HomeMy WebLinkAbout1985-093
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RESOLUTION NO. 85-93
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 10184, LOCATED AT THE SOUTH-
EAST CORNER OF IRVINGTON AVENUE AND OLIVE AVENUE, ACCEPTING THE
,PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
IIEXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS
IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
'I. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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'proposed Subdivision Tract No. 10184, located on the Southeast
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SECTION 1:
The Mayor and Common Council
find that
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!corner of Irvington Avenue and Olive Avenue, together with the
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provisions for its design and improvements is consistent with the
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,General Plan of the City of San Bernardino,
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SECTION 2:
The Mayor of the City of San Bernardino is
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~uthorized on behalf of said City to
execute the standard form of
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lagreement
'Properties,
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irequ1 red by
Title 18 of the San Bernardino Municipal Code and the
adopted by Resolution No. 84-8 with Sunflower
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for the improvements in said subdivision tract as are
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18 California Subdivision Map Act. The time for performance is
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Said improvements are specifically
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!descnbed and shown on Drawing No. 6551 approved and on file in
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~he Office of the City Engineer of the City of San Bernardino.
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SECTION 3:
The final map of said subdivision tract
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lis hereby approved and the City of San Bernardino hereby accepts
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~s pUblic property all dedications within the subdivision as shown
~n said final map for streets, alleys, (including access rights),
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~rainage and other public easements.
As a condition precedent to
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~pproval of the final map, the Subdivider shall first execute the
~greement referenced in Section 2 hereof for the improvements
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within said subdivision. The City Clerk shall certify the ap-
2 proval and acceptance of the Hayor and Common Council as set forth
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4 I HEREBY CERTIFY that the foregoing resolution was duly
S adopted by the Hayor and Common Counci 1 of the Ci ty of San
6 Bernardino at an adjourned reqular meeting thereof, held on the
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7th day of
March
, 1985, by the following vote, to-
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Counci 1 Hembers
AYES:
Castnnp.nn rnqrnnon~. RQi~ly,
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Hernandez. MarkR OniplJ Frrl7iAr, Stric}:'gI'
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NAYS:
ABSENT:
None
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None
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~ ~7J~
~YlcZf .w.
/ City C 1 e r k
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The foregoing resolution is hereby approved this ~~~
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ay of
March
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~pproved as to form:
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.C i ty Attorney
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A~.!H,IMI!!1
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(subdivision improvements)
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-'h THIS AGREEMENT is made and entered into thi s //5'z',;t; day of
~~~ , 198J~ by and between the CITY OF SAN BERNARDINO
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a municipal corporatj~, hereinc:~ter
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\;./..//./JI ~.L61/ YYP.l t", "'-.A
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"S~divider" .
, hereinafter referred to as
referred to as "City", and
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R E C I TAL S :
Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Tr.IOI84 (lot I
thru 7)
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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 performance by. Subdivider
of Subdivider's obligations under said Subdivision Map Act and said
Ordinance, the parties agree as follows:
1. Performance of Work
Subdivider will do and perform, or cause to be done and
performed, at Subdivider's own expense, in a good and
workmanlike manner, and furnish all required materials,
all to the satisfaction of the City Engineer of City
the work and improvements within (and/or without) 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 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 Engineer mav 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 suretv's liabilitv
on the bond to secure the faithful performance of this agreement,
The Citv 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 replaced, or reoair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroved or damaged, and Subdivider shall re-
place Dr have replaced, repair, or have repaired, as the case mav be,
or pay to the owner, the entire cost of replacement or repairs, of
any and all property damaged or destroved 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 anv agencv or
political subdivision thereof, or by the City or by anv Dublic or
private corporation, or by anv person whomsoever, or bv any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the Citv Engineer.
6. Utilitv Deoosits - 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 map,
a written statement signed by Subdivider, and each public utilitv
corporation involved, to the effect that Subdivider has made all
deposits legally required by such public utility corporation for
the connection of any and all public utilities to be supplied by
such public utili~y corporution within the Subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements,
give all necessary notices and pav all fees and taxes required bY
law. Subdivider shall comply with all provisions of the Subdivi-
sion Map Act and Title 18 San Bernardino Municipal 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 of the
work, and to the shops wherein the work is in preparation.
10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement securi~y as follows:
(1) An amount equal to at least one hundred percent of the total
estimated cost of the improvement 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 ampunt eaual to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be performed 2S
security for the guarantee and warrantv of the work for a period of
one (1) year following the completion and acceotance 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 securitv, 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 Municipal Code; and
the type shall be at the option of and subject to the aporoval of
the Citv Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider herebv agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, rarwless
from any liability for damage or claims foy' damage for personal injury,
including death, as well as from claims for property damage which mav arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such operations
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 a,rees to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and emoloyees
from any suits or actions at law or in equitv 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, waive anv 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 City by Subdivider, or cny cf the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement by Subdivider shall
apply to all damages and claims for damages of eve~y kind
suffered, or alleged to have been suffered, by reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has orepared, supplied or
approved of, olans and/or soecifications for the subdivision,
or regardless of whether or not such insurance 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 paragraoh and
such insurance shall have been approved by City Attorney as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to corrmence \'Icrk en hi s 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 endorse-
ments and shall specificallv bind the insurance carrier.
