HomeMy WebLinkAbout1979-264
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Resolution No. 79-264 was not executed
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at the time of adoption because of pending
court case. This matter has been settled
per Mr. Prince.
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RESOLUTION NO. 19-;:?t1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
FOR SUBDIVISION TRACT NO. 9498, LOCATED EAST OF PALM AVENUE AND NORTH OF
CITRUS STREET; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP;
AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION.
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 Conmon Council find that proposed Sub-
~ivision Tract No. 9498, east of Palm Avenue and north of Citrus Street,
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together with the provisions for its design and improvement, 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 Qf~aid City to execute an agreement with
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ASHTON E~TERPRISES
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for the improvements in said Subdivision Tract as are required by City
Ordinance No. 1984 and the California Subdivision Map Act, and the Judgment
for Case 189019, dated May 31,1979. Said improvements are specifically
described and shown on Drawing No. 5270 & 5626 approved and on file in the
Office of the City Engineer of the City of San Bernardino.
,?ECTION 3. The Final Map of said Subdivision Tract is hereby
approved and the City of San Bernardino hereby accepts as public property
all dedications and offers of dedications within the subdivision as shown
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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 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 Cduncil as set forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and CODDDOn Council of the City of San Bernardino at a
meeting thereof, held on the
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day of
, 19~, by the following vote, to wit:
Councilmen ~~.pA, J?)L" d., ,'ft.lAtA..i1
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NAYS:.
ABSENT: ~
~/t7/7/ 4.6~
, City Clerk
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!'Th,e foregoing resolution is hereby approved this
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Approved as to form:
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City PI. torney
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A G R E E MEN T
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(subdivision improvements)
~ 'rHIS AGREEMENT is made and entered into this ,,;{6 day of
~ I~ , 197~, by and between the CITY OF SAN BERNARDINO
4 a micipal corporation, hereinafter referred to as "City", and
5 Ashton Investments BA-026
a 1 imite'd paTtn~rship
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I hereinafter referred
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to as "Subdivider".
R E C I TAL S:
Subdivider ha~presented to Gity fqra~pr9val a final
subdivision map (hereinafter called "map") .~ntitled "
'ffiAcr NO. 9498
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The map has been filed with the City for presentation to
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the City Council (hereinafter called "Council")' of the City for
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its approval, which map is hereby referred to and incorporated
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19 highways or public ways and public utility facilities which are
herein.
Subdivider has requested approval of the map prior to the
construction and completion of improvements, including all streets,
20 a part of I or appurtenant to, the subdivision (hereinafter called
21 "subdivision") designated in the map, all in accordance with, and
22 as required by, the plans and specifications for all 0'- any of
23 :said improvements in, appurtenant to, or outside the limits of
24 subdivision, which plans and specifications are now on file in the
25 office of the City Engineer of City.
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Council has approved said map and accepted the dedications
27 therein offered, or some thereof, on condition that Subdivider
~irst ent~ into and-execute this agreement with City.
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ImprovemeQts shall include thaconstruction of Citrus &treet,
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as stipulated in the Judgement for Case No. 189019, dated May 31,
1979.
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This agreement is executed pursuant to the provisions of
2 he Subdivision Map Act of the State of California and Ordinance
3 , o. 1984 of City.
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NOW, THEREFORE, for and in consideration of the approval
5 f the map and of the acceptance of the dedications or some thereof,
6 therein offered, and in order to insure satisfactory performance
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y Subdivider of Subdivider's obligations under said Subdivision
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ap 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 herein~
before specified, or with any changes required or
ordered by said Engineer, which in his opinion are
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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
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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 bffice, and to the satisfaction of said City
Engineer.
3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of saiQ
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work to be within
TWO (2) YEARS .
(Except for Citrus Street which shall
be completed within ninety (90) days
after entry of Judgement for case No.
189019, dated May 31, 1979)
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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,
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in the event good cause is shown therefor, the City
Engineer may extend the time for completion of the
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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 I
liabil;ity on the bond to secure the faithful performancel
of this agreement. The City Engineer shall be the sole I
and final judge as to whether or not good cause has been
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shown to entitle Subdivider to an extension.
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5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair,
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or have repaired, as the case may be, all pipes and
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monuments shown on the map which have been destroyed
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or damaged, and Subdivider shall replace or have re-
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placed, repair, or have repaired, as the case may be,
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or pay to the owner, the entire cost of replacement or
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repairs, of any and all property damaged or destroyed
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by reason of any work done hereunder, whether such
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property be owned by the United States or any agency
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thereof, or the State of California, or any agency or
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political subdivision thereof, or by the City or by
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any public or private corporation, or by any person
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whomsoever, or by any combination of such owners.
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such repair or replacement shall be to the satisfaction.
