HomeMy WebLinkAbout1984-195
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1 RESOLUTION NO. 84-195
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE FINAL MAP FOR
SUBDIVISION TRACT NO. 12481, LOCATED NORTHEAST CORNER OF LITTLE MOUNTAIN
3 DRIVE AND 48TH STREET; ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR THE
4 IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AS FOLLOWS:
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SECTION I. The Mayor and Common Council find that the proposed
Subdivision Tract No. 12481, located Northeast corner of Little Mountain
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Drive and 48th Street, together with the provisions for its design and
improvements, is consistent with the General Plan of the City of San
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Bernardi no.
SECTION 2. The Mayor of the City of San Bernardino is authorized
on behalf of said City to execute the standard form of agreement adopted by
Resolution No. 84-8 with Haffif Properties, for the improvements in said
subdivision tract as are required by Title 18 of the San Bernardino Municipal
Code and the California Subdivision Map Act. The time for performance is
specified at 24 months. Said improvements are specifically described and
shown on Drawing Nos. 6451, 6452 and 6453, approved and on file in the Office
of the City Engineer of the City of San Bernardino.
SECTION 3. The final map of said subdivision tract is hereby
approved and the City of San Bernardino hereby accepts as public property all
dedications within the subdivision as shown on said final map for streets,
alleys, (including access rights), drainage and other public easements. As
a condition precedent to approval of the final map, the Subdivider shall first
execute the agreement referenced in Section 2 hereof for the improvements
within said subdivision. The City Clerk shall certify the approval and
acceptance of the Mayor and Common Council as set forth in this resolution.
u
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardino at a reqular
meeting thereof, held on the 21st day of May , 1984, by the
following vote, to-wit:
AYES: Counci 1 ~1embers Castaneda, Reilly, Hernandez,
. .Marks, Quiel, Frazier, Strickler
NAYS:
ABSENT:
None.
None
/~~~r
The foregoing resolution is hereby approved this
~1ay
, 1984.
day of
Approved as to form:
~.-<?
City Att rney
(2)
This is to certify that policies of insurance listed below have been issued to the insured named abo'....e and 3re in force at this time NotwiH:standitlg any requirement, terr" or condition
of any contract or other document with respect to which this certificate may be issued 0 may pertain the Insurance afforded by the poliCies described herein IS siJbject to all the
terms, exclusions and conditions of such pol:cies
(;OMf-)ANY I
LfrHP I ''{PI Cf IN'iUliANii
! GENERAL LIABILITY
i rn U1Mf-'RtHlW,IVi fORM
I rn PRe-MISIS --OPFRATIONS
o [XPlOSION AND COLLAPSE
HA7ARD
o UNfJFRGROUND HA.lARD
[X] PRODUCTS/COMPLETED
OPERATIONS HAZARI)
rn CONTRACTUAL INSURANCE
[XI BROAD FORM PROPERry
DAMAGE
rn INO[PENOENf CONTRACTORS
[X) PERSONAL INJURY
J"Y~/'f.f
,9
AVERBECK COMPANY
1890 N. GAREY AVE.
POMONA, CA. 91767
HI :\'dE:;
A
B
CQM~1ERCIAL UNION
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_ _H1/L__ __ __
_ C ___ __NORUlKESTEllfiJ'lllTlONAL JI'l)_.-.-kQ~___
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HERBERT HAFIF DBA: HAFIF PROPERTIES
269 HEST BONITA
CLAREMONT, CA. 91711
CUMf'"r-.,y E
I.FI1I'1
f'ULICf NUr-I(J[R
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I 8/1/84
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$ 500,
Limits of liability in Thousands (000)
FACH
()CCURR1,NCI
iiAH
AGGRIGAH
8UiliIV:N,JLJRY
I
I.
A
NA9704570
PROPERTY DAMAG!
