HomeMy WebLinkAbout1988-269
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RESOLUTION NO.
88-269
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12974, LOCATED APPROXIMATELY
3 1650 FEET SOUTH OF THE CENTER LINE OF MILL STREET AND EAST SIDE
OF MERIDIAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET
4 FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH
5 TIME FOR PERFORMANCE SPECIFIED.
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. 12974, located approximately 1650
feet south of the center line of Mill Street and east side of
Meridian Avenue, together with the provisions for its design and
improvements is consistent with the General Plan of the City of
San Bernardino.
Bank, a California corporation, for the improvements in said
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subdivision tract as are required by Title 18 of the San Bernardin
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specified at 24 months.
Said improvements are specifically
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6/27/88 28
RES: APPROVING THE FINAL MAP FOR SUBDIVISION TRACT NO. 12974
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 improve-
ments within said subdivision. The City Clerk shall certify
the approval and acceptance of the Mayor and Common Council as
set forth in this resolution.
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 18th day of
July
, 1988, by the following
vote, to-wit:
AYES:
Counci 1 Members Estrada, Reilly, Flores, Maudsley,
Minor, Miller
NAYS:
None
ABSENT:
Council Member Pope-Ludlam
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The foregoing resolution is hereby approved this ~aC7'
day of
July
, 1988.
By:
~7t~ Mayor Pro
Evlyn Wilcox, Mayor
City of San Bernardino
Tempo e
Approved as to form
and legal content:
,f)
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/;~.!.~~
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Attorney
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A G R E E MEN T
(subdivision improvements)
THIS AGREEMENT is made and entered into this 20th day of
June
, 1988, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Life Savings Bank
, 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 "map") entitled II TRAcr #12974
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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 t
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,
high\',ays or public ways and public utility facilities which are a part
of, or appurtr::nant to, the subdivision (hereinafter called "subdiv;sionll)
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-
II division Map Act of the State of California and Title 18 San Bernardino
II r~un i ci pa 1 Code.
II NOWt THEPLFORE, for and in consideration of the approval of the
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offered, and in order to insure satisfactory perfonnance by Subdivider
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of Subdivider's obligations under said Subdivision Map Act and said
Ordinancet the parties agree as follows:
1. Performance of Work
Subd'i vi der wi 11 do and perform, or cause to be done and
performed, at Subdivider's own expense, in ,} good and
worktnanlike 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 a:; hereinbefore
speci fied, 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 therefort 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 Twenty-four (24) Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event qood cause is shown therefor, the City En0ineer ma." 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 hond to secure the faithful oerformance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not qood 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 shown on the
mar which have been destroyed or dama~ed, and Subdivider shall re-
n1n(p cr bave renlaced, 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 proper tv damaged or destroyed bv reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or any a~encv or
political subdivision thereof, or bv the City or by an\' puhlic or
private corporation, or bV 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 anproval, of the City Engineer.
6. Util itv 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 s;qned bv Subdivider, and each nublic utilitv
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corpori1 t; ('n i n'lo 1 ve d, to the effe ct th a t Suhd; v; dp.r ha s made a 11
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deposits legally required by such public utility cornorat;on for
the connection of any and all public utilities to be supplied bv
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such public utility cornoraticn within the Suhdivision.
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Permits:
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Compliance '"lith 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 necessarv notices and pav all fees and taxes re0uired hv
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law. Subdivider shall comolv with all orovisions of the Subdiv;..
sion Map Act and Title 18 San Bernardino Municioal Code.
8. ~et;ntendence by Subdivider
Subdivider shall give personal superintendence to the work on
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said imnrovement, or have a competent foreman or Superintendent,
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sati:;factorv to the City Engineer on the work at all times during
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pro~wess, with authority to act for Subdivider.
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9. Insp~L~~t;on 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 shoos wherein the work ;5 in preoaration.
