HomeMy WebLinkAbout1986-320
RESOLUTION NO. 86-320
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 12629, LOCATED ON THE
NORTHEASTERLY CORNER OF WALNUT AVENUE AND IRVINGTON AVENUE,
ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND
AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
IMPROVE~lENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE
SPECIFIED.
BEl T RES 0 L V E D B Y THE MAY 0 RAN D C 0 r~ M 0 N C 0 U N C I L 0 F THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1:
The Mayor and Common Council find that
8 proposed Subdivision Tract No. 12629, located on the North-
9 easterly corner of \oJalnut Avenue and Irvington Avenue, together
10 with the provisions for its design and improvements, is
11 consistent with the General Plan of the City of San Bernardino.
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SECTION 2:
The Mayor of the City of San Bernardino
13 is authorized on behalf of said City to execute the standard
14 form of agreement adopted by Resolution No. 84-8 with Forecast
15 Corporation, for the improvements in said subdivision tract as
16 are required by Title 18 of the San Bernard,ino ~1unicipal Code
17 and the California Subdivision Map Act. The time for perform-
18 ance is specified at 24 months.
Said improvements are
19 specifically described and shown on Drawings approved and on
20 file in the Office of the City Engineer of the City of San
21 Bernardino.
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SECTION 3: The Final Map of said subdivision tract is
23 her e b yap pro v e d and the C i t Y 0 f San B ern a r din 0 her e b y a c c e p t s
24 as public property all dedications within the subdivision as
25 s how non s aid Fin a 1 Map for s t r e e t s , all e y s , (i n c 1 u din g a c c e s s
26 rig h t s ), d r a i nag e and 0 the r pub 1 ice a s erne n t s . A sac 0 n d i t ion
27 precedent to approval of the Final Map, the Subdivider shall
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first execute the agreement referenced in Section 2 hereof for
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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
regular
meeting thereof, held on the
day of
4th
Auqus~
,1986, by the following vote,
to-wit:
AYES:
Council Members Estrada, Reilly, Hernandez,
Marks, Frazier, Strickler
NA YS: None
ABSENT: Council Member Quiel
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/ C 1 ty C e r
The for ego i n g res 0 1 uti 0 n ish ere by' a p pro v e d t his 5 th
day of
August
, 1986.
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Clty Attorney
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A G R E E MEN T
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II a municipal corporation, hereinafter referred to as "City", and
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I "Subdivider".
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'I oi vi s i on map (herei::~::: ::: ~e9d "map") entitl ed "
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(subdivision improvements)
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THIS AGREEMENT is made and entered into this 6th
day of
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August
, 198 ~ by and between the CITY OF SAN BERNARDINO
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,-,OEECZ\ST
, hereinafter referred to as
CO RI'O HZ\. T I ON
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
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The map has been filed with the City for presentation to the City
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II Counei 1 (herei na fter ea 11 ed "Council") of the City for its approva 1 .
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which map is hereby referred to and incorporated herein.
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Subdivider has requested approval of the map prior to the con-
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struction and completion of improvements, including all streets,
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highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
designated in the map, all in accordance with, and as required by, the
plans and specifications for all or any of said improvements in,
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appurtenant to, or outside the limits of subdivision, which plans and
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specifications are now on file in the office of the City Engineer of
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City.
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Council has approved said map and accepted the dedications
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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 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 an d
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Enginee'l' 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 ~~ 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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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 En9ineer may extend
the time for completion of the improvements hereunder. Any such
extension may be granted without notice to the Subdivider's surety,
and extensions so granted shall not relieve the surety's liability
on the bond to secure the faithful oerformance of this agreement.
The City Engineer shall be the sole and final judge as to whether
or not good cause has been shown to entitle Subdivider to an exten-
sion.
5. Repairs and Replacements
Subdivider shall replace, or have rerlaced, or renair, or have
repaired, as the case may be, all niDes and monuments shown on the
map which have been destroyed or damaged, anq 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 property be owned bv the United States or
any agency thereof, or the State of California, or any aqenc\I or
political subdivision thereof, or by the City or by anv public or
private corporation, or bV 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 City 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 written statement siqned bv Subdivider, and each public utilitv
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.1tion within the Subdivision.
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Permits:
Compliance Nith 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
l~w. Subdivider shall comply with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal Code.
