HomeMy WebLinkAbout1989-115
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3/30/89
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RESOLUTION NO.
89-115
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13619, LOCATED AT THE
3 SOUTHWESTERLY CORNER OF OLIVE AVENUE AND VERDEMONT DRIVE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
4 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
5 SPECIFIED.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that
9 proposed
Subdivision
13619,
located
the
at
Tract
No.
southwesterly corner of Olive Avenue and Verdemont 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 the standard form of
agreement
adopted
Resolution
84-8
with
Monnig
by
No.
Development, Inc., a California corporation, for the improvements
in said subdivision tract as are required by Title 18 of the San
Bernardino Municipal Code and the California Subdivision Map Act.
Section 12(b) (1) of said Agreement is hereby amended to require
public liability insurance in an amount of not less than $250,000
per person and $500,000 per occurrence. The time for performance
is specified at 24 months.
Said improvements are specifically
described and shown on Drawings approved and on file in the
Office of the City Engineer of the City of San Bernardino.
SECTION 3:
The Final Map of said subdivision tract is
hereby approved and the City of San Bernardino hereby accepts as
public property all dedications within the subdivision as shown
on said Final Map for streets, alleys, (including access rights),
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,.RESO:,' APPROVING THE FINAL MAP FOR SUBDIVISION. TAAC;T NO'. 13619
1 drainage and other public easements. As a condition precedent to
2 approval of the Final Map, the Subdivider shall first execute the
3 agreement referenced in Section 2 hereof for the improvements
4 within said subdivision.
The City Clerk shall certify the
5 approval and acceptance of the Mayor and Common Council as set
6 forth in this resolution.
7 I HEREBY CERTIFY that the foregoing resolution was duly
8 adopted by the Mayor and Common Council of the City of San
9 Bernardino at a
regular
meeting thereof, held on the
10 17th day of
11 wit:
April
, 1989, by the following vote, to-
AYES:
Council Members
Estrada, Reilly, Flores,
Maudsley, Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
~?~~$
.' Ci ty Clerk
The foregoing resolution is hereby approved this /9c~
day of
, 1989.
April
,/1
'j
)t / /)/) (~ /'.
cp~Zu--"j /, A-f~;r
lyn Wilcox, ,yor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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II .
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A G R E E MEN T
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(subdivision improvements)
THIS AGREEMENT is made and entered into this 07?/e~day of
r:~
, 1987' by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "Cityll, and
Monnig'Development Incorporated for
One Twenty four Limited Partnership , hereinafter referred to as
"Subdivider".
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "mapll) entitled II 13619
II
The map has been filed with the City for presentation to the City
Counc i 1 (herei na fter ca 11 ed "Counci 111) of the Ci ty for its approva 1 ,
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 IIsubdiv;sionll)
designated in the map, all in accordance with, and as required by, the
plans and specificatio~s 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 perfoYinance 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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---------l
work to be within
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 may extend
the time for completion of the improvements hereunder. Any such
extension may be granted without no~ice 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 renair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
place or have replaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replac~ment or repairs, of
any and all property damaged or destroyed by reason of any work done
hereunder, whether such property be owned bv the Uni ted States or
any agen~y thereof, or the State of California, or any agencv or
political subdivision thereof, or by the City or by any public or
private corporation, or by any person whomsoever, or bv any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the Ci~v Engineer.
6. Utility Deoosits - Statement
Subdivider shall file with the City Clerk, rrior to the commencement
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of any work to be performed within the area delineated on the map,
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a written statement signed by Subdivider, and each public utility
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corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of a~y and all public utilities to be supplied by
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such public utility cornortttion within the Subdivision.
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Permits:
Compliance with Law
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Subdivider shall, at Subdivider's expense, obtain all necessary
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permits and licenses for the construction of such improvements,
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give all necessary notices and pay all fees and taxes recuired by
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law. Subdivider shall compl.y with aJl 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
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said improvement, or have a competent foreman or Superintendent,
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satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities and
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provide safe access for inspection bv City, to all Darts cf the
work, and to the shops wherein the work is in preparation.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
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to City improvement security as follows:
(1) !~n amount E.'qual to a.t least one hundred Dercent of the total
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estimated cost of the improvement and acts to be performed as
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security for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the improvements and acts to be performed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An am,ount equal to at least twenty-five percent of the total
est~'ffiated cost of the improvements and acts to be nerfc;rrned 2S
security for the guarantee and warranty of the work for a oeriod 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
costs and reasonable expenses and fees) including reasonable
attorneys' fees incurred by Ci ty in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds) deposits or letters of credit as proyided in Title
18 San Bernardino Munici~al Code; and
the type shall be at the option of and subject to the apnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall) hold City) its elective and
appointive boards) commissions) officers, agents and employees, rarrrless
from any liability for damage or claims foy' damage for personal injurv,
including death) -as well as from claims for property damage which may arise
from Subdivider's or Subdividerls contractors') subcontractors', agents I
or employees' operations under ~his agreement) whether such operations
be by Subdivide~ or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectl~ employed by, or
acting as agent for) Subdivider or any of Subdividerls contractors or
subcontractors. Subdivider arrees to) and shall) defend City, and its
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appointive boards, co~m;ss;ons, officers, agents and emoloyees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, by reason of any 07 the aforesaid
operations, provided as follows:
a. That Cit.v does not, and shall not,< 'tJaive any 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 Cit.v by Subdivider, or C'.n~' cf the insurance Dolic;es
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of 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 or not Citv has nrepared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurance po11cies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall hav~ obtained all insurance required under this oaragranh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to commence \'lcrk en hi s contract or sub.,contract unti 1 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 specificallY bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, durin9 the life of this agreement,
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Workmen's Compensation Insurance for all Subdivider1s emoloyees
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employed at the site of imorovement, and in case anv work is
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su~let, Subdivider shall require any contractor or suhcontractor
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similarly to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's employees, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any class of emnloyees engaged in work under this agreement at
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the site of the project is not protected under any Workmen IS
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C0mpr:nsvtion Law, Subdivider shall prcvide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protectio~ of employees not otherwise nrotected. Subdivider
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shall indemnify Citv for anv damage resulting to it from failure
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of either Subdivider or any cOntractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Propertv Damage Insurance
Subdivider shall take out and maintain durinq 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 anpointive boards, commis-
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sions, officers, agents and employees, Subdivider a~d 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 injurv, including rleath,
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as well as from claims for property damage which may arise from
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Subdivider's Qt' any contractor's or subcontractor's operations
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hereunder, whether such operatio~s be by Subdivider or any
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contractor or subcontractor, or bv anyone directly or indirectly
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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 ~(ss than $ 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 $
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $ for
damage to the pronerty 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 entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subcortractor
performing work covered bv 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 of the cancellation or reduction in coverage of
any policy during the effective Deriod of this agreement.
