HomeMy WebLinkAbout1985-100
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RESOLUTION NO. 05-l00
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
INAL MAP FOR SUBDIVISION TRACT NO. 10183, LOCATED AT THE SOUTH-
AST CORNER OF IRVINGTON AVENUE AND OLIVE AVENUE, ACCEPTING THE
UBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING
XECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE IMPROVEMENTS
,N SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
ITY OF SAN BERNARDINO AS FOLLOWS:
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! SECTION 1: The Mayor and Common Council find that
~roposed Subdivision Tract No. 10183, located on the Southeast
orner of Irvington Avenue and Olive Avenue, together with the
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rovisions for its design and improvements is consistent with the
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eneral 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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greement adopted by Resolution No. 84-8 with Sunflower
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roperties, for the improvements in said subdivision tract as are
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equired by Title 18 of the San Bernardino Municipal Code and the
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alifornia
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pecl led
improvements are specifically
Subdivision Map Act.
The time for performance is
at 24 months. Said
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escribed and shown on Drawing No. 6551 approved and on file in
~he Office of the City Engineer of the City of San Bernardino.
!I S E C T ION 3: The fin a 1 map 0 f sa ids u b d i vis ion t r act
,~s hereby approved and the Ci ty of San Bernardino hereby accepts
~s public property all dedications within the subdivision as shown
In said final map for streets, alleys, (including access rights),
rainage and other public easements. As a condition precedent to
~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-
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in thi s resol uti on.
proval and acceptance of the Mayor and Common Council as set forth
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I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Counci 1 of the Ci ty of San
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7th
Bernardino at an adjourned regularmeeting thereof, held on the
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day of
Narch
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wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
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NAYS:
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ABSENT:
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, 1985, by the foll owi ng vote, to-
Narks, Quiel, Frazier, Strickler
None
None
..4#&'/7r1/~d
./ City Clerk
The foregoing resolution is hereby approved this ~-1~
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day of
Harch
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IApproved as to form:
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, 1985.
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- r--" _.-....- .,,-
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A!lB.II!H..t!1
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(subdivision improvements)
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THIS AGREEMENT
'-rM..d,
is made and entered into th is "<-5'c~ day of
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, 19af, 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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, hereinafter referred to as
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"Subdivider".
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R E C I TAL S :
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Tr.l0183 (lot 1
thru 9)
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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.
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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,
highways or public ways and public utility facilities which are a part
of, or appurtenant to, the subdivision (hereinafter called "subdivision")
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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 surety's liabilitv
on the bond to secure the faithful performance 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 replaced, or repair, 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 or have replaced, 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 destroved by reason of anv work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of Ca 1 iforni a, or anv agencv or
pol iti ca 1 subdiv i s i on thereof, or by the City or by any pub 1 i c or
private corporation, or by any person whomsoever, or by any combina-
tion of such owners. Any such repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deoosits - Statement
Subdivider shall file with the Ci~y 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 bv 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 utilitv corporation within the Subdivision.
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Permi ts:
Compliance with Law
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Subdivider shall. at Subdivider's expense, obtain all necessarv
permits and licenses for the construction of such improvements.
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give all necessary notices and pav all fees and taxes required bY
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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
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said improvement. or have a competent foreman or Superintendent.
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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
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provide safe access for inspection by City, to all parts of the
work, and to the shopS wherein the work is in preparation.
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10. Contract Security
Concurrently with the execution hereof, Subdivider shall furnish
to City improvement security 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
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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 eoual 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 warranty of the work for a period of
one (1) year following the completion and acceptance 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 approval of
the City Engineer and the City Attorney.
Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold Citv, its elective and
appointive boards, commissions, officers, agents and employees, rarwless
from any 1 i abi 1 ity for damage or cl a ir:1s for damage for personal injurv,
including death, as !~el1 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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appointive boards, commissions, officers, agents and employees
from any suits or actions at law or in eouity 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, waive any rights against
Subdi vi der whi ch it may have by reason of the aforesai d hol d
harmless agreement, because of the acceptance by City, or the
deposit with Citv by Subdivider, or i\ny of 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 everY kind
suffered, or alleged to have been suffered, bv reason of any
of the aforesaid operations referred to in this paragraph,
regardless of whether or not Citv has prepared, supplied or
approved of, plans and/or specifications for the subdivision,
or regardless of whether or not such insurante policies 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,o obtained all insurance required under this paragraoh and
such insurance shall have been approved by City Attornev as to form,
amount and carrier, nor shall Subdivider allow any contractor or Sub-
contractor to commence \'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 requil"ements 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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a. Compensation Insurance
Subdivider shall maintain, durin9 the life of this agreement,
Workmen's Compensation Insurance for all Subdivider's employees
employed at the site of improvement, and in case any work is
sublet, Subdivider shall require any contractor or subcontractor
similarly to provide Workmen's Compensation Insurance for all
contractor's or subcontractor's employees, unless such emplovees
are covered by the protection afforded by Subdivider. In case
any cl ass of employees engaged in work under thi s 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 orotected. Subdivider
shall indemnify Citv for any damage resultin9 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 durin9 the life of this
agreement such public liability and property damage insurance
as shall insure City, its elective and apoointive boards. commis-
sions, officers, agents and employees, Subdivider and any contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for Dersonal iniurv, including 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 operatiors be by Subdivider or any
contractor or subcontractor, or bv anyone directly or indirectly
employed by either Subdivider or any contractor os subcontractor,
and the amounts of such insurance shall be as follows:
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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 any one occurrence;
(2) Property Damage Insurance
In an amount not 1 ess than $ 50,000.00
for
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damage to the property of each person on account of any
one occurren ce.
In the event that any of the aforesaid insurance policies
provided for in this Paragraph 12 insures anv entitv, oerson,
board or commission other than those mentioned in this para-
graph, such policv shall contain a standard form of cross-
1 iabil ity endorsement, insuring on such pol i cy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor c,r subcortractor
performing work covered bv this agreement.
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 Citv 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 rn~nership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
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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 thi s agreement, any structure or nart of any
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structure furni ~hec' ~,nd/or insta 11 ed or cons tructed, or caused
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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 anv of the requirements
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of this agreement or the soecifications referred to herein, Sub-
divider shall without del~y and without any cost to City, repair
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or replace or reconstruct any defective or otherwise unsntcsfact-
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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 can he notified, City may at
its option, make the necessary 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 Citv
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Neither Subdivi der nor anv of Subdi vider' s agents or contractors
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are or shall be consi dered to be i'('jf'nts of City in connecti on with
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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en9i neerin9 inspections and other servi ces connected with the Citv
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in regard to the subdivision. Said fees shall be paid prior to
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commencin9 any construction.
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18. Notice of Breach and Default
If Subdivider refuses or fails to obtain prosecution 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 Subdi"ider should be adjudged a bankrupt, or Subdivider
should make a general assiqn llent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
Subdivider's insolvency, 01' if Subdivider, 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 upon Subdivider and Subdivider's
'surety of bl'each of this agreement, or of any portion thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance [,'" Surety or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OVH anc comrl ete Lhe \~ork and the improvement
herein specified; provided, however, that if the surety, within
five days after the serving uron if of such notice of breach,
does not gi ye City written noti ce of its i ntent'i on 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 nrosecute the same to comp 1 eti on,
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 any excess cost or damages
occasioned City thereby; and, in such event, City, without liabi-
li~y for so doing, may take possession of, and utilize in com-
pleting the work, such materials, appliances, plant and other
property belonging to Subdividel' as may be on the site of the
work and necessary therefor.
Noti ces
All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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Notices required to he given to City shall be addressed as follows:
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City Administrator, City Hall, 300 North "D" Street, San Bernardino,
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California 92418.
