HomeMy WebLinkAbout1985-129
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RESOLUTION NO. R<;-l?9
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
INAL MAP FOR SUBDIVISION TRACT NO. 10997, LOCATED APPROXMIATELY
48 FEET EAST OF THE CENTERLINE OF EUCALYPTUS AVENUE AND NORTH OF
MILL STREET, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
AP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREHIENT
FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORM-
NCE SPECIFIED.
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 pro-
osed Subdivision Tract No. 10997, located approximately 348 feet
ast of the Centerline of Eucalyptus Avenue and North of Mill
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ents is consistent with the General Plan of the City of San
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ernardino.
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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
greement adopted by Resolution No. 84-8 with Michael P. Goehring
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rnd Anthony J. Canu, for the improvements in said subdivision
fract as are required by Title 18 of the San Bernardino Municipal
~ode and the California Subdivision Map Act. The time for perfor-
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rance is specified at 24 months. Said improvements are specifi-
~ally described and shown on Drawing Nos. 5707 and 5732 approved
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~nd on file in the Office of the Ci ty Engineer of the Ci ty of San
~ernardino.
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I SECTION 3:
if s hereby approved and the Ci ty of San Bernardino hereby accepts
Irs public property all dedications within the subdivision as shown
pn said final map for streets, alleys, (including access rights),
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~rainage and other public easements.
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The final map of said subdivision tract
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As a condition precedent to
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approval of the flnal
agreement referenced
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map, the Subdivider shall first execute the
within said subdivision. The City Clerk shall certify the ap-
in Section 2 hereof for the improvements
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this resolution.
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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Bernardino at a
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lst day of
April
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regular
meeting thereof, held on the
, 1985, by the following vote, to-
AYES:
Council Members Castaneda, Reilly, Marks,
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NAYS:
ABSEH:
None
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Quiel, Frazier
Council Members Hernandez, Strickler
.An~(~
/" Clty C erk
The foregoing resolution is hereby approved this ~~
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day of
April
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,
Approved
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as to form:
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~;lflJu/d/
Ci ty Attorney
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, 1985.
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A~.!3.IIMI!iI.
(subdivision improvements)
THIS AGREEMENT is made and entered into this ~~ day of
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a municipal corporation, hereinafter referred to as "City", and
Michael P. Goehring & Anthony J. Canu, hereinafter referred to as
"Subdivider".
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. 10997
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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
Muni ci pal 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 Citv Engineer ma," 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 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 reoair, or have
repaired, as the case may be, all pipes and monuments shown on the
map which have been destroyed or damaged, and Subdivider shall re-
olace or rave 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 propertv damaged or destroyed bv reason of any work done
hereunder, whether such property be owned by the United States or
any agency thereof, or the State of Ca 1 Horni a, or any agency or
political subdivision thereof, or by the City or by any public or
private corporation, or by anv person whomsoever, or by any combina-
tion of such owners. Any such re~air or replacement shall be to the
satisfaction, and SUbject to the approval, of the Citv Engineer.
6. Utility 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 bv Subdivider, and each public utility
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 necessary
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permits and licenses for the construction of such improvements,
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give all necessary notices and pay all fees and taxes re~uired 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
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said improvement, or have a competent foreman or Superintendent,
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satisfactory to the Citv Engineer on the work at all times during
progress, with authoritv to act for Subdivider.
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9. Inspection by City
Subdivider shall at all times maintain proper facilities and
provide safe access for inspection bv City, to all Darts of the
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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) .lln 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 securitv 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 oS
security for the guarantee and warrantv 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 bv 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 ~unicipal 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 herebv agrees to, and shall, hold City, its elective and
appointive boards, cormni ssions, officers, agents and employees, rarrrless
from any liability for damage or claims for damage for personal injury,
including death, as \~ell as from claims for property damage which may arise
from Subdivider's or Subdivider's contractors', subcontractors', agents'
or employees' operations under this agreement, whether such operations
be by Subdi vi der or by any of Subdi vi der' s con tractors, 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 arrees to, and shall, defend City, and its
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apoointive boards, commissions, officers, agents and employees
from any suits or actions at law or in equitv for damages caused,
or alleged to have beer caused, bv reason of anv of the aforesaid
operations, provided as follows:
a. That City 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 eny cf the insurance policies
described in Paragraph 12 hereof.