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 500,
PERSONAL INJURY
$ 500,
A
AUTOMOBILE LIABILITY
[X] COMPREHENSIVE FORM
[X] OWNED
[X] HIRED
[X] NON-OWNED
"
"
BODILY INJURY
(EACH PERSON)
BODILY INJURY
(EACH ACCIDENT)
$
$
PROPERTY DAMAGE
BQDIL Y INJURY AND
PROPERTY DAMAGE
COMBINED
$ 500,
EXCESS LIABILITY
C
[X] UMBRELLA FORM
D QTHERTHAN UMBRELLA
FORM
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
UXL528833
8/1/84
B
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
OTHER
$ 1 000 OOO:~ ACCIDENT)
C21919597
8/1/84
DESCRIPTION Of QPERATIONSIlOCATIONSNEHICLES
-iV';
ALL OPERATIONS/TRACT#12481/48th ST. AND LITTLE MOUNTAIN RD., SAN BERNARDINO, CA.
",',,'
AS ADDITIONAL INSURED.
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Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail .....3C.... days written notice to the below named certificate holder. but failure to
mail such notice shall impose no obligation or liability of any kind upon the company.
i":~
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NAME AND ADDRESS OF CERTIFICATE HOLDER:
DATE ,ssum 2/7 /84
AVER8EC~yr
BY ~~ORI. REP ESEN~~
CS
CITY OF SAN BERNARDINO
300 NORTH "0" STREET
SAN BERNARDINO, CA. 92418
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1
AliE.IIMI.tiT
(subdivision improvements)
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THIS AGREEMENT is made and entered into this ~ day of
~ ,198~ by and between the CITY OF SAN BERNARDINO
a munic~pal r.poration, hereinafter referred to as "City", and
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Hafif ProDerties
"Subdivider".
, hereinafter referred to as
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RECITALS:
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Subdivider has presented to City for approval a final sub-
division map (hereinafter called "map") entitled" Tract # 12481
"
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 may extend
the time for completion of the improvements hereunder. Any such
extension m~y 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 renair, or have
repaired, as the case may be, all pines and monuments shown on the
map which have been destroyed 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 destroyed by reason of any work done
hereunder, whether such property be owned bv the United States or
any agency thereof, or the State of California, or any 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 repair or replacement shall be to the
satisfaction, and subject to the approval, of the City Engineer.
6. Utility Deposits - 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 utili~v
corporation involved, to the effect that Subdivider has made all
deposits legally required by such pUblic util ity corporation for
the connection of any and all public utilities to be supplied by
such public utili~v corporation within the Subdivision.
7. Permits: Compliance with Law
Subdivider shall, at Subdivider's expense, obtain all necessary
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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 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,
satisfacto~v to the Ci~v 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 Ci~y, 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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"
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(2) An amount equal to at least fifty percent of the total estimated
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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 equal to at least twenty-five percent of the total
est~mated cost of the improvements and acts to be perfor~d as
security for the guarantee and warranty of the work for a period of
one (1) year following the completion and acceptance thereof against
a~y 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 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 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 City, its elective and
appointive boards, commi ssions. officers, agents and employees, ~arwless
from any liability for damage or claims foy' damage for personal injury,
including death, as well as from claims for property damage which may arise
from Subdivider's or Subdivider's contractors I, 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 eauity for damages caused,
or alleged to have bee~ caused, by reason of any of the aforesaid
operations, Provide~ as follows:
a. That Cit;v does not, and shall not, waive any rights against
Subdivider which it may have by reason of the aforesaid hold
harmless agreement, because of the acceptance by City, or the
deposit with City by Subdivider, or 1'ny 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 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
approved 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 hay," obtained all insurance required under this paragraoh and
such insurance shall have been approved ~y City Attornev as to form,
amount and carrier, nor shall :.ubdivider allow any contractor or Sub-
contractor to commence wcrk 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, durin9 the life of this agreement,
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Workmen's Compensation Insurance for all Subdivider's employees
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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 Comoensation Insurance for all
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contractor's or subcontractor's emoloyees, unless such emolovees
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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
the site of the project is not protected under any Workmen's
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Ccmpr:ns~tion Law, Subdivider shall orovide and shall cause each
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contractor and subcontractor to ~rovide, adequate insurance for
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the protection of employees not otherwise protected. Subdivider
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shall indemnify City for any damage resulting to it from failure
of either Subdivider or any cOntractor or subcontractor to take
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out or maintain such insurance.
