HomeMy WebLinkAbout2019-011Resolution No. 2019-11
RESOLUTION NO. 2019-11
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FINAL MAP FOR TRACT NO. 18895
(SUBDIVISION 18-12), INVOLVING THE SUBDIVISION
OF A PROPERTY COMPRISED OF FOUR (4) PARCELS
CONTAINING APPROXIMATELY 3.0 ACRES INTO
TWELVE (12) SINGLE-FAMILY RESIDENTIAL LOTS
LOCATED ON THE NORTHEAST CORNER OF W. MILL
STREET AND S. MACY STREET WITHIN THE
RESIDENTIAL SUBURBAN (RS) ZONE, ACCEPTING THE
PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP;
AND AUTHORIZING EXECUTION OF THE STANDARD
FORM OF AGREEMENTS OF THE SUBDIVISION
IMPROVEMENTS
WHEREAS, on November 13, 2018, the Planning Commission adopted Resolution No.
2018-066 approving Subdivision 18-12 for Tentative Tract Map 18895, and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 18895
with conditions of approval, and has analyzed the Final Map for Tract No. 18895 in order to
ensure consistency between the approved Tentative Tract Map 18895 with adopted conditions of
approval and the final map requirements, and has determined that the Final Map for Tract No.
18895 has been found to be in substantial conformance with the approved Tentative Tract Map
18895, and
WHEREAS, the Mayor and City Council find that proposed Tract Map No.18995,
located on the northeast corner of W. Mill Street and S. Macy Street within the Residential
Suburban (RS) Zone, together with the provisions of their design and improvement is consistent
with the General Plan of the City of San Bernardino, and
WHEREAS, The City Manager of the City of San Bernardino is authorized to execute
the standard form Subdivision Improvement Agreement with Secured Income Group
Incorporated, attached and incorporated herein as Exhibit A, for the improvements in said Tract
Map as required by Title 19 of the San Bernardino Municipal Code and the California
Subdivision Map Act. The time for performance is as specified in the Agreement. Said
improvements are specifically described and shown on Drawings approved and on file in the
office of the Community Development Department of the City of San Bernardino.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor and City Council find that the above -stated Recitals are true
and hereby adopt and incorporate them herein.
Resolution No. 2019-11
SECTION 2. In accordance with Section 15060 (Preliminary Review) of the California
Environmental Quality Act (CEQA), the City Engineer conducted an environmental evaluation
in connection with the Final Map for Tract No. 18895, and concluded that the Final Map for
Tract No. 18895 is found to be exempt under Section 15061(b)(1) (Statutory Exemptions) of
CEQA. Pursuant to Section 15268(b)(3) (Ministerial Projects) of CEQA, the approval of final
subdivision maps shall be presumed to be ministerial in the absence of any discretionary
provision contained in the local ordinance or other law establishing the requirements for the
permit, license, or other entitlement for use. The City Engineer has analyzed the Final Map for
Tract No. 18895 in order to ensure consistency between the approved tentative tract map with
adopted conditions of approval and the final map requirements, and has determined that the Final
Map for Tract No. 18895 has been found to be in substantial conformance with the approved
tentative tract map. Therefore, the City Engineer has determined Final Map for Tract No 18895
is exempt pursuant to Section 15268(6)(3) of the CEQA guidelines.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. The Final Map of said Tract Map is hereby approved and the City of San
Bernardino hereby accepts as public property all dedications within the subdivision as shown on
said Tract Map for streets, alleys (including access rights), drainage and other public easements.
As a condition precedent to approval of Tract Map, the Subdivider shall first execute the
Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.
The City Clerk shall certify approval and acceptance of the Mayor and City Council as
set forth in this Resolution.
SECTION 6. The authorization to execute the Agreement is rescinded if the parties to
the Agreement fail to execute it within sixty (60) days of the passage of this Resolution.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 16'b day of Janu 2019. /)j 0
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John Valdivia, Mayor
City of San Bernardino
Attest:
Georgean anna, MMC; y Clerk
Approved as to form:
6� '--� 'Z --
Gary D. Saenz, City Attorney
Resolution No. 2019-11
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-11 adopted at a regular meeting held at the 16v' day of January 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ it
MARRA Y
VACANT
SHORETT X
NICKEL y
RICHARD X
ABSTAIN ABSENT
MULVIHILL _ X
VO TNESS my hand and official seal of the City of San Bernardino this 1day of jgpgga 2019.
