HomeMy WebLinkAbout12- Development Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: MICHAEL E. HAYS , Director Subject: Resolution approving Final Map for Tentative
Tract No. 15905—approximately 694 feet east of
Dept: Development Services Little League Drive and 294 feet west of
Date: OR11"It,�� Magno lia Avenues March 30, 1999 File No: 11.03 �,
Synopsis of Previous Council Action: MCC DATE: April 19, 1999 `
None
Recommended Motion:
That the Mayor and Common Council adopt the Resolution approving the Final Map for Tentative Tract
No. 15905.
Michael E. days
Contact Person: y,,„ u Kim Phone: 5027
Supporting data attached: Staff Report, Resolution Ward: 5
FUNDING REQUIREMENTS: Amount: N/A
Source (Acct. NO.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
y ! 9 99
Agenda Item No._
CITY OF, SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving Final Map for Tentative Tract No. 15905—approximately 694 feet east of Little League
Drive and 294 feet west of Magnolia Avenue.
Background:
The Planning Commission on September 22, 1998 approved tentative Tract No. 15905; this is an 8-lot single-
family residential subdivision. The required improvement securities and certificates of insurance will be filed
prior to the council meeting of April 19, 1999, and the prescribed fees will be paid. Additionally, the
improvement and grading plans have been approved.
The Final Map has been reviewed and found to be substantially in compliance with the Tentative Map and the
Subdivision Map Act. Therefore, we recommend that the Final Map be approved.
Financial Impact:
There is no financial impact to the City.
Recommendation:
Staff recommends that the Mayor and Common Council adopt the Resolution.
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1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
3 FINAL MAP FOR SUBDIVISION TRACT NO. 15905, LOCATED APPROXIMATELY
694 FEET EAST OF LITTLE LEAGUE DRIVE AND 294 FEET WEST OF MAGNOLIA
4 AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID
MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF
5 AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME
6 FOR PERFORMANCE SPECIFIED.
7 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
10 No. 15905, located approximately 694 feet east of Little League Drive and 294 feet west of
11 Maanolia Avenue, together with the provisions for their design and improvements, is
12 consistent with the General Plan of the City of San Bernardino.
13
SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of sal*(-
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15 City to execute the standard form of agreement adopted by Resolution No. 84-8 with Hidden_
16 Hills of Verdemont, L.L.C., for the improvements in said subdivision tract as are required b,�
17 Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. Thc-
18 time for performance is specified at 24 months. Said improvements are specifically described
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and shown on Drawings approved and on file in the office of Development Services of the City.
20
21 of San Bernardino.
22 SECTION 3. The Final Map of said subdivision tract is hereby approved and the Cit%
23 of San Bernardino hereby accepts as public property all dedications within the subdivision a,
24 shown on said Final Map for streets, alleys (including access rights), drainage and other publiQ
25
easements. As a condition precedent of approval of the Final Map, the Subdivider shall firs
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27 execute the agreement referenced in Section 2 hereof for the improvements within saic
28 Subdivision. '
1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO
2 15905...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZIN(
3 EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOI
4
PERFORMANCE SPECIFIED.
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7 The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
8 set forth in this Resolution.
9 SECTION 4. Recordation of the final map is contingent upon the Subdivider filin.
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acceptable financial guarantee to insure construction of the required public improvements, al,_
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12 insurance certificate.
13 SECTION 5. This Resolution is rescinded if the parties to the agreement fail to execu�
14 it within sixty (60) days of the passage of this Resolution.
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1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15905...
2 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
3 and Common Council of the City of San Bernardino at a meeting thereof, helc
4
on the day of , 1999, by the following vote, to wit:
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6
7 Council Members AYES NAYS ABSTAIN ABSENT
8 ESTRADA
9 LIEN
10
MCGINNIS
11
12 SCHNETZ
13 DEVLIN
14 ANDERSON
15 MILLER
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18 Rachel Clark, City Clerk
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The foregoing Resolution is hereby approved this day of
20 1999.