b. That the aforesaid hold harmless agreement bv Subdivider shall
apply to all damages and claims for damages of every kind
suffered, or alleged to have been suffered, bv reason of anv
of the aforesaid operations referred to in this paragraph,
regardless of whether or not City has orepared, supplied or
aoproved of, olans and/or specifications for the subdivision,
or regardless of whether or not such insurance 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 Attorney as to form,
amount and carrier, nor shall :,ubdivider allow any contractor or Sub-
contractor to corrnnence I'lcrk en 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 endorse-
ments and shall specifically bind the insurance carrier.
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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 improvement, and in case anv 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 employees
are covered by the protection afforded by Subdivider. In case
any class of employees engaged in work under this agreement at
the site of the project is not protected under any Workmen's
C0mpr:ns~ticnLaw, Subdivider shall orovide and shall cause each
contractor and subcontractor to ~rovide, adequate insurance for
the protection of employees not otherwise protected. Subdivider
shall indemnify Citv for any damage resulting to it from failure
of either Subdivider or any cOntractor or subcontractor to take
out or maintain such insurance.
b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
agreement such public liability and property damage insurance
as shall insure City, its elective and appointive 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 personal iniurv, including death,
as well as from claims for property damage which may arise from
Subl1ivider's 01' any contractor's or subcontractor's operations
hereunder, whether such operatiors be by Subdivider or any
contractor or subcontractor, or bv anvone 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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(1) Public Liabilitv Insurance
In an amount not ~fSS than $ 100,000. for
injuries, including, but not limited to, death, to anv
one oerson and, subject to the same limit for each
person, in an amount not less than $~9,000.
on account of anv one occurrence;
(2) Property Damage Insurance
In an amount not less than $ 50,OQO. u___ for
damage to the property of each person on account of anv
one occurrence.
In 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 para-
graph, such policy shall contain a standard form of cross-
liability endorsement, insuring on such policy Citv, its
elective and appointive boards, commissions, officers, agents
and employees, Subdivi der and any contractor c,r sl!bco~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 policY during the effective Qeriod of this agreement.
14. Title to Improvements
Title to, and ownership of, all improvements constructed hereunder
by Subdivider shall vest absolutely in City, upon completion and
acceptance of such improvements by City.
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15. Repair or Reconstruction of Defective Work
If, within a period of one year after final acceptance of the
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work oerformed under this agreement, anv structure or part of any
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strllcture fllrni shed Mdlor ins ta 11 ed or cons tructed, or caused
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to be installed or constructed by Subdivider, or anv of the work
done under this agreement, fails to fulfill any of the requirements
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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 unsat'sfact-
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ory part or parts of the work or structure. Should Subdivider
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fail to act promptly or in accordance with this requirement, or
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should the exigencies of the Subdivid(,r can he notified, City may at
its cption, 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%).
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16. Subdivider Not Agent of City
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Neither Subdivider nor any of Subdivider's agents or contractors
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are or shall be considered to be iiflents of City in connection ~/ith
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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 other servi ces connected wi th the Citv
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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 diliqence as will insure
its completion within the time specified, or any extensions thero~,
or fails to obtain completion of said work within such time, or if
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the Subdivider should be adjudged a bankrupt, or Subdivider
should make a general assiqn l1ent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
S~bd1vidEr's insolvency, or if Sub~ivider, or any of Subdivider's
contractors, subcontractors, agents or employees, 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 b reach of thi s agreemen t, or of any pert i on thereof,
and default of Subdivider.
Breach of Agreement; Perfonnance h'" Suretv or Citv
In the event of any such notice, Subdivider's surety shall have
the duty to take OVf=r ana corrpl ete the work and the improver:1ent
herein srecified; 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 intention to take over
the performance of the contract, and does not commence performi\nce
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 any excess cost or damages
occasioned City thereby; and, in such event, City, without 1 iabi-
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
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All notices herein required shall be in writing, and delivered
in person or sent by registered mail, postage prepaid.
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State of CALIFORNIA }ss. Onthisthe 19thdayof JULY 84
19_, before me.
