HomeMy WebLinkAbout1983-393
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RESOLUTION NO.
83-393
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW AGREEMENT AND RELEASE OF THE EXISTING
AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED IN TRACT
NO. 11 741, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH
STREET AND WEST OF LITTLE MOUNTAIN DRIVE.
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
proposed Subdivision Tract No. 11741, located south of
Northpark Boulevard, north of 48th Street and west of Little
Mountain Drive, together with the provisions for its design and
improvements, is consi~tent with the General Plan of the City
of San Bernardino.
SEtTION 2. The Mayor of the City of San Bernardino
is authorized on behalf of said City to execute an agreement
with Barratt Northern California Inc., and release the existing
agreement
wit)).. Barratt
.<
the
Southern
California
Inc. , for
improYements iri said subdivision Tract as are required by Title
,.
18, Muni'cipal' Code of City and the California Subdivision Map
Act. A copy of the agreement is attached hereto as Exhibit 1
and incorporated herein by reference. Said improvements are
specifically described and shown on Drawing No. 6105, approved
and on file in the office of the City Engineer of the City of
San Bernardino.
SECTION 3.
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 Counc(l as set
forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was
duly adopted by the Mayor and Common Council of the City of San
Bernardino at a
reqular
meeting thereof, held on the
21st
day of
November
1983, by the following vote,
to-wit:
AYES:
Council Members
Castaneda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
NOne
.Idlf~#_
/' City Clerk
The foregoing resolution is hereby appr~ved th{s.
r:::l/d day of
November
, 1983.
Approved as to form:
~~...~-l/
C'tty A orney
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.8.~RLUH.!!.I
(subdivision improvements)
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THIS AGREEMENT is made and entered into this ~/~ day of
~~ ,19aj, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
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BARRATT NORTHERN CALIFORNIA, INC.
, hereinafter referred to as
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"Subdivider".
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RIf.lTAhi:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT 11741
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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,
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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 w1th, 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 condition that Subdivider first
enter into and execute t~is agreement with ~he City.
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Thi s agreement is executed pursuant to the provi s ions of the Sub-
I division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnis~ 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
from the date hereof.
4. Time of Essence - Extension
Time is of the eSSence of this agreement; provided, that in the
event good cause is shown therefor, the City En9ineer mav 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 liability
on the bond to secure the faithful performance 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 Subdiyider to an exten-
sion.
5. Repairs and Replacements
Subdivlder shall replace, or have replaced, or renair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
place cr have replaced, 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 property damaged or destroyedb,v 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 any agenc\! or
pOlitical subdivision thereof, or by the City or by any public or
private corporation, or by anv person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the Ci~y Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the Ci~y Clerk, prior to the commencement
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such publ ic util ity cOrJJoration within the Subdivision. I
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Permi ts:
Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes 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,
satisfactory 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 proper facilities and
provide safe access for inspection by City, to all oarts of the
work, and to the shops wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security as follows:
(1) An amount equal to at least one hundred oercent of the total
estimated cost of the improvement and acts to be performed 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
cost of the improvements and acts to be performed as security 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
(3) An amount equal to at least twenty-five percent of the total
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est:mated cost of the improvements and acts to be performed as
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security for the guarantee and warranty of the work for a period of
one (1) year following the completion and acceotance thereof against
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any defective work or labor dOF)e, 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 Bernardino Municiral Code; and
the type shall be at the option of and subject to the aporoval of
the City Engineer and the CitY Attorney.
19 ~. Hold Harmless Agreement
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Subdivider herebY agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, rarmless
from any 1 iabi 1 i ty for damage Or cl aims foy' damage for personal injurv,
including death, as well as from claims for property damage which may arise
from Subdivider's or SUbdivider's contractors', subcontractors', aqents'
or empl~yees' operations under this agreement, whether such operations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
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subcontractors. Subdivider arrees to, and shall, defend City, and its
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appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equitv for damages caused,
or alleged to ha'7e bee" caused, bv reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, ~Iaive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because qf the acceptance by City, or the
deposit with City by Subdivider, or cny of the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims 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,
regard,less of whether 01" not Citv has prepared, supplied or
approveo of, nlans and/or specifications for the subdivision,
or regardless of \~hetheror not such insurance policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav,: obtained all insurance required under this paragranh and
such insurance shall have been approved by Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence wcrk cn his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and ap~roved. All reouirements herein provided
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insuranc~ carrier.
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a. Compensation Insurance
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Subdivider shall maintain, durin~ the life of this agreement,
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Workmen's Compensation Insurance for all Subdivic'er's emoloyees
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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 Comoensation Insurance for all
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contractor's or subcontractor's employees, unless such employees
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are covered by the protection afforded by SubdiYider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
Ccmpr:nsction 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 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
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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 during the life of this
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. agreement such public liability and oroperty damage insurance
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as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider arod anv contrac
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tor or subcontractor performing work covered by this agreement
from claims for dama~es for personal iniurv, including death,
as well as from claims for property damage which may arise from
Subl'ivider's or' any contractor's or subcontractor 's operati ons
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone 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 $ 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 $ 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 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 cr0SS-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcontractor
performing work covered by this 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 policy during the effective I)eriod of this agreement.
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 Citv.
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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, any structure or nart of any
structure furni shed and/or insta 11 ed or constructed, or caused
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reauirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delaY and without any cost to City, renair
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 reauirement, or
should the exigencies of the SubClividf:r Car) be notified, City may at!
its option, make the necessa~y repairs or replacements or perfo~
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 Subdi vi der nor any of Subdi vider I s agents or contractors
are or shall be considered to be ,:gents of City in connection with
the performance of Subdivider's Obligations under this agreement.