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22
23 Judith Valles, Mayor
24 City of San Bernardino
Approved as to form
25 And legal content:
26 JAMES F. PENMAN,
27 City A=ey
28 By:.
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1 STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
2 CITY OF SAN BERNARDINO )
3
4
I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREM
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6 CERTIFY, that the foregoing Resolution No. is a full, true and correct copy of th
7 now on file in this office.
8 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Cit,.
9 of San Bernardino this day of , 1999.
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12 Rachel Clark, City Clerk
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1 AGREEMENT
2 (Subdivision Improvements)
3 THIS AGREEMENT is made and entered into as of this
4 day of APRIL 19 99 by and between the CITY OF Sp
5 BERNARDINO, a Municipal Corporation, hereinafter referred to e
6
"City" , and Hidden Hills of Verdemont, LLC. hereinafte
7 referred to as "Subdivider" .
8 RECITALS
9 A. WHEREAS , Subdivider has presented to City fo
10 approval a final subdivision map (hereinafter called "map"
11 entitled Tract #15905 8 lot Subdivision
12 -
13 : and,
14 B. WHEREAS, the map has been filed with the City fc
15 presentation to the City Council (hereinafter called "Council"
16 of the City for its approval, which map is hereby referred to a.i
17 incorporated herein; and,
18 C. WHEREAS, Subdivider has requested approval of the m:
19 prior to the construction and completion of improvement,
20 Including all streets, highways or public ways and public utili
21 facilities which are a part of , or appurtenant to , t'
22 subdivision (hereinafter called "subdivision" ) designated in t
23 map, all in accordance with, and as required by, the Plans a
24 Specifications for all or any of said improvements i
25 appurtenant to, or outside the limits of subdivision, which Plia
26 nd Specifications are now on file in the Office of the Ci
27 Engineer of the City; and,
28 AS/mgl[Subdivimp.Agr] 1
eptember 20, 1990
1
2 D. WHEREAS, Council has approved said map and accepte
3 the dedications therein offered, or some thereof, on conditio
4 that Subdivider first enter into and execute this Agreement wit
5 the City; and,
6 E. WHEREAS, This Agreement is executed pursuant to tr
7 provisions of the Subdivision Map Act of the State of Californj
8 and Title 19 San Bernardino Municipal Code.
9 NOW THEREFORE, for and in consideration of the approval c
10 the map and of the acceptance of the dedications, or sor
11 thereof, therein offered and in order to insure satisfacto:
12 performance by Subdivider of Subdivider's obligations under saI
13 Subdivision Map Act and said Ordinance, the parties agree
14 follows:
15 1. Performance of Work. Subdivider will do and perfoz-
16 or cause to be done and performed, at Subdivider's own expenss
17 in a good and workmanlike manner, and furnish all requir{
18 materials, all to the satisfaction of the City Engineer of Cit
19 the work and improvements within (and/or without) the subdivisi
20 to complete the improvements in accordance with the Plans a
21 Specifications on file as hereinbefore specified, or with a
22 changes required or ordered by said Engineer which, in h
23 opinion, are necessary or required to complete the work.
24 2. Work: Places and Grades to be Fixed by Engineer. F
25 of said work is to be done at the places, of the materials,
26 the manner, and at the grades, all as shown upon the Plans
27 Specifications therefor, heretofore approved by City Engineer
28 which are now on file in his office, and to the satisfaction
BAS/mgl[Subdivimp.Agr] 2
September 20, 1990
1
2 said City Engineer.
3 3. Work: Time for Commencement and Performance. Ci-t•
4 hereby fixes the time for the completion of said work to b
5 within �'wc.K.f y—�a�r�2`F) /riO�L from the date hereof.
6 4. Time of Essence - Extension. Time is of the essence o
7 this Agreement; provided that, in the event good cause is show
8 therefor, the City Engineer may extend the time for completion o
9 the improvements hereunder. Any such extension may be grante
10 without notice to the Subdivider ' s surety, and extensions is
11 granted shall not relieve the surety's liability on the bond •t
12 secure the faithful performance of this Agreement. The Cit-
13 Engineer shall be the sole and final judge as to whether or nc
14 good cause has been shown to entitle Subdivider to an extension.