8. Suoerintendence 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 Darts r.f the
work, and to the shoos wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City imnrovement security as follows:
(1) An amount equal to at least one hundred Dercent of the total
estimated cost of the imnrovement 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 least fifty percent of the total estimated
cost of the imnrovements and acts to be nerformed as security for
the payment of all persons performing labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount eoual to at least twenty-five percent of the total
est:mated cost of the improvements and acts to be nerf(.rrned 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 annroval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its elective and
appointive boards, commissions, officers, agents and employees, \'Clnrless
from any liability for damage or clair:ls foY' damage for personal injury,
including death, as 'Aiel 1 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 indirectly employed by, or
acting as agent for, Subdivider or any of Subdivider's contractors or
subcontractors. Subdivider arree~ to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emnlovees
from any suits or actions at law or in eauitv for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That City does not, and shall not" 'tlaive 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 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 anv
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has orepared, supolied or
approved of, nlans and/or specifications for the subdivision,
or regardless of whether or not such iAsuran~e po11cies shall
have been determined to be applicable to any 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 oaragranh and
such insurance shall have been approved ~y City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to cOlTlTlence \'!crk en his contract or subcontract until all
similar insurance required of the contractor or subcontractor shall
have been so obtained and approved.. All reoui\"'ements herein provided
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, durinq the life of this agreement,
Workmen's Compensation Insurance for all Subdivi~er's emnlovees
employed at the site of imorovement, and in case an,y work is
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 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'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 oropertv damage insurance
as shall insure City, its elective and aooointive boards, comm;s~
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 rleat~,
as well as from claims for nronerty dama~e which may arise from
SUbtlivider'~. Q}' any contractor's or subcontractor's operations
hereunder, whether such operatio~s be by Subdivider or any
contractor or subcontractor, or by anyone directly or indirectlv
employed by either Subdivider or any contractor os subcontractof,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
I n an amo un t not ~ € S s t h an $ 1, 0 0 0 , 0 0 0 for
injuries, including, but not limited to, death, to any
one oerson and, subject to the same limit for each
person, in an amount not less than $ 300,000
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not 1 ess than $ 50,000 for
damage to the property cf each person on account of any
one occurren ce.
I~ the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entity, oerson,
board or commission other than those mentioned in this para-
graph, such policy shall contain a standard form of cr0SS-
liability 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 a9reement.
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the execution
hereof, with satisfactory evidence of the insurance reauired, 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 Der;od of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
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work oerformed under this agreement, any structure or nart of any
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strllctllre furni!';hec: 2~nd/or instal:ed or constructed, or c~used
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to be installed or constructed by Subdivider, or any of the work
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done under this agreement, fails to fulfill any of the reauirements
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of this agreement or the specifications referred to herein, Sub-
divider shall without delay and without anv cost to City, renair
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or replace or reconstruct any defective or otherwise unsat~sfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promptly or in accordance with this requirement, or
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should the exigencies of the Subdivid(:r car. I-,e rotified, Citv may a
its cpticn, make the necessarv repairs or replacements or perform
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the necessary work and Subdivider shall oav to City the actual
cost of such repairs plus fifteen percent (15%).
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16. Subdivider Not Agent of City
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Neither Subdivider nor any of Subdivider's agents or contractors
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are or shall be considered to be ~0pnts of City in connection with
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the performance of Subdivider's obligations under this agreement.
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17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
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engi neering inspections and ot'!€'r servi ce5 connected wi th the City
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in regard to the subdivision.
Said fees shall be paid prior to
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corrrnen ci n 9 any constructi on.
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18. Notice of Breach and Default
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If Subdivider refuses or fails to obtain orosecution of the work,
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or any severable part thereof, with such diliqence as will insure
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its completion within the time specified, or any extensions thero~
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjud~jcd a bankrupt, or Subdivider
should make a general assion'TIcnt for the lJenefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Sl.lbdi"ic:€r's insolvency, or' if Sllhc~ivicEr, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of this agl~eement, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
19 Breach of Agreement; Perfonnance h" Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take OVf.:r anc cCIT:fll ete the \'JOrk and the improvement
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 perforlTl~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 c.t the expense of S(.Ibdi\'id€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 oft 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. Notices
All notices herein required shall be in writing, and delivered
in person or sent bv registered mail, postage prepaid.
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Notices required to be given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North tlO" 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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FORECAST CORrORATION
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7365 Hellman Avenue, Rancho Cucarnonqa, Ca. 91730
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Notices required to be given surety of Subdivider shall be addressed as
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follows:
DT":VELOPERS INSUR,Z\NCE
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P.O. Box 3343, Anaheim, Ca. 92803
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Provided that any party or the surety mav change such address bv notice in
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wri ting to the other pa rtv and thereafter noti ces sha 11 be addres sed 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 vear first above written.
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C,!JY"OF SAN BERNAROINO
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ATTEST:
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II Approved as to form:
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Bv:
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V'" /./ f ~')'i/7~
C i tv Attorney
By:
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INSTRIJCTlfJNS
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If the Subdivider is a corporation, the agreement must be executed in
corporate name and signed by the President or a Vice-President a~d the
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Secretary or ~ssistant Secretary, and the corporate seal affixed. If the
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 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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10 State of California
11 County of San Bernardino
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On July 14, 1986, before me the undersigned, a Notary Public
for the State of California, personally appeared James P. Previti,
President, and Felipe Bustamante, Secretary of'ForecastMortgage
Corporation, personally known to me to be the persons whose.
names are subscribed to this instrument, and acknowledged that
they executed it ,pursuant to its by-laws or a resolution of its
.FFI iALS." '-"'p"-. board of directors. ,
GAil PlcAoo . ~ . ", 13- ~
NO.TARY. puauc.cAL,IFO~NIA , ' " /7 d
SANEERNARDINOCOUNTY <::' ~ ~ .
My COl'lm. Expi~1 June'~9. 1990 .
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