HomeMy WebLinkAbout1986-293
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RESOLUTION NO.
Rh-?ql
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
PARCEL MAP FOR SUBDIVISION PARCEL MAP 9051, LOCATED ON THE
WEST SIDE OF WATERMAN AVENUE AND APPROXIMATELY 660 FEET SOUTH
OF THE CENTERLINE OF MILL STREET, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION
OFT H EST AND A R 0 FOR t<1 0 FAG R E E r~ E N T FOR THE I ~1 PRO V E ~1 E N T SIN S A I D
SUBDIVISION, WITH TI~1E FOR PERFORMANCE SPECIFIED.
BEl T RES 0 L V E D B Y THE ~1 A Y 0 RAN D COM t,1 0 N C 0 U N C I L 0 F THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1:
The Mayor and Common Council find that
8 proposed Subdivision Parcel Map 9051, located on the West side
9 of Waterman Avenue and approximately 660 feet South of the
10 centerline of Mill Street, together with the provisions for its
11 design and improvements is consistent with the General Plan of
12 the Ci ty of San Bernardi no.
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SECTION 2: The Mayor of the City of San Bernardino is
14 authorized on behalf of said City to execute the standard form
15 of agreement adopted by Resolution No. 84-$ with Richard C.
16 Hunsaker and Kenneth R. Himes, for the imp.rovements in said
17 Subdivision Parcel as are required by Title 18 of the San
18 Bernardino Municipal Code and the California Subdivision Map
19 Act. The time for performance is specified at 24 months. Said
20 improvements are specifically described and shown on Drawing
21 Nos. 6806, 6807, and 6808 approved and on file in the Office of
22 the City Engineer of the City of San Bernardino.
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SECTION 3: The Parcel Map of said Subdivision Parcel
24 ish ere by a p pro v e d and the City 0 f San Be r n a r din 0 her e by
25 a c c e p t s asp u b 1 i cpr 0 per t y all d e d i cat ion s wit h i nth e
26 Sub d i vis ion ass how non s aid Par c e 1 ~1 a p s for s t r e e t s, all e y s ,
27 (including access rights), drainage and other public easements.
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As a condition precident to approval of the Parcel 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
Bernardino at a
reqular
meeting thereof, held on
day of
July
1986, by the
the 21st
following vote to-wit:
AYES:
Council Members Estrada, Reilly, Hernandez,
Marks. Quiel. FrazierJ Strickler
NAYS:
None
ABSENT: None
~~$d~
/ Clty C erk
The foregoing resol ution is hereby approved this c~fifiL
19 day of
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1986.
July
an Bernar lno
Approved as to form:
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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 6th day of
August
, 198 ~ by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
Richard C. Hunsaker and
Kenne th R. H irne s , herei na fter referred to as
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"Subdividerll.
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled ..
Pl-,-RCEL MAP 9051
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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.
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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 IIsubdivisionll)
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-
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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 perfonnance 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,} good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee'f' 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~s 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 fixes the time for the completion of said
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24 months
work to be within
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 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 destroyed or damaged, and, Subdivider shall re-
nla~e or bave renlaced, 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 oroperty be owned bv the Uni ted Sta tes or
any agency thereof, or the State of California, or any aqenc\l or
pol itical subdivision thereof, or by the City or by any pub' ic or
private 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 anproval, of the Citv Engineer.
6. Utility Denosits - 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 wri tten statemen t s i qned bv Subdi v i der, and each pub 1 i c uti 1 i tv
corporati0n involved, to the effect that Subdivider has made all
deposits legally required by such public utility cornoration for
the connection of any and all public utilities to be supplied by
such public utility cornorc:ttion within the Subdivision.
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Permi ts: Comp 1 i ance '-Ii th Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessarv notices and pav all fees and taxes reouired ~v
l~w. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~un;c;pal Code.
8. Superintendence by Subdivider
Subdivider shall give personal superintendence to the work on
said improvement, or have a competent foreman or Superintendent,
satisfactory to the City Engineer on the work at all times during
progress, with authority to act for Subdivider.