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and subject to the approval, of the City Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the
area delineated on the map, a written statement signed
by Subdivider, and each public utility corporation in-
volved, to the effect that Subdivider has made all
deposits legally required by such public utility corpor-
ation for the connection of any and all public utilities
to be supplied by such public utility corporation
within the subdivision.
7. Permits: Compliance with 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 Subdivision Map Act
and City Ordinance No. 1984.
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 wbrk 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
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is in preparation.
10. Contract security
Concurrently with the execution hereof, Subdivider shall
furnish to City improvement'$ecurity as follows:
(1) An amount equal to at least one hundred percent
of the total estimated cost of the improvements
and acts to be performed as s~curityfor the
faithful performance of this agreement;
(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 'the payment of aU
persons performing. labor and furnishing materialS
in connection with this agreement; and
(3) An amount equal to at least twenty-five percent
of the total estimated cost of the improvements
and acts to be performed as security for the guar-
antee and warranty of the work for a period of on~
(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 by the security and in addi-
tion 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 City Ordinance No. 1984
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and the type shall be at the option of and subject
to the approval of the City Engineer and the City
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Attorney.
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11. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its
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elective and appointive boards, commissions, officers,
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agents and employees, harmless from an~ liability for
damage or claims for damage for personal injury,' inclu-
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ding death, as well as from claims for property damage
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which may arise from SUbdivider's or subdivider's con-
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tractors', subcontractors', agents' or employees'
operations under this agreement, whether such operation;
be by Subdivider or by any of Subdivider's contractors,
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subcontractors, or by anyone or more persons directly
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or indirectly employed by, or acting as agent for,
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Subdivider or any of Subdivider's contractors or subcon-
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tractors. Subdivider agrees to, and shall, defend
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City, and its elective and appointive boards, commissio.s.
officers, agents and employees from any suits or action
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at law or in equity for damages caused, or alleged to
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have been caused, by reason of any of the aforesaid
operations, provided as follows:
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a. That City does not, and shall not, waive any rights
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against Subdivider which it may have by reason of
the aforesaid hold harmless agreement, because of
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of the acceptance by City, or the deposit with City!
by Subdivider, of any of the insurance policies
described in Paragraph 12 hereof.
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b. That the aforesaid hold harmless agreement by Sub-
divider shall aPIly to all damages and claims for
damages of every kind suffered, or alleged to
have been suffered, by reason of any of the afore-
said operations referred to in this paragraph, re-
gardless of whether or not City has prepared,
supplied or approved of, plans and/or specification
for the subdivision, or regardless of whether or
not such insurance policies shall have been deter-
mined to be applicable to any of such damages or
claims for damages.
Subdivider's Insurance
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Subdivider shall not commence work under this agreement
until Subdivider shall have obtained all insurance
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount
and carrier, nor shall Subdivider allow any contractor
or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained
and approved. All requirements herein provided shall
appear either in the body of the insurance policies or
as endorsements and shall specifically bind the insur-
ance carrier.
a. Compensation Insurance
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation Insurance for all
Subdivider's employees employed at the site of im-
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provement, and in case any work is sublet, SubdividEr
shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insurance
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for all contractor's or subcontractor's employees,
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unless such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at the
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site of the project is not protected under any
Workmen.' s Compensation law, Subdivider shall providE!
and shall cause each contractor and subcontractor tol
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P Dvide, adequate insurance for the protection of
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employees not. otheJ;."Wise protected. Subdivider shall!
indemnify City for any damage resulting to it from
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failure of either Subdivider or any contractor or
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subcontractor to take out or maintain such insurance
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b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the Ii e
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of this agreement such public liability and property
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damage insurance as shall insure City, its elective
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and appointive boards, commissions, officers, agents
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and employees, Subdivider and any contractor or sub-
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contractor performing work covered by this agreement
from claims for damages for personal injury, inclu-
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ding death, as well as from claims for property
damage which may arise from Subdivider's or any
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contractor's or subcontractor's operations hereunder,
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whether such operations be by Subdivider or any
contractor or SUbcontractor, or by anyone directly
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or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of slIcq
insurance shall be as follows:
(1) Public Liability Insurance
In an amount not less than $ 100,000.00 fo;:
injuries, including, but not limited to, death,
to anyone person and, subject to the same
limit for each person, in an amount not less
than $ 300,000.00
on account of anyone
occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
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damage to the property of each person on accoun
of anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such policy shall
contain a standard form of cross-liability endorse-
ment, insuring on such policy City, its elective
and appointive boards, commissions, officers, ag~nts
and employees, Subdivider and any contractor or sub-
contractor performing work covered br this agreement.
