HomeMy WebLinkAbout1983-395
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RESOLUTION NO.
83-395
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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. 11743, LOCATED SOUTH OF NORTHPARK BOULEVARD, NORTH OF 48TH
STREET AND WEST OF LITTLE MOUNTAIN DRIVE.
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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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proposed Subdivision Tract No. 11743, located south of
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Northpark Boulevard, north of 48th Street and west of Little
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Mountain Drive, together with the provisions for its design and
improvements, is consistent with the General Plan of the City
of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino
is authorized on behalf of said City to execute an agreement
with Barratt Northern California Inc., and release the existing
agreement with Barratt Southern California Inc., for the
improvements in said subdivision Tract as are required by Title
18, Municipal C~de 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'sub~i~ision.
The City Clerk shall certify the
approval and acceptance of the Mayor and Common Council as set
forth in thi~ 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
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Bernardino at a
reaulFlr
meeting thereof, held on the
21st
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to-wit:
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c:2/JJf
day of
1983, by the following vote,
Novembp.r
AYES:
Council Members
Castaneda, Reilly, Hernandez,
Marks, Quiel, Frazier, Strickler
NAYS:
None
ABSENT:
None
~.AIN
, City Clerk
The foregoing resolution is hereby approved this
day of
November
, 1983.
Approved as to form:
t??~#P~/
City Att rney
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A~E..LUH..t!1
(subdivision improvements)
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THIS AGREEMENT is made and entered into this dV4 day of
~~ ' 1985, 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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E.IflTAhi:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled"
TRACT 11743
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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-
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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 subdi vi si on (herei nafter called "subdi vi sion")
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
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i 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 Subdi,vider's own expense, jn 'a good and
workmanlike manner, and furnish all required materials,
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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
specifi ed, or with any changes req~ired 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 Corrrnencement 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 isof the essence of this agreement; provided, that in the
event good cause is shown therefor, the City En~ineer ma," extend
the time for completion of the improvements hereunder. Any such
extension m~y 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 jud~e as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion..
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 destroYed or damaged, and Subdivider shall re-
pla~e cr. have replaced, repair, or have repaired, as the case may be,
or pay to the o~ner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed by 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 a~encv or
political subdivision thereof, or by the City or by any public or
private corporation, or bV any 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 City Engineer.
6. Utilitv Deposits - Statement
Subdivider shall file with the City Clerk, prior to the commencement
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of any work to be performed within the area delineated on the map,
a written statement signed by Subdivider, and each pUblic utilitv
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 corporation within the Subdivision.
7. Permits: Compliance \~ith Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes required 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~v 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 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 City improvement securi~y 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 fifty 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 equal 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 warranty of the work for a period of
one (1) year following the completion and acceptance thereof against
any defective work or labor done, or defective materials furnished~
As a part of the obligation guaranteed bv the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deposits or letters of credit as provided in.Title
18 San 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, rarwless
from any liability for damage or claims for' damage for personal injury,
including death, as \~ell as from claims for property damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
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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appointive boards, commissions, pfficers, agents and employees
from any suits or actions at law or in eauitv for damages caused,
or alleged to ha\7e bee" caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not, waive anv rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
depos i t with Citvby Subdivi der, or c.ny of the insurance pol i ci e<
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for dama~es qf every kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether 01" riot Citv has prepared, supplied or
approved of, nlans and/or specifications 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.
19 12. Subdivider's Insurance
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Subdivider shall not commence work under this agreement until Subdivider
shall havl~ obtained all insurancereauired under this paragraph and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence ~crk cn his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and ap[lroved. All reouil"ements herein provided
shall appear 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 Comoensation Insurance for all
contractor's or subcontractor's emoloyees, unless such emoloyees
are covered by the protection afforded by Subdivider. 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
Compr:nsvtion 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 City for,anv damage resulting to it from failure
ofei ther Subdivider or any cOntractor or subcontractor to take
out or maintain suC;h 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 apoointiveboards, commis-
sions, officers, agents and emoloyees, Subdivider ar.d any contrac~
tor or subcontractor performing work covePed by this agreement
from claims for damages for personal in.iurv, including death,
as well as from claims for property damage which may arise from
Sub('ivider's 01' any contractor's or s <JbcorttractoT' 's operati ons
hereunder, whether such operati ors be by Subdi vi del" or any
contractor or subcontractor, or bv anyone di rectly 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 less 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
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damage to the property of each person on account of any
one occurrence.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entitv, oerson,
board or commission other than those mentioned in this para-
graph, such pol icy shall contain a standard form of cross-
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 bv this agreement.
Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory 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 Qeriod 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 Ci ty.
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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, any structure or part of any
structure furni shed and/or insta 11 ed or cons tructed, or caused
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 specifi cations referred to herein, Sub-
divider shall without del~y and without any cost to City, repair
or repl ace or reconstruct any defective or otherwise unsat~sfact-
orY part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdividc:r can be notified,Citv may at
its option, make the necessary repairs or replacements "or oerform
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
Subdivider shall p~y 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 oaid prior to
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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 anv 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 l1ent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdivider's insolvencv, 01' if Sllb~ivicer, or any of Subdivider's
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contractors, subcontractors, agents or employees, should violate
any of the provisions of this agl'eement, City Engineer or Citv
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement,or of any portion thereof,
and default of Subdivider.