15 5. Repairs and Replacements. Subdivider shall replace, c
16 have replaced, or repair, or have repaired, as the case may be
17 all pipes and monuments shown on the map which have beE
18 destroyed or damaged, and Subdivider shall replace, or hav
19 replaced, repair, or have repaired, as the case may be, or pay -
20 the owner the entire cost of replacement or repairs, of any a:
21 all property damaged or destroyed by reason of any work doi
22 hereunder, whether such property be owned by the United State.
23 or any agency thereof, or the State of California, or any agen
24 or political subdivision thereof, or by the City, or by a
25 public or private corporation, or by any person whomsoever, or
26 any combination of such owners. Any such repair or replaced(:
27 shall be to the satisfaction, and subject to the approval, of 't
28 City Engineer.
BAS/mgl[Subdivimp.Agr] 3
SpntemhAr 20. 1990
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2 6. Utility Deposits - Statement. Subdivider shall fj.?
3 with the City Clerk, prior to the commencement of any work to t
4 performed within the area delineated on the map, a writtf
5 statement signed by Subdivider, and each public utilit
6 corporation involved, to the effect that Subdivider has made a-
7 deposits legally required by such public utility corporation !`c
8 the connection of any and all public utilities to be supplied r
9 such public utility corporation within the Subdivision.
10 7. Permits: Compliance with Law. Subdivider shall, c
11 Subdivider' s expense, obtain all necessary permits and licensf
12 for the construction of such improvements, give all necessa-
13 notices and pay all- fees and taxes required by law. Subdivid
14 shall comply with all provisions of the Subdivision Map Act a:
15 Title 19 San Bernardino Municipal Code.
16 8. Superintendence by Subdivider. Subdivider shall g:i
17 personal superintendence to the work on said improvement, or ha
18 a competent foreman or superintendent, satisfactory to the Ci
19 Engineer on the work at all times during progress, with authori
20 to act for Subdivider.
21 9. Inspection by City. Subdivider shall at all tier.
22 maintain proper facilities and provide safe access for inspecti
23 by City to all parts of the work and to the shops wherein t
24 work is in preparation.
25 10. Contract Security. Concurrently with the execut::
26 hereof, Subdivider shall furnish to City improvement security
27 follows:
28 (a) An amount equal to at least one hundred percent (10C
BAS/mgl[Subdivimp.Agr] 4
September 20, 1990
1
2 of the total estimated cost of the improvement ar
3 acts to be performed as security for the faithfL
4 performance of this Agreement;
5 (b) An amount equal to at least fifty percent (50%) of tt
6 total estimated cost of the improvements and acts t
7 be performed as security for the payment of a:
8 persons performing labor and furnishing materials j
9 connection with this Agreement; and,
10 (c) An amount equal to at least twenty-five percent (25'!
11 of the total estimated cost of the improvements ar
12 acts to be performed as security for the guarantee air
13 warranty of the work for a period of one ( 1 ) ye
14 following the completion and acceptance there:
15 against any defective work or labor done, or defect:
16 materials furnished.
17 As a part of the obligation guaranteed by t:
18 security and in addition to the f ace amount of t
19 security, there shall be included costs and reasonat
20 expenses and fees, including reasonable attorney
21 fees, incurred by City in successfully enforcing
22 obligation secured. The type of security furnis'F
23 shall be in the form of bonds, deposits or letters
24 credit as provided in Title 19 San Bernardi
25 Municipal Code, and the type shall be at the option.
26 and subject to the approval of the City Engineer
27 the City Attorney.
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BAS/mgl[Subdivimp.Agr] 5
September 20, 1994
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2 11. Subdivider's Insurance. Subdivider shall not commenc
3 work under this Agreement until Subdivider shall have obtainer
4 all insurance required under this paragraph, and such insuranc
5 shall have been approved by City Attorney as to form, amount an
6 carrier , nor shall Subdivider allow any contractor o_
7 subcontractor to commence work on his contract or subcontrac
8 until all similar insurance required of the contractor o-
9 subcontractor shall have been so obtained and approved. Al_
10 requirements herein provided shall appear either in the body o
11 the insurance policies or as endorsements and shall specificall
12 bind the insurance carrier.