9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all parts r.f the
work, and to the shoos wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider sha11 furnish
to City imnrovement security as follows:
(1) An amount ~qual to at least one hundred percent of the total
estimated cost of the imnrovement and acts to be performed as
security 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 performed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount equal to at least twenty-five percent of the total
est~mated cost of the imnrovements and acts to be oerformed es
security for the guarantee and warranty of the work for a neriod 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 by 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 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
apoointive boards, commissions, officers, agents and employees, ranrless
from any liability for damage or clair:ls fay' damage for personal injurv,
incll1dinq death, as 'A/ell 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 ooerations
be by Subdivider or by any of Subdivider's contractors, subcontractors,
or by and one or more persons directly or indirectlv employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivi~~~r,afree~~ to, .and shall, defend City, and its
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ap~ointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, by reason of any of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not" 't/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 Cit,v by Subdivider, or cny 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, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has orepared, supplied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such insuran~e policies shall
have been determined to be applicable to anv of such damages
or claims for damages.
12. 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 approved ~y City Attornev as to form,
amount and carrier, nor shall ~ubdivider allow any contractor or Sub-
contractor to corrmence \'lcrk 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 ap~ear 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 Compensation Insurance for all Subdiv;cer's €mDloyees
employed at the site of imorovement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Comoensation Insurance for all
contractor's or subcontractor's emnloveps, unless such emoloyees
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 any Workmen IS
C0mor: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 Citv for any damage resulting to it from failure
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 durinq the life of this
agreement such public liability and orooertv damage insurance
as shall insure City, its elective and aooo;ntive boards, commis-
sions, officers, agents and employees, Subdivider and any contra<
tor or subcontractor performing work covered by this aqreement
from claims for damages for personal iniurv, including deat~,
as well as from claims for nroperty damaqe which may arise from
Subt1ividerls Ot' any contractorl s or subcontractor' s operations
hereunder, whether such operatior.s be by Subdivider or any
contractor or subcontractor, or by anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor~
a~~ ,the ,a ..~~n~~~s.,.~~~s~~~~~~,.Shall be a~, follows:
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(1) Public Liability Insurance
..../ (-:",. J I~:' t:.. c.\
In an amount not ~€ss than $
100,000.00
for
injuries, including, but not limited to, death, to any
one person and, subject to the same limit for each
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person, in an amount not less than $ 300,000.00
on account of anyone occurrence;
(2) Property Damage Insurance
In an amount not less than $
~.:~~_..t.,:~-_'~ .{'~. -~-~<'Ct"'~
50,000.00
for
damage to the pronerty of each person on account of any
one occurrence.
I~ 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 para-
graph, such policv shall contain a standard form of cr0SS-
1iability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r subcortractor
performing work covered bv this agreement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently \~ith the execution
hereof, with satisfactory evidence of the insurance required, 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 lJeriod of this agreement.
14. Title to Improvements
Title to, and ownershi~ 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 under this agreement, any structure or nart of any
strllct\lre furni !ihec: C'lnd/or ins ta 1: ed or cons tructed, or CCl used
to be installed or constructed bv Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the requirements
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 anv 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 ratified, City may a
its opticn, 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 percent (15%).
16. Subdivider Not Agent of City
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 inspections and ot'ler servi ces connected wi th the City
in regard to the subdivision.
Said fees shall be paid prior to
corrrnencing 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 diliqence as will insure
its completion within the time specified, or any extensions thGro+"
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjud~Jec1 a bankrupt, or Subdivider
should make a general assion'11cnt for the LJenefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Sl.lbdi\'ic:Er's insolvency, or if Sllh(~iv;CEr, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agr'eement, City Engineer or City
Council may serve written notice uron Subdivider and Subdivider's I
'surety of bt'each of this agreement, or of any portion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance n\l Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take over anc corr:rlete '(he vJOrk and the improvement
herein srecified; provided, however, that if the surety, 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 perforlTi0nc(
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 at the expense of SI.lbdi\'icE.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 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.