, ORANGE Judith P. Newlan
County of
the undersigned Notary Public, personally appeared
Anthony J. Canu and Michael P. Goehring
,
. OFFICIAL SEAL lb personally known to me
JUDITH P NEWLAN D proved to me on the basis of satisfactory evidence
NOTAR't PUBlIC. CAUFORNIA to be the person(s) whose name(s) are subscribed to the
OIIAICGE coutl1Y within instrument, and acknowledged that t-ha.y executed it.
M, comm. ..,.... APtI 16, 1986
WITNESS my ha::.;;;:pi. I
Notary,S~ 'r\oi~
GENERAL ACKNOWLEDGMENT FORM 7110052
NATIONAL NOTARY ASSOCIATION. 23012 Ventura Blvd.. WOodland Hills, CA 91364
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Notices required to he given to City shall be addressed as follows:
City Administrator, City Hall, 300 North "D" Street, San Bernardino,
California 92418,
Notices reouired to be given to Subdivider shall be addressed as follows:
)(
1953 East Chapman. Fullerton. California 92631
Notices required to be given surety of Subdivider shall be addressed as
follows:Y 1953 East Chapman, Fullerton, Cal ifornia 92631
Provided that any party or the surety mav change such address bv notice in
writing to the other partv and thereafter notices shall be addressed and
transmitted to the new address.
IN WIHESS WHEREOF, the parties hereto have executed this agreement on
the dav and year first above written.
ATTEST:
~a~
~ity Clerk
SUBDIVIDER
Annrovec as to form:
),< Bv:
\'Bv:
Citv Attornev
INSTRIICTIIJNS
If the Subdivider is a corporation, the agreement must he executed in
e corporate name and signed by the President or a Vice-President and 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 also. The agreement must be ~otariz~g_bv the
Subdivider.
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MARSH & Me LENNAN, INC.
646 NORIH "D" STREET
SAN BERNARDINO, CA 92401
TEL: (714) 889-9811
INSURED
Mike P. Goehring
1953 E. Chapman Ave.,
Fullerton, CA 92631
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INAI CIGNA
B
':;or,!pi'N'i C
i_ETTE R
COMPANY D
LETTE"1
COM~"'ANY E
LETTER
COVERAGES
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AUY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY
BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PI)LlCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI-
TIONS OF SUCH POLICIES.
co
LTA
TYPE OF INSURANCE
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X COMPREHENSIVE FORM I
X PREMISES/OPERATIONS I
UNDERGROUND I
EXPLOSION & COLLAPSE HAZARD
PRODUCTS/COMPLETED OPERATIONS I
CONTRACTUAL I
INDEPENDENT CONTRACTORS I
BROAD FORM PROPERTY DAMAGE I
,
PERSONAL INJURY I
I
GENERAL LIABILITY
Ax
X
X
X
X
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNEO AUTOS (PRIV PASS)
ALL OWNED AUTOS (OTHER THAN)
PRIV. PASS.
HIRED AUTOS
NON-OWNEO AUTOS
GARAGE LIABILITY
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
IA
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
OTHER
POLICY NUMBLR
rOllCYU'ECT'VE
DATE iMM/DDNY)
LIABILITY LIMITS IN THOUSANDS
OCC~~~NCE AGGREGATE
GLP GO 48 50 44 0
$ $
PROPERTY $ $
DAMAGE ,
6-27-84 7-1-85 BI&PD $
COMBINED I 300, $ 300,
I i
PERSONAL INJURY $ 300
,
BODilY
INJURY $
(Pf:RPf:RSON)
BODILY
INJURY $
(PER ACCIDENT)
i PROPERTY $
1 DAMAGE
BI & PO $
COMBINED
BI & PO $
COMBINED
STATUTORY
3-3-85 3-3-86 (EACH ACCIDENT)
(DISEASE-POLICY LIMIT)
(DISEASE-EACH EMPLOYEE)
V7:::-r-r-/ I,-r~-(\.\ \:'/'7;-
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C2 2774992
DESCRIPTION OF OPERAT10NSfLOCATIONSNEHICLESlSPEClAL ITEMS
City of San Bernardino
Engineering Department
300 N, "D" Street
San Bernardino, CA 92418