HomeMy WebLinkAbout1987-148
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1 RESOLUTION NO. 87-148
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13490, LOCATED ON THE WEST
3 SIDE OF PEPPER AVENUE AT POPLAR AVENUE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
4 OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY .THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that
8 proposed Subdivision Tract No. 13490, located on the west side
9 of Pepper Avenue at Poplar Avenue, together with the provisions
10 for its design and improvements, is consistent with the General
11 Plan of the City of San Bernardino.
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SECTION 2: The Mayor of the City of San Bernardino is
13 authorized on behalf of said City to execute the standard form
14 of agreement adopted by Resolution No. 84-8 with Forecast
15 Mortgage Corporation for the improvements in said subdivision
16 tract as are required by Title 18 of the San Bernardino Municipal
17 Code and the California Subdivision Map Act. The time for
18 performance is specified at 24 months. Said improvements are
19 specifically described and shown on Drawing No. 719~, approved
20 and on file in the Office of the City Engineer of the City of
21 San Bernardino.
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SECTION 3: The Final Map of said subdivision tract is
23 hereby approved and the City of San Bernardino hereby accepts
24 as public property all dedications within the subdivision as
25 shown on said Final Map for streets, alleys, (including access
26 rights), drainage and other public easements. As a condition
27 precedent to approval of the Final Map, the Subdivider shall
28 first execute the agreement referenced in Section 2 hereof for
4/28/87
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1 the improvements within said subdivision. The City Clerk shall
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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
regular
Bernardino at an adjourned/ meeting thereof, held on the
llt-hday of
M~y
, 1987, by the following vote,
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AYES:
Council Members Estrada, Flores, Quiel,
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Frazier, Strickler
NAYS:
None
ABSENT:
Council Members Reilly, Maudsley
~Id~~
" City C erk
The foregoing resolution is hereby approved this /S~~
day of
, 1987.
May
Approved as to form:
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 21st day of
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I\pri 1
, 198 7, by and between the CITY OF SAN BERNARDI NO
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a municipal corporation, hereinafter referred to as "City", and
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Forecast Mortgage Corporation, herei nafter referred to as
"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-
riivision map (hereinafter called "map") entitled"
Tract 13490
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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 sati s factory performance by Subdi vi der
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of ~Jork
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' s own expense, in .1 good and
workman 1 i ke manner, and furni sh all requi red materi a 1 s ,
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 a:; 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 place" 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 COl1l11E!ncement 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 En(jineer ma" extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful oerformance of this agreement.
The 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 repair, or have
repaired, as the case may be, all nioes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
pl~(:e cr raVE' rer.laced, 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 proper tv damaged or destroved bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or anv agency or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or hv any combina-
tion of such owners. Any such renair or replacement shall be to the
satisfaction, and suhject to the approval, of the City Engineer.
6. utility Deposits - 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,
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a written statement signed bv Subdivider, and each public util itv
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corpori,tic'n involved, to the effect that Suhctivider has made all
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deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied bv
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such publ ic util ity cornoration within the Subdivision.
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Permits:
Compliance '~ith Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes re~uired bv
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law. Subdivider shall comply with all provisions of the Subdivi..
sion Map Act and Title 18 San Bernardino ~unicipal Code.
