HomeMy WebLinkAbout1983-413
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RESOLUTION NO.
83-413
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
THE FINAL MAP FOR SUBDIVISION TRACT NO. 11324, LOCATED SOUTH
SIDE OF KENDALL DRIVE; ACCEPTING THE PUBLIC DEDICATIONS AS SET
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
THE CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that
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the proposed Subdivision, Tract No. 11324, located South side
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of Kendall Drive, together with the provisions for its design
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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, 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
easements.
As a condition precedent to approval of the final
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
vote, to wit:
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AYES:
Council Members
Castaneda. Reillv. Hernandez,
Hilrks. Ouiel. Frazier. Strickler
NAYS:
l\Jnnp
ABSENT:
1\TnnCII
~b42?/~4
/" Ci ty Clerk
The foregoing resolution is hereby approved this
tnt
December
day of
Approved as to form:
~~~JffT
City At orney
Morgan & Franz
401 W. 2nd Street
San Bernardino, Ca 92401
:( liP
A 'FORDIN] COVERAGES
or OAN
::1 ER
Fireman's Fund Ins. Co.
Of :AN
E1 ER
Fremont Indemnity Ins. Co.
or OAr-.
E1 fR
Block Brothers Industries (USA), Inc.
9911 West Pi co Blvd., U1100
Los Angeles, Ca 90035
Of'FA'"
[1 I R
at/FAN"*, IZ~
ET ,rR tc.
This is to certify thC-it policies of insurance listed below have been issued to the insd;8(j-;';a,Tlscabave ~j(xj(i~~~~~~X Notwithstanding any requirement, term or condition
of any contract or :>ther document with respect to which this certificate mClY be issued (11' t lay pert3Ir., : :le Insurance affOraea by the policies described herein is subject to all the
terms. exdusions ond conditions of such policies. *for' .' . .
--- .-.---" - - -. limits of Liability in housan s ( )
v" v)( .F.O.l.l(;, v ~v EACH
I'tt\ k..N.&l\n;o:'I~ AGGREGATE
_ -PER OCCURRENCE
T\ PEOF INSURANCE
l'OLley NU\1:jl:R
GENERAL LIABILITY
A 0 COMPREHENSIVE FORM
~ PREMISES-OPERATIONS
o EXPl ;JSION AND COLLAPSE
HAZARD
[] UNDF:RGROUND HAZARD
[] PROf)UCTSiCOMPLETED
OPERATIONS HAZARD
KJ CON "RACTUAL INSURANCE
o BROAD FORM PROPERTY
O/lMAGE
KJ INDEPENDENT CONTRACTORS
[] PfR~ONAL INJURY
LA 299 35 34
BODilY INJURY .rOO .300
7-8-83 to PROPERTY DAMAGE . 50 .
7-8-84
BODilY INJURY AND
PROPERTY OAMAGE .
COMBINED
PERSONAL INJUFN '300
OILY INJURY
ACH PrRSON)
oiLY INJURY
CH ACCIDENT)
$
N
BODll Y INJURY AND
PROPFRTY DAMAGE
COMBINED
10-14-83 to
8-1-84
AUTOMOBILE LIABILITY
D CO'-IPRFHFNSIVE fORM
D owriED
o HIRIO
o NO~-OWNfO
EXCESS LIABILITY
D UMRRfl.LA cORM
o OTHER THAN UMBRI:.LLA
FOR'VI
B WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
WN 83 225482
DESCRIPTION OF OPERAT10NS/lOCATlONSNEHICLES
Subdivision map entitled TRl1324, San Bernardino, California.
Additional Insured Clause: City of San Bernardino, Its Elective and Appointive Boards
Commissions, Officers., Agents and Employees.
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will ~WXltJ<mail .lO...- days written notice to the below named certificate holder)tXOOlllt(OOe)O)llX
~KK~~<<~~K~~~~OOX~~R~~Kk~kwxK~~XX~~~R~K~~~~~~
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
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this ~)?( day of
~~~~~ , 19~, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
R 1 or.k Rro" Innll "rri "''' (!JSA \. Inc .herei nafter referred to as
"Subdivider".
RECITALS:
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Tract 11324
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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
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City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on conditiun 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 arproval 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 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 Performance
City hereby fixes the time for the completion of said
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work to be within
24 months
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from the date hereof.
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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 sho\1n therefor, the Citv Engineer may extend
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the time for completion of the improvements hereunder. Anv such
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extension m~y be granted without notice to the Subdivider's surety,
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and extensions so granted shall not relieve the suretv's liabilitv
on the bond to secure the faithful performance of this agreement.
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The City Engineer shall be the sole and final judge 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.
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5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair, or have
repaired, as the case may be, all pipes and monuments shown on the
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map which have been destroyed or damaged, and Subdivider shall re-
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place 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
any and all property damaged or destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
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any agency thereof, or the State of California, or anv agency or
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political subdivision thereof, or by the City or by any Dublic or
pri vate corporati on, or by anv person whomsoever, or bv any combina-
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tion of such owners. Any sucb repair or replacement shall be to the
satisfaction, and subject to the approval, 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,
a written statement signed bv Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits legally required by such pUblic utility corporation for
the connection of any and all public utilities to be supplied bv
such publ ic util ity corlJori1tion within the Subdivision.
7. Permits: Compliance ''lith Law
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 reauired bY
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfacto~v to the Ci~y 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 bv City, to all Darts of the
work, and to the shops wherein the work is in preDaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to Ci~y improvement securi~y as follows:
(1) An amount equal to at least one hundred Dercent of the total
estimated cost of the improvement and acts to be oerformed as
security for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
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cost of the improvements and acts to be performed as securitv for
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the payment of all persons performing labor and furnishing mater-
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ials in connection with this agreement; and
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(3) An amount eaual to at least twenty-five percent of the total
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est~mat.ed cost of the improvements and acts to be oeri'orJr€d 25
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security for the guarantee and warrantv of the work for a period of
one (1) year following the completion and acceotance thereof against
any defective work or labor done, or defective materials furnished.
