HomeMy WebLinkAbout1986-036
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RESOLUTION NO.
86-36
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RESOLUTION OF THE CITY OF SAN BERNARGINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 12896, LOCATED AT THE NORTHEAST CORNER OF COLLEGE AVENUE
AND UNIVERSITY PARKWAY, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that proposed
Subdivision Tract No. 12896, located at the northeast corner of College
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Avenue and University Avenue, together with the provisions for its design
and improvements is consistent with the General Plan of the City of San
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Bernardino.
SECTION 2: The Mayor of the City of San Bernardino is authorized
on behalf of said City to execute the standard form of a9reement adopted by
Resolution No. 84-8 with Robertson Homes, a Division of Catwil Corporation,
for the improvements in said subdivision tract as are required by Title 18
of the San Bernardino Municipal Code and the California Subdivision Map Act.
16 The time for performance is specified at 24 months. Said improvements are
17 specifically described and shown on Drawing Nos. 5978, 6818, and 6821,
18 approved and on file in the Office of the City Engineer of the City of San
19 Bernardino.
20 SECTION 3: The Final Map of said subdivision tract is hereby
21 approved and the City of San Bernardino hereby accepts as public property all
22 dedications within the subdivision as shown on said Final Map for streets,
23 alleys (including access rights), drainage and other public easements. As a
24 condition precedent to approval of the Final Map, the Subdivider shall first
25 execute the agreement referenced in Section 2 hereof for the improvements
26 within said subdivision. The City Clerk shall certify the approval and
27 acceptance of the Mayor and Common Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a regular
meeting thereof, held on the 3rd day of
, 1986,
February
by the following vote, to-wit:
AYES:
Council t~embers Estrada, Reilly, Hernandez,
Frazier, Strickler
NAYS: None
ABSENT:
Council Members Marks, Quiel
~Wl.
/ ity C er
The foregoing resolution is hereby approved this ~~~ day of
Februarv
, 19B6.
Approved as to form:
~/h~
City Attorney
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A G R E E MEN T
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(subdivision improvements)
THIS AGREEMENT is made and entered into this /'~AC day of
/
~~/u,~j__ , 198&, by and between the CITY OF SAN BERNARDINO
a municipal orporation, hereinafter referred to as "City", and
Robertson Homes/a Division
of Catwil Corporation , hereinafter referred to as
"Subdivider".
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 #12896
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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.
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 .1 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
specifi 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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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 En9ineer may extend
,
the time for completion of the improvements hereunder. Any such
extension maY 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 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.
5. Repairs and Replacements
Subdivider shall replace, or have re~laced, or reDair, or have
repaired, as the case may be, all DiDes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
Dla~e rr rave renlaced, repair, or have repaired, as the case mav 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 oroperty be owned bv the United States or
any agency thereof, or the State of California, or any agencv or
political subdivision thereof, or by the City or by any pUblic or
private corporation, or by anv person whomsoever, or bv any combina-
tion of such owners. Any such re~air or reDlacement shall be to the
satisfaction, and suhject to the aDproval, of the Citv Engineer.
6. IJtilitv DeDosits - Statement
Subdivider shall file with the Citv Clerk, prior to the commencement
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IS
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of any work to be performed within the area delineated on the man,
a written statement signed by Subdivider, and each public utility
corporati0n involved, to the effect that Subdivider has made all
deoosits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied by
such public utility cornoration within the Subdivision.