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b. Public Liablity and Property Damage Insurance
Subdivider shall take out and maintain during the life of this
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agreement such public liability and property damage insurance
as shall insure City, its elective and appointive boards, commis-
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sions, officers, agents and employees, Subdivider and any contrac
tor or subcontractor performing work covered by this agreement
from claims for damages for personal in.iury, including death,
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as well as from claims for property damage which may arise from
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Subdivider's or' any contractor's or subcontractor's operati ons
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hereunder, whether such operations 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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(1) Public Liabilitv Insurance
In an amount not 1ess than $ 100,000.00 for
injuries, including, but not limited to, death, to any
one person 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 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-
1 iability endorsement, insuring on such policy Citv, its
elective and appointive boards, commi ss ions, offi cers, agents
and employees, Subdivider and any contractor or subcontractor
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 Citv at least ten
days prior notice of the cancellation or reduction in coverage of
any policY during the effective oeriod of this agreement.
14. Title to Improvements
Title to, and ownershio 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 Dart of any
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strltctllre furni shed ~.nd/or i nsta 11 ed or cons tructed, or caused
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to be installed or constructed by Subdivider, or anv of the work
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done under this agreement, fails to fulfill any of the reouirements
of this agreement or the specifications referred to herein, Sub-
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 structure. Should Subdivider
fail to act promptly or in accordance with this requirement, or
should the exigencies of the SubdividGr car. he notified, City may at
its option, make the necessarv repairs or replacements or perform
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
Neither Subdivider nor any of Subdivider's agents or contractors
are or shall be considered to be agents of City in connection with
the performance of Subdivider's obligations under this agreement.
17. Cost of Engineering and Inspection
Subdivider shall pay to City the costs of all permit fees for all
engi neering inspections and other servi ces connected with the City
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
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 assign'llent for the benefit of Subdivider's
creditors, or if a receiver should be appointed in the event of
S~bd1viriEr's insolvency, or if S\~~ivider, or any of Subdivider's
contractors, subcontractors, agents or employees, should violate
any of the provisions of.this agreement, City Engineer or City
Council may serve written notice uron Subdivider and Subdivider's
'surety of breach of thi s agreemen t, or of any pr.rt i on thereof,
and default of Subdivider.
Breach of Agreement; Performance bv Suretv or City
In the event of any sLlch notice, Subdivider's surety shall have
the duty to take over anc comrl ete the \~ork 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 intention to take over
the performance of the contract, and does not commence perforITii\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 a.t 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-
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 necessary therefor.
Notices
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,
COUNTY OF LOS ANGELES
/
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 re~uired to be given to Subdivider shall be addressed as follm~s:
Hafif Properties 322 N. Yale, Claremont, California 91711
Notices required to be given surety of Subdivider shall be addressed as
follows:
Insurance Company of The West 3570 Camino Del Rio
North, San Diego, California 92318
Provided that any party or the surety ma\! change such address by notice in
writing to the other party and thereafter notices shall be addressed and
transmitted to the new address.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on
the day and year first above written.
ATTEST:
~~N/
c-'fty C erk
SIJBDIVH1ER
,/ . ,.0 >_d
~~
/
\ ss.
ON f'€i.V1tV{ \ -+ ~+
before me, the u,nlde:si~ned,_ a Notary Public in and for said State, personai/~ I;ppeared
~~F
~ OFFICIAL SEAL
NAOMI SERNA
-' NOTARY PUBLIC. CALIFORNIA
NOTARY BOND F'lEO IN
My Commlulo LOS ANGELES COUIITY
n ExpJ,. AupS! 9. 1985
,
person_ whose name_ \ S . ' known to me to be the
and aCknOWledged to me that he t d subscrrbed to the within Instrument
- - execu e the same. '
WITNESS my hand and official seal.
N~~
Notary Public in and for said State.
'ACKNOWlEOGMENT-General_WOlcotts Form 232-Rev. 3-64 f
,
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Secretary 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 persons having 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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