10. Con.U'~act Securi ty
Concurrently with the execution hereof, Subdivider sba11 furnish
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to City imnrovement security as follows:
(1) :'n amount E0U()1 to a.t least one hundred Dercent of the total
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estimated cost of the imnrovement and acts to be performed as
secl.Arity for the faithful performance of this agreement;
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(2) An amount equal to at lea~t fifty percent of t~e total estimated
cost of the imrrovements and acts to be nerformed as security for
the na~nent of all persons performinq labor and furnishin9 mater-
ials in connection with this agreement; and
(3) An amount enual to at least twenty-five percent of the total
est~mated cost of the imnrovements and acts to be nerf(.rmed es
security for the guarantee and warranty of the work for a neriod of
one (1) year followinq the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed by 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
attornevs' fees incurred bv City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
f 0 ml 0 f bon d s, de 0 0 sit s 0 r 1 e t t e r s 0 f c re d ita s n r 0 v i de din Tit 1 r
18 San Bernardino f-.4unicir>al Code; and
the tvpe shall he at the option of and suh;ect to the apnroval of
the City Engineer and the City Attorney.
~old Harml~5? Agreement
Subdivider ht~rebv aqrees to, and shall, hold City, its elective and
appointive hoards, commissions, officers, aqents and employees, l-clrlilp.ss
from any liability for damage or clains foY' damaqe for personal injury,
incllldinq death, as './ell as from claims for prolJertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents t
or employees' operations under this agreement, whether such ooerations
be by Subdivider or bv any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectlv 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 beet" caused, bv reason of any 07 t.he aforesa;(1
opera ti ('ns, provi ded as follows:
a. That City does not, and shall not, v/aive any rights against
Suhdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
d{~rosit with City by Subdivider, or cn~' cf the insurance nolicie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless aqreement by Subdivider shall
apply to all damages and claims for clamaqes of every kind
suffered, or alleged to have been sufferer!, bv reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether Gr' not Citv has nrenared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or regardless of \A/hether or not such insurance pol-iciEs 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 aqreement until Subdivider
shall hav,:: obtained all insurance reClui red under this oaragranh and
such insurance shall have been aporoved by City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Suh-
contractor to corrmence vJcrk en his contract or suhcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All reouirements herein nroviderl
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
a. Compensation Insurance
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Subdivider shall maintain, during 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 imnrovement, and in case anv \"Iork ;s
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sublet, Subdivider shall require anv 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 hv 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 anv Workmen's
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C0mp~nS(it;cn Law, Subdivider shall provide and shall cause each
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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 any 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. ~~l!.LLc;: L iablity and Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
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a~F'l~ement such public liability and nrooerty damaqe insurance
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as shall insure City, its elective and nnnointive hoards, commis-
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sions, officers, agents and employees, Subdivider a~d any contra(
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tor or subcontractor performing work covered by this aqre~ment
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frorn claims for damages for personal iniurv, including rlenth,
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as "'Iell as from claims for nroperty c1amaC"Je ~/h;ch may arise frnfll
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Sllh(livider'~. O~. any contractor's or subcontractor's operations
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hereunder, whether such operatiors be by Subdivider or any
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contractor or subcontractor, or by anyone directly or indirectly
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employed bv either Subdivider or any contractor os suhcontractor,
and the amounts of such insurance shall be as foll()ltls:
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( 1) Pub 1 i c L i ah; Jj!..Y-l~~_uI~~ce
In an amount not ~fSS than $ 250,000.00
for
injuries, including, but not limited to, death, to any
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one oerson and, sub'; ect to the same 1; mi t for each
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person, in an amount not less than $ 500,000.00
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on account of any one occurrence;
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(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
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damage to the pronerty cf each person on account of any
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one occurrence.
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Ir. the event that any of the aforesaid insurance policies
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provided for in this Paragraph 12 insures anv entity, nerson,
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board or commission other than those mentioned in this oClr'a-
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graph, such policy shall contain a standard form of cr0SS-
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liability endorsement, insuring on such policy City, its
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elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sutco~tractor
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performing work covered by this a9reement.
