HomeMy WebLinkAbout1987-173
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RESOLUTION NO. 87-173
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
PARCEL MAP FOR SUBDIVISION PARCEL MAP 9510, LOCATED AT THE
3 SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND MERIDIAN AVENUE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
4 AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
5 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 Parcel Map 9510, located at the Southwest
corner of Foothill Boulevard, and Meridian 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 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 Foothill
Meridian Plaza, a California General partnership, for the
improvements in said Subdivision Parcel as are required by
Title 18 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for performance is specified at
24 months. Said improvements are specifically described and
shown on Drawing No. 7049, 7206 and 7205, approved and on file in
the Office of the City Engineer of the City of San Bernardino.
SECTION 3: The Parcel Map of said Subdivision Parcel
is hereby approved and the City of San Bernardino hereby accepts
as public property all dedications within the Subdivision as
shown on said Parcel Maps for streets, alleys, (including
access rights), drainage and other public easements. As a
condition precedent to approval of the Parcel Map, the
5/20/87
1 Subdivider shall first execute the agreement referenced in
2 Section 2 hereof for the improvements within said Subdivision.
3 The City Clerk shall certify the approval and acceptance of the
4 Mayor and Common Council as set forth in this resolution.
5 I HEREBY CERTIFY that the foregoing resolution was duly
6 adopted by the Mayor and Common Council of the City of San
7 Bernardino at a
8 the 1st day of
9 vote to-wit:
regular
June
, 1987, by the following
meeting thereof, held on
AYES:
Council Members Estrada, Reilly, Flores,
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Maudsley, Minor, Pope-Ludlam, Miller
NAY S : None
ABSENT: None
~~/'
/' City Clerk
The foregoing resolution is hereby approved this ~)"?(
day of
June
22 Approved as to form:
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{~y ~:;:ey
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5/20/87
, 1987.
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A G R E E MEN T
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(subdivision improvements)
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; s made and entered into thi s lIt-A- day of
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, 19~, by and between the CITY OF SAN BERNARDINO
corporation, hereinafter referred to as "City", and
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Foothill Meridian Plaza, , hereinafter referred to as
a California general partnershlp
"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
riivision map (hereinafter called "map") entitled II
Parcel Map 9510
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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 "subdivisionll)
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.
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Council has approved said map and accepted the dedications
therein offered, or some thereof, on condition that Subdivider first
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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 dedi ca tions or some thereof, therei n
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. Perfonmance of Work
Subdivider will do and perfonm, or cause to be done and
perfonmed, at Subdi vi der' s own expense, in,} 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 Perfonmance
City hereby fixes the time for the completion of said
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work to be within 24 months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
event good cause is shown therefor, the City Enqineer 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 suretv'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 destroved or damaged, and Subdivider shall re-
nla~e or ~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 anv 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 bv the City or by any pUblic or
private corporation, or bV any person whomsoever, or hv any comb;na-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and suhject to the approval, of the Citv Engineer.
6. Utilitv 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 delineated on the man,
a written ,statement signed bv Subdivider, and each public utilitv
corpor~ti0n 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 cornoriltion within the Subdivision.
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Permits:
Compliance ~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,
give all necessary notices and pay all fees and taxes reouired bv
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law. Subdivider shall comoly with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Suoerintendence by Subdivider
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Subdivider shall give personal superintendence to the work on
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said im~rovement, 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 shops 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 Dercent of the total
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estimated cost of the imnrovement and acts to be performed as
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sec~ritv for'the faithful performance of this agreement;
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(2) An amount equal to at least fifty percent of the total estimated
cost of the improvements and acts to be nerformed as security for
the pa.vment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount e~ual to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be nerf(irmed 2S
security for the guarantee and warranty of the work for a np.riod of
one (1) year following the completion and accentance thereof against
any defective work or labor done, or defective materials furnished.
As a part of the obligation guaranteed 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, deposits or letters of credit as nrovided in Title
18 San Bernardino ~unici~al Code; an~
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
apoointive boards, commissions, officers, agents and emplo.vees, \-Clrrrless
from any liability for damage or cla;r:ls foY' damage for personal injury,
inclndinq death, as 'aJell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', aQents'
or employees' operations 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
subcontractors. Subdivider ar.ree~ to, and shall, defend City, and its
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I 12.
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ap~ointive boards, commissions, officers, agents and emDloyees
from any suits or actions at law or in equity for damages caused,
or alleged to have beep caused, by reason of any of the aforesaid
operations, provided as follows:
a. That City does not, and shall not,- v/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 (ln~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless a~reement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffereo, by reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether or- not Citv has orepared, supnlied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insurance policies shall
have been determined to be applicable to any of such damages
or claims for damages.
Subdivider1s Insurance
Subdivider shall not commence work under this agreement until Subdivider
shall havl~ obtained all insurance required under this oaragranh and
such insurance shall have been approved by City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to cOl11l1ence v: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 aoproved. All requirements herein providen
shall appear either in the body of the insurance policies or as endorse-
ments and shall specifically bind the insurance carrier.
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a. Compensation Insurance
Subdivider shall maintain, durin~ the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~erls emnlovees
employed at the site of imorovement, and in case any work ;s
sublet, Subdivider shall require any contractor or subcontractor
similarlv to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloyeps, unless such emolovees
are covered by the protection afforded bv Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under anv Workmen's
C0mpr:ns~tion 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 nropertv damage insurance
as shall insure City, its elective and anoo;nt;ve boards, commis-
sions, officers, agents and employees, Subdivider ar.d any contra(
tor or subcontractor performing work covered by this aqre~ment
from claims for damages for personal iniurv, including rleat~,
as well as from claims for nroperty damaCle which mav arise from
SUb(li\'ider'~, Ol' any contractor's or subcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
emploved by ei ther Subdivi der or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public L;ah;l;t~Insurancp.
