HomeMy WebLinkAbout1986-467
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RESOLUTION NO. 86-467
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP
2 FOR SUBDIVISION TRACT NO. 13331, LOCATED APPROXIMATELY 135 FEET ON THE EAST
3 SIDE OF MERIDIAN AVENUE, AND APPROXIMATELY 990 FEET SOUTH OF THE CENTER LINE
OF MILL STREET; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP;
4 AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS
IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE ~1AYOR AND COMMON COUNCIL OF THE CITY OF SAN
6 BERNARDINO AS FOLLOWS:
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SECTION 1: The Mayor and Common Council find that proposed
8 Subdivision Tract No. 13331, located approximately 135 feet on the east side
9 of Meridian Avenue, and approximately 990 feet south of the center line of Mill
10 Street, together 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 is authorized
13 n behalf of said City to execute the standard form of agreement adopted by
14 esolution No. 84-8 with Forecast Corporation, a limited partnership, for the
15 omprovements in said subdivision tract as are required by Title 18 of the San
16 ernardino Municipal Code and the California Subdivision Map Act. The time for
17 erformance is specified at 24 months. Said improvements are specifically
18 escribed and shown on Drawings No. 7095, 7096 and 7094, approved and on file
19 On the office of the City Engineer of the City of San Bernardino.
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SECTION 3: The final map of said subdivision tract is hereby
21 pproved and the City of San Bernardino hereby accepts as public property all
22 edications within the subdivision as shown on said final map for streets, alle~
23 including access rights), drainage and other public easements. As a condition
24 recedent to approval of the final map, the Subdivider shall first execute the
25 greement referenced in Section 2 hereof for the improvements within said
26 ubdivision. The City Clerk shall certify the approval and acceptance of the
27 ayor and Common Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by
1 the Mayor and Common Council of the City of San Bernardino at a
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regular
meeting thereof, hel d on the 17th day of November
3 1986, by the following vote, to-wit:
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AYES:
Counci 1 Members Estrada, Reilly, Hernandez. Mark~
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Quiel, Strickler
NAYS:
None
ABSENT:
Council Member Frazier
~-In~~M
/ City Clerk
The foregoing resolution is hereby approved this )~~ day
November
, 1986.
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City of San
17 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~~;~ day of
L;! )/I/!tttrh-) . 19lt. by and between the CITY OF SAN BERNARDINO
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a municipal corporation, hereinafter referred to as "City", and
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FORECAST MORTGAGE CORPORATION , herei nafter referred to as
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"Subdivider".
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
rlivision map (hereinafter called "map") entitled" Tract 13331
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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 "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,
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 perfonnance by Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
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1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdi vi der' s own expense, ; n .} good and
workman 1 i ke manner, and furni sh all requi red mater; a 1 s ,
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 necessary 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 24 Months
from the date herp.of.
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 En0ineer ma." extend
the time for completion of the imnrovements 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 t~is 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 cr ~ave renlaced, repair, or have repaired, as the case may be,
or pay to the owner, the entire cost of reDlac€ment 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 agencv or
political subdivision thereof, or bv the City or by anv public or
private corporation, or by any nerson whomsoever, or hv any combina-
tion of such owners. Any such re~air or renlacement shall be to the
satisfaction, and suhject to the anproval, of the City Engineer.
6. Util itv 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 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 cornorC1tion within the Subdivision.
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Permits:
Compl iance '-lith Law
Subdivider shall, at Subdivider1s expense, obtain all necessary
permits and licenses for the construction of such improvements,
give all necessary notices and pay all fees and taxes reQuired bv
law. Subdivider shall comoly with all nrovisions of the Subdivi-
sion Map Act and Title 18 San Bernardino ~un;cipal 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 shons wherein the work is in preoaration.
10. Contract Security
Concurrently with the execution hereof, Subdivider s~all furnish
to City imnrovement security as follows:
(1) An amount ~~ual to at least one hundred percent of the total
estimated cost of the imnrovement and acts to be performed as
sec'.Ari t,v for the fa i th ful performance of th i s agreement;
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(2) An amount equal to at least fifty percent of t~e total estimated
cost of the imnrovements and acts to be nerformed as security for
the payment of all persons oerform;nq labor and furnishing mater-
ials in connection with this agreement; and
(3) An amount enual to at least twenty-five percent of the total
est.!mated cost of the 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 bv 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
fornl of bonds, deoosi ts or 1 etters of credi t as prov; ded in Ti tle
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, \'clnrless
from any liability for damage or claius foY' damaqe for personal injury,
includinq death, as '-Jell as from claims for prouertv damage which may arise
from Subdivider's or Subdivider's contractors', 'subcontractors', aoents'
or employees' operations under this agreement, whether such ooerations
be by Subdivider or bv 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.rees to, and shall, defend City, and its
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apnointive boards, commissions, officers, agents and emolovees
from any suits or actions at law or in eouitv for damages caused,
or alleged to have beer caused, by reason of anv of the aforesaid
operations, provided as follows:
a. That Citv does not, and shall not, v/a;ve 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 by Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffererl, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether Gr' not City has nreoared, supolied 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 any of such damages
or claims for damages.