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Compliance ,~ith Law
Permi ts:
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 re~uired bV
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Suoerintendence by Subdivi der
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactorv to the Citv Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by Citv
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection by City, to all Darts of the
work, and to the shons wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security as follows:
(1) 1'n amount El1ual tc. at least one hundred percent of the total
estimated cost of the imnrovement and acts to be performed as
sec~ri~v 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-
ia1s in connection with this agreement; and
(3) An amount enua1 to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be oerformed 2S
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 securitv. there shall be included
costs and reasonable expenses and fees. including reasonable
attorneys' fees incurred bv City in successfu11v 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
18 San Bernardino ~unicina1 Code; and
the type shall be at the option of and subject to the approval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall. hold Citv, its elective and
apoointive boards, commissions, officers, agents and employees, ~anr1p.ss
from any 1 iabil ity for damage or c1 air,lS foy' damage for personal injury,
incll1d ing death, as "Iell as from c1 a ims for prouertv damage whi ch may ari se
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such ooerations
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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appointive boards, commissions, officers, agents and emDloyees
from any suits or actions at law or in eouitv for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, 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 by City, or the
deposit with Citv by Subdivider, or ~n\' cf the insurance policie
described'in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and clairos for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraDh,
regardless of whether CoI" not Citv has prepared, 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 anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider,
shall havl~ obtained all insurance reQuired under this Daragranh and
such insurance shall have been approved bY City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence vlcrk en hi s contract or subcontract unti 1 a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reauirements herein provided
shall aDDear either in the body of the insurance policies or as endorse-'
ments and shall specificallY bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durin~ the life of this agreement,
Workmen's Compensation Insurance for all Subdivicer's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require anv contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emDloveps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under anv Workmen's
C0mpr,nsvtion 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 durin~ the life of this
agreement such public liability and orooerty damage insurance
as shall insure City, its elective and apoointive 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 rieatfJ,
as well as from claims for Drooerty dama~e which mav arise from
Subllivider'~. 01' any contractor's or subcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anvone directlv or indirectlv
emploved bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insuranc~
I n an amount not ~ E5S than $ 100,000.00 for
injuries, including, but not limited to, death, to any
one person and, subj~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 Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the property cf each person on account of anv
one occurrence.
Ir. the event that anv 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 policy shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcor.tractor
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 reauired, 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 ~eriod of this agreement.
14. Title to Improvements
Title to, and ownershin of, all imnrovements constructed hereunder
bv Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final acceptance of the
work oerformed under this agreement, anv structure or part of anv
struct,lre furni 5hec' e.ndjor ins ta 1 ~ ed or cons tructed, or caused
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 delay 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
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdiviili:r car. te notified, City may a
its cpticn, make the necessarv repairs or replacements or oerform
the necessary work and Subdivider shall Day 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 V1l'nt.s 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
engineering inspections and otber services ccnnected with the City
in regard to the subdivision. Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach anrl 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 bankru[lt, or Subdivider
should makc a general assinnl1cnt for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdi\'ider's insolvency, 01' if Sllb~i\'ic€:r, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agl'cement, City Engineer or Citv
Council may serve written notice U[lon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance hv Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov.;r anc cOIT'[llete ehe \10rk and the improvcr.1ent
herein srecified; 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 perfonnance of the contract, and does not commence perfonTii\nc(
thereof within five days after notice to Citv of such election,
City may take over the work and orosecute the same to completion,
by contract or by any other method City may deer.1 advisable, for
the account and at the expense of SlIbdi\'idEr, 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, apnliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessarv therefor.
20. Noti ces
All notices herein reouired shall be in writing, and delivered
in person or sent bY registered mail, postage prepaid.
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1 Notices required to be given to City shall be addressed as follows:
2 City Administrator, City Hall, 300 North "0" Street, San Bernardino,
3 Cal ifornia 92418.
4 Notices reouired to be given to Subdivider shall be addressed as follows:
Robertson Homes/a Division of Catwil Corporation
5 1003 Cooley Drive, Suite 102
Colton, CA 92324
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Notices required to be given surety of Subdivider shall be addressed as
Mr. Bill Bergon, Attorney-in-Fact
follows: Cut ting-Thompson Insurance A enc , Inc.
9 West March Lane
Stockton, CA 95207
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 year first above written.
ATTEST:
~//ll/J~~
~ity Clerk
Approved as to form:
X By:
t By:
City Attorney
IN STRIir:TIf)NS
By:
c~r ,.. 'E.'AADINO
~~U/~.
~4w~
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed b.v the President or a "ice-President ar,d the
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CORPORATE ACKNOWLEDGMENT
State of
County of
,
e
7'120 122
r""liforni.=.
San Joaauin
} 55.
NO. 202
On this the 22n~ay of
January
1986 ,before me,
Janice L. Henricksen
the undersigned Notary Public, personally appeared
Barton R. Robertson and David W. Fisher
~ personally known to me
o ~lRf~~~F!l'tII'!l1iIlIlM~'6IJ~~X
to be the person(s) who executed the within instrument as President
and Secretary XlIJr on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WIT S my hand and official seal.
ignature
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4625 . Woodland Hills, CA 91364
,
1 Secretary or ~ssistant Secretarv, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all nersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdivider.
