HomeMy WebLinkAbout1983-411
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RESOLUTION NO. 83-411
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
THE FINAL MAP FOR SUBDIVISION TRACT NOS. 11320, 11321, 11322
AND 11325, LOCATED SOUTHERLY OF KENDALL DRIVE, EAST AND WEST
SIDE OF LITTLE MOUNTAIN DRIVE; ACCEPTING TilE 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 SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and Common Council find that
the proposed Subdivision, Tract Nos. 11320, 11321, 11322 and
11325, located Southerly of Kendall Drive, East and West side
of Little Mountain Drive, together with the provisions for its
design and improvements is consistent with the General Plan of
the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino
is authorized on behalf of said City to execute an agreement
with Block Bros: (U.S.A.), Inc. 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.
Said improvements are specifically described and shown
on Drawing Nos. 6335, 6241, 6342, 6435, and 6339, approved and
on file in the office of the City Engineer of the City of San
Bernardino.
A copy of said Agreement is attached hereto as
Exhibit "A" and incorporated herein by reference.
SECTION 3.
The final map of said Subdivision Tract
is hereby approved and the City of San Bernardino hereby
accepts as public property all dedications within the
subdivision as shown on said final map for streets, alleys,
(including access rights), drainage and other public
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easements.
As a condition precedent to approval of the final
map, the Subdivider shall first execute the agreement
referenced in Section 2 hereof for the improvements 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
regular
meeting thereof, held on the
5th
December
1983, by the following
day of
vote, to wit:
AYES:
Council Members Castaneda, Reilly,
Hernandez, Harks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
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/' City lerk
The foregoing resolution is hereby approved this
t7t
day of
December
Approved as to form:
~~~~o
C1ty ttorney
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!\.~B.IIMI!!1
(subdivision improvements)
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THIS AGREEMENT is made and entered into thi s 6?7C day of
~) , 19&1, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
Block Bros. Industries (USA I , Inc ., 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-
division map (hereinafter called "map") entitled". Tracts 11320.
11321 & 11322. 11325
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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 subdi vi si on (herei nafter called "subdi vi s ion")
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.
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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 perfonnance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
subdivision to complete the improvements in accordance
with the plans and specifications on file as hereinbefore
specified, or with any changes required or ordered by said
Engineer, which in his opinion are necessary or required
to complete the work.
2. Work: Places and Grades to be Fixed by Engineer
All of said work is to be done at the places, of the
materials, in the manner, and at the grades, all as
shown upon the plans and specifications therefor, here-
tofore approved by City Engineer and which are now on
file in his office, and to the satisfaction of said City
Engineer.
3. Work: Time for Conmencement 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.
3 4. Time of Essence - Extension
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Time is of the essence of this agreement; provided, that in the
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event good cause is shown therefor, the Citv Enqineer mal' extend
the time for completion of the imnrovements hereunder. Anv such
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extension may be granted without notice to the Subdivider's surety,
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and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful performance of this agreement.
The Citv Engineer shall be the sole and final .iud(]e as to whether
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or not good cause has been shown to entitle Subdivider to an exten-
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sion.
13 5. Repairs and Replacements
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Subdivider shall replace, or have renlaced, or renair, or have
repaired, as the case mav be, all nioes and monuments shown on the
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map which have been destroyed or damaged, and Subdivider shall re-
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plar-e cr havE' replaced, repair, or have repaired, as the case may be,
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or pay to the owner, the entire cost of replacement or repairs, of
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any and all property damaged or destroved b" reason of anv work done
hereunder, whether such orOnertv be owned bv the United States or
any agency thereof, or the State of California, or any aqencII or
political subdivision thereof, or bv the Citv or by an" nui}lic or
private corporation, or by anv oerson whomsoever, or hv any combina-
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tion of such owners. Anv such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
26 6. Utility Deposits - Statement
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Subdivider shall file with the City Clerk, prior to the commencement
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of any work to be performed within the area delineated on the man,
a written statement signed by Subdivider, and each nublic utility
corpor"tic'n inl/olved, to the effect that Subdivider bas made all
deposits legally reauired by such public utility cornoration for
the connection of any and all public utilities to be supplied by
such public utility corlJornticn within the Subdivision.
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Permits:
Comp 1 i ance \~i th Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reouired bv
law. Subdivider shall comolv with all nrovisions of the Subdivi..
