HomeMy WebLinkAbout1989-175
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RESOLUTION NO.
89-175
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 14184, LOCATED AT THE
3 NORTHWEST CORNER OF JUNE STREET AND CAJON BOULEVARD, ACCEPTING
THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
4 EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS
IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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6 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
proposed Subdivision Tract No. 14184, located at the Northwest
corner of June Street and Caj on Boulevard, together wi th 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 by Resolution No. 84-8 with Century Homes
Communities,
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
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ereby approved and the City of San Bernardino hereby accepts as
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ublic property all dedications within the subdivision as shown
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n said Final Map for streets, alleys, (including access rights),
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RESO:
APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NC). 14184
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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.
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SECTION 4.
This resolution is rescinded if the parties
8 to the agreement fail to execute it within sixty (60) days of the
9 passage of this resolution.
10 I HEREBY CERTIFY that the foregoing resolution was duly
11 adopted by the Mayor and Common Council of the City of San
12 Bernardino at a
reqular
meeting thereof, held on the
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5th day of
June
, 1989, by the following vote, to-
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day of
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AYES:
Council Members Estrada, Reilly, Flores,
Maudsley, Minor, Pope-Ludlam, Miller
NAYS: None
ABSENT: None
The foregoing resolution is hereby
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June
, 1989.
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1 Approved as to form
and legal content:
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James F. Penman
3 City Attorney
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5/18/89
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. RESt): APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 14184
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A G R E E MEN T
(subdivision improvements)
THIS AGREEMENT is made and entered into this /~~L/day of
\ ,([(,~/ , 198(, by and between the CI TV OF SAN BERNARDI NO
a munic~ corporation, hereinafter referred to as "City", and
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rJ:"NTIIRV HOMES COMMUNITIES
, hereinafter referred to as
"Subdividerll.
R E C I TAL S :
Subdivider has presented to City for approval a final sub-
rfivision map (hereinafter called Ilmapll) entitled "TRAfT lLllALl
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Councilll) 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 ,1 good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee~ of City
the work and improvements within (and/or wi:hout) 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 24 MONTHS
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City En9ineer may extend
the time for completion of the 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 liability
on the bond to secure the faithful oerformance of t~is agreement.
The City Engineer shall be tne sole and final iudge as to wnether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have rerlaced, or renair, or have
repaired, as the case may be, all nines and monuments showr. on the
map which have been destroved or damaged, and Subdivider shall re-
nla~e cr baye renlaced, repair, or have repaired, as the case mav be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroved bv reason of anv work done
hereunder, whether such oropertv be owned bv the United States or
any agency thereof, or the State of California, or any agencv or
political subdivision thereof, or bv the City or by an" public or
private corporation, or by any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or renlacement shall be to the
satisfaction, and suhject to the aoproval, of the City Engineer.
6. Utility Denosits - 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 man,
a written statement siqned bv Subdivider, and each public utilitv
corpor~ti0n involved, to the effect that Suhdividp~ has made all
deposits legally required by such public utility cornoration for
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the connection of any and all public utilities to be supplied bv
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such public utility cornor~tion within the Subdivision.
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Permits:
C omp 1 i a n c e 'oJ i th 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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qive all necessary notices and pav all fees and taxes reouired bv
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law. Subdivider shall comolv with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unicipal Code.
8. Suoerintendence by Subdivider
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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 r.f the
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work, and to the shons wherein the work is in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider s~all furnish
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to City imnrovement security as follows:
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(1) An amount ~0ual to at least one hundred percent of the total
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estimated cost of the imnrovement and acts to be performed as
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sec'..lrity for the faithful performance of this agreement;
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(2) An amount equal to at lec5t fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as security for
the l1ayment of all persons oerform;nq labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount enual to at least twenty-five percent of the total
est:mat.ed cost of the imnrovements and acts to be nerf(.rrned es
security for the guarantee and warranty of the work for a np.riod of
one (1) year following the completion and accentance 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 bv City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
form of bonds, deoosits or letters of credit as provided in Title
18 San Bernardino ~unici~al Code; and
the type shall be at the ortion of and sub;ect to the arnroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and emplovees, I'clnrless
from any liability for damage or claius -for damaqe for personal injury,
incllldinq death, as '"/ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aoents'
or employees' onerations under this agreement, whether such ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly emploved by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider a~ree~ to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beep caused, bv reason of any of the aforesaid
operatic'ns, provided as follows:
a. That City does not, and shall not, waive 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 City by Subdivider, or 2n\' cf the insurance Dolicie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been sufferect,'bv reason of any
of the aforesaid operations referred to in this paragraoh,
regardl ess of whether cr' not Ci tv has orenared, SUPD 1 i ed or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurante policies shall
have been determined to be applicable to any of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivi der
shall hav(: obtained all insurance required under this oaragranh and
such in surance sha 11 have been aooroved by C i tv Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to comnence v:crk en hi s contract or subcontract unti 1 all
similar insurance required of the contractor or subcontractor shall
have been so obtained and aprroved~ All reouirements 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, durinq the life of this agreement,
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Workmen's Compensation Insurance for all Subdivi~er's emnlovees
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employed at the site of imorovement, and in case anv work ;s
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sublet, Subdivider shall require any contractor or subcontractor
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similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emnloyeps, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any class of employees engaged in work under this agreement at
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the site of the project is not protected under any Workmen's
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C0mpr:ns~tiQn Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate'insurance for
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the protection of employees not otherwise nrotected. Suhdivider
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shall indemnify City 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 Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
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agreement such public liabilitv and nrooertv damage insurance
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as shall insure City, its elective and C1noo;ntive boards, commis-
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sions, officers, agents and emoloyees, Subdivider a~d any contra(
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tor or subcontractor performing work covered by this aqre~ment
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from claims for damages for personal in;urv, including rleC1th,
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as 'Nell as from claims for nrnnerty damal1e which may arise from
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Subtlivider' ~,or' any contractor's or s:.Jbcontractor' s operations
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hereunder, whether such operatiors be by Subdivider or any
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contractor or subcontractor, or bv anyone directlv or indirectlv
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emploved bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as foll~Ns:
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(1) Public Liahi] itY-.lnsurance
In an amount not ~€ss than $ 250,00 DO/xx
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injuries, including, but not limited to, death, to anv
one oerson and, subject to the same limit for each
person, in an amount not less than $500,000 aD/xx
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000 DO/XX
for
damage to the pronerty cf each nerson on account of any
one occurrence.