Georgeann Wanna, MMC, ity-Clerk
AGREEMENT
(Subdivision Improvements)
THIS AGREEMENT is made and entered into as of this 16th day of Tanuary , 2019,
by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to
as "City," and Secured Income Group, Inc. hereinafter referred to as "Subdivider."
RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision map
(hereafter called "map') entitled Tract Map 18895; and,
B. WHEREAS, the map has been filed with the City for presentation to the City Council
called "Council') of the City for its approval, which map is hereby refemed to and
incorporated herein; and,
C. WHEREAS, Subdivider has requested approval of the map prior to the construction 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 the City; and,
D. WHEREAS, 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; and,
E. WHEREAS, This Agreement is executed pursuant to the provisions of the Subdivision
Map Act of the State of California and Title 19 San Bernardino Munici 0 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:
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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 EnLineer. 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, heretofore 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 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 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 extension.
5. Repairs and ReRacements. 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 destroyed or
damaged, and Subdivider shall replace, 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 by the United
States, or any agency thereof, or the State of California, or any agency or political subdivision thereof,
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or by the City, or by any public or private corporation, or by any person whomsoever, or by any
combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to
the approval, of the City Engineer.
5. Utilit,- De;.osits — Statement. Subdivider shall file with the City Clerk, prior to the
commencement of any work to be performed within the area delineated on the map, a written statement
signed by 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 utility corporation within the Subdivision_
7. Permits: Compliance with Law. Subdivider shall, at Subdivider's expense, obtain all
necessary 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
Subdivision Map Act and Title 19 San Bernardino Munci2al Code.
8. Su rintendence b Subdivider. Subdivider shall give personal superintendence to the
work on said improvement, or have a competent foreman or superintendent, satisfactory to the City
Engineer on the work at all times during progress, with authority to act for Subdivider.
9. Inspection b, City. Sabdivider shall at all times maintain proper facilities and provide
safe access for inspection by City to all parts of the work and to the shops wherein the work is in
preparation.
10. Contract Securit , . Concurrently with the execution hereof, Subdivider shall furnish to
City improvement security as follows:
(a) An amount equal to at least one hundred percent (100%) of the total estimated cost of
the improvement and acts to be performed as security for the faithful performance of this
Agreement;
(b) An amount equal to at least fifty percent (50%) of the total estimated cost of the
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improvements and acts to be performed as security for the payment of all persons
performing labor and furnishing materials in connection with this Agreement; and,
(c) An amount equal to at least twenty-five percent (25%) of the total estimated cost of the
improvements and acts to be performed as 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 addition to the face amount
of the security, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's 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 19 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.
11. Subdivider's Insurance. Subdivider shall not commence work under this Agreement
until Subdivider shall have obtained all insurance required under this paragraph, and such insurance
shall have been approved by City Attorney as to form, amount and carrier, nor shall Subdivider allow
any contractor or subcontractor to commence work on 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
endorsements and shall specifically bind the insurance carrier.
(a) Worker's Subdivider shall
maintain, during the life of this Agreement, Worker's Compensation Insurance and
Employer's Liability 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 Worker's Compensation Insurance. and Employer's
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Liability 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 Worker's Compensation Law, Subdivider shall provide, and shall
cause each contractor and subcontractor to provide, adequate insurance for the
protection of employees not otherwise protected. Subdivider shall indemnify City 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 Liability 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, commissions, officers,
agents*and employees, Subdivider and any contractor or subcontractor performing work
covered by this Agreement from claims for damages for personal injury, (as defined
hereunder), including death, as well as from claims for property damage or product
liability which may arise from Subdivider's or any contractor's or subcontractor's
operations hereunder, whether such operations be by Subdivider or any contractor or
subcontractor, or by anyone, including, without limitation, agents, employees or
independent contractors, directly or indirectly employed by either Subdivider or any
contractor or subcontractor, and the amounts of such insurance shall be as follows:
(1) Public Liabitit• Insurance. In an amount not less than One Million Dollars
($1,000,000.00) 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
One Million Dollars ($1,000,000.00) on account of any one occurrence; Product
Liability Insurance coverage should be part of the Public Liability Insurance;
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(2) Property _D_ amaue Insurance. In an amount not less than One Million Dollars
($1,000,000.00) 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 11
insures any entity, person, board or commission other than those mentioned in this
paragraph, such policy shall contain a standard form of cross -liability endorsement,
insuring on such policy City, its elective and appointive boards, commissions, officers,
agents and employees, Subdivider and any contractor or subcontractor performing work
covered by this Agreement.