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8. Superintendence by Subdivider
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Subdivider shall give personal superintendence to the work on
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said improvement, or have a competent foreman or Superintendent,
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satisfactorv to the City Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
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9. Inspection by Citv
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection hv Citv, to all Darts r.f the
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work, and to the shoos wherein the work is in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shan furnish
to City improvement security as follows:
(1) ..'In amount Er:ual tr- a.t least one hundred percent of the total
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estimated cost of the imorovement and acts to be performed as
sec~rity for the faithful performance of this agreement;
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(2) An amount equal to at least fiftv percent of the total estimated
cost of the imnrovements and acts to be nerformed 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 he oerj'c,rI1'€c oS
security for the guarantee and warranty of the work for a oeriod of
one (1) year following the completion and accentance 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 successfullv 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 he at the option of and subject to the anproval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, i'imrless
from any liability for damage or clai;:ls for damage for personal injury,
including death, as "/ell as from claims for prouertv damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
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 a~rees to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emo1oyees
from any suits or actions at law or in eouitv for damages caused,
or alleged to have beer caused, by reason of any oT 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 City by Subdivider, or ~n\' cf the insurance po1icie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv 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 paragraoh,
regardless of whether c," not Citv has IJrenared, supplied or
approved of, nlans and/or slJecifications for the subdivision,
or T'egardless of whether or not such insurance pol icies shall
have been determined to be applicable to anv of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav10 obtained all insurance reQuired under this oaragranh and
such insurance shall have been aporoved bv City Attorney as to form,
amount and carrier, nor shall <:ubclivider allow any contractor or Sub-
contractor to commence ~:crk en hi s contract or subcontract until a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reauirements herein provided
shall apnear either in the body of the insurance pol icies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivirer's employees
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employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require anv 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 emnlovees, unless such emolovees
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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
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C0mor:ns~tion Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the orotection of employees not otherwise nrotected. Subdivider
shall indemnify Citv for anv damage resulting to it from failure
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 Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such oublic liability and orooertv damage insurance
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as shall insure City, its elective and anpointive boards, commis-
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sions, officers, agents and emoloyees, Subdivider and any contral
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tor or subcontractor performing work covered by this agreement
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from claims for damages for personal iniurv, including neath,
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as well as from claims for nrooertv dama'1e which mav arise from
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Sub <Ii vider'~, 01' any contractor's or s uhcontractor' s operati ons
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hereunder, whether such operatiors be by Subdivider or anv
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contractor or subcontractor, or bv anvone directly or indirectly
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emploved by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liahilitv Insurance
In an amount not ~(ss than $ 100.000.00 for
injuries, including, but not limited to, death, to anv
one person and, subject to the same limit for each
person, in an amount not less than S 300.000.00
on account of anv 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 occurren ce.
Ir. the event that anv of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entitv, person,
board or commission other than those mentioned in this oara-
graph, such policv shall contain a standard form of Cr0SS-
liability endorsement, insuring on such policv Citv, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor (.r sutcof'tractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv with the execution
hereof, with satisfactory evidence of the insurance reouired, 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 oeriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
bv Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
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15. Re~air or Reconstruction of Defective Work
If, within a period of one vear after final acceptance of the
work oerformed uncer thi s agreement, any structure or rart 0f any
strllctolre furni ~hec ~,nd/or ins ta 1: cd 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 re~uirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without any cost to Citv, renair
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 reauirement, or
should the exigencies of the Subdivid(:r can 'e rotified, Citv may a
its cpticn, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall nav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Ci!Y
Neither Subdivider nor anv of Subdivider's agents or contractors
are or shall be considered to be i'Of>nts 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 otllf.'r servi ces ccnnected with the Citv
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 diliaence as will insure
its completion within the time specified, or any extensions th~rof
or fails to obtain completion of said work within such time, or if
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the Subdivider should bf~ adjud<lcd 11 oankrullt. or Subdivider
should make a general i1ssinn l1ent for the oenefi t of Subdivider's
creditors, or if a receiver should be aopointed in the event of
Subdj\'ic:Er' 5 insolvency, Ot" if Sllh~il'icc:r, or anI' of Subdivider's
contractors, subcontractors, agents or er.lplovees, should violate
any of the provisions of this agn>ement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr-rtic,n thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance t", Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take oVr;r anc cOlT'rlete the l'lork and the improvcr:1ent
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 oot commence perform~nc(
thereof within five days after notice to Citv 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-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, apoliances, rlant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
Noti ces
All notices herein required shall be in writing, and deliyered
in person or sent by 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 "0" Street, San Bernardino,
California 92418.