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Notices reouired to be given to Subdivider shall be addressed as follows:
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245 Fischer Avenue B-4, Costa Mesa, California 92626
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Notices required to be given surety of Subdivider shall be addressed as
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follows: 245 Fischer Avenue B-4, Costa Mesa, California 92626
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Provided that any party or the surety may change such address by notice in
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writing to the other party and thereafter notices shall be addressed 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 year first above written.
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ATTEST:
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~a':ac1//&J;~
e'ity Cl erk
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SUBDIVIDER
Shadow Meadows, Ltd.
Annrovec as to form:
Bv:
s, Inc.
ner
-:;:LY
President
Citv Attornev
INSTRUCTIfJNS
If the Subdivider is a corporation, the agreement must be executed in
e corporate name and signed by the President or a Vice-President and the
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Secretarv or ~ssistant Secretary, 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 Dersonshaving an interest in the business, and the ficti-
tious name must be signed also. The agreement must be notarized bv the
Subdivider,
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ORANGE
1985
,
,
:55.
I
STATE OF CALIFORNIA
COUNTY OF _
February 21,
O~_...__~_,__._.____n.._.,. ....._.......__
___, before me, the undersigned, a Notary Public in and for
JAMES R. WHITE
soid Stale, personally appeared.p
XX1l!K
_ ___. 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
n behalf 01
l'~_I'@J?EgrJ:E.~ L!:N.c.
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 01_ SHAIX.:M' _ ~,I.TD..
i.LQUifQmia Limi;l;.~_.p~ship_.,
the limited partnership that executed the within instrument, and
acknowledged to methat such corporation executed the same as
such partner and that such partnership ecuted the same.
WITN ES
OFFICIAL SEAL
FAYE 8. ECCLES
NoI8ry Publlo-Calllomla
ORANGE COUNlY
Sign
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COMi-"/\NY E
LETTEF{
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEOTOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AllY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE P:)UCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI~
liONS OF SUCH POLICIES.
CO
LTA
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECT:\/E POLICY EXPIRATION
I OA'E (MMiODfYYI DATE (MM/ODiYY)
LIABILITY LIMITS !N THOUSANDS
oCCG~~~NCE AGGREGATE
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISES/OPERATIONS
UNDERGROUND
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS
X CONTRACTUAL
X 'NDEPENDENT CONTRACTORS
X BROAD fORM PROPERTY DAMAGE
X PERSONAL 'NJURY
III' 839-')912
2.''''' ,:'81;
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\)_,111, r '';-''
C~)'" i "
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AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS (PRIV PASS I
ALL OWNED AUTOS (OTHER THAN, )
PRIV, PASS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE LIABILITY
-,
C~,'
,
FL-
<".j:)
<'..l ""
...;;:'
,
\
BODILY $ $
INJURY
2'21, '("I..... PROPERTY $ $
0.) DAMAGE
BI & PD $ ~oo $500
COMBINED
PERSONAL INJURY $500
MOlLY
INJURY $
(PER PfRSON)
OOOllY
INJURY $
(PER ACCIDENT)
PROPERTY $
DAMAGE
BI & PO $
COMBINED
EXCESS LIABILITY
X UMBRELLA fORM
OTHER THAN UMBRELLA FORM
79.>07003
2.'24/8'+ 2/20./85
BI & PD
COMBINED
".;:"
,/
c>/'
STATUTORY
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
(EACH ACCIDENT)
(O'SEASE.POLlCY LIMIT)
(O'SEASE.EACH EMPLOYEE)
OTHER
DESCRIPTION OF OPERATIONSlLOCATIONSNEH1CLES/SPECIAL ITEMS
RE: Shadow MeadOl-Js - Pa rce 1 s 1, 2, 3, & I( Map :,755:
San Bernardino, Cal ifornia
Tract 10183 (9 lots) and Tract 10184 (7 lots)
Pa rCA I s 1 & 2 of PA #5989
CERTIFICATE HOLDER CANCELLATION
City of San Bernardino
300 "D" Street
San Bernardino, California 92b.18
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX-
PIRATIOlll DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL~DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON TH MPANY, ITS AGENTS OR REPRESENTATIVES.
AUTRI REE TV
~ I.,
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