HomeMy WebLinkAbout1980-093
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RESOLUHJN f~O. ~O ~q~
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RESOLUTION OF THE CITY OF SAN BEJ;:NARDINO APPROVING THE FIi~AL MAP
FOR SUBDIVISION TRACT NO. 10516 L~CATED ON THE NORTHSIDE OF PUMALO
STREET BETWEEN DEL ROSA AVENUE AND CHIQUITA LANE; AUTHORIZING EXECUTION
OF AN AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION.
BE IT RESOLVED BY THE MAYOR AND Cm~MOi~ COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that prooosed Sub-
division Tract No. 10516 Located on the Northside of Pumalo Street be-
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tween Del Rosa Avenue and Chiquita Lane, together l'lith the provisions
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for its design and improvements is consistent with the General Plan
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of the City of San Bernardino.
SECTION 2. The Mayor of the City of San Bernardino is authorized
on behalf on said City to execute an agreement vlith John A. Thayer,
Ruby W. Thayer and Catherine Garringer for the improvements in said
Subdivision Tract as are required by City Ordinance No. 1984 and the
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California Subdivision Map Act. Said Improvements are specifically
described and shown on Drawing No., 5574 approved and on file in the
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Office of the City Engineer of the City of San Bernardino.
SECTION 3. The Final Map of said Subdivision Tract is hereby
approved. As a condition precedent to approval of the Final Map, the
Subdivider shall first execute the agreement referenced in Section 2
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hereof for the improvements \~ithin said subdivision. The City Clerk
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shall certify the approval and acceptance of the Mayor and Common
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Council as set forth in this resolution.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted
by the Mayor and Common Council of the City of San Bernardino at a
zYcd
of ;;l~:~A
meeting thereof, held on the
day
, 19~, by the following vote, to wit:
AYES: COUNCILMEN tn6TIJMoAII J 11)A.oo ~()" ~()Mj~\
,)J,Qflll ;"8\ t,LJJrll "'" " {)fn;,.JOQA
NAYS: 'JJ!\Yu)
ABSENT: &1/M1': OhHnM ~[)
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The foregoing resolution is hereby approved this
day of
~(l~
, 19~O
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II Approved as to form:
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A G R E E MEN T
(,ubdivision improvements)
'rUIS AGREEMENT is made and entered into this 3rd day of
March , 192 80, by and between the CITY OF SAN BERNARDINO
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:a municipal corporatiQn, hereinafter referred to as "City", and
Catherine Garrinqer. John Thayer and RulJy Thayer, hereinafter referred
to as "Subdivider".
R E C I TAL S:
Subdivider has presented to City for approval a final
subdivision map (hereinafter called "map") entitled " Tract 10516
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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
construction and completion of improvements, including all streets,
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20 a part of, or appurtenant to, the subdivision (hereinafter called
21 "subdivision") designated in the map, all in accordance with, and
22 as required by, the plans and specifications for all 0.. any of
23 said improvements in, appurtenant to, or outside the limits of
24 subdivision, which plana and specifications are now on file in the
25 office of the City Engineer of City.
26 Council has approved said map and accepted the dedications
21 therein offered, or some thereof, on condition that Subdivider
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This agreement i$ executed pursuant to the provisions of
he Subdivision Map Act of the State of California and Ordinance
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o. 1984 of City.
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NOW, THEREFORE, for and in consideration of the approval 1
f the map and of the acceptance of the dedications or some thereo ,
herein offered, and in order to insure satisfactory performance I
y Subdivider of Subdivider's obligations under said Subdivision I
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p Act and said ordinance, the parties agree as follows: I
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1. Performance of Work I
Subdivider will do and perform, or cause to be done anQ
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
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all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) the
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subdivision to complete the improvements in accordance
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with the plans and $pecifications on file as herein-
before specified, or with any changes required or
ordered by said Engineer, which in his opinion are
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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
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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 bffice, and to the satisfaction of said City
Engineer.
