HomeMy WebLinkAbout1988-461
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RESOLUTION NO.
88-461
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13335, LOCATED ON THE EAST
SIDE OF CENTRAL AVENUE, AND APPROXIMATELY 706 FEET SOUTH OF THE
CENTERLINE OF HIGHLAND AVENUE, ACCEPTING THE PUBLIC DEDICATIONS
AS SET FORTH ON SAID MAP; AND AUTHORI ZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council find that
proposed Subdivision Tract No. 13335, located on the east side of
Central Avenue,
and approximately 706 feet south of the
centerline of Highland Avenue, 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 Ci ty of San Bernardino is
authorized on behalf of said City to execute the standard form of
agreement adopted by Resolution No. 84-8 with Hill-Williams
Development 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 liabili ty
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
27 hereby approved and the City of San Bernardino hereby accepts as
28 public property all dedications within the subdivision as shown
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11/16/88
1 on said Final Map for streets, alleys, (including access rights),
2 drainage and other public easements. As a condition precedent to
3 approval of the Final Map, the Subdivider shall first execute the
4 agreement referenced in Section 2 hereof for the improvements
5 within said subdivision.
The City Clerk shall certify the
6 approval and acceptance of the Mayor and Cornmon Council as set
7 forth in this resolution.
8 I HEREBY CERTIFY that the foregoing resolution was duly
9 adopted by the Mayor and Cornmon Council of the City of San
10 Bernardino at a
reqular
meeting thereof, held on the
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December
, 1988, by the following vote, to-
5th day of
12 wit:
AYES:
Council Members Estrada, Reilly, Flores, Minor,
Pope-Ludlam, Miller
NAYS:
None
ABSENT:
Council Member Maudsley
/~;- ',,0' / a./;,/
vk;J:.,?;h,;'~.i2/>/I/ .:~~~ g.,
City Clerk
The foregoing resolution is hereby approved this
/' c'--
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day of
, 1988.
December
Approved as to form
and legal content:
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'ty Attorney
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PATTON STATE HOSftfTAL
PATTON .STATE HOSPITAL
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)ATTDN STATE HOSPfTAL PA'M'OII STATE HOSPfTAL
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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 ~ day of
~~ . 198f. by and between the CITY OF SAN 8ERNARDINO
a municipal corporation, hereinafter referred to as "City", and
Hill Hilliams Development Corp. Summer
Hind, a California Limited Partnership, hereinafter referred to as
"Subdivider".
R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
riivision map (hereinafter called "map") entitled II Tract 13335
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The map has been filed with the City for presentation to tne 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, includinq 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 1S executed pursuant to the provisions of the Sub-
II division Map Act of the State of California and Title 18 San Bernardino
III
r~un i ci pa 1 Code.
II NOll, THEREFORE, for and in consideration of the approval of the
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II lIlap and of the acceptance of the dedications or some thereof, therein
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II offered. and in order to insure sa ti s factory perfo nnance by Subdi vi der
II of Subdivider's obligations under said Subdivision ~1ap Act and said
II Ordinance, the parties agree as follows:
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II 1. Perfonnance of ~Jork
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Subdivider will do and perform, or cause to be done and
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performed, at Subdivider's own expense, in .1 good and
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2. ~ork: Places and Grades to be Fixed by Engineer
All of said work is to be done at the place5, of the
workmanlike manner, and furnish all required materials,
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all to the satisfaction of the City Enq;nee~ of City
the work and irr.provements within (and/or wi'~hout) the
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subdivision to complete the improvements in accordance
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with the plans and specifications on file a~; hereinbefore
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specified, or with any changes required or ,)rdered by said
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Engineer, which in his opinion are necessary or required
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to complete the work.
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materials, in the manner, and at the grades~ all as
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City hereby fixes the time for the completion of said
shown upon the plans and specifications therefor, here-
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tofore approved by City Engineer and which ~re now on
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file in his office, and to the satisfaction of said City
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Engineer.
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3. Work: Time for Commencement and Performance
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work to be within
24 months
from the date herp.of.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shO'.A/n therefor, the City Enl'1;neer mav extend
the time for com~letion of the imnrovements hereunder. Anv such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liabilitv
on the bond to secure the faithful nerformance of t~;s agreement.
