HomeMy WebLinkAbout1987-239
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RESOLUTION NO.
87-239
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF A NEW STANDARD FORM AGREEMENT AND RELEASE OF THE
EXISTING AGREEMENT RELATING TO THE IMPROVEMENTS TO BE INSTALLED
IN TRACT NO. 10182, LOCATED APPROXIMATELY 488 FEET SOUTH OF THE
CENTERLINE OF IRVINGTON AVENUE AND EAST OF OLIVE AVENUE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that
proposed Subdivision Tract No. 10182, located approximately 488
feet south of the centerline of Irvington Avenue and east of
Olive Avenue, 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 W C B
Associates, and release the existing agreement with Shadow
Meadows, Ltd., for the improvements in said Subdivision Tract
as are required by Title 18, Municipal Code 6f City 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. 6978, 6979, 6980, and 17269
approved and on file in the Office of the City Engineer of the
City of San Bernardino.
SECTION 3. The Subdivider shall first execute the
agreement referenced in Section 2 hereof for the improvements
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within said subdivision. The City Clerk shall certify the
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approval and acceptance of the Mayor and Common Council as set
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forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of San
5/20/87
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1 Bernardino at a
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day of
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regular
meeting thereof, held
July
, 1987, by the following
AYES:
Counei 1 Members Estr6.da., Rp-iJ.ly, Flores, Maudsle ,
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NAYS:
ABSENT:
Minor, Pope-Ludlam, Miller
None.
None.
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/ City Clerk
day of
Ju :_y
The for ego i n 9 res 0 1 uti 0 n ish ere by a pp r 0 v e d t his 2./4t
Approved as to form:
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City At orney
5/20/87
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A G R E E MEN T
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(subdivision improvements)
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THI S AfREEMENT is made and entered ; nto th is 2142/ day of
\'/l~f ,198l. by and between the CITY OF SAN BERNARDINO
a munici.pa1 corporation, hereinafter referred to as JlCity", and
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lrJ (! 1] t1SstJ~ ///~ ~.
, hereinafter referred to as
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"Subdividerll.
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
riivision map (hereinafter called IlmapJl) entitled Il
TR 10182
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The map has been filed with the City for presentation to the~ity
Counci 1 (herei na fter ca 11 ed., II Counci 111) 0 f the Ci ty for its approva 1 ,
which map is hereby referred to and incorporated heretn.
Subdivider has requested approval of the map prior to the con-
struction and completion of improvements, including all streets,
high\'Jays 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.
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 5ubdi 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 improvem~nts within (and/or wi":hout) the
subdivision to complete. the improvements in accordance
with the plans and specifications on file as-~ereinbefore
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 ;s 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 within
24 Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, that in the
even t good cause is. shm-Jn therefor, the C i tv En9; neer may extend
the time for completion of the improvements hereunder. Any such
extension m~y be granted without notice to the Subdivider's suretv,
and extensions so grant~d 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 re~laced, or renair, or have
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repaired, as the case may be, all nines and ~onuments shown on the
mar which have been destroyed or dama0ed, and~?ubdivider shall re-
nln(e cr bave renlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of reDlacement or repairs, of
any and all property damaged or destroyed bv reason of anv work done
hereunder, whether such oroperty be owned bv the United States or
any agency thereof, or the State of California, or any a~encv or
political subdivision thereof, or by the City or by any public or
private corporation, or by any nerson whomsoever, or hv any comb;na-
tion of such owners. Any such re~air or renlacement shall be to the
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satisfaction, and suhject to the approval, of the City Engineer.
Utility Denosits - Statement
Subdivider shall file with the City Clerk, prior to the corrmencement
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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 Suhctividpr 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 cornortiticn within the Subdivision.
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Permits:
Compliance ''lith Law
Subdivider shall, at Subdivider's expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reouired bv
law. Subdivider shall" comnly with all nrovisions of the Subdivi-
sion Map Act and Title" 18 San Bernardino ~unicipal Code.