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CERTIFICATE OF INSURANCE
T h I ~ c e r't i f i ( i:\ t e i s i s S U t:!- d a s a rrt at 1 e \- I) f ; n f (I r f'i ~i. t i (I n (I n I v a. n d C (I n f e t" '5 n (I r- i ~1 h t 5
upon the certific~tp tloldpr. This t0f'tificate does not amend, ext2nd 0." al ter'
ttl~ COVer'ilge affor,ji:d by the ~'OIICif:s listed bel,)w.
N Q c' h ~ ~ '; ~ i : F ~ : ~ ~ ~ :\.l ~ : :' [ ~ 8 r n c y ~ :L: ~e' ttt :t :e :,:_ :(C'.': I n d us t W JIlA' '1&"':' 2i:~,' :-'U,i stw8r6 [ff 1Jj}(;J,/:.,/
Stockton CA 95201 P _ v.- ~
A
Insu.red N
I Letter D
E
the. and Mai I in8 I\,jdress of
~';)bertsQn Homes
665:3 Embarcadero
Stockton
Drive
CA 9~:1209
s
Letter E
r;C'~"::t:)('""
C':;.~L.": .7.~~.. ~-!C;~,~,~S
} /.-;"r-,O
""i/a
This is to cer"tify tha.t p(llicies of insut-ance listed be 10',..) have tl['[lfl issui?(:1 to
t~l!:- insured named above and are in force at this tirpe. Notwiths~a.ndjn'3 fl."I'!
rEq~ire~ent, term or condition of any contract or other document with rBS?ect
to which this certifica.tp may bp issued Ot" may perta!lI, the insurancE' d.ff<:,rded
by tIle policies described herein is subject to all the terms, e:{clusions and
cOf;.:::.itions Q.f such policies.
Co. Type of Pol icy if
Insurance
GENERAL LIABILITY ---------------------------------------------------------
A (X) Comprehensive
) Premises & Ops.
( ) Exp/Col I/Under
( ) Products
( ) Contractual
) Broad F'Hm PD
) Contractors
) Pet-sonal Inj.
AUTOMOBILE LIABILITY ------------------------------------------------------
) Any Auto
\ ) Owned Priv Pass')
) Owned OT Priv P
( ) Hired
( ) Non-Owned
( Garage Liab
EXCESS LIABILITY ----------------------------------------------------------
\ ) Umbre 1\ a FI)t-m
) O.T. Umbrella
WORKERS COMPENSATION -------------------------------------------------'----
W.C. CB857-4486 04/01/85 04/01/86 STATUTORY
Employers Liab. Ea.ch Acc i dent
D i se ase/P(11
D i sea.s e/Errp
Po I icy
Effective
Po I icy
E:<piration
Lirr.its (OOO~s)
Occu,r Asgresate
SP:3:3';;-5t;,1:::
04/01/:,::3
04/01/t:6 B. 1.
P.D.
CSL
li;500
$tIOO
Personal
Inj
$500
B.I./Person
B. I./Acc i ,jnt
P.O.
CSL
B.I. 8: P.D. Combined
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A
$1 O,~i
$500
$100
---- OTHER ---------------------------------------------------------------------
Des:ription of Opr-rations/l.ocations/Vehicles
It is hereby understood and a8reed that the City of San Bernardino,
San Bernardino, Ca.1 ifornia is included as an additional insured as
respects Tract ~12896
CANCELLATION: Should a.ny (,f tt,e a.bove ,jescribed policir-s be cancelled
before the expiratiolo date tho,-eof, the issuing' cOf'\pany wil
endea.v(,r to ma.il 10 da.ys written 110tice to tne br-Iow
named certificate holder, but failure to f'\ail such notice
shall impose no (,blig:ation or lia.bility upon the corr.pany.
Name and Addr"ss of Cf!rtific"te Holder
C i t Y I) f Sa h B ern a r d i rl I)
Building Department
:3 00 N. D:: r J. I j S t t" e e t
date Issued: 01/~,1/:::,'..
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