19 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 ana complete the work and the improvement
herein specified; provided, however, that if the surety, within
five days after the servtng ufJon ifof such notice of breach,
does not' give City written notice of its intention to take over
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 a,t the expense of SubdividEr, and Subdivider's
surety shall be liable to City for ail,V 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.
20. Notices'
All notices herein required shallbein 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:
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City Administrator, City Hall, 300 North "D" Street, San Bernardino,
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California 92418.
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Notices required to be given to Subdivider shall be addressed as follows:
BARRATT NORTHERN CALIFORNIA, INC.
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23632 Calabasas Rd. , Suite 201, Calabasas, Ca. 91302
Notices required to be given surety of Subdivider shall be addressed as
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follows:
FRED S. JAMES COMPANY
9 P.O. BOX 7601 ,San Francisco, Ca. 94120
10 PrOVided that any party or the surety.may change such address bv notice in
11 writing to the other party and thereafter notices shall be addressed and
12 transmitted to the new address.
13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14 the day and year fi rstabove written.
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~I_.
ty Clerk
16 ATTEST:
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SUBDIVIDER
"'An.nIJTT llnnTurnrJ.
'-"_AI TCOD.l1 T..4... _ I-Mr
CORPORATE ACKNOWLEDGMENT
NO. 202
State of C,qt--i Po R A.J ; <7
County of ,ks fi~ et..Er
} 55.
Onthist~S~aYOf Q,TOtfSe€
19P.. ~ before me,
~.""
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f'--~'~i~;~. ,;:
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OFFICIAL SEAL
K!M Me !NERNEY
NOT,lIRY PUBLIC - CAUF'ORNIA !I
i,:,S P.~1GHES CO'JNTY
My comm. expires ~:p 20, 1985 {
/ ;{/
the undersigned Notary Public, p~rsonally app' red A. ._
::;T/TrnGoS b. rnB/GF~ (,//c€ r ;:i!"'E.f I:l:>EIOI
VOhAJ II. VOhA.JJ'OA)...: 4s;..s.T. Sse)' y.,
o personally known to me
"1- 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 my hand and official seal.
7120122
NATIONAL NOTARY ASSocIATION. 23012 Ventura BM:I. . P.O. Box 4125 . Woodland Hilla, CA. 91314
,
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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 by the
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
LEITER
COMPANY
LETTER
COMPANY
LETTER
COMPANY
lETTER
COMPANY
lITTER
A
B
C
o
E
TRANSAMERICA INSURANCE COMPANY
INSURANCE COMPANY OF NORTH AMERICA
This is to certify thl!lt 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 centrad 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.
COMPANY
lETTER
TYPE Of INSURANCE
POLICY NUMBER
GENERAL LIABILITY
A
~ COMPREHENSIVE FORM
~ PR[M'Srs-oPERATlQN$
a EXPLOSION AND COLLAPSE
HAZARD
cg UNDERGROUND HAZARD
[] PRQOUCTSICOMPLET[O
OPERATIONS HAZARD
C8: CONTRACTUAL INSURANCE
C8: BROAD FORM PROPERTY
DAMAGE
~'NDEPENDENT CONTRACTORS
[] PERSONAL INJURY
1887 56 01
AUTOMOBILE LIABILITY
D COMPREHENSIVE FORM
DOWNED
D HIRED
D NON..QWNED
EXCESS LIABILITY
D UMBRELLA FORM
D OTHER THAN UMBRELLA
FORM
B
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
C2 11 80 59 2
DESCRIPTION OF OPERATlONSlLOCATK>NSNEHICLES
POLICY
EXPIRATION DATE
limits of Llabilit In T ousan s
EACH
OCCURRENCE
BODilY INJURY
.
7-1- 85
PROPERTY DAMAGE
.
BODILY INJURY AND
PROPERTY DAMAGE
COMBINEO
. 500
PERSONAL INJURY
BODILY INJURY .
(EACH PERSON)
BODILY INJURY .
(EACH ACCIDENT)
PROPERTY DAMAGE .
BODILY INJURY AND
PROPERTY DAMAGE .
COMBINED
BODIL Y INJURY AND
PROPERTY DAMAGE .
COMBINED
7-1-84
JOB: TRACT 11743 - WOOVSIVE AKA: COLLEGE PARK - SAN BERNARDINO, CALIFORNIA
AGGREGATE
.
.
. 500
. I NCL.
Cancellation: Should any of the above described pOlicies be cancelled before the expiration date thereof. the issuing com-
pany will ~ mail -3a- days written notice to the below named certificate holder.){)(~
~,
NAME AND ADDRESS OF CERTIFICATE HOLDER"
CITY OF SAN BERNARDINO
300 NORTH "V" STREET
SAN BERNARDINO, CALIFORNIA
ATTN: YUAN KIM
92418
NOVEMBER 17, 1983
B~NOELrASSDrn