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Workmen's Compensation Insurance for all Subdivider's emoloyees
employed at the site of imorovement, and in case any work is
a. Compensation Insurance
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Subdivider shall maintain, during the life of this agreement,
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sublet, Subdivider shall require any contractor or subcontractor
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similarlv to provide Workmen's Comoensation Insurance for all
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contractor's or subcontractor's emoloyees, unless such emoloyees
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are covered by the protection afforded by 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's
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C0mpr:ns~ticn Law, Subdivider shall crcvide 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 orotected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
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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 Propertv Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and property damage insurance
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as shall insure City, its elective and apoointive boards, commis-
sions, officers, agents and employees, Subdivider arod any contrac
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tor or subcontractor performing work covered by this aqreement
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from claims for damages for personal iniury, including death,
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as well as from claims for oroperty damage which may arise from
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Subdivider's or any contractor's or subcontractor's operations
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hereunder, whether such operatiors be by Subdivider or any
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contractor or subcontractor, or bv anyone directly or indirectlv
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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(1) Public Liabilitv Insurance
In an amount not ~ rss than $ 100,00'1.00 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 $ 300,000.00
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,000.00 for
damage to the property of each person on account of any
one occurrence.
In the eyent 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 cross-
liability endorsement, insuring on such policy City, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivider and any contractor or subco~tractor
performing work covered bv 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 of the cancellation or reduction in coverage of
any poli~y during the effective oeriod 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 performed under this agreement, any structure or nart of any
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structure furni shec' and/or i nsta 11 ed or cons tructed, or caused
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to be installed or constructed bv Subdivider, or any of the work
done under this agreement, fails to fulfill any of the reau,irements
of this agreement or the specifications referred to herein, Sub-
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divider shall without delay and without any cost to City, repair
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or replace or reconstruct any defective or otherwise unsatcsfact-
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ory part or parts of the work or stru~ture. Should Subdivider
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fail to act promptly or in accordance with this requirement, or
should the exigencies of the Subdivid"r car: be r.otified; City may at
its option, make the necessarv repairs or replacements or, perform
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the necessary work and Subdivider shall pay 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
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are or shall be considered to be "gents 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}~er servi ces 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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commencing any construction.
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18. Notice of Breach and Default
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If Subdivider refuses or fails to obtain prosecution of the work,
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or any severable part thereof, with such diligence as will insure
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its completion within the time specified, or anv extensions thero~,
or fails to obtain completion of said work within such time, or if
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the Subdiuider should be adjudged a bankrupt, or Subdivider
should make a general assi(]n llent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdi\'iC:er's insolvency, 0\' if Sub~jvicer, or any of Subdivider's
contractors, subcontractors, agents or emplovees, should violate
any of the provisions of.this agl'eement, City Engineer or Citv
Council may serve written notice uron Subdivider and Subdivider's
surety of breach of this agreement, or of any pcrtion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance h" Suretv or Citv
In the event of any such notice, Subdivider's suretv shall have
the duty to take 01";1' ane comrl ete the work and the improvement
herein specified; 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 intent'ion to take over
the performance of the contract, and does not commence performance
thereof 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 SubdividEr, and Subdivider's
surety shall be liable to Citv for anI' 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, appliances, plant and other
property belonging to Subdivider as may be on the site of the
work and necessarv therefor.
20. Noti ces
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:
City Administrator, City Hall, 300 North "D" Street, San Bernardino,
California 92418.
Notices reauired to be given to Subdivider shall be addressed as follows:
245 Fischer Avenue 8-4, Costa Mesa, California 92626
Notices required to be given surety of Subdivider shall be addressed as
follows: 245 Fischer Avenue 8-4, Costa Mesa, California 92626
Provided t~at any party or the surety may change suc~ address bv notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
ATTEST:
the dav and year first above written.
~// /7/?/~.y:
City Cl erk
SUBDI\jIf)E~
Shadow '-1eadows, Ltd_
Anprovec as to form:
Bv:
" Inc.
rtner
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Bv.
City Attornev
James R, ~.hi te, Pres ident
INSTRUCTIfJNS
If the Subdivider is a corporation, the agreement must be executed in
he corporate name and signed by the President or a Vice-President ar.d the
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Secretarv or ~ssistant Secretarv, and the corporate seal affixed. If the
Subdivider is a partnership, it must be signed bv all partners. If the
Subdivider is an individual doing business under a fictitious name, it must
be signed by all oersons having an interest in the business, and the ficti-
tious name must be signed al so. The agreement must be notarized bv the
Subdivider.
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STATE OF CALIFORNIA ORANGE Iss.
COUNTYOF______ ___I
0,,-- Februal}'JU, 1985
said State, personally appeared
, before me, the undersigned, a Notary Public in and for
JAMES R, WHlTE_ ______ XlOlK
-- -------, personally known to me (or proved to me on the
basis of satisfactory evidence) to be the persons who executed the within instrument as.........._ ______
___President
stlNE'l:aIER POOPERTIES, INC,
the corporation therein named, and acknowledged to me that said
corporation executed the within instrument pursuant to its by-
laws or a resolution of its board of directors, said corporation being
known to me to be the general partner of ~__ ~,
a Califomia Limited~artnershi-R_.
the limited partnership that executed the within instrument, and
acknowledged to me that such corporation execut the same as
such partner and that such partnership execut e arne.
WITN ESS my
Signatu
n behalf of__
OFFICIAL SEAL
FAYE S, ECCLES
NoI8IY Publlc-calllomla
ORANGE COUNTY
My ('.amm. Exp. Mar. 29. 1r8S
(This area for official notarial seal)