I~ the event that any of the aforesaid insurance policies
provided for in this Paragraoh 12 insures any entity, oerson,
board or commission other than those mentioned in this oara-
graph, such policv shall contain a standard form of cr0SS-
1iability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents i
and employees, Subdivi der and any contractor [.r sutcortractor
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 reauired, and
evidence that each carrier is required to give City at least ten
days orior notice of the cancellation or reduction in coverage of
any poli~y during the effective Deriod of this agreement.
14. Title to Improvements
Title to, and ownershio of, all imnrovements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
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15. Repair or Reconstruction of Oefective Work
If, within a period of one year after final accertance of the
work oer+"ormed unCer thi s aqreer.1€nt, any structure or t1art of ~nv
strllctllre furni!';hec ('.nd/or insta~:ed or constructed, or c~used
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill anv of the re~uirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without anv cost to City, rena;r
or replace or reconstruct any defective or otherwise unsat~sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promntly or in accordance with this re~uirement, or
should the exigencies of the Subdivi&~r ca~ ~e rctified, Citv may a
its opticn, make the necessary renairs or replacements or perform
the necessary work and Subdivider shall oav to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ~0pnts cf Citv in connection with
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
engi neering insr)ections and ot!~er s€rv~ ce~ rcnnected wi th the Ci tv
in regard to the subdivision.
Said fees shall be paid prior to
commencinq any construction.
18. Notice of Breach and Defau1t
If Subdivider refuses or fails to obtain prosecution of the work.
or any severable part thereof, with such dilioence as will insure
its comp 1 eti on wi th in the time spec; fi ed, or any extens; ons th~ro~
or fails to obtain completion of said work within such time, or if
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the Subdivider should IH~ adjud~Jec1 a bankrunt, or Subdivider
should nltlkc a general oS5;on llcnt for the uenefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd~\'ic:(r'5 insolvency, or if S\lh~~\'icc:r, or any of Subdivider's
contractors, subcontractors, ngents or emplovees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice uron Subdivider and Subdivider's
'surety of breach of this agreement, or of any or.rtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnonce r'" Surety or City
In the evcnt of any such notice, Subdivider's surety shall have
the duty to take over ani co~nlete the work and the improvc~ent
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 noti ce of its intention to take over I
the performance of the contract, and does not commence perforrn~nc(
t~ereof 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 d.t the expense of Sllbdi\'ic€r, 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-
lity for so doing, may take possessfon of, and utilize in co~-
pleting the work, such materials, apoliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Not; ces
All notices herein required shall be in writing, and delivered
in person or sent bV 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 reauired to be given to Subdivider shall be addressed as follows:
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CENTURY HOMES COMMUNITIES, P.O. BOX 8110, SAN BERNARDINO
CALIFORNIA 92412
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Notices required to be given surety of Subdivider shall be addressed as
follows:
PACIFIC STATES CASULTY COMPANY; 5757 WILSHIRE BLVD,. STE 6700,
LOS ANGELES, CALIFORNAI 90036 ATTN: RANDY SPOHN
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Provided t"lat any party or the surety may change such address bv notice in
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writing to the other party and thereafter notices shall be addressed and
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transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
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the day and year first above written.
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CITY OF SAN
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ATTEST:
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! Anproved as to form:
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IN STR! Jr:r 10NS
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SUBOIVlflER
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RI HARD T. DAVALOS, ASST.
C NTURY HOMES COMMUNITIES
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A CALIFORNIA CORPORATION
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If the Subdivider ;s a corporation, the agreement must be executed in
e corporate name and signed by the President or a vice-President a~d the
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider ;s 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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