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
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costs and reasonable expenses and fees, including reasonable
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attorneys' fees incurred by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
15 form of bonds, deposits or letters of credit as provided in Title
16 18 San Bernardino ~'unicipal Code; and
17 the type shall be at the ortion of and sUbject to the approval of
18 the Citv Engineer and the City Attorney.
19 Hold Harmless Agreement
20 Subdivider herebv agrees to, and shall, hold Citv, its elective and
21 appointive boards, commissions, officers, agents and employees, rarwless
22 from any 1 i abi 1 i ty for damage or cl aims for damage for personal injurv,
23 including death, as well as from claims for property damage which mav arise
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25 or emplovees' operations under this agreement, whether such ooerations
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subcontractors. Subdivider arrees to, and shall, defend Citv, and its
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~, ,. :~:;'~.~>i*~~~:""\':::~_" ,_..:~~~:,'7~" r .. ~ lR~~e'. ~.,;:<;_
apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in e~uity for damages caused,
or alleged to have bee~ caused, bv reason of anv of the aforesaid
operations, provided as follows:
a. That City does not, and shall not,. ~Iaive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or eny ef the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apoly 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 paragraph,
regardless of whether 01" not Citv has orepared, supplied or
approved of, clans and/or specifications for the subdivision,
or regardless of whether or not such insurante poliCies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav10 obtained all insurance re~uired under this oaragranh and
such insurance shall have been approved bv Citv Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence vlcrk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All re~uirements herein orovided
shall apoear 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 Subdivider's emoloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's emplovees, unless such emplovees
are covered by the protection afforded by Subdivider. In case
any cl ass of empl oyees enga~ed in work under thi s agreement at
the site of the project is not protected under any Workmen's
Compensvtion Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise protected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or any cOntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and property damage insurance
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider and anv contrac
tor or subcontractor performing work covered by this agreement
from cl aims for damages for personal iniury, incl uding death,
as well as from claims for property damage which may arise from
Subt1ivider's 01' any contractor's or subcontractor's operati ons
hereunder, whether such operations be by Subdivider or any
contractor or subcontractor, or bv anvone directly or indirectlv
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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"'ll'q':"'- ':;,T'3<F "',':;'.'~1- -,~ i..,"~,..:~"., ~;-<:.'~'
(1) Public Liabilitv Insurance
In an amount not 1ess than $ 100.000.00 for
injuries, including, but not limited to, death, to any
one person 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 propertv of each person on account of anv
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cross-
1 iability endorsement, insuring on such policy Citv, its . .
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subco~tractor
performi ng work covered bv thi s agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfacto~y evidence of the insurance required, 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 poli~v during the effective Deriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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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 appointed in the event of
SiJbdil'iGEr's insolvency, 01' if Sllh~ivicer, 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 breach of this agreement, or of any partion thereof,
and default of Subdivider.
19 Breach of Agreement; PerfonTIance h'l Surety or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVH ane comrlete the work and the improver:1ent
herein specified; provided, hO~/ever, that if the surety, within
fjve days after the serving upon if of such notice of breach,
does not give City written notice of its intention to take over
the perfomance 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 B.t the expense of SUbdividEr, and Subdivider's
occasioned City thereby; and, in such event, City, without I iabi-II
surety shall be liable to City for any excess cost or damages
li~y for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
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property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. 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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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
work performed under thi s agreement, anv structure or part of anv
structllre furni shed and/or i nsta 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 anv of the re~uirements
of this agreement or the specifications referred to herein, Sub-
divider shall without del~y and without any cost to City, repair
or replace or reconstruct any defective or otherwise unsat;sfact-
o~y part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
shoul d the exi genci es of the Subdi vi d(:r car: he notifi ed~ Citv may at
its option, make the necessarv repairs or replacements or perform
the necessary work and Subdivider shall pay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be D(jf>nts of City in connection with
the performance of Subdivider's Obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and other serv1 ces ccnnected with the City
in regard to the subdivision. Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work,
or any severable part thereof, with such diligence as will insure
its completion within the time specified, or anY extensions thero~,
or fails to obtain completion of said work within such time, or if
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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:
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Block Bros. Industries (USA) .Inc. 9911
- _ _ _ W. Pico Blvd. Ste.1100
Los Angeles, CA 90035
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Attn:
Dorian Johnson
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
James Econn & Co. Insurance Co.
3055 Wilshire. Los Anqeles. California 90010
Provided t~at any part,y or the surety ma,v h
cange such address bv notice in
writing to the other partv 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 fi rst above written.
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ATTEST:
CITY OF SAN BERNARDI
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~//7.?<~~
e', ty C1 erk
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..,n
SUBDIVIDER
l r
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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 30 day of lI./oJ/'
191>3
Not!:h*l~ f;U:for the
State of California
~ - ~ -~~c>n
~~" OFFICIAL SEAL
i\~~;'~\" GLADYS L PALMER \
", "-', .o,"""('.~,'~','yi~ NOTARY PUBL,\C - CAL IFOPN1A "
,\:.;.,..'-';:1"'-.;:.:'.... I,)
',,'-~:---;;,'_,:I:,."..~ lOS M'~GrLES CO(~NIY ",
';'_v <, ,.., rc,rrm p)'I,ire?> ~rD 15, lf18G
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Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed by all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all persons having an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider.
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