HomeMy WebLinkAbout1983-412
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RESOLUTION NO. 83-412
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
2 THE FINAL MAP FOR SUBDIVISION TRACT NO. 11323, LOCATED SOUTH
SIDE OF KENDALL DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS SET
3 FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF AN AGREEMENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
5 THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that
7 the proposed Subdivision, Tract No. 11323, located South side
8 of Kendall Drive, together with the provisions for its design
9 and improvements is consistent with the General Plan of the
10 City of San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino
12 is authorized on behalf of said City to execute an agreement
13 with Block Bros. (U.S.A.), Inc. for the improvements in said
14 subdivision tract as are required by Title 18 of the San
15 Bernardino Municipal Code and the California Subdivision Map
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Act.
Said improvements are specifically described and shown
17 on Drawing Nos. 6335, 6241, 6435, and 6339, approved and on
18 file in the office of the City Enginear of the City of San
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Bernardino.
A copy of said Agreement is attached hereto as
20 Exhibit "A" and incorporated herein by reference.
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SECTION 3.
The final map of said Subdivision Tract
22 is hereby approved and the City of San Bernardino hereby
23 accepts as public property all dedications within the
24 subdivision as shown on said final map for streets, alleys,
25 (including access rights), drainage and other public
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easements.
As a condition precedent to approval of the final
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map, the Subdivider shall first execute the agreement
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referenced in Section 2 hereof for the improvements within
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said subdivision. The City Clerk shall certify the approval
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and 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
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duly adopted by the Mayor and Common Council of the City of
San Bernardino at a
reqular
meeting thereof, held on the
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5th
day of
December
1983, by the following
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vote, to wit:
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AYES:
Council Members
Castaned<J., Rej.llv, T,ernandez,
Marks. Ouiel. Frazier, Strickler
NAYS:
None
ABSENT:
None
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/ City Clerk
The foregoing resolution is hereby approved this
~J';(
day of
December
Approved as to form:
~~A.N<~I~
City A orney
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~~RIIttI!i.1
(subdivision improvements)
THIS AGREEMENT is made and entered into this ~~ day of
~AJ , 198Lf, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Block Bros. Industries (USA) Inc~ 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 11323
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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,
wh i ch map is hereby referred to and i ncorpora ted herei n.
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.
NO~, 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 Subdivi der
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Perfonnance of Hork
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 Commencement and Perfonnance
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 Ennineer mal' extend
the time for comoletion 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
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on the bond to secure the faithful oerforrnance of this agreement.
The City 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 may be, all nioes and monuments shOl~n on the
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map which have been destroyed or damaged, and Subdivider shall re-
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nl~r.e cr rave rerlaced, repair, or have repaired, as the case mav be,
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or Day to the owner, the entire cost of reolacement or repairs, of
any and all propertv damaged or destroyed bv reason of any work done
hereunder, whether such ororertv be owned bv the United States or
any agency thereof, or the Stat,e of California, or any agency or
political subdivision thereof, or bv the City or bv any nUQlic or
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pri vate corporation, or bv any person whomsoever, or tw any combina-
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tion of such owners. Any such renair or reolacement shall Qe to the
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satisfaction, and subject to the anproval, of the City Engineer.
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6. Utility Deoosits - Statement
Subdivider shall file with the Citv Clerk, prior to the commencement
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of any work to be performed within the area delineated on the map,
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a written statement signed bv Subdivider, and each public utility
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corpor"tic'n involved, to the effect that Suhdivider has made all
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deposits legally reouired by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
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such publ ic util ity corlJoraticn within the Subdivision.
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Compliance \~ith Law
Permits:
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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 necessarv notices and pay all fees and taxes reauired bv
law. Subdivider shall comolv with all provisions of the Subdivi..
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal suoerintendence to the work on
sa id improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection hv Citv, to all parts r.f the
work, and to the shons wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shal1 furnish
to City improvement security as follows:
(1) ."n amount equal to at least one hundred percent of the total
estimated cost of the improvement and acts to be nerformed as
sec"ritv 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 oerformed 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 imorovements and acts to be oerformed es
securitv for the guarantee and warrantv of the work for a neriod 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 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 bv Citv in successfully enforcing the
Obligation secured. The type of securitv furnished shall be in the
form of bonds, deposits or 1 etters of credit as orovi ded in Title
18 San Bernardino ~unicinal Code; and
the type shall be at the option of and subject to the apnroval of
the Citv Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, rarwless
from any liability for damage or clai;;ls 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 ~mpl~vees' 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
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subcontractors. Subdivider arrees to, and shall, defend Citv, and its
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1 appointive boards, commissions, officers, agents and employees
2 from any suits or actions at law or in eauity for damages caused,
3 or alleged to have bee~ caused, bv reason of any of the aforesaid
4 operaticns, provided as follows:
5 a. That Citv does not, and shall not, waive any rights against
6 Subdivider which it may have by reason of the aforesaid hold
7 harmless agreement, because of the acceptance bv City, or the
8 deposit with City by Subdivider, or 1'nl' cf the insurance policies
9 descri bed in Paragraph 12 hereof.
