HomeMy WebLinkAbout1984-492
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RESOLUTION NO. 84 -4 92
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR
UBDIVISION TRACT NO. 12051, LOCATED NORTHEASTERLY OF THE 1-215 FREEWAY, SOUTH
3 F THE EXTENSION OF COLLEGE AVENUE AND EAST OF UNIVERSITY PARKWAY; ACCEPTING
HE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF
4 HE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH
IME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 ERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that the proposed Sub-
8 ivision Tract No. 12051, located Northeasterly of the 1-215 Freeway, South of
9 the extension of College Avenue and East of University Parkway, together with
10 the provisions for its design and improvements, is consistent with the General
11 Plan of the City of San Bernardino.
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SECTION 2. The Mayor of the City of San Bernardino is authorized on
behalf of said City to execute the standard form of agreement adopted by
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Resolution No. 84-8 with Citation Homes, for the improvements in said subdivi-
sion tract as are required by Title 18 of the San Bernardino Municipal Code and
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16 the California Subdivision Map Act. The time for performance is specified at
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24 months. Said improvements are specifically described and shown on Drawing
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Nos. 6487, 6488 and 6489 approved and on file in the Office of the City Engi-
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neer of the City of San Bernardino.
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SECTION 3. The final map of said subdivision tract is hereby
approved and the City of San 8ernardino hereby accepts as public property all
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dedications within the subdivision as shown on said final map for streets,
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alleys, (including access rights), drainage and other public easements. As a
conditi on precedent to approva 1 of the fi na 1 map, the Subdi vi der shall fi rst
execute the agreement referenced in Section 2 hereof for the improvements with-
in said subdivision. The City Clerk shall certify the approval and acceptance
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of the Mayor and Common Council 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 regular
meeting thereof, held on the 19th
day of
, 1984, by
NoveMber
the following vote, to-wit:
AYES:
Council Members Fei 11 v. MArks. 0nip1 .St:r; "k1 pr
NAYS:
ABSENT:
None
Council Members Castaneda, Hernandez, Frazier
_ vfhcu_.c\A1C:- CU*J~ ..[11
Clty Cler JI1Y
c-;7). -)() ,
The foregoi ng reso 1 uti on is hereby approved thi s c:2 /...4f-
day of
November
, 1984.
Approved as to form:
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A'@'.!H.IM.Uil
(subdivision improvements)
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THIS AGREEMENT is made and entered into thi s d2 ( day of
Lr]ff~~' 19s! by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
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CITATION HOMES, a partnership
, hereinafter referred to as
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"Subdivider".
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E.If..!.I~.!:.~:
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled II Tract 12051
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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
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
from the date hereof.
24 /10nths
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 Engineer may 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 judge 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-
place or 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 destroyed by reason of any work done
hereunder, whether such propertv be owned by the United States or
any agency thereof, or the State of California, or any agency or
~, ". . .
political subdivision thereof, or by the City or by any nublic 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.
Utilitv Deoosits - Statement
Subdivider shall file with the Ci~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 by Subdivider, and each public utility
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public util ity corporation for
the connection of any and all public utilities to be supplied by
such public utili~y corporation within the Subdivision.
7. Permits: 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
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.
g. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv 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) l\n amount equal to at least one hundred percent 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 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 ampunt equal to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be performed 25
security for the guarantee and warrantv 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 by the securitv and in add-
ition to the face amount of the securitv, there shall be included
costs and reasonable expenses and fees, including reasonable
attorneys' fees incurred by Citv 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 Municipal Code; and
the type shall be at the option of and subject to the approval of
the Citv Engineer and the Citv Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, f.amless
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 I, agents'
or empl~yees' operations under this agreement, whether such operations
be by Subdi vi der or by any of Subdivi der' 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 arree5 to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and employees
from any suits or actions at law or in eouity for damages caused,
or alleged to have beer caused, by reason of anv 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 bv City, or the
deposit with City by Subdivider, or ~_ny cf the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and clairos for damages of every kind
suffered, or alleged to have been suffered, by reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether or- not City has orepared, supplied or
approved of, plans 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.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havl~ obtained all insurance reouired under this paragranh and
such insurance shall have been approved by Citv Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence ~Icrk cn hi s 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 endorse-
ments and shall specificallv bind the insurance carrier.
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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 improvement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's employees, unless such employees
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,nsation Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise protected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or any contractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and property damage insurance
as shall insure City, its elective and appointive boards, commis-
sions, officers, agents and employees, Subdivider ar.d any contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for personal injury, including death,
as well as from claims for property damage which may arise from
Subdi vider' 5 01' any contractor's or subcontractor's operati ons
hereunder, whether such operatiol1s be by Subdivider or any
contractor or subcontractor, or by anyone directly or indirectly
employed bv 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 ~ess 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 anv entitv, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cross-
1 iability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor c.r subcortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish Citv concurrentlv 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 poli~y during the effective Qeriod of this agreement.
