HomeMy WebLinkAbout1983-394
RESOLUTION NO.
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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. 11742, LOCATED SOUTH OF NORTHP ARK 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 May.or and C.omm.on C.ouncil find that
pr.op.osed Subdivisi.on Tract N.o. 11742, l.ocated s.outh .of
N.orthpark B.oulevard, n.orth .of 48th Street and west .of Little
M.ountain Drive, t.ogether with the pr.ovisi.ons far its design and
impr.ovements, is cans is tent with the General Plan .of the City
.of San Bernardin.o.
SECTION 2. The May.or .of the City .of Sa.n Bernardin.o
is auth.orized .on behalf .of said City t.o execute an agreement
with Batratt N.orthern Calif.ornia Inc., and release the existing
agreelIlent with Barratt S.outhern California Inc., far the
impr.ovements. in said lilubdivisi.on Tract as are required by Title
18, MunicipaL..C.ode .of City and the Calif.ornia Subdivisi.on Map
Act. A c.opy .of the agreement is attached heret.o as Exhibit 1
and incorp.orated herein by reference. Said impr.ovements are
specifically described and shawn .on Drawing N.o. 6105, approved
and .on file in the .office .of the City Engineer .of the City .of
San Bernardin.o.
SECTION 3.
The Subdivider shall first execute the
agreement referenced in Secti.on 2 here.of far the impr.ovements
within said subdivisi.on.
The City Clerk shall certify the
appr.oval and acceptance .of the Mayor and C.omm.on C.ouncil as set
f.orth in this res.oluti.on.
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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, Reillv, Hernandez,
r,1arks, Quiel. Frazier , Strickler
NAYS:
None
ABSENT:
None
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The foregoing resolution is hereby approved this
ClIM day of
November
, 1983.
Approved as to form:
~tV~~~
Ci ty At orney
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.8..G.E.II!H.!!1
(subdivision improvements)
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THIS AGREEMENT is made and entered into this c2/dday of
, 192f, by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter
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referred to as "City", and
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BARRATT NORTHERN CALIFORNIA, INC.
, hereinafter referred to as
"Subdivider".
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT 11742
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure 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 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
speci fi ed, or wi th any changes requi red or ordered by sai d
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 COl11llE!ncement and Performance
City hereby fixes the time for the completion of said
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work to be within
24 months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City En9ineer ma," extend
the time for completion of the improvements hereunder. Any such
extension m~v 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 Subdivider to an exten-
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
map which have been destroved or damaged, and Subdivider shall re-
pla(e or 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 propertv damaged or destroyed by 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 any agencv or ,.
political subdivision thereof, or by the City or by any public or
priyate corporation, or by any person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement shall be to the I:
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satisfaction, and subject to the approyal, of the City Engineer.
6. Utility Deoosits - Statement
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SUbdiYidershall file with the Cit,v 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 corllorlltion within the Subdivision.
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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 required by
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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 Ci~v 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 parts of the
work, and to the shops wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to Ci~y improvement security as follows:
(1) An amount equal to at least one hundred percent of the total
estimated cost of the improvement and acts to be performed as
sec~rity for the faithful performance of this agreement;
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(2) An amount equal to at least fiftv percent of the total estimated
cost of the improvements and acts to be performed as securitv for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eaual to at least twenty-five percent of the total
est~'mated cost of the improvements and acts to be performed as
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 security 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
attorneys' fees incurred by C~ty in successfully enforcing the
obligation secured. The type of securityfurnished shall be in the
form of bonds, deposits or letters of credit as provided in Title
18 San Bernardino ~unicipal Code; and
the type shall be at the option of and subject to the approval of
the City Engineer and the City AttorneY.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, ~arwless
from any liability for damage or claims foY' damage for personal injury,
including death, as well as from claims for property damage which mav arise
from SUbdivider's or Subdivider's contractors', subcontractors', aQents'
or employees' 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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apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to ha'1e beer caused, b,v reason of anv of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, ~/aive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or cny ef the insurance policies
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,
regardless of whether 01" not City has orepared, supplied or
approved of, olans and/or spe~ifi~ations for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav~ obtained all insurance reouired under this oaragraoh and
such insurance shall have been aoproved ~v Citv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence wcrk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and aPflroved. All reauirements 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
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Subdivider shall maintain, during the life of this agreement,
Workmen's Compensation Insurance for all Subdivider's employees
employed at the site of improvement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Compensation Insurance for all
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contractor's or subcontractor's employees, unless such emplovees
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are covered by the protection afforded by Subdivider. In case
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any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
Compenstlticn 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 ei ther 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 Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
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. agreement such public liability and property damage insurance
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as shall insure City, its elective and appointive boards, commis-
s ions, offi cers, agents and emp 1 oyees, Subdi vi der <<rod any contrac
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tor or subcontractor performing work covered by this agreement
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from claims for damages for personal iniurv, including death,
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as well as from claims for property damage which may arise from
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Sub(li vider '5 or. any contractor's or subcontractor's operati ons
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hereunder, whether such operatiors 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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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
work performed under this agreement, anv structure or part of any
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structure furnished and/or insta11ed or constructed, or caused
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to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the requirements
of this agreement or the specifications referred to herein, Sub-
divider shall without delaY and without any cost to City, repair
or replace or reconstruct any defective or otherwise unsat;sfact-
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o~y part or parts of the work or structure. Should Subdivider
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fail to act promptly or in accordance with this reQuir~ment, or
should the exigencies of the SubdividGr can he notified. City may at
its option. make the necessary repairs or replacements or perform
the necessary work and Subdivider shall pay to City the actual
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cost of such repairs plus fifteen percent (15%).
Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be aoents of City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
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Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and other servi ces connected wi th 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,
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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 'Ilent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdh'iC:er's insolvency, 01' if Sllbr~ivicer, Or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of bl'each of thi s agreement, Or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance hI' SUrety or Citv
In the eVent of any SllCh noti ce, Subdivi del" s surety sha 11 ha ve
the duty to take.over and comrlete the work and the improvement
herein specified; provided, hO~lever, 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
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the performance 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 ilt 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.
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20. Noti ces
All notices herein required shall be in writing, and delivered
in person Or sent bv re.gistered 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 reouired to be given to Subdivider shall be addressed as follows:
BARRATT NORTHERN CALIFORNIA, INC.
23632 Calabasas Rd., Suite 201, Calabasas, Ca. 91302
follows:
Notices required to be given surety of Subdivider shall be addressed as
FRED S. JAMES COMPANY
P.O: BOX 7601, San Francisco, Ca. 94120
Provided t~at any party or. the. surety may change such address bv notice in
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writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS IoIiEREOF, the parties hereto have executed this agreement on
the day and vear-first above written.
ATTEST:
CORPORATE ACKNOWLEDGMENT
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State of Crll-/ PC? I<?,v ; c; }
County of Los HJE"LES 55.
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7120 122
OFFICIAL SEAL
KIM Me INERNEY
NOTfl.RY PUBLIC - CALIFORNIA (
/ : rs t'\NG:U::S COUNTY '.
My comm. expires SEP 20, 1985 ~
SUBOIVIOER
_OAODATT rM\DTUr'DM _r.AL.U:ADflJ..IJI. _ TNr
NO. 202
Onthisth~7z. day of c::::::hTOrt3E/f"' 19.abeforeme,
//?? ? e
the undersigned Notary Public, perso!1ally.appea ed ~ .
.:;:::)/"'T,,>e..::i O. nC'.,eoff'/ I//cE /~S<;;J..ZJFAJ(
,7ahAJ I/. .;J;;J..AJ.sOAJ. /f.s~.,... JE=crl/,
o personally known to me ,/ /
}it proved to me on the basis of satisfactory evidence
to 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 y hand and official seal.
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NATIONAL. NOTARY ASSOCIATION. 23012 Ventura Blvd. . P.O. Box 4825 . Woodland HUIs, CA 813M
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1 Secretary or IIssistant Secretarv, and the corporate seal affi xed. If the
2 Subdivi der is a partnership, it must be signed bv all partners. I f the
1 Subdi vi der is an individual doing business under a fictitious name, it mus t
4 be signed by all persons having an interest in the busi ness, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdivider.
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ROBERT W.' NOEL & ASSOCIATES
23701 BIRTCHER VRIVE, SUITE A
EL TORO, CALIFORNIA 92630
(714) 837-6635
NAME AND ADDRESS OF INSURED
BARRATT-NORTHERN CALIFORNIA, INC. A VELAWARE
CORPORATION VBA: BARRATT-LOS ANGELES
23632 CALABASAS ROAV #201
CALABASAS, CALIFORNIA 91302
COMPANIES AFFORDING COVERAGES
COMPANY A
LEITER
COMPANY B
lETTER
COMPANY C
lETTER
TRANSAMERICA INSURANCE COMPANY
INSURANCE COMPANY OF NORTH AMERICA
COMPANY 0
LETTER
COMPANY E
lETTER
This is to certify that policies of insurance listed below have 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 certifteate may be issued or may pertain. the insurance afforded by the policies descnbed herein is subject to all the
terms, exclusions and conditions of such policies.
POlley limitsoflla ilit in Thousan s
POLICY NUMBER EXPIRATION DATE EACH AGGREGATE
OCCURRENCE
BODILY INJURY , ,
1887 56 01 7-1-85
PROPERTY DAMAGE , ,
TYPEOf INSURANCE
GENERAL LIABILITY
A
[] COMPREHENSIVE FORM
~ PREMIS[S-QPERATIONS
r-i'A EXPLOSION AND COLLAPSE
LAl HAZARD
eM UNDERGROUND HAZARD
r7) PRODUCTSICOMPlETED
L.}II OPERATIONS HAZ,I,RO
[] CONTRH:TUAl. INSURANCE
rv BROAD FORM PRQPERT'V
L..liI. D,I,MAGE
[] INDEPENDENT CONTRACTORS
~ PERSONAL INJURY
AUTOMOBILE LIABILITY
o COMPREHENSIVE FORM
DOWNED
D HIRED
o NON-OWNED
EXCESS LIABILITY
o UMBREllA FORM
o OTHER THAN UMBREllA
FORM
B
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
C2 11 80 59 2
DESCRIPTION OF OPER,I,TIONS/lOCATIONSNEHlClES
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
, 500
, 500
PERSONAL INJURY
, INCL.
BODilY INJURY ,
(EACH PERSON)
BODilY INJURY ,
(EACH ACCIDENT)
PROPERT'V DAMAGE ,
BODilY INJURY AND
PROPERTY DAMAGE ,
COMBINED
BODILY INJURY AND
PROPERTY DAMAGE ,
COMBINED
7-1-84
JOB: TRACT 11742 - 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 mail days written notice to the below named certificate holder,~
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NAME AND ADDRESS OF CERTIFICATE HOLDER.
CITY OF SAN BERNARDINO
300 NORTH "V" STREET
SAN BERNARDINO, CALIFORNIA
ATTN: YUAN KIM
983
92418