14. 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 City.
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15. Repair or Reconstruction of Defective Work
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If, within a period of one year after final accertance of the
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work performed under this agreement, anv structure or rart of any
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structllre furni:,hec ('.nd/or insta11ed or constructed, or caused
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to be installed or constructed by Subdivider, or anv of the work
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done under this agreement, fails to fulfill any of the reQuirements
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of this agreement or the specifications referred to herein, Sub-
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divider shall without delay and without an,v cost to City, renair
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or re p 1 ace 0 r r e con s t ru c t a nv de f e c t i ve 0 rot he Y\AJ i s e un s (~ t ~ s fa c t -
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ory part or parts of the work or structure. Should Subdivider
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fail to act promrtly or in accordance with this requirement, or
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should the exigencies of the Subdivid(:r car. ~..e r.otified, City may at
its ('ption, make the necessary repairs or replacements or perform
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the necessary work and Subdivider shall nay to City the actual
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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 agents of City in connection with
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the performance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engi neering inspections and other servi ccs connected wi th the Ci tv
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in regard to the subdivision.
Said fees shall be paid prior to
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corrmencing 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 diligence as will insure
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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 Subdi\'ider shoull! be adjudged a bankrupt, or Subdividcr
should make a general assi~m 11cnt for the benefit of Subdividerl s
creditors, or if a receiver should be appointed in the event of
Si.lbdi\'iC:cr'::; insolvency, or- if S\lb(~ivicc:r, or' any of Suhdivider's
contractors, subcontractors, agents or CI;lplovces, should violat.e
any of thc provisions of'this agn~ement, City Engineer or City
Council may serve v/ritten noticc upon Subdivider and Subdivicer's
'surety of breach of this agreement, or of any pcrtic:n thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance bv Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take ov(~r anc cO!l:pletr;; (he \'JOrk and the improver.lent
herein specified; provided, however, that if the suretv, within
five days after the serving upon if of such notice of breach,
does not give City written notice of its intent.ion to take over
the performance of the contract, and does not commence perfornl<:ncc:
thereof within five days after notice to City of such election,
City may take over the work and orosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and c.t 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, vJithout 1 iabi-
lity for so doing, may take possession of, and utilize in com-
pleting the work, such materials, aooliances, plant and other
property be'longing to Subdivider as may be on the site of the
work and, necessary therefor.
20. Noti ces
All notices herein re~uired shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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1 Secretary or Assistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must he signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all persons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdivider.
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Notices required to be given to City shall be addressed as follows:
City Administrator, Cit\! Hall, 300 North "D" Street, San Bernardino,
California 92418.
Notices rCGuired to be given to Subdivider shall be addressed as follows:
Monnig Development Incorporated 501 N. Placentia Avenue
Fullerton, CA 92631
Notices required to be given suretv of Subdivider shall be addressrd as
follows:
Granger-Hanna Insurance Associates 2401 East Katella Suite 500
Anaheim, CA 92806
Provided that any party or the surety mav change such address bv notice in
\~ritin9 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 dav and vear first above written.
ATTEST:
By:
~A'd#,~
i tv C 1 er
SUBOIVIDER
f
ADrrovec as to form:
By:
B.\!:
C i t y A t torn e v
Maurice J. Monnig-President
Carl H. Turve- Secretary
I~ISTRUCTlf)NS
If the Subdivider is a corporation, the agreement must be executed in
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he corporate name and signed by the President or a Vice-President v~d the
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On this 7 th day of
before me Sandra Cordova
said county and state, personally appeared Maurice J. Monnig
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
President and Carl H. Turve
to me (or proved to me on the basis of satisfactory evidence) to be the Secretary of Monnig
the corporation that executed the within instrument and personally
known to me (or proved to me on the basis of satisfactory evidence)
to be the persons who executed the within instrument on behalf of
said corporation being personally known to me to be one of the
partners of One Twenty Four Limited the
partnership that executed the within instrument, and acknowledged
to me that such corporation executed the same as such
<qer and that such partnership :ecuted the same.
'~A../-SJ___ (~~C-0'1-~
<-.-------
STATE OF CALIFORNIA
COUNTY OF
Orange
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Notary signature
I SS.
, in the year -Ul.8-9
, a Notary Public in and for
, personally known
Development
OFFICIAL SEAL
SANDRA CORDOVA
NOTARY PUBLIC CALIFORNIA
PRINCIPAL OFFICE IN
ORANGE COUNTY
My Commission Exp. Feb. 12, 1991
(This area for official seal)