8. SUDerintendence bv Subdivider
Subdivider shall give personal superintendence to the work on
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said iml1r-ovement, or have a competent foreman or Superintendent,.
satisfactory to the City Engineer on the work'.at all tirr.es during
progress, with authoritv to act for Subdivider.
9. Inspecti on by C i tv
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection hv City, to all Darts r.f the
work, and to the shons wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider s~a11 furnish
to City imnrovement security as follows:
(1) An amount E0ual to at least one hundred bercent of the total
estimated cost of the imnrovement and acts to be performed as
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
cost of the improvements and acts to be nerformed as security for
the payment of all persons performing labor and furnishin9 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 nerf(.rrned cS
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 ~uaranteed by the security and in add-
ition to the face amount of the security, there shall be included
costs and reasonable expenses andcfees, including reasonable
attorneys' fees incurred bv City in successfully enforcing the
obligation secured. The type of security furnished shall be in.the
fonn of bonds, deoosits or letter? of credit as provided in Title
18 San Bernardino ~unici~al Code; and
the type shall he at the option of and suhject to the arnroval of
the City En~ineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
apoointive boards, commi ssions, officers, agents and emplo.vees, rClrfi"'less
from any 1 iabil ity for damage or c1 air:ls for damaqe for personal injury,
inclltdinq death, as "/ell as from claims for prolJertv 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 per~ons 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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ap~ointive boards, commissions, officers, agents and emoloyees
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
operaticns, provided as follows:
a. That Citv does not, and shall not,. ItJaive 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 Cit.v by Subdivider, or cn~' cf the insurance policie
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless aqreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraoh,
regardless of whether cr' not City has F)ref)ared, supolied or
approved of, nlans and/or specifications for the subdivision,
or regardless of \A/hether or not such ir.s~r:ant:e po11c;Es 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 oaragranh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sun-
contractor to corrrnence v:crk en hi s contract or subcontract unti 1 all
similar insurance required of the contractor or subcontractor shall
have been so obtained and aoproved. All reouirements herein providerl
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
Subdivider shall maintain, durinq the life of this agreement,
Workmen's Comnensation Insurance for all Subdivirer1s Emolovees
employed at the site of imDrovement, 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 emnloveps, unless such emolovees
are covered by the protection afforded hv 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
C0mDl:ns~t;cn Law,'Subdiv;der 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 subcontractar 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 nr00ertv damage insurance
as shall insure City, its elective and annointive hoards, commis-
sions, officers, agents and employees, Subdivider G~d anv 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 nrooerty damarJe which may arise from
Subt~ivider'~, Ot' any contractor's or s:.Jhcontractor' s operations
hereunder, whether such operatio~s 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 foll~Ns:
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(1) Public Liahility Insurancp.
In an amount not ~€$S than $ 100,000.00
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injuries, including, but not 1 imited to, death, to any
one oerson and, subjp.ct to the same limit for each
person, in an amount not less than S 300.000.00
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 rerson on account of any
one occurrenc.e.
I~ the event that any of the afore~aid insurance policies
'provided for in this Paragraoh 12 insures any entity, oerson,
board or commission other than those mentioned in this oara-
granh, such policy shall contain a standard form of cr0SS-
11c,bility endorsement, insuring on such policy City, its
elective and appointive boards, commi;2~sions, officers, agents
and employees, Subdivider and any contractor 0r sulco~tractor
performina work covered by this agreement.
13. Evidence of Insurance
Subdivider shall furnish Ci~y concurrently with the execution
hereof, with satisfactory evidence of the insurance reouired, and
evidence that each carrier is required to give City at least ten
days prior notice of the cancellation or reduction in coverage of
any policy during the effective Qeriod of this agreement.
14. Title to Improvements
Title to, and ownershi~ of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by Citv.
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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 rart of anv
strllctllre fllrni~hec clnd/or ;nstal':ed or constructed, or caused
to be installed or constructed by Subdivider, or anv of the work
done under this agreement, fails to fulfill an~ of the reouirements
of this agreement or the specifications referred to her~ir, 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. I-.e rotified, Citv may a
its cpticn, make the necessarv renairs or replacements or oerform
the necessary work and Subdivider shall nav to City the actual
cost of such repairs plus fifteen percen~ (15%).