13 (a) Workers Compensation Insurance/Employer's Liabili-t
14 Insurance. Subdivider shall maintain, during the li:E
15 of this Agreement, Worker's Compensation Insurance an
16 Employer' s Liability Insurance for all Subdivider'
17 employees employed at the site of improvement, and, i
18 case any work is sublet, Subdivider shall require an
19 contractor or subcontractor similarly to provifl
20 Worker ' s Compensation Insurance and Employer '
21 Liability Insurance for all contractor ' s o
22 subcontractor's employees, unless such employees ar
23 covered by the protection afforded by Subdivider. I
24 case any class of employees engaged in work under thi
25 Agreement at the site of the project is not protecte
26 under any Worker's Compensation Law, Subdivider sha'_
27 provide , and shall cause each contractor an
28 subcontractor to provide, adequate insurance for tr
AS/mgl[Subdivimp.Agr] 6
eptember 20, 1990
1
2 protection of employees not otherwise protected.
3 Subdivider shall indemnify City for any damage
4 resulting to it from failure of either Subdivider o:
5 any contractor or subcontractor to take out oz
6 maintain such insurance.
7 (b) Public Liability and Property Damage Insurance:
8 Subdivider shall take out and maintain, during thif
9 life of this Agreement, such public liability aric
10 property damage insurance as shall insure City, it:E
11 elective and appointive boards, commissions, officers:
12 agents and employees, Subdivider and any contractor or
13 subcontractor performing work covered by thi.
14 Agreement from claims for damages for personal injury
15 ( as defined hereunder) , including death, as well a
16 from claims for property damage or product liabilii:
17 which may arise from Subdivider' s or any contractor'
18 or subcontractor's operations hereunder, whether swc
19 operations be by Subdivider or any contractor c
20 subcontractor, or by anyone , including , witho-u
21 limitation , agents , employees or independen
22 contractors, directly or indirectly employed by eithe
23 Subdivider or any contractor or subcontractor, and tr
24 amounts of such insurance shall be as follows:
25 (1) Public Liability Insurance. In an amount nc
26 less than One Million Dollars ($1,000,000.00) f,
27 injuries, including, but not limited to, dead
28 to any one person, and, subject to the same lira_
AS/mgl[Subdivimp.Agr] 7
eptember 20, 1990
1
2 for each person, in an *amount not less than On
3 Million Dollars ($1,000,000.00) on account of an
4 one occurrence; Product Liability Insuranc
5 coverage should be part of the Public Liabilit
6 Insurance;
7 (2) Property Damage Insurance. In an amount not le:
8 than One Million Dollars ($1,000,000.00)
9 for damage to the property of each person c
10 account of any one occurrence.
11 In the event that any of the aforesaid insuranx
12 policies provided for in this Paragraph 11 insures air
13 entity, person, board or commission other than tho
14 mentioned in this paragraph, such policy shall conta.
15 a standard form of cross-liability endorsemen
16 insuring on such policy City, its elective a,
17 appointive boards, commissions, officers, agents a
18 employees , Subdivider and any contractor t
19 subcontractor performing work covered by th
20 Agreement.
21 (3) Tail Coverage. Insurance coverage, albeit f
22 public liability or property damage, shall
23 written, if possible, on an "occurrence" fc
24 rather than a "claims made" policy. if t
25 insurance policy -is written on a "claims mac
26 policy, then additional coverage, entitled "t:
27 coverage" must be purchased to cover a period
28 one ( 1 ) year from completion of the project.
AS/mgl[Subdivimp.Agr] 8
eptember .20, 1990
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2 subcontractors must and shall comply with th
3 same insurance provisions as the contractor(:s
4 and subdivider(s) .
