NORTHEAST OF THE
INTERSTATE 215 FREEWAY; ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR
THE IMPROVEMENTS IN SAID SUBDIVISION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF I
SAN BERNARDINO AS FOLLOWS: I
SECTION 1. The Mayor and Common Council find that proposed
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Subdivision Tract No. 10644 located West of State COllege Parkway,
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North of extension of College Avenue and Northeast of the
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Interstate 215 Freeway, together with the provisions for its
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design and improvements, is consistent with the General Plan of
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the City of San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino is
14 authorized on behalf of said City to execute an agreement with
15 Citation Homes for the improvements in said Subdivision Tract as
16 are required by Title 18 of the City Municipal Code and the
17 California Subdivision Map Act. A copy of this agreement is
18 attached hereto as Exhibit 1 and incorporated herein by reference.
19 Said improvements are specifically described and shown on Drawing
20 No. 6028 and 6029, approved and on file in the office of the City
21 Engineer of the City of San Bernardino.
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SECTION 3. The Final Map of said Subdivision Tract is hereby
23 approved and the City of San Bernardino hereby accepts as public
24 property all dedications and offers of dedications within the
25 subdivision as shown on said Final Map for streets, alleys,
26 including access rights, drainage and other public easements. As
27 a condition precedent to approval of the Final Map, the subdivider
28 shall first execute the agreement referenced in Section 2 hereof
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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 n adjourned regular
meeting thereof, held
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on the 23rd day of
vote, to wit:
May
, 1983, by the following
AYES:
Council Members
Castaneda, Reilly, Hernandez,
Marks, Quiel, Hobbs, Strickler
NAYS:
None
ABSENT:
None
~//J?r?/ L:Zb1h
/ City Clerk
The foregoing resolution is hereby approved t .
of
, 1983.
May
Approved as to form:
~ ~I,~j?
City A torney
day
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A.ti.!H.IMI!!T
(subdivision improvements)
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I THIS AGREEMENT is made and entered into this ~~ day of
I ~ ' 1983, by and between the CITY OF SAN BERNARDINO
: a municipal corporation, hereinafter referred to as "City", and
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"Citation Homes"
, hereinafter referred to as
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, "Subdivider".
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9 RI~lTAhi:
10 Subdivider has presented to City for approval a final sub-
11 division map (hereinafter called "map") entitled "10644
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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,
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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
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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 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 d 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
speci fi ed, or with any changes requi red or ordered by sai d
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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24 months
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work to be within
from the date hereof.
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 may extend
the time for completion of the improvements hereunder. Any such
extension m~v be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liability
on the bond to secure the faithful performance of this agreement.
The Citv 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.
Repairs and Replacements
Subdivider shall replace, or have replaced, or renair, or have
repaired, as the case may be, all nipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pla~e cr 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 bv reason of any work done
hereunder, whether such propertv be owned bv the United States or
any agency thereof, or the State of Ca 1 iforni a, or any agenc\! or
political subdivision thereof, or bv the City or by any public or
private corporation, or by anv person whomsoever, or bv 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.
Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
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6.
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of any work to be performed within the area delineated on the map,
a written statement signed bv Subdivider, and each public utilit.v
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 utili~v corporation within the Subdivision.
7. Permits: Compliance with 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 reauired by
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superi n tendence by Subdivi der
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the Ci~y 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 Ci~y improvement security as follows:
(1) ./In amount E.qual to a.t 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 fiftv percent of the total estimated
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cost of the improvements and acts to be performed as securitv for
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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 oS
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.
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As a part of the obligation guaranteed by the security and in add-
ition to the face amount of the securitv, there shall be included
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costs and reasonable expenses and fees, including reasonable
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attorneys' fees incurred by Citv in successfully enforcing the
obligation secured. The type of securitv furnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
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18 San Bernardino ~unici~al Code; and
the type shall be at the option of and subject to the apnroval of
the Citv Engineer and the City Attorney.
1. Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
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appointive boards, commissions, officers, agents and employees, rarwless
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from any liability for damage or claims foy' damage for personal injury,
including death, as well as from claims for property damage which mav arise
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from Subdivider's or Subdivider's contractors', subcontractors', agents'
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or emplpvees' operations under this agreement, whether such operations
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be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectlv 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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appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equity for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That City does not, and shall not,- waive 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 City by Subdivider, or ~_ny of 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 any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not Citv has prepared, supplied or
approved of, plans and/or specifications for the subdivision,
or regardless of whether or not such insuran~e 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 havlZ obtained all insurance required under this paragraph and
such insurance shall have been approved ~y Citv Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence wcrk en 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, during the life of this agreement,
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Workmen I S Compensa ti on I nsurance for all S ubdi vi cer' s erne 1 oyees
employed at the site of imerovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comeensation Insurance for all
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contractor's or subcontractor's employees, unless such emelovees
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are covered by the protection afforded by Subdivider. In case
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any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
Ccmpp.nsvtion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise Drotected. Subdivider
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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 appointive boards. commis-
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,
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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 operati oros be by Subdi vi der or any
contractor or subcontractor, or bv anyone directly or indirectly
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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 ~ess than $ 100,000 for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 300,000
on account of anv one occurrence;
(2) 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 commission other than those mentioned in this para-
graph, such policv 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 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 poli~y during the effective ryeriod 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 Citv.
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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 Dart of anv
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structure furni shed and/or insta 11 ed or cons tructed, or caused
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to be installed or constructed by 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 delaY and without any cost to City, repair
or replace or reconstruct anv defective or otherwise unsat;sfact-
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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. te notified, Citv 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
are or shall be considered to be o~ents of City 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 with the City
in regard to the subdivision. Said fees shall be paid prior to
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 any extensions thero~,
or fails to obtain completion of said work within such time, or if
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the Subdi vi del' shoul d be adjudged a bankrupt, or Subdivi del'
should make a general assign'l1ent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdivider's insolvency, 01' if S\lh~il'icer, 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 thi s ag reemen t, or of any pr.rt i on 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 over ane comrlete the work and the improvement
herein srecified; 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 performance
thereof 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-
li~y for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property be 1 on9ing to Subdivi del' as may be on the site of the
work and necessary therefor.
Noti ces
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid,
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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 "D" 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:
5 Citation Homes, 17731 Irvine Blvd. #201, Tustin, California 92680
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Notices required to be given surety of Subdivider shall be addressed as
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foll ows:
The f\nerican Insurance Co., 391 Taylor Blvd.
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Pleasant Hill. Cal ifol'nia 94523
Provided tlJat any party or the surety may change such address bv notice in
writing to the other party and thereafter notices shall be addressed and
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transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and year first above written.
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ATTEST:
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h??d/,aAb
ctty Clerk
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SUBDIVIOER.
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Approved as to form:
~e~~
Citation Homes, a partnership
~~
F.G. Lln ona.. Jr.
Development Manager
By:
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By:
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Citation Builders, a partnership
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INSTRUCTIONS
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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 Assistant 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 persons 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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PO Box 485
San Leandro,
& c:onu\f\ Y
CA . 9 4 5 77
/~Employers
Insurance of Wausau
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CITATION BUILDERS
PO Box 2359
San Leandro, CA. 94577
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PROPERTY DAMAGE
COM[lINEO
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PFRSONAL iNJLlRY
A 'IX] COMPREIIENSIVE FORM
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BODILY INJURY
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AUTOMOBILE LIABILITY
BODILY INJURY
(EACH PFRSON)
PROPERTY DAMAGE
SODIL Y INJURY AND
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COMBINED
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EXCESS LIABILITY
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DESCRIPTION OF OPERATtONS/LOCATIONSNEHICLES
-r'Z. /0649-
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com.
pany will endeavor to mail ~ days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
JOHN BROOKS, JR.. rR~S.
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NAME AND ADDRESS OF CERTIFICATE HOLDER
DATE ISSUED:
City of San Bernadino
TO 1946 CA (8-74)
STATEOFCA~OfNIA } SS, ~
COUNTYOF~-a.~
, IS~Of ~r'~/ ,19 1"'3 ,before' .~/Z -",/
t . "- , lary Public in and for said county and slale, personally ap6eare~ ~7 G
~ ,perso II own to me (or proved to me on the basis of satisfactory
:: ev' ence) to be"tl L, ~R.
~ a partnership that executed th within instrume t on
w ~ half of said partnership. Said partnershiP being known to me
~ ~~~pel~:~ e~e~~I~:~~:::i~i~:~~~~~~~~~:;~~~~~~~:~
.
to me that such partnership executed the same as such
partner and that such partnership executed the same.
~
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OFFICIAL SEAL
SHIRLEY ANN CRAVEN
NOTARY PUBLIC" CAlIFOR.NIA
ORANGE COUNlY
My comm. .,pl," IAN 24, 1985 :
, ~'f-_____ 'v~~
(This area lor official notarial seal)
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