(3) Tail Coverage. Insurance coverage, albeit for public liability or property
damage, shall be written, if possible, on an "occurrence" form rather than a
"claims made" policy. If the insurance policy is written on a "claims made"
policy, then additional coverage, entitled "tail coverage" must be purchased to
cover a period of one (1) year from completion of the project. All subcontractors
must and shall comply with t i e same insurance provisions as the contractor(s)
and subdivider(s).
(4) Personal Wury — Defined. As used herein, the term "personal injury" shall be
defined as a hurt or damage to one's person including, without limitation,
damage to health, cuts, bruises, broken limbs and/or bones, or the like,
disabilities or impairments, including aggravation of existing injuries, or
invasion of personal rights, including libel, slander, criminal conversation,
malicious prosecution, false imprisonment or mental suffering.
12. Evidence of Insurance. Subdivider and contractor shall furnish City, concurrently with
the execution hereof, with satisfactory evidence of the insurance required, and evidence that City is
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named and endorsed on the policy as an additional insured. Subdivider and contractor shall also
provide City with evidence that each carrier will be required to give City at least ten (lo) days prior
written notice of the cancellation or reduction in coverage of any policy during the effective period of
this Agreement.
13. Hold Harmless/Indemnification. Subdivider(s)/Developer(s) hereby agree to and shall
Protect, defend, indemnify and hold the City and its elective and appointive boards, commissions,
officers, agents, employees and servants free and harmless from any and all liability losses, damages,
claims, liens, demands and cause of action of every kind and character including, but not limited to, the
amounts of judgments, penalties, interests, court costs, attorney's/legal fees, and all other expenses
incurred by the City arising in favor on any party, including claims, liens, debts, demands for lost
wages or compensation, personal injuries, including employees of the City, death or damages to
property (including property of the City) and without limitation by enumeration, all other claims or
demands of every character occurring or in any way incident to, in connection with or arising directly
or indirectly, (including from the negligent performance by its officers, employees, agents) from the
terms of this Agreement, whether such operations/incidents are caused by contractor, Subdivider or any
of contractor/Subdivider's subcontractors, contractors or by any one or more persons directly or
indirectly employed by or acting as agent for contractor, Subdivider, or any one of contractor or
Subdivider's contractors or subcontractors. Subdivider/Developer shall investigate, handle, respond to,
provide defense for and defend any such claims, demand, or suit at the sole expense of the
Subdivider/Developer even if the claim or claims alleged are groundless, false or fraudulent.
Subdivider agrees to, and shall, defend City, its appointive boards, commissions, officers, agents and
employees from any suits or actions at law or in equity for damages caused, or alleged to have been
caused, by reason of any of the aforesaid operations, provided as follows:
(a) That City does not, and shall not, waive any rights against Subdivider which it may have
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by reason of the aforesaid hold harmless agreement, because of the acceptance by City,
or by deposit with City by Subdivider, or any of the insurance policies described in
Paragraph 11 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, by
reason of any of the aforesaid operations referred to in this paragraph, regardless of
whether or not City has prepared, supplied or approved of Plans 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.
This provision is not intended to create any cause of action in favor of any third party against
Subdivider/Developer or the City or to enlarge in any way the Subdivider's/Developer's liability but is
intended solely to provide for indemnification of the City from liability for damage or injuries to third
persons or property arising from Subdivider/Developer's performance hereunder.
14. Title to hu rovements. 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.
Re4 fair or Reconstruction of Defective Work. If, within a period of one year after final
acceptance of the work performed under this Agreement, any structure or part of any structure
fiirnished and/or installed or constructed, or caused to be installed or constructed by Subdivider, or any
of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the
Specifications referred to herein, Subdivider shall, without delay and without any cost to City, repair or
replace or reconstruct any defective or otherwise unsatisfactory 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 situation as determined by the City in the exercise of its sole discretion require repair,
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replacement or reconstruction before the Subdivider can be notified, City may, at its option, make the
necessary repairs or replacements or perform the necessary work, and Subdivider shall pay to the City
the actual cost of such repairs plus fifteen percent (151/6).
