HomeMy WebLinkAbout1988-464
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RESOLUTION NO. 88-464
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13532, LOCATED ON THE SOUTH-
WEST CORNER OF MACY STREET AND RIALTO AVENUE, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
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 Counci 1 fi nd that
pro p 0 sed Sub d i vis ion T r act No. 1 3 5 3 2, 1 0 cat e don the Sou t h vJ est
corner of Macy Street and Rialto Avenue, together with the pro-
visions 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 Forecast
Mortgage 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)(I) of said Agreement is hereby amended to require public
1 i abi 1 i ty insurance in an amount of not 1 ess than $250,000 per
person and $500,000 per occurrence. The time for performance is
specified at 24 months.
Said improvements are specifically
descri bed and shown on Drawi ngs approved and on fi 1 e 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), drainage and other public easements.
As a condi ti on
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11/14/88
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RES: APPROVING THE FINAL MAP FOR SUBDIVISION TRACT' NO. 13532
precedent to approval of the Final Map, the Subdivider shall
first execute the agreement referenced in Section 2 hereof for
the improvements 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
Bernardi no at a regular
meeting thereof, held on the 5th
day of
December
, 1988, by the following vote, to-wit:
AYES:
Counci 1 Members Estrada, Reilly, Flores, Minor,
Pope-Ludlam, Miller
NAYS:
ABSENT:
None
Council Member Maudsley
"'/~r;?--;3-'/:, / }- ;,~,:/e~:'b:~.~('
City Clerk
The foregoing resolution is hereby approved this
7tL
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day of
December
, 1988.
t4~A)?JA/~
Evlyn Wilcox, Mayor
City of San Bernardino
Approved as to form
and legal content:
-"'~7 FJ
Jvv-? 7' - ~--'7~"r,,--
ty Attorney
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11/14/88
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A G R E E MEN T
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 7cL day of
]/J / . /
~ , 198~ by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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Forecast M:>rtqage Corporation
, hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
rfivision map (hereinafter called "map") entitled II
Tract 13532
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The map has been filed with the City for presentation to the City
Council (hereinafter called "Council") of the City for its approval,
which map is hereby referred to and incorporated herein.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
appurtenant to, or outside the limits of subdivision, which plans and
specifications are now on file in the office of the City Engineer of
City.
Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
enter into and execute this agreement with the City.
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This agreement is executed pursuant to the provisions of the Sub-
division Map Act of the State of California and Title 18 San Bernardino
Municipal Code.
NOW, THEREFORE, for and in consideration of the approval of the
map and of the acceptance of the dedications or some thereof, therein
offered, and in order to insure satisfactory performance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' 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 wi thin 2 4 ~lonths
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 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 bond to secure the faithful oerformance 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 rerlaced, or renair, or have
repaired, as the case may be, all nines and monuments shown on the
map which have been destroyed or dama~ed, and Subdivider shall re-
nla~e cr b6ve rerlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroyed 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 agencv or
political subdivision thereof, or by the City or by an\' public or
private corporation, or bV any person whomsoever, or hv any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
6. Util ity Denos;ts - Statement
Subdivider shall file with the City Clerk, prior to the comnencement
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of any work to be performed within the area delineated on the man,
a written statement siqned by Subdivider, and each nublic utilitv
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corpori"1t;c.n involved, to the effect that Suhdivider has made all
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deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied bv
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such public utility cornorilticn within the Subdivision.
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Permits:
Compl iance '"ith 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 re0uired bv
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law. Subdivider shall comolv with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~unic;pal Code.
8. Superintendence by Subdivider
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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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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 ;s in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider sha11 furnish
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to City imnrovement security as follows:
(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~rity for the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of t~e total estimated
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cost of the imnrovements and acts to be nerformed as security for
the payment of all persons oerforminq labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be nerfe<rmed es
security for the guarantee and warranty of the work for a oeriod of
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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 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
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 ~unicinal Code; and
the type shall be at the option of and sub;ect to the annroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby aqrees to, and shall, hold City, its elective and
apooin ti ve boa rds, comrni ss ions, offi cers, agents and emp 1 ovees, \- cl rlTl ess
from any 1 iabil ity for damage or cl air:ls foY' damaqe for personal injury,
incllldinq death, as 'o/ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aoents'
or employees' operations 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 employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider ar.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 eouity for damages caused,
or alleged to have beer caused, b.v reason of any of t.he aforesaid
operations, provided as follows:
a. That City does not, and shall not, It/aive 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 Citv by Subdivider, or cn~' cf the insurance policie
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, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether Gr' not City has orenared, supnlied 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 comnEnce work under this agreement until Subdivider
shall hav,;: obtained all insurance required 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 cOlTlTlence \':crk en hi s contract or subcontract unti 1 a 11
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All requirements herein provided
shall aopear either in the body of the insurance policies or as endorse-
ments and shall specificallv bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emolovees
employed at the site of imorovement, and in case any work ;s
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloyeps, unless such emolovees
are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
C0mpr:ns~t;on Law, Subdivider shall provide and shall cause each
contractor and subcontractor to provide, adequate insurance for
the protection of employees not otherwise nrotected. Subdivider
shall indemnify City for any damage resulting to it from failure
of either Subdivider or any contractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain durinq the life of this
agreement such public liability and oropertv damage insurance
as shall insure City, its elective and annointive boards, commis-
sions, officers, agents and employees, Subdivider a~d any contra<
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal in;urv, including rleat~,
as well as from claims for nrODerty c\amarJe which may arise froD1
SUb(lividerl~, Ol' any contractor's or s:Jbcontractor' s operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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( 1) Pub 1 i c L i ah; 1 i t Y-l~~ran ce
In an amount not ~f$S than $
250,000.00
for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 500,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the pronerty cf each nerson on account of any
one occurren ce.