14. Title to Improvements
Title to, and m~nership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in CitY, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
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work performed under thi s agreement, any structure or nart of any
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strllcture fllrni~hec and/or installed or constructed, or caused
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to be installed or constructed by Subdivider, or anv 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, repair
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or replace or reconstruct anv defective or otherwise unsatcsfact-
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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 requirement, or
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should the exigencies of the SubdividGr can he rotified, City may at
its option, make the necessary repairs or replacements or perform
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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
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Neither Subdivider nor any of Subdivider's agents or contractors
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are or shall be considered to be ~gents of City in connection with
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the performance of Subdivider's Obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engineering inspections and other services connected with the City
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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
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If Subdivider refuses or fails to obtain prosecution of the work,
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or any severable part thereof, with such diliqence as will insure
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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 assiCln l1ent for the benefit of Subdivider's
creditors, or if a receiver shoul d be appointed in the event of
Subd1\'iC:er's insolvency, 01" if S\lbc~ividH, or any of Subdivider's
contractors, subcontractors, agents or employees, shoul d 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 pnrtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance 0" Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take ov,;r and comnlete 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 give City written notice of its intention to take over
the performance of the contract, and does not commence performRnce
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 at 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 liabi-
li~v 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.
20. Noti ces
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
CITATION Hm1ES, 17731 Irvine Blvd., Suite 201, Tustin, CA 92680
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Notices required to be given surety of Subdivider shall be addressed as
follows:
Provided t~at any party or the surety may change suc~ address bv notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the dav and year first above written.
ATTEST:
0jYH~YlC'-
tity Clerk
(!{O-J<. , ,
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j).. .
SUBDIVIDER
CITATION HOlIES,
Approvec as to form:
Bv'
. G. LI ON, JR., Dev opment tlanage
CITATION BUILDERS, a partnership
By:
Citv Attornev
INSTRUCTIONS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President and the
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TO 1946 CA (8"74)
~
On this..1l- of Oc tob er , 19 ~ , before me Sharon E. McArthur
, a Notary Public in and for said county and state, personally appeared
F. G. LINTON. JR. ,personally known to me (or proved to me on the basis of satisfactory
evidence) to be the Development Manager
of a partnership that executed the within instrument on b&
half of said partnership. Said partnership being known to me
to be one of the partners of CITATION HOMES, the partner-
ship that executed the within instrument and acknowledged
to me that such partnership executed the same as such
partner and that such partnership executed the same.
STATE OF CALIFORNIA
COUNTY OF ORANGE
} 55.
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Signatur
OFFICIAL SEAL
SHARON E. McARTHUR
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My Comm. Expires Sept. 27,1985
(This area for official notarial seal)
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Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
Subdiyider is a partnership, it must be signed bv all partners. If the
Subdiyider is an indiyidual doing business under a fictitious name, it must
be signed by all persons haying an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdiyider.
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JOHN 8ROOKS & COMPANY
P. 0, BOX 485
SAN LEANDRO, CA 94577
!NSURED
TillS CERTIFlCATI IS ISSUED AS A MATTER OF _ _lION ONLY AND COllFERS
rill RIGHTS UPON 'HE CERTF1CAT 'HOUIER. THIS I ERTFICA'rE DOES NOT UEND,
"m.EI~D DR ALTE I THE COYERAG'! AFFORDED BY THE POLICES BELOW.
CO IIPANIES ~,FFORDING COVERAGE
cr'MI>ANY A
UTTER
EMPLOYERS INSURANCE OF WAUSAU
OClMPANY B
LETTER
CONTINENTAL INS. CO. (C/O BROWN
COMPANY C
LETTER
--
I,; ()~I
CITATION BUILDERS ETAL.
P. O. BOX 2359
SAN LEANDRO, CA 94577
COMPANY D
LETTER
E
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE U$TED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOOINDlCATEO.
NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAi' PE~TAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU THE TERMS, EXCLUSIONS. AND CONDI~
lIONS OF SUCH POLICIES.
CO
LTR
TYPE OF INSURANCE
GENERAL LIABILITY
X COMPREHENSIVE FORM
X PREMISES/OPERATIONS
UNDERGROUND
A X EXPLOSION & COLLAPSE HAZARD
X PROOUCTSlCOMPLETEO OPERATIONS
X CONTRACTUAL
X INDEPENDENT CONTRACTORS
X BROAD FORM PROPERTY DAMAGE
X PERSONAL INJURY
AUTOMOBILE LIABILITY
X ANY AUTO
AlL OWNED AUTOS (PRIV. PASS.)
All OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON-OWNEO AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELlA FORM
WDRKERS' COMPENSATION
AND
EMPLOYERS' UABlUTY
OTHER
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DA.TE(MMIODIYV) DATE (MMIOOIVY}
BODilY $ $
INJURY
PROPERTY $ $
01/01/84 01/01/85 DAMAGE
81 & PO $500 $ 500
COMBINED
PERSONAL INJURY $ 500
rmL' $
01/01/84 01/01/85 ""'"
(PERP8lOlNI
....,
OW" $
(PERAIlJJENT)
~~TY $
..& PD $600
COMBtNEO
..&PD $
01/01/84 01/01/85 COMBINED 20,000
0625 00 038205
0625 02 038205
LX 2101469
0615 00 038205
01/01/84
(EACH AGClOEfIT)
(OISEASE.f'Ol1CY LIMIT)
(rnSEASE.EACH EMPLOYEE)
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlSPECIAL ITEMS
THE CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED AS RESPECTS WORK PERFORMED
FOR IT OR ON ITS BEHALF OR ON BEHALF OF THE NAMED INSURED.