HomeMy WebLinkAbout1987-092
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RESOLUTION NO. 87-92
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12756, LOCATED APPROXIMATE-
LY 1100 FEET WESTERLY OF THE CENTERLINE OF LITTLE LEAGUE DRIVE,
NORTH SIDE OF FRONTAGE ROAD, ACCEPTING THE PUBLIC DEDICATIONS
AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE
STANDARD FORM OF AGREEMENT FOR THE IMPROVE~1ENTS IN SAID SUB-
DIV ISION, WITH TIME FOR PERFORMANCE SPECIFIED.
BE IT RESOLVED BY THE r~AYOR 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 Subdivi sion Tract No. 12756, located aproximately 100
feet Westerly of centerline of Little League Drive, North side
of Frontage Road, together with the provisions for its design
and improvements, is consistent with the General Plan of the
Ci ty of San Bernardi no.
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 CC San
Bernardino, Inc., a Cal ifornia Corporation, for the improve-
ments in said subdivision tract as are required by Title 18 of
the San Bernardino Municipal Code and the Cal ifornia
Subdivision Map Act.
The time for performance is specified at
24 months. Said improvements are specifically described and
shown on Drawings No. 6942, 6832, 6822, 6823 and 6825,
approved and on file in the Office of the City Engineer of the
City of San Bernardino.
SECTION 3: The Final Map of said subdivision tract is
hereby approved and the City of San Bernardino hereby accepts
as public property all dedications within the subdivision as
shown on said
Final Map for streets, alleys, (including access
3/10/87
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1 rig hts), drainage and other public easements. As a condition
2 precedent to approval of the Final Map, the Subdivider shall
3 first execute the agreement referenced in Section 2 hereof for
4 the improvements within said subdivision. The City Clerk shall
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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 Ci ty of San
regular
Bernardino at an adjourned/ meeting thereof, held on the
23r<;l,_ day 0 f
to-wit:
M---.,arch
, 1 98 7 , b y the f 0 1 low i n g v 0 t e ,
AYES:
Council Members Estrada. Reillv. Quiel.
Strickler
NAYS:
ABSENT:
Council Members Flore9' Maudsley
Council Member Frazi~r
hp~P4Ab
/ City C 1 e r k
The foregoing resolution is hereby approved this ~~h
day of
March
, 19....6..J
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Mayor 6 the City of San Bernardino
Approved as to form:
,,/} ,...,<7
tZ//h1./t ~?r
t[{J~f, City A t to rife
3/10/87
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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 ~~~ day of
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t.t~ ' 19~, by and between the CITY OF SAN BERNARDINO
a municipal corporation, hereinafter referred to as "City", and
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CC SAN BERNARDINO, INC.
, hereinafter referred to as
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R E C I TAL S :
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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 IIsubdivision")
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 derl 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 necessa~1 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 fi xes the time fOjl'he comp letion of sai d
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work to be within
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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 En~ineer ma~' extend
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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 liabilitv
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 destroved or damaged, and Subdivider shall re-
ola(e cr ~ave replaced, 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 anv agencv or
political subdivision thereof, or by the City or by any public or
pri~ate corporation, or by any person whomsoever, or bv any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Util itv Oenosits - 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 signed bv Subdivider, and each public utilitv
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corpor~ti0n involved, to the effect that Suhctivider 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 cornoration within the Subdivision.
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Permits:
C omp 1 i a n c e '-I i th Law
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Subdivider shall, at Subdivider's expense, obtain all necessarv
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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 reouired bv
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law. Subdivider shall comolv with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~un;c;oal 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
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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 shoos wherein the work is in preoaration.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
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to City imnrovement security as follows:
(1) An amount ~0ual to at least one hundred oercent of the total
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estimated cost of the imorovement and acts to be performed as
sec....ritV for the faithful performance of this agreement;
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(2) An amount equal to at lea~t fifty percent of the total estimated
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cost of the imnrovements and acts to be nerformed as security for
the payment of all persons performing 1 abor and furn; shing 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 imDrovements and acts to be nerf(irrned es
security for the guarantee and warranty of the work for a np.riod of
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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 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 by City in successfully enforcing the
obligation secured. The type of security furnished shall be in the
fonn 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 subject to the apnroval 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 employees, \'clflTless
from any liability for damage or claius -foY' damage for personal injury,
includinq death, as './ell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aqents'
or employees' ooerations under this agreement, whether such onerations
be by Subdivider or by 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
subcon tractors.