17. Cost of Engineering and Inspection
I Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and other servi ces connected with the City
in regard to the subdivision. Said fees shall be paid prior to
. commencing any construction.
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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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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assign'11ent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
S~bd1vi~€r's insolvency, or if Sl~~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 breach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance bv Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take over anc complete the work and the improvement
herein specified; provided, however, that if the surety, within
five days after the serving upon if of such notice of breach,
does not gi ve City written noti ce of its intenti on to take over
the performance of the contract, and does not commence perfonflance
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 H 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 I iabi-
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 necessarv 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 Citv shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices required to be 9iven to Subdivider shall be addressed as follows:
BARRATT NORTHERN CALIFORNIA, INC.
23632 Calabasas Rd., Suite 201, Calabasas, Calif. 91302
Notices required to be given surety of Subdivider shall be addressed as
follows:
FRED S. JAMES COMPANY
P.O. BOX 7601, San Francisco, Ca. 94120
Provfded that any party or the surety m~v 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 fi rst above written.
ATTEST:
SUBOIVIOER
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CORPORATE ACKNOWLEDGMENT
NO. 202
Stateof C""LIF-C.e.u/q
County of /.os 19"'j E"LES:
I
7120 122
} 55.
Onthisth~*daYOf ()CTo.see 19.?3,beforeme,
~ /J1 c-- IA.JellP,v E. y
the undersigned Notary Public, personally appeare~
~,-y;e.s j:). rnc/e-~ ViCe- <:-'s.
::JOhN H. 7Oh-v,soN) T/t>ST. Sec.,.y.
o personally known to me
...., proved to me on the basis of satisfactory evidence
tb be the person(s) who executed the within instrument as
or on behalf of the corporation therein
named, and acknowledged to me that the corporation executed it.
WITNESS m hand and official seal.
~
OFFICIAL SEAL
1<11.1 Me INERNEY ,
NOTARY PUBLIC - CALIFORNIA t'
10S ANGELES CO;cNTY K
My comm. eXPir.e_s ~EP 20, 1985_l
NA.TIONAl NotARY ASSbClAll0N . 23012 Ventura Blvd. . P.O. Box oi825 . WOOdland Hille, CA 91384
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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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ROBERT W.' NOEL & ASSOCIATES
23701 BIRTCHER VRIVE, SUITE A
EL TORO, CALIFORNIA 92630
(714) 837-6635
COMPANIES AFFORDING COVERAGES
BARRATT-NORTHERN CALIFORNIA, INC. A VELAWARE
CORPORATION VBA: BARRATT-LOS ANGELES
23632 CALABASAS ROAV, #201
CALABASAS, CALIFORNIA 91302
COMPANY A
LETTER
COMPANY B
UTTER
COMPANY C
lETTER
COMPANY D
LETTER COMPANY E
LETTER
TRANSAMERICA INSURANCE COMPANY
INSURANCE COMPANY OF NORTH AMERICA
NAME AND ADDRESS Of INSURED
This is to certify that policies of insurance listed below h8ve been issued to the insured named above and are in force at this time. Notwithstanding any requirement, term or condition
of any contract or other document WIth respect to which this certificate may be issued or may pertain. the Insurance afforded by the polICies described herein is subject to all the
terms. exclusions and conditions of such policies.
TYPE OF INSURANCE
POLICY limits 0 ll. i1it in Thouun s
POLiCY NUMBER ExPIRATION DAn EACH AGGREGATE
OCCURRENCE
BODILY INJURY . .
1887 56 01 7-1-85
PROPERTY DAMAGE . .
GENERAL LIABILITY
A
[2i: COMPREHENSIVE FORM
~ PR(MISrs-QPERATIONS
[21: EXPLOSION AND COLLAPSE
HAlARO
~ UNDERGROUND HAZARD
ex PROOUCTSICOMPlfTED
OPERATIONS HAZARD
Q5: CONTRACTUAL INSURANCE
~ BROAD FORM PROPERTY
DAMAGE
~ INDEPENDENT CONTRACTORS
[]: PERSONAL INJURY
BODILY INJURY AND
PROPERTY DAMAGE S
COMBINED
500
500
.
PERSONAL INJURY
. INCL.
AUTOMOBILE LIABILITY
o COMPREHENSIVE fORM
o OWN'O
o H'REO
o NON.oWNED
EXCESS LIABILITY
BODILY INJURY .
(EACH PERSON)
BODILY INJURY .
(EACH ACC1OENT)
PROPERTY DAMAGE .
BODILY INJURY AND
PROPERTY DAMAGE .
COMBINED
BODll Y INJURY AND
PROPERTY DAMAGE .
COMBINED
o UMBRELLA fORM
D OTHER THAN UMBRELLA
FORM
B
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
C2 11 80 59 2
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DESCRIPTION OF OPERATIONS!lOCATIONSIVEHICLES
JOB: TRACT 11741 - WOOVSIVE AKA: COLLEGE PARK - SAN BERNARDINO, CALIFORNIA
Cancellation: Should any of the above described pOlicies be cancelled before the expiration date thereof. the issuing com.
pany will ~ail -3.0. days written notice to the below named certificate holder.~
~~
NAME AND ADDRESS OF CERTIFICATE HOLDER"
CITY OF SAN BERNARDINO
300 NORTH "V" STREET
SAN BERNARVINO, CALIFORNIA
ATTN: YUAN KIM
92418