5 (4) Personal Injury - Defined. As used herein, t!h
6 term "personal injury" shall be defined as a hur
7 or damage to one ' s person including, withou
8 limitation, damage to health, cuts, bruises
9 broken limbs and/or bones , or the like
10 disabilities or impairments , includin
11 aggravation of existing injuries, on invasion c
12 personal rights, including libel or slander
13 criminal conversation, malicious prosecution
14 false imprisonment and mental suffering.
15 12. Evidence of Insurance. Subdivider and contracts
16 shall furnish City, concurrently with the execution hereof, wi*
17 satisfactory evidence of the insurance required, and evidenc
18 that City is named and endorsed on the policy as an additionz
19 insured. Subdivider and contractor shall also provide City wi.
20 evidence that each carrier will be required to give City at leap.
21 ten ( 10 ) days prior written notice of the cancellation c
22 reduction in coverage of any policy during the effective peri.r
23 of this Agreement.
24 13 . Hold Harmless/Indemnification. Subdivider( s
25 Developer(s) hereby agree to and shall protect, defend, indemni
26 and hold the City and its elective and appointive board
27 commissions, officers, agents, employees and servants free a:
28 harmless from any and all liability losses, damages, claim.
BAS/mgl[Subdivimp.Agr] 9
eantember 20. 1990
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2 liens, demands and cause of action of* every kind and charac:t
3 including, but not limited to, the amounts of judgment
4 penalties, interests, court costs, attorney's/legal fees, and
5 other expenses incurred by the City arising in favor on e
6 party, including claims, liens, debts, demands for lost wages
7 compensation, personal injuries, including employees of the Ci-
8 death or damages to property (including property of the City)
9 without limitation by enumeration, all other claims or demands;
10 every character occurring or in any way incident to,
11 connection with or arising directly or indirectly, ( includ_
12 from the negligent performance by its officers, employee
13 agents ) from the terms of this Agreement , whether su
14 operations/incidents are caused by contractor, Subdivider or .
15 of contractor/Subdivider's subcontractors, contractors or by
16 one or more persons directly or indirectly employed by or act
17 as agent for contractor, Subdivider, or any one of contractor
18 Subdivider's contractors or subcontractors. Subdivider/Develo
19 shall investigate, handle, respond to, provide defense for
20 defend any such claims, demand, or suit at the sole expense
21 the Subdivider/Developer even if the claim or claims alleged
22 groundless, false or fraudulent. Subdivider agrees to,
23 shall, defend City, its appointive boards, commissions, office
24 agents and employees from any suits or actions at law or
25 equity for damages caused, or alleged to have been caused,
26 reason of any of the aforesaid operations, provided as follow,
27 (a) That City does not, and shall not, waive any rig
28 against Subdivider which it may have by reason of
BAS/mgl[Subdivimp.Agr] 10
September 20, 1990
1
2 aforesaid hold harmless agreement, because of tlz.
3 acceptance by City, or the deposit with City b
4 Subdivider, or any of the insurance policies describe
5 in Paragraph 11 hereof.
6 (b) That the aforesaid hold harmless agreement b.
7 Subdivider shall apply to all damages and claims for
8 damages of every kind suffered, or alleged to hav*
9 been suffered, by reason of any of the aforesaic
10 operations referred to in this paragraph, regardless
11 of whether or not City has prepared, supplied o.
12 approved of Plans and/or Specifications for th
13 subdivision, or regardless of whether or not suc:
14 insurance policies shall have been determined to la
15 applicable.. to any of such damages or claims fo
16 damages.
17 This provision is not intended to create any cause of action i
18 favor of any third party against Subdivider/Developer or the Cit
19 or to enlarge in any way the Subdivider's/Developer's liabili'
20 but is intended solely to provide for indemnification of the Cit
21 from liability for damage or injuries to third persons c
22 property arising from Subdivider/Developer ' s performanc
23 hereunder.
24 14. Title to Zmpro --ants. Title to, and ownership ot
25 all improvements constructed hereunder by Subdivider shall ves
26 absolutely in City, upon completion and acceptance of suc
27 improvements by City.