1ft the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entity, Derson,
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
and employees, Subdivider and any contractor [.r SL!tcor.tractor
performing work covered by this a9,reement.
13. Evidence of Insurance
Subdivider shall furnish City concurrentlv with the execution
hereof, with satisfactory evidence of the insurance reauired, and
evidence that each carrier is required to give Citv at least ten
days Drior 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 imnrovements constructed hereunder
bv 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 acceptance of the
work oerformed under thi s aqreeMent, any structure or Dart of onv
strllctl,re fllrni~hec c.nd/or instal~ed or constructed, or cnused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill anv of the reauirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without any cost to City, renair
or replace or reconstruct any defective or otherwise unsat~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 Subdivid(:r car. ~e rotified, City may a
its cpticn, make the necessary renairs or replacements or oerform
the necessary work and Subdivider shall oay to City the actual
cost of such repairs plus fifteen percent (15%).
16. Subdivider Not Agent of Cf!y
Neither Subdivider nor anv of Subdivider's agents or contractors
are or shall be considered to be i;0pnts cf City in connection \-Jith
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 neerinq inspections and ot'~€'r s€rv~ ces connected wi th the C; ty
in regard to the subdivision.
Said fees shall be paid prior to
comnencinq any construction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain orosecution of the work,
or any severable part thereof, with such dilioence as will insure
its completion within the time specified, or any extensions th~ro~
or fails to obtain completion of said work within such time, or if
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the Subdividcr shoulu I){~ adjud~jed a bankrunt, or Subdivider
should mokc a generol ossion llcnt for the uenefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
S ub d ~ \' i c: ( r' sin sol ve n c y, 0 r i f S 1I hc~ i v ; c c: r, 0 ran y 0 f Sub d i v ; de r ' s
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
~urety of bt~ach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnonce rw Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take OVl;r anc cOfT:nlete (he vJOrk and the improvcr.1ent
herein srecified; provided, however, that if the surety, 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 perforlTi;;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 at the expense of Sl.lbdi\'ic€r, 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 possession 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. Notices
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 reouired to be given to Subdivider shall be addressed as follows:
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Forecast Mortgaqe Corporation
10670 Civic Center Drive
Rancho Cucamonga, California 91730
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
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Provided t~at any party or the surety may chanqe such address bv notice in
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
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the day and year first above written.
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OF SAN BERNAROINO
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By:
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ATTEST:
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~&:f;~Z2/~~
City Clerk
CA T. NO. NN00737
TO 21945 CA (1-83)
1 (Corporation)
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
On 0
. ctober 18, 1988
saId State, personally appeared before me, the undersigned, a Notary P bI" .
personally known to m am s P. PrevitJ.' u IC In and for
f . f e or proved to m h b .
o satIs actory evidence to b h e on t e aSIS
the ~ithin instrument as the e t e person who executed
PresIdent, and HratJ.7:::1 rri ('
-- _ w:::lt-~r~
d personally kn
prove to me on the b . f own to me or
the person who execu~s~s t~ sat~sfh~ct~ry evidence to be
e WIt In Instrument as the
h Secretary of th C '
t at executed the with' , e orporatIOn
to me that such corpor~ntI'OInstrument and acknowledged
n executed the 'thO .
ment pursuant to its b -laws WI . In Instru-
board of directors. y or a resolutIOn of its
WITNESS ~nd offi~ial seal. ., ') _.
SIgnature ~u);;j: //) N / ,gT; .
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. TICOR TITlE INSURANCE
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OFFICIAL SEAL
BONNIE L MULLIN
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires July 31, 1990
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~cuted in
(This area for official notarial seal)
arid the
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1 Secretary or ~ss;stant Secretary, and the corporate seal affixed. If the
2 Subdivider ;s 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 nersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subd;v; der.
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