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3. Work: Time for Commencement and Performance
City hereby fixes the time for the completion of sai~
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work to be within
Twenty-Four (24) Months
from the date hereof.
4. Time of Essence - Extension
Time is of the essence of this agreement; provided, tha
in the event good cause is shown therefor, the City
Engineer 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 performanc,
of this agreeJllent. The City Engineer shall be the sole I
and final judge as to whether or not good cause has bee1
shown to entitle Subdivider to an extension. I
5. Repairs and Replacements
Subdivider shall replace, or have replaced, or repair,
or have repa~red, as the case may be, all pipes and
monuments shown on the map which have been destroyed
or damaged, and Subdivider shall replace or have re-
placed, repa~r, 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
by reason of any work done hereunder, whether such
property be owned by the United States or any agency
thereof, or the State of California, or any agency or
political subdivision thereof, or by the City or by
any public or private corporation, or by any person
whomsoever, or by any combination of such owners. Any
such repair or replacement shall be to the satisfaction,
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and subjeot to the approval, of the City Engineer.
6. Utility Deposits - Statement
Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the
area delineated on the map, a written statement signed
by subdivider, and each public utility corporation in-
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deposits legally required by such public utility corporl
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ation for the connection of any and all public utilitie~
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volved, to the effect that Subdivider has made all
to be supplied by such public utility corporation
within the subdivision.
7. Permits: Compliance with 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 required by law. Subdivider shall
comply with all provisions of the Subdivision Map Act
and City Ordinance No. 1984.
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 by City, to all
parts of the work, and to the shops wherein the work
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is in prep~rat~on.
10. Contract se~urity
Concurrently with the execution hereof, Subdivider shall
furnish to Ci~y improvement security as follows:
(1) An amount equal to at least one hundred percent
of the total estimated cost of the improvements
and acts tQ be performed as security for the
faithful pe~formance of this agreement;
(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 perfqrming labor and furnishing materialS
in connection with this agreement; and
(3) An amount equal to at least twenty-five percent
of the total ,stimated cost of the improvements
and acts to b~ performed as security for the guar-
antee and warranty of the work for a period of on~
(1) year following the completion and acceptance
thereof again$t any defective work or labor done,
or defective materials furnished. As a part of the I
obligation gu~ranteed by the security and in addi-
tion to the f~ce 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 City Ordinance No. 1984
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and the type shall be at the option of and subject!
to the approval of the City Engineer and the City
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Attorney.
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11. Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold city,~its
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elective and appointive boards, commissions, officers,
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agents and employees, harmless from any liability for
damage or claims for damage for personal injury, inclu-'
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ding death, as well as from claims for property damage !
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which may arise from Subdivider's or Subdivider's con-
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tractors', subcontractors', agents' or employees'
operations under this agreement, whether such operation~
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be by subdivider or by any of Subdivider's contractors,:
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subcontractors, or by anyone or more persons directly i
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or indirectly employed by, or acting as agent for, i
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Subdivider or any of Subdivider's contractors or subconl-
tractors. Subdivider agrees to, and shall, defend I
City, and its elective and appointive boards, commissio~S'
officers, agents and employees from any suits or actionf.
at law or in equity for damages caused, or alleged~to
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have been caused, by reason of any of the aforesaid
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operations, provided as follows:
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a. That City does not, and shall not, waive any rights
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against Subdivider which it may have by reason of
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the aforesaid hold harmless agreement, because of
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of the acceptance by City, or the deposit with CitYI
by Subdivider, of any of the insurance policies I
described in Paragraph 12 hereof.
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b.