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/mgl[Subdivimp.Agr] 11
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2 15. Repair or Reconstruction of Defective Work. If
3 within a period of one year after final acceptance of the wor
4 performed under this Agreement, any 'structure or part of ar
5 structure furnished and/or installed or constructed, or caused t
6 be installed or constructed by Subdivider, or any of the wcr
7 done under this Agreement, fails to fulfill any of th
8 requirements of this Agreement or the Specifications referred t
9 herein, Subdivider shall, without delay and without any cost t
10 City, repair or replace or reconstruct any defective or otherwis
11 unsatisfactory part or parts of the work or structure. Shoul
12 Subdivider fail to act promptly or in accordance with th.i
13 requirement, or should the exigencies of the situation a
14 determined by the City in the exercise of its sole discretic
15 require repair, replacement or reconstruction before th
16 Subdivider can be notified, City may, at its option, make th
17 necessary repairs or replacements or perform the necessary work
18 and Subdivider shall pay to the City the actual cost of suc
19 repairs plus fifteen percent (15$) .
20 16. Subdivider Not Agent of City. Neither Subdivider nc
21 any of Subdivider' s agents or contractors are, or shall be
22 considered to be agents of City in connection with th
23 performance of Subdivider's obligations under this Agreement.
24 17. Cost of Engineering and Inspection. Subdivider shal
25 pay to City the costs of all permit fees for all engineeri:7
26 inspections and other services connected with the City in regal:'
27 to the subdivision. Said fees shall be paid prior to commencin:.
28 any construction.
AS/mgl[Subdivimp.Agr] 12
eptember 20, 1990
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2 18. Notice of Breach and Default. if Subdivider refus,-
3 or fails to obtain prosecution of the work, or any severable pa_
4 thereof, with such diligence as will insure its completion wittL
5 the time specified, or any extensions thereof, or fails to obta_
6 completion of said work within such time, or if the Subdivicif
7 should be adjudged a bankrupt, or Subdivider should make
8 general assignment for the benefit of Subdivider's creditors, c
9 if a receiver should be appointed in the event of Subdivider'
10 insolvency, or if Subdivider, or any of Subdivider's contractor:
11 subcontractors, agents or employees, should violate any of t:l
12 provisions of this Agreement, City Engineer or City Council nnz
13 serve written notice upon Subdivider and Subdivider's surety
14 breach of this Agreement, or of any portion thereof, and defau_
15 of Subdivider.
16 19. Breach of Agreement; Performance by Surety or Cit-
17 In the event of any such notice, Subdivider's surety shall ha
18 the duty to take over and complete the work and the improveme
19 herein specified; provided, however, that if the surety, with
20 five days after the serving upon of such notice of breach, do
21 not give City written notice of its intention to take over t
22 performance of the contract, and does not commence performar
23 thereof within five days after notice to City of such electic
24 City may take over the work and prosecute the same to completic
25 by contract or by any other method City may deem advisable, i
26 the account and at the expense of Subdivider, and Subdivide:
27 surety shall be liable to City for any excess cost or dama5
28 occasioned City thereby; and, in such event, City, withc
BAS/mgl[Subdivimp.Agr] 13
santamher 20. 1990
1
2 liability for so doing, may take possbssion of, and utilize j
3 completing the work, such materials, appliances, plant and othc
4 property belonging to Subdivider as may be on the site of 1:1
5 work and necessary therefor.
6 20. Notices. All notices herein required shall be 1
7 writing, and delivered in person or sent by registered mai.1
8 postage prepaid.
9 (a) Notices required to be given to City shall b
10 addressed as follows:
11 City Administrator
City Hall
12 300 North "D" Street
13 San Bernardino, California 92418
14 (b) Notices required to be given to Subdivider shall t
15 addressed as follows:
16 Hidden Hill of Verdemont, L.LC
17 1710 W. Arrow Hwy #1 , Upland, CA 91786
18 (c) Notices required to be given to surety of Subdivide
19 shall be addressed as follows:
20 Inrercargo Insurance Co. c/o Inland Surety
21 4371 Latham St . Sutie 201 Riverside, CA 92501
22 Provided that any party or the surety may change such address t
23 notice in writing to the other party, and, thereafter, notice
24 shall be addressed and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be bindir
26 upon and inure to the benefit of each of the parties and thei
27 respective legal representatives, successors, heirs and assigns.