Notices reauired to be given to Subdivider shall be addressed as fallows:
Forecast Mortgage Corporation
7365 Hellman Avenue
Rancho Cucamonqa, CA 91730
Notices required to be given surety of Subdivider shall be addressed as
follows:
Developers Insurance Company
P.O. Box 3343
Anaheim, CA 92803
Provided t~at any party or the surety may change such address by 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:
By:
~71~a~
City C erk
SUBOIVlnE~
Anproved as to form:
Bv:
By:
Citv Attorney
INSTRIlr:TI0NS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed b,v the President or a \lice-President ar.d the
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STATE OF CALIFORNIA
San Bernardino
}SS
COUNTY OF
On this 21st dayo! April
a Notary Public in and for said County and State, personally appeared
. 19~, before me, the unoersigned.
James P. Previti
personally knOYln to me (or proved to me on the basis of satisfactory evidence) to be the
President, and Felipe Bustamante
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
Secretary of the corporation that executed the within instrument.
and 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 same,
pursuant to its by laws. or a resolution of its Board of Directors.
WITNESS my hand and official seal.
,4v/A7 ~ &/1---
Notary signature
. OFFICIAL SEAL
BEVERLY K. CAREY
NOTARY PUBUC. CALIFORNIP.
SAN BERNARDINO COUNTY
My Comm. Ellpires Aug 24, 1990
(ThiS area fof' official seall
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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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GENERAL L1ABIUTY
X COMPREHENSIVE FOIlM
PREMISESIOPERATlONS
UNDERGROUND
EXPLOSION & COLlAPSE HAZARD
X PROOUCTSlCOMPlillD OPERATIONS
X CONTRACTUAL
INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAl INJURY
BINDER 7250
04/-1'1/,37
BODilY
DLt / -1"::' /:38 INJURY
$
$
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PRODUCER
THIS CERTIFiCATE IS ISSUED AS A MATTEA OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFiCATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR Al TEA THE COVERAGE AFFOPDED BY THE POliCIES BELOW.
Averbeck co. ~ns. 8r~(rs
1890 N. Garev Ave.
Pomof12, CA 9'1767
COMPANIES AFFORDING COVERAGE
COMPANY A
LETTER
bUOEcior Natianal
INSURED
COMPANY B
LETTER
~orecas~ Mortgage CGrpln
8331u Utica Ave. Suite 200
Rancho Cucamongaq CA 9'1730
COMPANY C
LETTER
COMPANY D
LETTER
f
COMPANY E
LElTER
.
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THIS IS TO CERTIFY THAT POUClES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICA TED~
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIC"..ATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS. AND CONO'"
T10NS OF SUCH POLICIES.
TYPE OF INSURANCE
POLlCY NUMBER
POLICY EFFECTIVE
DATE (MMJOOJYY)
POLICY EXPIFA TION
DATE (MMJ1)C,YY\
LIABILITY LIMITS IN THOUSANDS
EACH
OCCURRENCE AGGREGATE
;(.
PROPERTY
DAMAGE
$
$
$ -1000
$1000
AUTOMOBILIE LIABILITY
ANY AUTO
AlL OWNED AUTOS (PRIV, PASS,)
AlL OWNED AUTOS (OTHER THAN)
PRIV, PASS,
HIRED AUTOS
NON-llWNEo AUTOS
GARAGE LIABILITY
$
BI & PO
COMBINED $
EXCESS LIABILITY
UMBRELLA FOIlM
OTHER THAN UMBRELLA FORM
~t:~EO $
$
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'I:;
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STATUTORY
WORKERS' COMPENSATION
AND
EMPLOYERS' L1ABIUTY
$
$
$
:,~<
(EACH ACCIDENT) \'.
(oISEASE,PQLK:Y LIMIT) ,,; "
(oISEASE,EACH EMPLOYEE),'
OTHER
DESCRIPTION OF OPERATlONSlLOCATIONSlVEHICLESlSPECIALITEMS Re :
San Bernardino, CA
Tract #-13490. Pepper Avenue.
City of San Bernardino
Building & Safety Department
:.3[1C N~ !![ill Street, Rm. 33'1
San 3ernardino, CA 92418
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLlED BEFORE THE EX.
PIRATlON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LIEFT. BUT FAILURE TO MAIL SlICHJ'\Q~ 0 TION OR UABlUTY
OF ANY KIND UPON THE COMPAftIi; I TIVES.
AUTHORIZED REPRESENTATIVE" . ~
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