That the aforesaid hold harmless agreement by Sub-
divider shall aPIly to all damages and claims for
damages of every kind suffered, or alleged to
have been suffered, by reason of any of the afore-
said op~ations referred to in this paragraph, re-
gardless of whether or not City has prepared,
supplied or approved of, plans and/or Specification~
for the subdivision, or regardless of whether or I
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not such insurance policies shall have been deter- I
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mined to be applicable to any of such damages or I
claims for damages. i
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12. Subdivider's Insurance
Subdivider shall not commence work under
this agreement I
insurance I
until Subdivider shall have obtained all
required under this paragraph and such insurance shall
have been approved by City Attorney as to form, amount
and carrier, nor shall Subdivider allow any contractor
or subcontractor to commence work on his contract or
subcontract until all similar insurance required of the
contractor or subcontractor shall have been so obtained
and approved. All requirements herein provided shall
appear either in the body of the insurance policies or
as endorsements and shall specifically bind the insur-
ance carrier.
a. Compensation Insurance
Subdivider shall maintain, during the life of this
agreement, Workmen's Compensation Insurance for all
Subdivider's employees employed at the site of im-
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provement, and in case any work is sublet, Subdivid r
shall require any contractor or subcontractor I
similarly to provide Workmen's Compensation Insuran1e
for all contractor's or subcontractor's employees,
un+ess such employees are covered by the protection
afforded by Subdivider. In case any class of em-
ployees engaged in work under this agreement at the
site of the project is not protected under any
Workmen's Compensation law, Subdivider shall provide!
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and shall cause each contractor and subcontractor to
P Dvide, adequate insurance for the protection of I
employees not otherwise protected. Subdivider shall I
indemnify City for any damage resulting to it from I
failure of either Subdivider or any contractor or
subcontractor to take out or maintain such insurance
b. Public Liability and Property Damage Insurance
Subdivider shall take out and maintain during the li e
of this agreement such public liability and property
damage insurance as shall insure City, its elective
and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or sub-
contractor performing work covered by this agreement
from claims for damages for personal injury, inclu-
ding death, as well as from claims for property
damage which may arise from Subdivider's or any
contractor's or subcontractor's operations hereunder,
whether such operations be by Subdivider or any
contractor or subcontractor, or by anyone directly
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or indirectly employed by either Subdivider or allY
contrac~or or subcontractor, and the amounts of s~cq!
insuranqe shall be as follows:
(1)
~~lic Liability Insurance
In an amount not less than $100,000.00
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death, I
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injuries, including, but not limited to,
to anyone person and, subject to the same
lim~t for each person, in an amount not less
than $ 300, 000. 00
on account of anyone
occurrence;
(2) Property Damage Insurance
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In an amount not less than $ 50,000.00 . for I
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damage to the property of each person on accoun~
of anyone occurrence.
In the event that any of the aforesaid insurance
policies provi~ed for in this Paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such
contain a standard form of cross-liability endorse-
ment, insuring on such policy City, its elective
and appointive boards, commissions, officers, ag~nts
and employees, Subdivider and any contractor or sub~
contractor performing work covered by this agreement
13. Evidence of Insurance
Subdivider shall furnish City concurrently with the
execution hereof, with satisfactory evidence of the
insurance required, and evidence that each carrier is
required to give City at least ten days' prior notice
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of the cancellation or reduction in coverage of any
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policy during the effective period of this agreement..
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14. Title to Imfrovements
Title to, a~d ownership of, all improvements constructed
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hereunder by Subdivider shall vest absolutely in City,
upon completion and acceptance of such improvements by
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City.
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15. Repair or Reconstruction of Defective Work
If, within i!I period of one year after final acceptance
of the work performed under this agreement, any struct~~e
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or part of iilny structure furnished and/or installed or
constructed, or caused to be installed or constructed by
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Subdivider, or any of the work done under this agreement,
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fails to fulfill any of the requirements of this agree-
ment or the Ilpecifications referred to herein, Subdivider
shall without delay and without any cost to City, repair
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or replace or reconstruct any defective or otherwise
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unsatisfactory part or parts of the work or structur~.