28 ///
BAS/mnl r Subdivimn_Arrr1 I A
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2 IN WITNESS WHEREOF, the parties hereto have executed t
3 Agreement on the day and year first above written.
4 ATTEST: CITY OF SAN BERNARDINO
5
6 City Clerk By. _
Judith Valles, Mayor
7 Approved as to form City of San Bernardino
and legal content:
8 SUBDIVIDER:
JAMES F. PENMAN, Hidden Hill of Verdemont, LLC.
9 City Attorney,
By:
10 Wyn C Holmes, Presj_ en —
By' o Construction Co
11 Its Managing Member
12
13 INSTRUCTIONS
14 If the Subdivider is a corporation, the Agreement must:
15 executed in the corporate name and signed by the President o.
16 vice-President and the Secretary or Assistant Secretary, and
17 corporate seal affixed., If the Subdivider is a partnership,
18 must be signed by all partners . If the Subdivider is
19 individual doing business under a fictitious name, it must:
20 signed by all persons having an interest in the business, and
21 fictitious name must be signed also. The Agreement must
22 notarized.
23
24 STATE OF CALIFORNIA )
25 COUNTY OF ss.
)
On this day y of 19 befo
e, the undersigned, a Notary Public in and for said County a
27 State, personally appeared
28 ersonally known to me ( or proved to me on the basis
atisfactory evidence to be the President, and _
AS/mgl[Subdivimp.Acrl 15
1
2 personally known to me ( or proved to . me on the basis t
3 satisfactory evidence) to be the
of the corporation that executed —
4 the within instrument, and known
to me to be the persons who
5 executed the within instrument
on behalf of the corporation
6 therein named, and acknowledged
to me that such corporation
7 executed the same, pursuant to
its by-laws, or a resolution of
8 its Hoard of Directors.
WITNESS my hand and official seal.
9
10 Notary Signature (This area for official seal
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AS/mgl[Subdivimp.Agr] 16
September 20, 1990
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t State of
CALIFORNIA
County of SAN BERNARDINO
On APRIL 5, 1999 before me, THE UNDERSIGNED ,
Date Name and Title of Ofter(e.g.,'Jane Doe,Notary Public")
personally appeared WYN C. HOLMES
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Name(s)of Signers)
personally known to me–OR–❑proved to me on the basis of satisfactory evidencelo be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies),and that by
his/her/their signature(s)on the instrument the person(s),
Z NANCY B.SILBERBERG Z or the entity upon behalf of which the person(s) acted,
3 comm.#1123143 S executed the instrument. r
NOTARY MALIC- Ct <
P w Comm Expkm FeknWy 24-20M S WITN SS my hand and official seal.
Signature of Notary Public S
NANCY B. SILB
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and cou even
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
t
Title or Type of Document: AGREEMENT
z
Document Date: APRIL 5, 1999 Number of Pages: 15
c
Signer(s) Other Than Named Above: ITH VALL.ES, MAYOR f
Capacity(ies) Claimed by Signer(s) t
Signer's Name: WYN C. HOLMES Signer's Name: *
❑ Individual ❑ Individual
X Corporate Officer ❑ Corporate Officer
Title(s): PRESIDENT Title(s):
❑ Partner— Limited General Partner—❑ Limited ❑ General
❑ Attorney-in-Fact ❑ Attorney-in-Fact
❑ Trustee _ ❑ Trustee
Guardian or Conservator ❑ Guardian or Conservator
f— Other: Top of thumb here ❑ Other: Top of thumb here
r
Signer Is Representing: Signer Is Representing:
HIDDEN HILLS OF VERDEMONT
L.L.C.
Y
SSC
C
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