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13. Evidence of Insurance
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Subdivider shall furnish City concurrently ~"ith the execution
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hereof, with satisfactory evidence of the insurance reouired, and
evictence that each carrier ;s required to give City at leost ten
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days orior notice of the cancellation or reduction in coverage of
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any policy during the effective Deriod of this agreement.
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14. Title to Improvements
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Title to, and ownershin of, all improvements constructed hereunder
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by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
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15. Rer>ai~'._or Reconstruction of Oefective vlork
If, within a period of one year after final acceptance of the
work c,erfnrmed under this aqreer.1ent, any structure or part (1f ~nv
structllre fllrni~hec C'~nd/or instal:ed or constructed, or cc1usf~c1
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reCluirements
of this agreement or the specifications referred to here;r:, Sub-
divider shall without delay and without anv cost to City, renair
or replace or reconstruct anv defective or otherwise unsa.t~sfact-
ory part or parts of the work or structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivi~~r can ~e rctified, City may a
its cpticn, make the necessary repairs or replacements or perform
the necessary work and Subdivider shall nay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subd1~ der Not Agent of C i!Y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be i;0pnts cf City in connection \-Iith
the perfonnance of Subdivider's ohliqations under this agreement.
17. Cost of Engineerin~d Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering insnections and ot'~~r sErvi ce~ rcnnected wi th the C; tv
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution of the work~
or any severable part thereof, with such diliqence as will insure
its completion within the time specifiect, or any extensions th~ro~
or fails to obtain completion of said work within such time, or if
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the Subdivider should I)(~ adjud~Jed () bankrullt, or Subdivider
should nwkc a general oS5;on 'l1cnt for the uenefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
Subd~\'i(:(r'5 insolvency, or' if Sllh(~i\'icc:r, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violat.e
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of thi s agreemen t, or of any pr.rti on thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnonce rw Suretv or City
In the event of any such notice, Suhdivirler's surety shall have
the duty to take ov(.:r anc cc:rr:nlet~ \:he \'JOrk and the improvcr.1cnt
herein specified; provided, however, that if the suretv, within
five days after the serving uron 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 perforrTj;;nc(
t~ereof 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 d.t the expense of S"bdi\'idEr, and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possess~on of. and utilize in COM-
pleting the work, such materials, apnliances, plant and other
pI'operty belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Not; ces
All notices herein re~uired 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 reouired to be given to Subdivider shall be addressed as follows:
WM. C. BUSTER, INC., 1399 W. Colton Avenue
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Redlands, California 92374
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
LIFE SAVINGS BANK, 1598 E. Highland Blvd.
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San Bernardino, California 92404
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Provided t~at 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
transmitted to the new address.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
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ATTEST:
Evlyn Wilcox, Mayor
CITY OF SAN BERNAROINO
BY~I&~~
Mayor Pro Tempore
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SI!BOIVlflER
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A
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On JUNE 21, 1988
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)ss.
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said St t ' before me, the undersi d .
. a e, personally appeared LARRY B HAR gne ,a Notary Public in and for
NORA VINEYARD . VEY
and
basis of satisfactory evidence) to be the-per ' personally known to me (or proved to me on the
LARRY. B. HARVEyP . sons who executed the within instrument as_
L n - -- reSIdent and NORA VINEYARD---
IFE SAVINGS BANK -- ---------------Secretary, on behalf of
the corporation therein named, and acknowledged to me tha;
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and off' . I
ICla seal.
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OFFICIAL SEAL
CYNTHIA A FA VELA
~OTAAY PUBLIC - CAliFORNIA
SAN BfRNiARDlNO COUNTY
My comm. expires JUN 30, 1989
'r. execliterl ; n
Signature (}r.AlA. . (; y;:,~~/
i dent Clrld the
(This area for official notarial seal)
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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 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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