The City Engineer shall be the sole and final iudae as to w~ether
or not good cause has been shown to entitle Subdivider to an exten-
slone
5. Repairs and Replacements
Subdivider shall replace, or have renlaced, or rena;r, or have
repaired, as the case may be, all nioes and monuments showr. on the
map which have been destroyed or dama~ed, and Subdivider shall re-
n1~~e cr bave renlaced, repair, or have repaired, as the case mav be,
or Day to the owner, the entire cost of re~lac€ment or repairs, of
any and all property damaged or destroved hv reason of anv work done
hereunder, 'I/hether such oronertv be owned bv the Uni ted Sta tes or
an.v agency thereof, or the State of California, or any a~enc" or
political subdivision thereof, or by the City or by any pUblic or
private corporation, or bV any person whomsoever, or hy any combina-
tion of such owners. Any such re~a;r or renlacement shall ~e to the
satisfaction, and suhject to the anrroval, of the City Engineer.
6. 'Jtility Denos;ts - 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 dp.lineated on the man,
a written statement s;qned bv Subdivider, and p.ach nublic utility
corpor~ti(fl involved, to the effect that Suhrlivi~~~ has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
such public utility cornoraticn within the Subdivision.
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Permi ts: Comp 1 i ance ''Ii th Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
qive all necessary notices and pay all fees and taxes reou;red bv
law. Subdivider shall comn1v 'Nith all nrovisions of the Subd;vi..
sion ~ap Act and Title 18 San Bernardino ~unicioal Code.
8.
Suoerintendence hy Subdivider
Subdivider shall 9;ve personal suoerintendence to the work on
said imnrovement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proner facilities and
nrovide safe ctccess for inspection hv City, to all Darts r.f the
work, and to the shons wherein the work is in preDaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider st,a11 furnish
to City imnrovement security as follows:
(1) ~n amount E~ual t~ at least one hundred oercent of the total
estimated cost of the imnrovement and acts to be performed as
sec'Ari~y for the faithful perfomance of this agreement;
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(2) An amount equal to at lea~t fifty nercent of the total estimated
cost of the i~nrovements and acts to be nerformpd as security for
the nayrnent of all r;ersons oerform;nq labor' and furrist1ir1Cl (1;Jtpr-
ials in connection with this aqreement; and
(3) An amount enual to at least tv/enty-fi'/e cercent of the total
est:mated cost of the imnrovements and acts to he nerfc-rrred cS
security for the quarantee and warranty of the work for a oeriod of
one (1) year followinq the completion and acceotance thereof against
any defective work or lal)or done, or defective materials furnished.
As a part of the obligation guaranteed bv the s~curitv and in add-
ition to the face amount of the security, ther~ shall be incluoed
costs and reasonable expenses and fees, includinq reasonablp
attorneys' fees incurred bv City in successfully enforcin9 the
obligation secured. The tvre of security furnished s1a11 be in thp.
form of bonds, deoosits or letters of credit as nrovided in Title
18 San Bernardino ~unicinal Code; and
the tvre shall he at the ontion of and suh;p.ct to the annroval of
the City Enqineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold Citv, its elective and
apoointive boards, commissions, officers, agents and efilplovees, \'clrr.less
from any liability for damage or clai~ls for damaqe for personal injury,
incl"dinq death, as "/ell dS from claims for orotJertv damage which may arise
from Subdivider's or Suhdivider's contractors', suhcontractors', aqents'
or emplo.yees' onerations under this agreement, whether such onerations
be by Subdivider or bv any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectly emnloved by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
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subcontractors. Subdivider ar.ree~ to, and shall, defend City, and its
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apnointive boards, commissions, officers, a~ents dnd emoloyees
from any suits or actions at law or in eauity for damages caused,
or alleged to have bee" caused, bv reason of any of 7he aforesai(~
operatirns, provided as follows:
a. That Citv does not, and shall not, waive any rights asainst
Subdivider which it may have bV reason of the aforesaid hold
hannless agreement, because of the acceptance bv City, or the
deposit with Citv by Subdivider, or ?nV cf the insurance Dolicie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless a~reement bv Subdivider sr.all
apply to all damages and claims for da~aqes of every kind
suffAred, or alleqed to have been suffererl, bv re3S0n of any
of the aforesaid operations referred to in this paraqraoh,
regardless of whether Cl" r:ot Citv has nrenared, supnlird or
arproved of, nlans and/or snecifications for the subdivision,
or r-egarcless of \I/hether or not such insurance pol )cies shall
have been determined to be applicable to any of such damages
or claims for damages.