16. Subdivider Not Agent of City
Neither Subdivider nor anv of Subdivider's agents or contractors
are or shall be considered to be ~~pnts cf 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 insf)ections and ot!!er servi ce~ r.cnnected wi th the City
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and De7ault
If Subdivider refuses or fails to obtain orosecution of the work~
or any severable part thereof, with such diliqence 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 Subdivider shoult.l IH~ adjud~ed a bankrunt, or Subdivider
should nlukc a general assion llcnt for the Genefi t of Subdi v;der' s
creditors, or if a ~eceiver should be anpointed in the event of
Sijbd~\'i(:Erl s insolvency, or if Sllh~1\'icEr, or any of Subdivider's
contractors, subcontractors, agents or er:~plovees, should violate
any of the provisions of this agreement, City Engineer or City
Council may serve written notice uron Subdivider and Subdivi~er's
'surety of bt'each of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance h\f Surety or City
In the event of, any SLlch notice, Suhdivider's surety shall have
the duty to take oViir ar:c cClT:plete i:he \"JOr\:. and the improvcr.ient
herein specified; provided, however, that if the suretv, within
five days after the serving upon 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 perf o riTiz; nc(
t~ereof within five days after notice to City of such election,
City may take over the work and Drosecute the same to completion,
by contract or by any other method City may deem advisable, for
the account and c.t the expense of S\.Ibd;\'icEr, and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, 'r'Jithout 1 iabi-
lity for so doing, may take possession of, and utilize in COM-
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.
Notices
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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Notices required to be given to City. shall be addressed as follows:
City Administrator, City Hall, 300 North "Oll 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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WCB ASSOCIATES
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P. O. Box 2026 - Palm Springs, CA 92263
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Notices required to be given surety of Sub'divider shall be addressed as
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follows: \(
AMERICAN HOME ASSURANCE CO.
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2101 W. Alameda Avenue - Burbank, CA 91506
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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
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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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ATTEST:
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. ~A~4M
I ~ity Clerk
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I Approved as to form:
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II Ci tv Attorney
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~ If the Subdivider is a corporation, the a9reement ~ust be executed in
" e corporate name and signed b,Y the Pres ident or a IIi ce-Presi dent ar.d the
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By:
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By:
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IN STRl Jr:T I f)NS
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""-"-'-""~'''''''';_''''''''''_:'~=c~2~~--_,__--,"'''',-=."-::,.,'_',r""",,'",
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CAT. NO. NN00636
TO 21954 CA (1-83)
(Corporation as a Partner of a Partnership)
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
. TICOR TITLE INSURANCE
} ss.
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On MAY 19, 1987 before me, the undersigned, a Notary Public in and for
said State, personally appeared ROBERT L. PIPPIN
personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed
the within instrument as the President, and J. W. STINDE
personally known to me or proved to me on the basis of satisfactory evidence
to be the person who executed the within ins:tr.ument as the VICE PRES IDENT AND Secretary of
WATT COMMUNITY BUILDERS, INC.
the corporation that executed the within instrument on
behalf of WAT~ COMMUNITY BUILDERS
ASSOCIAT S the partnership that executed
the within instrument, and acknowledged to me that such
corporation executed the same as such partner and that
such partnership executed the same.
WITNESS my hand and official sea
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OFFICIAL SEAL
IIT1Y SEXTON
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Signat
(This area for official notarial seal)
~.,- _'~'~-_.."_c:"",,,,,,_,,.=..,,.,,,,,,.,,,,.,..,,e:;t:;=';::',:::",,",_"'" ,. . ',".eo'-'.",;,,". c;~,' '-",...__",.:.,,,,:~Cf ~",.",,,,",.',-:-~---,,,,, ,
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 not~rized bv the
6 Subdivi der.
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