Subdivider a\rees toa.apd 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 eauity for damages caused,
or alleged to have beer caused, by reason of any of the 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 City by Subdivider, or ?n~' cf the insurance polic;e
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 suffered, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether Cf 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 commence work under this agreement until Subdivider
shall hav( obtained all insurance required under this paragranh and
such insurance shall have been aporoved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to corrrnence \'lcrk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved. All requirements herein prov;derl
shall aopear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
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Subdivider shall maintain, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emo10vees
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employed at the site of imorovement, and in case anv work is
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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~t;on 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. Subdivider
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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. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and oroperty damage insurance
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as shall insure City, its elective and annointive boards, comm;s-
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sions, officers, agents and employees, Subdivider aftd anv contra(
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tor or subcontractor performing work covered by this aqreement
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from claims for damaqes for personal iniurv, including rleat~,
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as \,Alell as from claims for nronerty clama(}e which may arise from
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SUb<.livider'~. or' 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 bv anvone directlv or indirect1v
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employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insura~Je shall be as foll~ds:
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(1) Public Liability Insurance
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In an amount not ~€ss than $ 100,000.00
for
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injuries, including, but not limited to, death, to any
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one person and, subject to the san~ limit for each
person, in an amount not less than $ 300,000.00
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on account of anyone 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
one occurrenc.e.
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I~ the event that any of the aforesaid insurance policies
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provided for in this Paragraph 12 insures any entity, oerson,
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board or commission other than those mentioned in this para-
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graoh, such policy shall contain a standard form of cr0SS-
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liability endorsement, insuring on such policy Citv, its
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elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subco~tractor
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performing work covered bv this agreement.
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13. Evidence of Insurance
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Subdivider shall furnish Ci~y concurrently with the execution
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hereof, with satisfactory evidence of the insurance reauired, and
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evidence that each carrier is required to give City at least ten
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days prior notice of the cancellation or reduction in coverage of
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any poli~y during the effective ryeriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in Ci~y, upon completion and
acceptance of such improvements by City.
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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 aqree~nt, any structure or Dart 0f (IT\V
strllctllre fllrn;~hec c.nd/or insta1":ed or constructed, or cnused
to be installed or constructed by Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reauirements
of this agreement or the specifications referred to hereir:, Sub-
divider shall without delay and without any cost to Citv, 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 promntly or in accordance with this requirement, or
should the exigencies of the Subdivid(:r car. I-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 Ci!Y
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be ~0pnts of 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 insnections and otl!E'r servi ces rcnnected wi th the City
;n regard to the subdivision.
Said fees shall be paid prior to
commencinq 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 comp~e~i~n of sai~ork within such time, or if
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the Subdivider shoulu t)(~ adjud~jed a bankrunt, or Subdivider
should nlilke a generill nssi<1n'Tlcnt for the uenefit of Subdivider's
creditors, or if a receiver should be anpointed in the event of
S l.Ib d ~ \' i c: ( r I 5 ins 0 1 ve n c y, 0 r i f S 1I h (~ i vie c:- r, 0 ran y 0 f Sub d ; v ide 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
'surety of breach of thi s agreement, or of any p0rtion thereof,
and default of Subdivider.
Breach of Agy'eement; Perfonnnnce h'f Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take OVl.:r anc cc:rrnlete the vlOrk 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 perforl1l(1nc(
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 Subdi\'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 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 ma.:}, 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 "Oil Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follrn~s:
3931 NacArthur Blvd., Suite 113, Newp:>rt Beach, CA 92660
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.Afle",+"~: M~. l..~..,,'" P. lie: (;)c.A...~.....e
v.., ~ P.r~s ; de.... -I.
Notices required to be given surety of Subdivider shall be addressed as
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follows:
Arrerican Insurance Canpany, P.O. Box 3136
San Francisco, CA 94119
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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
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the day and year first above written.
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C~OF SAN BERNAROINO
? /l ..... .
STATE OF CALIFORNIA
COUNTY OF ORANGE
SSe
On March 3 198 7 b f .
Nt'. ' ---' e ore me, the unders1gned a
M~Q~~~R~~b11~ 1n and for said State, personally appeared LENARD B.
an ,MELINDA ~EWEY, personally known to me or proved to
me on the bas1s of sat1sfactory evidence to be the persons wh
executed the within instrument as VICE PRESIDENT and CONTROLL~R
or on behalf of CC SAN BERNARDINO, INC., the corporation therei~
names, and aCknowledged to me that the corporation executed it.
WITNESS my hand and official seal.
~ tuc.
ROlAM[ I. MAltANOE'
· _NW...-.ec. cw.~
~0ffICl.
OAMGE ccUm
Mr ClIMI... r. SlIt. D. ltn
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'~/Y/l:/:j?L-!:/; //P//~'///&/.
Nr y Publ~c 1n a09-/for said State
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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 nersons having an interest in the business, and the fict;-
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tious name must be signed also. The agreement must be notarized bv the
Subdivider. ~