12. Subdivider's Insurance
Subdivider shall not comr,1ence work under this aoreement until Suhdivider
shall hav,: obtained all insurance reouired under this oaragranh and
such insurance shall have been aporoved ~v City Attornev as to form,
amount and carrier, nor shall rubdivider allow any contractor or Suh-
contractor to COlT111ence \':crk en his contract or suhcontract until all
similar insurance required of ~he contractor or subcontractor shall
have been so obtained and approved. All reouirements herein provide~
shall ao~ear either in the body of the insurance policies or as endorsp.-
ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durinq the life of this aqreement,
Workmen's Compensation Insurance for all Suhdivi~erls emnlovees
employed at the site of imorovement, and in case anv \'/ork is
sublet, Subdivider shall reouire any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such ew.olovees
are covered by the protection afforded hv Subdivider. In case
any class of employees engaged in work under this agree~ent at
the site of the project is not protect~d unrier any 'Aorkmen's
C.:-.mor:nsitticn Lay}, Subdi'/ider sholl rrcvide and shall cause each
contractor and subcontractor to ~rovide, adeouate insurance for
the orotection of employees not otherwise nrotected. Suhdivider
shall indemnify City for any damage resultinq 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 durino the life of this
agreement such public liability and nrODerty danaoe insurance
as s h a 11 ins u r e C i t y, ; t s e 1 e c t; v e and "n n (1 i n t ; v P. h 0 a r d s, co mm ; s .
sions, officers, agents and emoloyees, Subdivider Gr.d ~r.v contra(
tor or subcontractor performing work covered by this aqre~ment
fro~ claims for damaqes for oersonal iniurv, includin9 rleat~,
as 1,'Iell as from claims for nrnrJf:rtv clamal1e which may arise froPl
SUbtlivider'~, or' Gny contractor's or S:.Jhcontractorl s operati ons
hereunder, whether such operatior.s he bv Suhdivider or any
contractor or subcontractor, or hv anyone directly or indirectly
employed bv e; ther Subdivider or any contractor os suhcontractor,
and the amounts of such insurance shall be as fol1oNs:
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(1) Publi~LidhiJll.~~5uransp.
In an amount not ~(SS than ~ 250,000.00
for
injuries, includinq, but not 1 ifTlited to, C~dti-), to drv
one oerson and, subip.ct to the san~ limit for each
nerson, in an amount not less than $500,000.00
on account of anv one occurrence;
(2) Property ~amage Insurance
In an amount not less than $50,000.00
for
dama~e to the Dronerty cf each nerson on account of any
one occurt.enC2.
I~ the event that any of the aforesaid insurance policies
provided for in this Paraqrach 12 insure5 anv ~ntitv, oerson,
board or commission other than those mentioned in this nara-
granh, such pol icv shall contain a st~nd?rd form of cr0SS-
1ic.bility endorsernent, insuring on such policv City, its
elective and aopointive boards, commissions, officers, agents
and employees, Suhdivider and any contractor 0r s~~c0rtractor
performinq work covered hv this d0reement.
13. Evidence of Insurance
Subdivirler shull f'~rni sh C; tv concurrent1v 1..1i th the execution
hereof, with satisfactory evidence of the insurance reouired, and
evidence that each carrier is required to qive City at least ten
days orior notice of the cJncel1ation or reduction in coverage of
any policy durinq the effective ~eriod of this agreement.
14. Title to Imorovements
Title to, and O'\-Inershin of, all imnrovements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
accertance of such improvements by r.itv.
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15. Repair or Reconstruction of 0efective Wor~
If, within a period of one '1eAr after final occertl'nce of the
'rl()(K oer.~r~rj l.Jr.(~er this aareeriAnt, an'! s~p;\.-t.~re or !1l1r't 0~ .'l'~'.'
str\lct\lre fllrn;~heC: C'.nd/or ;nsta1:rd cr constructed. or C<1usro
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to here;r:, Sut-
divider shall without delay and without any cost to City, renair
or replace or reconstruct anv defective or other~ise un~~~:sfact-
ory part or Darts of the work or structurp. Should Suhdivider
fail to act pro~ntly or in accorrlance wi~h t~is re~uirement, or
should the exiqencies of the Suhdivid,:r car, foe retified, Citv may a
its (oticn, make the necessarv renairs or replacements or oerform
the necessarv work and Subdivider shall n2V to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not A,gent of City
Neither Subdivider nor any of SUQdivider's a0ents or contractors
are or shall be considered to he (;(~pnts cf" Ci~v in connection ",lith
the oerformance of Subdivider's ohliqations under this agreement.
17 . Cas t -.0_J_n-1.i n e_~i n'J iln dIns rec ti on
Subdivider shall pay to City the costs of all rermit fees for all
eng; neerinq ;nsnections and ot':~r ~erv~ ce~ rcnnected wi th the Ci tv
in reqard to the ~ubdivision.
Said fees $hol1 be paid Drior tc
conmencinq any construction.