In an amount not ~€ss than $ 100,000
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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 S 300,000
on account of anyone occurrence;
(2) Property Damage Insurance
I n an amount not 1 ess than $ 50,000
for
damage to the property cf each person on account of any
one occurrence.
IfI the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures any entity, oerson,
board or commission other than those mentioned in this nara-
graph, such policv shall contain a standard form of cr0SS-
liobility endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sulco~tractor
performing work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance reouired, and
evidence that each carrier is required to give Citv at least ten
days prior 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 improvements 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 uncer thi s agreement, any structure or part of "nv
strllctllre fllrni~hec (lInd/or instar~ed or constructed, or caused
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill an.v of the reauirements
of this agreement or the specifications referred to herein, 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 promntly or in accordance with this requirement, or
should the exigencies of the Subdivi~~r can ~e ~otified, City may a
its cpticn, make the necessarv repairs or replacements or perform
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 City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineerinq and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engineering insr>ections and ot'!f.'r s€rvice~ connected with the City
in regard to the subdivision. Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and Default
If Subdivider refuses cor fails to obtain prosecution of the work~
or any severable part thereof, with such diliqence as will insure
its comp 1 eti on wi th in the ti'me spec; fi ed, or any extens i ons th~rof'
or fails to obtain completion of said work within such time, or if
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the Sulldivi<.ler shoulll be adjud~Jed a bankrupt, or Subdivider
should make a general 055i(1n llcnt for the LJenefi t of Subdivider's
creditors, or if a receiver should be appointed ;n the event of
S ub d i \' i c: ( r' 5 ins 0 1 ve n c y, 0 l" i f S \1 h c~ i \' ; c c: r, 0 ran y 0 f Sub d ; v ide r ' s
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agr'cement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
~urety of b.~ach of this agreement, or of any pnrtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance tw Surety or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take OVt;r anc cCIT:nlete \:he \'JOrk 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 perforrTI~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 a.t 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 possesslon of, and utilize in co~-
pleting the work, such materials, apnliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessary therefor.
20. Notices
All notices herein re~uired shall be in writing, and delivered
in person or sent b~ registered mail. postage prepaid.
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COUNTY OF
Oranqe
}s.
STATE OF CALIFORNIA
On this 29 t h day of A p r i 1 . in the year 19 87 .
before me. the undersigned I a Notary Public in and for said State. personally appeared
Alex Chanaka
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OFFICIAL SEAL
MARILYN C BERNARD
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires .tAN 6, 1989
I personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of the q en era 1 Partnership named therein. and acknow-
ledged to me that theq en era 1 Partnership executed it.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-General or Limited Partnership-Wolcotts Form 236CA-Rev, 5.82
(c'1982 WOLCOTTS. INC, (price class 8,2)
COUNTY OF Orange
}s.
STATE OF CALIFORNIA
On this 29th day of April . in the year 19 87.
before me. the undersign~d I a Notary Public in and for said State. personally appeared
Charles F. Klng
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OFFICIAL SEAL
MARILYN C BERNARD
NOTARY PUBLIC - CALIFORNIA
ORANGE COUNTY
My comm. expires .tAN 6, 1989
. personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person who executed the
within instrument on behalf of theg en era 1 Partnership named therein. and acknow-
ledged to me that theg e n era 1 Partnership executed it.
WITNESS my hand and official seal.
ACKNOWLEDGMENT-General or Limited Partnership-Wolcotts Form 236CA-Rev, 5.82
(c)1982 WOLCOTTS. INC, (price class 8.2)
[
CAT. NO. NN00630
TO 21946 CA (1-83)
(Partnership)
f
STATE OF CALIFORNIA
COUNTY OF (P')< M.6~
On M A \f l ~ t I <? Z) 1 before me, the undersigned, a Notary Public in and for
said State, personally appeared -n+o M ~ p. ~ ~-pp A-R-l)
I) TICOR TITlE INSURANCE
} ss.
...
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...
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III
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, personally known to me or
proved to me on the basis of satisfactory evidence to be
the person who executed the within instrument as
oN. r;;;- of the partners of the partnership
that executed the within instrument, and acknowledged
to me that such partnership executed the same.
WITNESS my' hand and official seA IJ /J .
Signature [1r ~
OFFICIAL SEAL I
SUZANNE VAHANIAN
NOTARY PUBLIC -CALIFORNIA
LOS ANGELES COUNTY
My CommiSSion Expires July 16, 1989
~
(This area for official notarial seal)
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "0" Street, San Bernardino,
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California 92418.
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Notices reauired to be given to Subdivider shall be addressed as follows:
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Foothill Meridian Plaza, c/o Chuck King,
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575 Anton Blvd., Suite 600, Costa Mesa, CA 92626
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
Dean Walker, MOrgan & Franz
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402 W. 2nd St., San Bernardino, CA 92401
Provided t~at any party or the surety may change such address bv notice ;n
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
ATTEST:
~ S~N BERN~RnINO
. By: ~~~ JJd~7'/
Mayor I \ /
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~/?/~~M
,ti ty C1 erk
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SUBOIVlnEQ
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er
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By:
he rd, general
/Aartne. r
~A,(o(L>-
a, general partner
Ci tv Attorney
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INSTRlJCT I0NS
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If the Subdivider ;s a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President a~d the
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1 Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider 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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