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Superintendence bv Subdivider
Subdivider shall give oersonal superintendence to the \~ork on
said improvement, or have a competent foreman or Superintendent,
satisfactorv to the City 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 proner facilities and
provide safe access for inspection bv City, to all Darts r.f the
work, and to the shons wherein the work is in prenaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider st.al1 furnish
to City imnrovement security as follows:
(1) :~n amount E'l1ual to B.t least one hundred oercent of the total
estimated cost of the imorovement and acts to be nerformed as
sec"rity for the faithful performance of this agreement;
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(2) An amount equal to at lecst fiftv percent of the total estimated
cost of the imnrovements and acts to be oerformed 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
est~mated cOst of the improvements and acts to be oerformed es
security for the guarantee and warranty of the work for a neriod of
one (1) year following the completion and acceotance thereof against
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 8ernardino ~unicinal Code; and
the type shall be at the option of and subject to the annroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold City, its elective and
apoointive boards, commissions, officers, agents and employees, I'ilrrrless
from any liability for damage or claims for' damage for personal injury,
including death, as '~ell as from claims for property damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or empl~Yees' 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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1 apnointive boards, commissions, officers, agents and emnlovees
2 from any suits or actions at law or in eauitv for damages caused,
3 or alleged to have bee" caused, bv reason of aov of t.he aforesaid
4 operatitos, provided as follows:
5 a. That Citv does not, and shall .oot, vlaive any rights against
6 Subdivider which it may have bv reason of the aforesaid hold
7 harmless agreement, because of the acceptance by City, or the
8 deposit with City by Subdivider, or ~n" of the insurance policies
9 descri bed in Paragraph 12 hereof.
10 b. That the aforesaid hold harmless agreement by Subdivider shall
11 apply to all damages and claims for damages of every kind
12 suffered, or alleged to have been suffererl, by reason of any
13 of the aforesaid operations referred to in this paragraoh,
14 regardless of whetl1er or not City has nrepared, supplied or
15 approved of, nlans and/or snecifications for the subdivision,
16 or r.egardless of whether or not such insurance pol icies shall
17 have been determined to be applicable to anv of such damages
18 or claims for damages.
19 12. Subdivider's Insurance
20 Subdivider shall not commence work under this agreement until Subdivider
21 shall hav,,, obtained all insurance re~uired under this oaragranh and
22 such insurance shall have been aoproved by Citv Attornev as to form,
23 amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
24 contractor to commence v:crk en hi s contract or subcontract until all
25 similar insurance required of t.he contractor or subcontractor sh~ll
26 have been so obtained and aO[1roved. All reouii'ements herein provided
27 shall apoear either in the body of the insurance nolicies or as endorse-
28 ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, during the life of this agreement,
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Workmen's Compensation Insurance for all Subdivicer's emolovees
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employed at the site of imorovement, and in case anY work is
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sublet, Subdivider shall require any contractor or suhcontractor
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similarlv to provide Workmen's Compensation Insurance for all
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contractor's or subcontractor's emplove~s, unless such emolovees
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are covered by the protection afforded bv 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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C~mpr:ns~ticn Law, Subdivider shall orovide and shall cause each
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contractor and subcontractor to ~rovide, adequate insurance for
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the orotection of employees not otherwise protected. Subdivider
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shall indemnify City 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 durino the life of this
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agreement such public liability and prooertv damage insurance
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as shall insure City, its elective and appointive boards, commis-
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sions, officers, agents and employees, Subdivider Gr.d any contrac
tor or subcontractor performing work covered by this agreement
from cl aims for damages for personal iniurv, incl udinq neath,
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as well as from claims for nrofjerty damage which may arise from
SUbl1ivider's 01' cny contractor's or subcontractor's operations
hereunder, whether such operatiors be bv Subdivider or any
contractor or subcontractor, or bv anYOne directly or indirectly
employed 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 Insurance
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In an amount not 1ess than $ 100,000.00
for
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injuries, including, but not limited to, death, to any
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one person and, subject to the same limit for each
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person, in an amount not less than $ 300,000.00
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on account of any one occurrence;
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(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
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damage to the property of each l1erson on account of any
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one occurrence.
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In the event that any 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-
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1 iability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor (.r subcortractor
performing work covered bv this agreement.
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19 13. Evidence of Insurance
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Subdivider shall furnish City concurrently with the execution
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hereof, with satisfactory evi dence of the insurance reoui red, and
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evidence that each carrier is required to give Citv at least ten
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days prior notice of the cancellation or reduction in coverage of
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any policy during the effective l1eriod of this agreement.
25 14. Title to Improvements
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Title to, and rn~nership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in Citv, upon completion and
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acceptance of such improvements by City.
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15. Repair or Reconstruction of I)efective ~lork
If, within a period of one vear after final acceptance of the
work performed under thi s agreement, any structure or nart of any
strllct'lre furni5hec and/or instal:ed or constructed, or Co used
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without any cost to City, reoair
or replace or reconstruct anv defective or otherwise unsat;sfact-
ory part or parts of the work or structure. Should Suhdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivid(:r car. ~,e notified, City may at
its cpticn, make the necessarv renairs or replacements or perform
the necessary work and Subdi vi der 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 consi dered to be ,lllent.s of City in connecti on 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 Citv
in regard to the subdivision.