18. Notice of Breach an~ De7ault
If Subdivider refuses or fails to obtain nrosecution of thp. work.
or any severable Dart thereof, with such dilioence as will insure
its completion within the time specifie~, or anv extensions th~ro~
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or fails to obtain comoletion of said work within such time, or if
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the Suhdivider should \If' <ldjud(Jcd d bdnkrullt, or Subdivider
should nlllkc J gener111 ~<;sif1n 'Tlcnt for the Lt'l1cfi t of Subdivider' s
creditors, or if a receiver should ~)e Jnrointed ;n the event of
Sllbd~\';c:(rI5 insolvenc,v, or i f S'\I((~~\'ic(r t (It' any of Subdivider's
contractors) subcontractors ,ilgents or er.,r10v2es) should violate
any of the rrovisions of this agt'replcnt, City Engineer or C1tV
Council nay serve vlritten notice IJf'lOn Subdivider and Subdivicer's
'surety of breach of this agreement, or of any or.rtic,n thereof,
and default of Subdivider.
19 Breach of ACJree~ent: Perfon-n~nce h\/ Surety or Citv
I r1 the e v ~ n t 0 f 3 n Y s Ll C h not ice) S U l d i vir ,-~ r 's ) U l~-? ': 'I S h.3 11 ita v e
the duty to take OVt;r ar~C: ccrrrle:::.= (he \lorl (~nd th~ ir~rovcr;ent
herein specified; provided, however, that if the suretv, within
five days after the servin0 uron if of such notice of hreach,
doe s not g; ve City w r i t t l n not ice 0 fit sin tell t ion t. 0 t a k e 0 v e r
the performance of the contract, and does not comrr,ence rerforn\;;ncc
t~ereof within five days after notice to City of such election,
City may take over the work and nrosecute the same to completion,
by contract or by any other method Citv may deeM advisable, for
the account and ?t the exrense of S,lbdh'ic'E:r, and Subdividrr' s
surety shull be liable to City for anv excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
litv for ~o do;n~, may to~e rosse5sio~ of, and utilize in co~-
pleting thc work, such wateria1s, annliancps, nlant and other
property belon~ing to Subdivider as may be on the site of the
work and necessary therefor.
20. Notices
All notices herein required shall be in writ;n0, and delivered
in person or sent bv rC9istered mail, posta1e prepaid.
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!I Notices re<1u;red to he CJiven to Cit'! sha11 be addressed as fOllows:
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II Citv Administrator, City Hall, 300 ~lorth "[)" Street) San Bernardino,
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il Cal ifomia 92418.
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ii Notices r~ouired to be given to Subdi'/ider shall be Jddressed as follo~vs:
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5500 East Santa Ana Canyon Road, Suite 251
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Ii Notices required to be given surety of Subdivider shall be addressed as
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Anaheim, California
92807
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Pro vie e.j tr, a t ~ n y r ~ r t'/ 0 r t ~ e S lJ r 0. t '/ ~ 3'1 C j1 an q e s 'J c h .1 d j r (; S s b '/ not ice ; n
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'~ritin<1 to the othpf r3rtv ann thereafter notices shall te3Gdressed 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 BER~~RnINO
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STATE OF CALIFORNIA
COUNTY OF Orange
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WTC WORLD TITLE COMPANY
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On ti:>verrt>er 16. 1988 .
the undersigned, a Notary Public i nd for i cbefore me,
State, personally appeared DonajJ H. wiiii.ty j~
personally known to me ' ·
_to be the
and
FOR NOTARY SEAL OR STAMP
President,
, personally known to meXM
th to be
e person who executed the within instrument as
corporat~on ther:;n named, and aCkn~:~~a~ ~~ ~:half of the
corporation executed the within instrum2nt pursuat~tt~u~:
bYlaWSO(3Z~itS boarx~
S.gnatur ~ V.
:******...*......**.*.........
:@._.O....'I('IAI.SUI.:
: ..... LINDA D. ORYSOL :
. .... NOTARY PUBLIC-CALIFORNIA .
: ...' ORANGE COUNTY :
. My C.mm. Exp. May. 29. 1990 .
..***..*********.******.*.***:
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WTC 063
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INSTRIJr:T I0NS
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If the Subdivider is a corpcration, the a9reement must be executerl in
the corporate name and c;ianpej hv thp Prp"irlpnt or a \';r.p-Prp~irlpnt ;,r.rl thp
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it ~ust he si0ned bv all nartners. If the
3 Subdivider is an individual doing business under a fictitious narre, it trust
4 be signed by all nersons having an interest in the business, and the ficti-
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tious nal-;'.e must be signed also. The 3qreement r:'ust be rot3riz2d b'/ the
Sub d i v i de r .
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