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Should Subdivider fail to act promptly or in accordance
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with this requirement, or should the exigencies of the
Subdivider can be notified, City may, at its option,
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make the necessary repairs or replacements or perforlt<
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the necessary work and Subdivider shall pay to City the.
actual cost of such repairs plus fifteen percent (15tj.
16. Subdivider Not Agent of City
Neither subdvider nor any of Subdivider 's agents or con-
tractors are or shall be considered to be agents of City
in connection with the performance of Subdivider's obli-
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gations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit
fees for all engineering inspections and other service
connected with the City in regard to the subdivision.
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Said fees shall be paid prior to commencing any con-
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struction.
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18.
Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution Dt
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the work, 0 r any severable part thereof, with such
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diligence as will insure its completion within the tim
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specified, or any extensions thereof, or fails to obta n
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completion of said work within such time, or if the
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Subdivider should be adjudged a bankrupt, or Subdivide
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should make a general assignment for the benefit of
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Subdivider's creditors, or if a receiver should be
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appointed in the event of Subdivider's insolvency, or f
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Subdivider, or any of Subdivider's contractors, subcon
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tractors, agents or employees, should violate any of t e
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provisions of this agreement, City Engineer or City
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Council may serve written notice upon Subdivider and S b-
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divider's surety of breach of this agreement, or of an
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portion thereof, and default of Subdivider.
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19. Breach of Agreement: Performance by Surety or City
In the event of any such notice, Subdivider's surety
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shall have the duty to take over and complete the work
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and the improvement herein specified; provided, howeve ,
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that if the surety, within five days after the serving
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upon it of such notice of breach, does not give City :
written notice of its intention to take over the perfor~
mance of the contract, and does not commence performanc~
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thereof within five days after notice to City of such
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election, City may take over the work and prosecute the
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same to completion, by contract or by any other method
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City may deem advisable, for the account and at the
expense of Subdivider, and Subdivider's surety shall
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liable to City for any excess cost or damages occasione4
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City thereby; and, in such event,
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City, without liabili~Y
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for so doing, may take possession of, and utilize in
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completing the work, such materials, appl'ances, plant
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and other property belonging to Subdivide as may be
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on the site of the work and necessary the for.
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20. Notices
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All notices herein required shall be in
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livered in person or sent by registered
wr'ting, and de1
ma ' 1, postage I
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prepaid.
Notices required to be given to CitY~halljbe addressed
as follows: City Administrator, City Uall, 300 North
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"D" Street, San Bernardino, California 92418.
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Notices required to be given to Subdivider shall be
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addressed as follows: 3119 Golden Avenue,
San Bernardino, CA. 92404
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Notices required to be given surety of Subdivider shall
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be addressed as follows:
620 Newport Center Drive
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Newport Beach, CA. 92660
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Provided that any party or the surety may change such
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address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted
to the new address.
IN WITNESS WHEaEOF, the parties hereto have executed this
agreement on the day and year first above written.
ATTEST:
. ~//~~~/
e-~ty C er
SUBDIVIDER
a
By
By
x.
//~ - 7
'. /.~/..-LL
IlZ1-~7d(/toc:efi2
OFFICIAL SEAL
l YNN A, CHOATE
NOTARY PUBLIC - CAUFORNIA
SAN C=R~~t\RDINO COUN"rY
r,1} CC~:11. cX[Ji~:o:> :;,'.;1 2\ 1981
...;,;;.
STRUCTIONS
If the Subdivider is a corporation, the agreement must be
executed in the corporate n~e and signed by the President or a
Vice-President and the Secr~tary or Assistant Secretary, and tne
corporate seal affixed.
If the Subdivider is a partnership, it
must be signed by all partners.
If the Subdivider is an individual
doing business under a fictitious name, it must be signed by all
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persons having an interest in the business, and the fictitious
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name mUst be signed also.
The agreement must be notarized by the
Subdivider.
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