20. Not; ces
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
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1 Notices required to be given to City shall be addressed as follows:
2 City Administrator, City Hall, 300 North 110" Street, San Bernardino,
3 Cal ifom;a 92418.
4 Notices reauired to be given to Subdivider shall be addressed as follows:
5 I 17761 Mitchell, Irvine, CA 92714
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7 Notices required to be given surety of Subdivider shall be addressed as
8 follows:
United Pacific/Reliance
9
443 Shatto Place, Los Angeles, CA 90020
10 Provided that any party or the surety may change such address bv notice in
11 writing to the other party and thereafter notices shall be addressed and
12 transmitted to the new address.
13 IN WITNESS WHEREOF, the parties hereto have executed this agreement on
14 the day and vear first above written.
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16 ATTEST:
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CI~ryF SAN BERNAROINO
~D fr J}Z
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By:m~ J -fA ' . ~w-/
Mayor I'
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A#d;l/t?~~
C'i ty Cl erk
SUBDIVlflER
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er
Anproved as to form:
Bv:
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Vt>/'.;>~-€/
By:
~-~ .
Kenneth R. Himes
INSTRIJr:TI0NS
If the Subdivider is 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 S~cretarv, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider ;s 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 Sub d i v i de r .
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CAT. NO. NN00627
TO 1944 CA (1 -83)
. TICOR TITlE INSURANCE
On
said State, personally appeared
Richard C. Hunsaker and Kenneth R. Himes
before me, the undersigned, a Notary Public in and for
(Individual)
STATE OF CALIFORNIA
COUNTY OF
ORANGE
tt{o~
} ~.
NAvt
~,
, personally known to me or
proved to me on the basis of satisfactory evidence to be
the persone... whOSe name S subscribed to the
within instrument and acknowledged that they exe-
cuted the same.
WITNESS my hand and official seal.
Si~ature (~J~ I' ~
OFFICIAL SEAL
JUNE P. HUFF
NOTARY PUBlIC. CAUFORNIA
PRIHCtPAL OFfICI.
ORANQI CO&IIIY
My CommISSion &p. .... M. ..
(This area for official notarial seal)
CLARKE MARINE INSURANCE
255 MARINA DR.
LONG BEACH, CALIF. 90803
(213) 594-0991 · (714) 840-2421
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS
NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND,
EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
INSURED
RICHARD C. HUNSAKER
& KENNETH HIMES
HUNSAKER DEVELOPMENT
P. O. BOX 2423
SANTA ANA, CA 92705
COMPANY A UNITED PACIFIC/RELIANCE INS CO
LETTER
COMPANY B CHUBB/FEDERAL INSURANCE COMPANY
LETTER
COMPANY C
LETTER
COMPANY D
LETTER
COMPANY E
LETTER
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MA Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMlDDNY)
POLICY EXPIRATION
DATE (MMlDDNY)
LIABILITY LIMITS IN THOUSANDS
OCC5~~~NCE AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY DAMAGE
PERSONAL INJURY
BODILY
INJURY
$
$
PROPERTY
DAMAGE
$.
$
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC 029 70 34
1-1-86
2-1-87 BI & PO $ 1,000$
COMBINED
PERSONAL INJURY $ 1,000
BODILY
INJURY $
~ (PER PERSON)
. BODILY
INJURY $
(PER ACCIDENT)
2-1-87 PROPERTY
DAMAGE $
BI & PO 1 ,00
COMBINED $
2-1-87 BI & PO $ 1 0 ,0 ~.10,00
COMBINED
STATUTORY
$ 2 , 0 0 Q~H ACCIDENT)
1-1-87 $2, liEASE-POLlCY LIMIT)
$2, liEASE-EACH EMPLOYEE)
UP 036
17 09
2-1-86
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV. PASS.)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
UP 036 17 09
2-1-86
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
(87) 7961-07-90
2-1-86
OTHER
DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/SPECIAL ITEMS
RIVERGATE INDUSTRIAL PARK, PARCEL MAP 9051
& ADD
CITY OF SAN BERNARDINO
300 N. D STREET
SAN BERNARDINO, CA
~1\'ij;~
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATION DATE THEREOF, THE ISSUING COMPANY WILL (tiDE "'8Ft HI
MAIL 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT,
AU
· iHD