13. 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 City at least ten days' prior notice
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of the cancellation or reduction in coverage of any
policy during the effective period of this agreement.
14. Title to Improvements
Title to, and ownership
hereunder by Subdivider
,of, all improvements constructed
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shan vest absolutely in City,
upon completion and acceptance of such improvements by
City.
15. Repair or Reconstruction of De(ective Work
If, within a period of on'e ye~Il:" after final acceptance
of the work performed under this agreement, any struct~re
or part of any structure furnished and/or installed or
constructed, or caused to be .installed or constructed by
subdivider, or any of the work done under this agreemeht,
fails to fulfill any of the requirements of this agree-
ment or the specifications referred to herein, Subdivider
shall without delay and without any cost to City, repair
or replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the work or structur~.
Should Subdivider fail to act promptly or in accordance
with this requirement, or should the exigencies of the
Subdivider can be notified, City may, at its option,
make the necessary repairs or replacements or perfon.
the necessary work and Subdivider shall pay to City the.
actual cost of such repairs plus fifteen percent (15~i.
16. Subdivider Not Agent of City
Neither Subdvider nor any of Subdivider's agents or con-
tractors are or shall be considered to be agents of City
in connection with the performance of Subdivider's obli-
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gations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit 1
fees for all engineering inspections and other service
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connected with the City in regard to the subdivision. !
Said fees shall be paid prior to commencing any con-
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struction.
Notice of Breach and Default I
If Subdivider refuses or fails to obtain prosecution .J
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the work, 0 r any severable part thereof, with such j
diligence as will insure its completion within the tim
specified, or any extensions thereof, or fails to obta n
completion of said work within such time, or if the
Subdivider should be adjudged a bankrupt, or Subdivide
should make a general assignment for the benefit of
Subdivider's creditors, or if a receiver should be
appointed in the event of Subdivider's insolvency, or f
Subdivider, or any of Subdivider's contractors, subcon
tractors, agents or employees, should violate any of t'e
provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and S b-
divider's surety of breach of this agreement, or of an}
portion thereof, and default of Subdivider.
19. Breach of Agreement: Performance by Surety or City
In the event of any such notice, Subdivider's surety
shall have the duty to take over and complete the work
and the improvement herein specified; provided, however,
that if the surety, within five days after the serving
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upon it of such notice of breach, does not give City
written notice of its intention to take over the perfor
mance of the contract, and does not commence performanc
thereof within five days ~fter notice to City of such
election, City may take over the work and prosecute the
same to completion, by co~tract or by any other method
City may deem advisable, for the account and at the
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expense of Subdivider, and Subdivider's surety shall be'
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liable to City for any excess cost or damages occasione
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City thereby; and, in such event, pity, without liabili y
for so doing, may take possession of, and utilize in
completing 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 shall be in writing, and de!
livered in person or sent by registered mail, postage
prepaid.
Notices required to be given to City~hall be addressed
as follows: City Administrator, City Hall, 300 North
"D" Street, San Bernardino, California 92418.
Notices required to be given to Subdivider shall be
Ashton Investments BA-026
addressed as fOllows; a limitedpin:tnetship
17632 Irvine Blvd. Suite z. Tustin Calif. 92680
Notices required to be. given surety of Subdivider shall
be addressed as follows:
American Motorist Insurance Co.
c/o Al Barker Bonds. 685 Carondlet St.. Los Angeles, CA 90057
Provided that any party or the surety may change such
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20 , executed in the corporate name and signed by the President or a
21 I Vice-President and the Secretary or Assistant Secretary, and the
icorporate seal affixed. If the Subdivider is a partnership, it
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!must be signed by all partners.
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"doing business under a fictitious name, it must be signed by all
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Ipersons having an interest in the business, and the fictitious
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Iname must be signed also.
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,Subdivider.
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address by 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 year first above written.
ATTEST:
CJ.ty Clerk
~ as to foem,
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CJ.ty ttorney
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be
If the SUbdivider is an individual
The agreement must be notarized by the
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STATE OF CALIFORNIA, f
Orange ss.
COUNTY OF
ON June 25 ,19~,
before me, the undersigned, a Notary Public in and for said State, personally appeared
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Berj Aghadjian
8) OFFICIAL SEAL ' known to me,
. ROBERTA I.. MAHLSTEDT to be the person_ whose name_ subscribed to the within Instrument,
NOTARY PUBLIC. CAliFORNIA and acknowledged to me that _he_ executed the same.
ORANGE COUNTY
My ....m. expires OCT 3, 11181 WITNESS my hand and official SEal.
~.r..J ~~/.:~.lA
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Notary Public in and for said State.
Roberta L. Mahlstedt
ACKNOWLEOGMENT-Generlll Wolcott! Form 233-Rev. 3-64