10 b. That the aforesaid hold harmless agreement bv Subdivider shall
11 apply to all damages and claims for damages of every kind
12 suffered, or all eged to have been sufferen, by reason of anv
13 of the aforesaid operations referred to in this paragraoh,
14 regardless of whether cr not Citv has pre~ared, supplied or
15 approved of, plans and/or specifications for the subdivision,
16 or regardless of whether or not such insurance policies 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 reouired under this paragraph and
22 such insurance shall have been aooroved by City Attornev as to form,
23 amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
24 contractor to commence v:crk en Us contract or subcontract until all
25 similar insurance required of the contractor or subcontractor Shitll
26 have been so obtained and aoproved. All reoui,"errents herein provided
27 shall appear either in the body of the insurance policies or as endorse-
28 ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durin9 the life of this agreement,
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Workmen's Compensation Insurance for all Subdivicer's emp10vees
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employed at the site of improvement, and in case any work is
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sublet, Subdivider shall require anv contractor or subcontractor
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simi1ar1v to provide Workmen's Compensation Insurance for all
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contractor's or subcontractor's emn1ovees, unless such emo10yees
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are covered by the orotection 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
C'mpr,ns"tien Law, Subdivider shall [\revide and shall cause each
contractor and subcontractor to ~rovide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City for any damage resulting to it from failure
of either Subdivider or anvcontractor or subcontractor to take
out or maintain such insurance.
b. Public Liab1ity. and Property Damage Insurance
Subdivider shall take out and maintain durino the life of this
agreement such public 1iabi1itv and nropertv damage insurance
as shall insure Citv, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider a~d anv contrac-
tor or subcontractor performing work covered by this agreement
from claims for damages for personal iniury, including neath,
a s well a s from c 1 a ims for pronerty c1ama qe wh i ch ma v a ri se from
Sub(li\,'ider'~, 01' any contractor's or subcontractor's operations
hereunder, whether such operatiors be bv Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectly
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 1ess than $
'Qn.nnn 00
for
injuries, including, but not limited to, death, to anv
one oerson and, subject to the same limit for each
person, in an amount not less than $ 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 of each person on account of anv
one occurrenc.e.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entitv, oerson,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of crr)ss-
1 iC1bility endorsement, insuring on such policv Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi.der and any contractor c.r subcc.rtractor
performing work covered bv this agreement.
19 13. Evidence of Insurance
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Subdivider shall furnish Citv concurrently with the execution
21 hereof, with satisfactor,V evidence of the insurance required, and
22 evidence that each carrier is required to give Citv at least ten
23 days prior notice of the cancellation or reduction in coverage of
24 any policy during the effective ryeriod of this agreement.
25 14. Title to Improvements
26 Title to, and ownership of, all improvements constructed hereunder
27 by Subdivider shall vest absolutely in City, upon completion and
28 acceptance of such improvements by Ci tv.
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15. Repair or Reconstruction of Oefective ~Jork
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If, within a period of one year after final acceptance of the
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work performed under this agreement, anv structure or nart of any
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strllct.lre fllrni 5hec <"nd/or ins ta 1; cd or cons tructed, or c~ used
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to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fail s to fulfill any of the reauirements
of this agreement or the specifications referred to herein, Sub-
divider shall without del~v and without any cost to City, reoair
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or replace or reconstruct any defective or otherwise unsilt;sfact-
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ory part or parts of the work or structure. Should Suhdivider
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fail to act promptly or in accordance with this requirement, or
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should the eXigencies of the Subdividr,r car. ~e rctified, City may at
its cpt.ien, make the necessarv repairs or replacements or oerform
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the necessary work and Subdivider shall pav 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
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are or shall be considered to be talent.s cf City in connection with
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the oerformance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engineering inspections and other services ccnnected with the Citv
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in regard to the subdivision. Said fees shall be paid orior to
commencing any constl'uction.
18, Notice of Breach an~ Default
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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 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 assiqn l1ent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
S~bd1vi~Er's insolvency, ot if Suh~ivider, or any of Subdivider's
contractors, subcontractors, agents or employees, 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 bl'each of this agreement, or of any portion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance bv Suretv or City
In the event of any such notice, Subdivider's surety shall have
the duty to take over anc complete the work and the improvcr:1ent
herein specified; provided, hOI'/ever, that if the surety, within
five days after the serving upon if of such notice of breach,
does not give City written noti ce of its intention to take over
the perfonnance 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 a.t 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-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
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:
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. Industries (USA), Inc. 9911 W. Pica Blvd. Ste 1100
Los Angeles, CA 90035
Attn:
Dorian Johnson
Notices required to be given surety of Subdivider shall be addressed as
foll ows:
T7mOT F("Qr:lr:l'- ~ Co I~iil1ratl("9 CQ
3Q55 Wilshirg, Lg~ ~~gglg~,C~ 9QQIQ
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:
~~hb
e'i ty C erk
SUBDIVIDER
Approved as to form:
By:
Q~~. iQ~.
City Attorney
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By:
R-It:5 i
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CD <SA) \\0c,
INSTRUCTIONS
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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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 ~o day of
A.J0r/
19Pj>
~a-~ ~ (PeLL,,~,/
Notary Publ~c in and for the
State of California
OFFICIAL SEAL
GLADYS L PALMER
NOTARY PUBLIC - CALIFORNIA
LOS ANGELES COUNTY
My comm. expires SE~ 15, 1986 I
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1 Secretary or l\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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