Subdivider's Insurance
Subdivider shall not commence work under this agreement until Subdivi der
shall havl;: obtained all insurance required under this paragranh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Suh-
contractor to corrrnence 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 approved" All reou;r'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
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Subdivider shall maintain, durinq the life of this agreement,
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Workmenls Compensation Insurance for all Subdivic'er's emolovees
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employed at the site of imDrovement, and in case anv work ;s
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sublet, Subdivider shall require any contractor or subcontractor
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similarly to provide Workmenls Comoensation Insurance for all
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contractorls or subcontractorls emn1oveps, unless such emolovees
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are covered by the protection afforded bv Subdivider. In case
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any class of employees engaged in work under this agreement at
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the site of the project is not protected under any Workmen IS
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C0mpr:ns~ticn Law, Subdivider shall provide and shall cause each
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contractor and subcontractor to provide, adequate insurance for
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the protection of employees not otherwise nrotected. Subdivider
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shall indemnify 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 durino the life of this
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agreement such public liability and orooerty damage insurance
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as shall insure City, its elective and annointive boards, commis-
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sions, officers, agents and employees, Subdivider a~d any contra<
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tor or subcontractor performing work covered by this aqre~ment
from claims for damages for personal iniurv, including rleat~,
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as well as from claims for nroperty clama(}e which may arise from
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SUbtlividerl~. Ot' any contractorls or s:.Jhcontractorls operations
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hereunder, whether such operatiors be by Subdivider or anv
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contractor or subcontractor, or bv anvone directly or indirectly
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employed bv either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liahi] it~lnsurancA
I n an amo u n t not ~ f S s t h an $ 1 0 0 , 0 0 0 . 0 0
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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 $ 300,000.00
on account of any one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00
for
damage to the pronerty cf 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 oara-
graph, such policv shall contain a standard form of cr0SS-
liability endorsement, insuring on such policy City, its
elective and aopointive boards, commissions, officers, agents
and employees, Subdivider and any contractor 0r sutcortractor
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 reouired, and
evidence that each carrier is required to give City at least ten
days orior 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
by 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 vear after final acceptance of the
work oerformed under this aqreer.1ent, any structure or part of onv
str\lct\lre fllrni~hec c.nd/or ;nstal~ed or constructed, or caused
to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reauirements
of this agreement or the specifications referred to here;r:, Sub-
divider shall without delay and without anv 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 Subdiyi~~r (an ~e rotified, City may a
its cpticn, make the necessary repairs or replacements or oerform
the necessary work and Subdivider shall nay 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 cf Citv in connection ~tith
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspectio~
Subdivider shall pay to City the costs of all permit fees for all
engi neering ins!1ections and ot'lE'r servi CE:5 rcnnected wi th the Ci tv
in regard to the subdivision.
Said fees shall be paid prior to
commencing any construction.
18. Notice of Breach and Default
If Subdivider refuses or fails to obtain nrosecution of the work~
or any severable part thereof, with such dilioence as will insure
its comp 1 eti on wi th in the time spec; fi ed, or any extens ions thc::rof
or fails to obtain completion of said work within such time, or if
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the Subdivider shoulll l)f~ adjud~jec1 a bankrunt, or Subdivider
should make a general nssinn'Tlcnt for the uenefit of Subdivider's
creditors, or if a receiver should be anpo;nted in the event of
S ub d ~ \' i c: ( r' sin sol ve n c y, 0 r' i f S 1I h (~ i v ; C E r, 0 ran y 0 f Sub d i v ide r ' s
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of this agn:cment, City Engineer or City
Council may serve written notice upon Subdivider and Subdivider's
'surety of breach of this agreement, or of any pr.rtion thereof,
and default of Subdivider.
19 Breach of Agy'eement; PerfonnOJ1ce rw Surety or City
In the event of any such notice, Subdivider's surety shall have
the duty to take ov(;r anc cOT!:nlete i:he \'Iork and the improvcr"ent
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 perforrTlz;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 Stlbdi\'idEr, and Subdivider's
surety shall be liable to City for any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
lity for so doing, may take possession of, and utilize in corn-
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 he given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "0" Street, San Bernardino,
California 92418.
Notices reouired to be given to Subdivider shall be addressed as follows:
Forecast Mortqaqe Corporation
7365 Hellman Avenue
Rancho Cucamonga, CA 91730
Notices required to be given surety of Subdivider shall be addressed as
follows: Insco Dico
P.O. Box 333
Anaheim, CA 92801
Provided tl-)at any party or the surety mav change such address bv notice in
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:
By
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, .. i;"/h~?l/ ~'" .btLA-
lJ:v.~ftr~/i...~?;
. , / / Lli~'?ty;/
,/ . /l >. r'
SUBOIVIflER
Anproved. as to form:
\ . Bv:
By:
City Attorney
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IN STRI JCT 10NS
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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SE
~6AJ~~Fo~ALlFORNI~an Bernardino
On November 4, 1986
said State, personally appeared J ame s P.
Felipe Bustamante
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, before me, the undersigned, a Notary Public in and for
Previti and
, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as
The President and The Secretary, on behalf of
Forecast Mortgage Corporation ,
the corporation therein named, and acknowledged to me that
such corporation executed the within instrument pursuant to its
by-laws or a resolution of its board of directors.
WITNESS my hand and official seal.
OFFICIAL SEAL
BEVERLY It CAREY
NOTARY PUBLIC. CALIFORNIA
SAN BERNARDINO COUNTY
My Comm. Expires Avg 24, 1990
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Signature ~ 5 ~
(This area for official notarial seal)
1 Secretary or ~ss;stant Secretary, and the corporate seal affixed. If the
2 Subdivider is a partnership, it must be signed bv all partners. If the
3 Subdivider is an individual doing business under a fictitious name, it must
4 be signed by all nersons having an interest in the business, and the ficti-
5 tious name must be signed also. The agreement must be notarized bv the
6 Subdivi der.
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