commencing any constl'uction,
Said fees shall be paid prior to
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain nrosecution of the work,
or any severable part thereof, with such diligence as will insure
its completion within the time specified, or any extensions th~ro~,
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assign '!lent for the benefit of Subdivider's
creditors, or if a receiver should be aprointed in the event of
SubdiviC:er's insolvency, 01' if Sllb~ivid€:r, or any of Subdivider's
contractors, subcontractors, agents or emrlovees, should violate
any of the provisions of this agreement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
'surety ofbt'each of this agreement, or of any pr.rtion thereof,
and defaul t of Subdivide,',
3reach of Agreement; Perfomance 1)'1 Suretv Dr Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take over ana complete the work and the improvement
herein specified; provided, hO~lever, that if the surety, within
five days after the serving uron if of such notice of breach,
does not give City written noti ce of its intention to take over
the performance of the contract, and does not commence perform?,ncE:
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 Clt the expense of Subdivider, and Subdivider's
surety shall be liable to City 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 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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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 required to be given to Subdivider shall be addressed as follows:
Block Bros. Ihdustries (USA) ,Inc. 9911 W.pico Blvd. Ste.l100
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Attn: Dorian Johnson
Los Angeles, CA 90035
b . suret.y of Subdivider shall be addressed as
Notices required to e glven _
foll ows: James Econn & Co. Insurance Co.
3055 Wilshire, Los Anqeles, CA 90010
Provided that 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:
~4'm2/GA:V'...
e'i ty Cl erk
SUBDIVIDER
STATE OF CALIFORNIA )
)ss.
COUNTY OF LOS ANGELES )
On this day personally appeared before me Michael Kilgallon and
Dorinda Birch to me known to be the individuals described in and
who executed the within and foregOing instrument, and acknowledged
that they signed the same as their free and voluntary act and deed,
for the uses and purposes therein mentioned, as Vice President and
Assistant Secretary of Block Bros. Insustries (USA), Inc.
GIVEN under my hand and official seal this Ju day of
Aiev
1913
I
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Notary PUblic in and for the
State of California
OFFICIAL SEAL
GLADYS l PALMER
NOTARY PUBLIC - CALIFORNIA .(
LOS ANGELES COUNTY .
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1 Secretary or ~ssistant Secretary, 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 persons 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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:c IIPII,' ~i A FORDIN. COVERAGES
Morgan & Franz
401 W. 2nd Street
San Bernardino, Ca 92401
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Fireman\s Flinn Tn' r.o.
Fremont Indemnity Co.
NAME AND IDDRESS OF INSURED
Block Brothers Industries (USA), Inc.
9911 West Pico Blvd. #1100
Los Angeles, Ca 90035
This is to t'3rtifytha. policies of insurance liste(; below ~ave ~n is~~ed tt, i'I;,,!Tris:=i,!'(j ,;<ltrec: atic\'e,{iwx':i*~~~ir~ Notwithst~~ding any, r€quire~en.t, terl~ or condition
of any cor tract or uther document with respe. t to which this ;;ertlflcate 'T'J'! bessu,..d 0 - r-,ay ~ert[l:11 lir. I "sl;'rance'Mf6MW by the policies deSCribed herem IS subject to all the
terms, exclusions Md conditions of such polities. _ _ ____.' __ __ ,.___..* ~Qr. th . ~."-
limits of L a II in QUsa" s
EACH
O::CURRENCE
TY::>E OF INSURANCE
"OllCYNU; IER
"lCY
'XltX'l(xlt*,*'X
np ERIOIJ
AG;jREGATE
GENERAL LIABILITY
BODILY INJURY
$ 100
$ 300
A
o COMPREHENSIVE FORM
[]I PREMISES-OPERATIONS
o EXPUlSION AND COLLAPSE
HAI.ARD
rn UNDl RGROUND HAZARD
~ PRQ[lUCTS/COMPLETED
OPERATIONS HAZARD
[Xl CONl RACTUAL INSURANCE
o BROI<D FORM PROPERTY
DAMAGE
00 INDEPENDENT CONTRACTORS
[X] PERSONAL INJURY
LA 299 35 34
7"8~83 to
7~8-84
PROPERTY DAMAGE
$
50
$
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$
$
PERSONAL INJURY
AUTOMOBILE LIABILITY
o COMPREHENSIVE FORM
DOWNED
o HIRED
o NON OWNED
t~o.... ~iJ1.t
~ 2 "
'llilC '0\ 1983
r,~/I).: /O;:;",S
bet' 'l,
trIg
OILY INJURY
CH PERSON)
$
$
$
$
EXCESS LIABILITY
D UMBRELLA FORM
D OTHER THAN UMBRELLA
FORM
BQDIL Y INJURY AND
PROPERTY DAMAGE
$
COMBINED
B
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
WN 83 225482
10-14-83
DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLES
JOB: .Sub-division map entit~ed Tract #11320, 11321, 11322 and 11325, San Bernardino, Ca.
Addl~lo~al Insur:d Clause; Clty of San Bernadino, Its Elective and Appointive Boards
Commlsslons, Offlcers, Agents and Employees. (In lieu of certificate dated 11-30-83)
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof. the issuing com-
pany will Jellllli'iJl.!QXXIl mail ...lO...- days written notice to the below named certificate holder, Rltldi~~~*",
JOOi~mJ(!(j(~ki~lt~j(~Ji~jeoo(X~~I!*5(~l(\tltR~~'
NAME AND ADDRESS OF CERTIFICATE HOLDER
City of San Bernardino
% City Administrator
City Hall
300 N. "D" Street
San Bernardino, Ca 92418
DATE ISSUED:
12-2-83 d
(J