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 Eng ineedng and Inspection. Subdivider shall pay to City the costs of all permit
fees for all engineering inspections and other services connected with the City in regard to the
subdivision. Said fees shall be paid prior to commencing any construction.
18. Notice of Breach and Default. If Subdivider refuses or fails to obtain prosecution of the
work, or any severable part thereof, with such diligence as will insure its completion within the time
specified, or any extensions thereof, or fails to obtain completion of said work within such time, or if
the Subdivider should be adjudged a bankrupt, or Subdivider should make a general assignment for the
benefit of Subdivider's creditors, or if a receiver should be appointed in the event of Subdivider's
insolvency, or if Subdivider, 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 upon Subdivider and subdivider's surety of breach of this Agreement, or of any portion
thereof, and default of Subdivider.
19. Breach of A:., r e menta Performance b\ Suret : or City. In the event of any such notice,
Subdivider's surety shall have the duty to take over and complete the work and the improvement herein
specified; provided, however, that it the surety, within five days after the serving upon 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 performance thereof within five days after notice to City of such election, City
may take over the work and prosecute the same to completion, by contract or by any other method City
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may deem advisable, for the account and at the expense of Subdivider, and Subdivider's surety shall be
liable to City for any excess cost or damages occasioned City thereby; and, in such event, City, without
liability for so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to Subdivider as may be on the site of the work and
necessary therefor.
20. Notices. All notices herein required shall be in writing, and delivered in person or sent
by registered mail, postage prepaid.
(a) Notices required to be given to City shall be addressed as follows:
City Manager
City Hall
290 North "D" Street
San Bernardino, California 92401
(b) Notices required to be given to Subdivider shall be addressed as follows:
Secured Income Group, Inc.
17592 E. 17a' Street, suite 100
Tustin, CA 92780
(c) Notices required to be given to surety of Subdivider shall be addressed as follows:
International Fidelity Insurance Company
19507 Ventura Blvd.
Tarzana, CA 91356
Provided that any party or the surety may change such address by notice in writing to the other party,
and, thereafter, notices shall be addressed and transmitted to the new address.
21. Successors Bound. This Agreement shall be binding upon and inure to the benefit of
each of the parties and their respective legal representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement of the day and year
first above written.
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<ATTEST: � c
Georgeand Hanna
City Clerk
Approved as to form:
Gary Saenz,
City Attorney,
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CITY O AN BERN INO
By: -�dl�l
Andrea Miller, City Manager
City of San Bernardino
SUBDIVIDER: Secured Income Group,
Inc.
By:
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • a
.,:�.,:�..:� .,c�.,. C .,a�.a�,:�.,a�.:�.. c��.a..a..•�. ... �C s�t�t . � . � . r ',.�C C � � :�..:.. cam: � � C,
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Ora a ,
On Eialy 11.i1 �'� ZOfq before me, Eva -,P, jL of -o" A-4Lta ./ J9fib/ic
DAa etet Here Insert Name and Title of the Officer
personally appeared
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/aFe-
subscribed to the within instrument and acknowledged to me that heleke/t+iey-executed the same in
hisAhei44heir authorized capacity( s} -and that by hisAierftheirsignature(syon the instrument the person(s}-
or the entity upon behalf of which the persoro)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph
is true and correct.
WITNESS my hand and official seal.
EVA P. ROTO
Notary Public -California Z '
Z - Orange County Z r --
Commission # 2183150 Signature
My Comm. Expires Feb 12, 2oz1 Signature of ary Public
Place Notary Seal Above
OPTIONAL
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Number of Pages:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
CI Corporate Officer — Title(s):
C Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
C Trustee ❑ Guardian or Conservator
Other:
Signer Is Representing:
Signer's Name:
Corporate Officer — Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Individual ❑ Attorney in Fact
Trustee ❑ Guardian or Conservator
I Other:
Signer Is Representing:
02014 National Notary Association • www.NationaiNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907
INSTRUCTIONS
If the Subdivider is a corporation, the Agreement must be executed in the corporate name and
signed by the President or a Vice -President and the Secretary or Assistant Secretary, and the
corporate seal affixed. If the Subdivider is a partnership, it must be signed by all partners. If the
subdivider is an individual doing h iu si ri e ss under a fictitious name, it must be signed by all persons
having an interest in the business, and the fictitious name must be signed also. The Agreement must
be notarized.
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