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~ File ~ 11.03, TR 13,554
C~TY OF SAN BERIlARDINO - REQUEST POR COUNCIL ACTION
~. --.-."
_ . _ Approval of Final Map for Tract
Subject: No. 13554 -- Northerly Terminus of
"H" Street and "I" Street, North
of Northpark Boulevard
1m:
. pt:
ROGER G. HARDGRAVE
Public Works/Engineering ----
Date: 7-12-90
Synopsis of Previous Council action:
09-18-89 -- Developer's appeal upheld, determination made that
an Environmental Impact Report will not be
required, and Planning Commission directed to
consider Tract No. 13554 with additional
conditions.
Recommended motion:
~ Adopt resolution.
cc: Shauna Edwins
Jim Penman
Contact person:
Youn H. Kim
Staff Report, Map
and Resolution
Phone:
5027
Supporting data attached:
Ward:
5
FUNDING REQUIREMENTS:
Amount: N/A
Source: (Acct. No.)
(Acct. Descriotion)
Finance:
.ncil Notas:
.,'" ft"u::..,
Ananl"f::ll ....arn f\ln ..3/
CITY OF SAN BER.RDINO - REQUEST R>>R COUNCIL ACTION
I)
STAFF REPORT
On August 22, 1989, the Planning Commission voted to
require an Environmental Impact Report for Tentative Tract No.
13554.
At the Council meeting of September 18, 1989, the
Developer's appeal was heard. The appeal was upheld, and a
determination made that a focused Environmental Impact Report
would not. be required or prepared; and that the Planning
Commission be directed to consider Tentative Tract No. 13554
with additional condition 5.
Tentative Tract No. 13554 was approved by the Planning
Commission on October 17, 1989, with the additional conditions.
Tract No. 13554 is a two hundred eighty-six (286) lot,
Single Family Subdivision in the R-1-7200 Single Family Resi-
dential Zone.
The required improvement securities and certificates of
insurance have been filed with this office, and the prescribed
fees have been paid. Also, the improvement plans have been
prepared and are ready for approval. The grading plan has been
approved.
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The Final Map has been reviewed and found
substantial compliance with the tentative map
Subdivision Map Act. Therefore, we recommend that the
be approved.
to be in
and the
Final Map
.
7-12-90
75.0264
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TR 13554
7-12-90
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RESOLUTION NO.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE
FINAL MAP FOR SUBDIVISION TRACT NO. 13554, LOCATED ON THE
NORTHERLY TERMINUS OF "H" STREET AND "I" STREET, NORTH OF
NORTHPARK BOULEVARD, ACCEPTING THE PUBLIC DEDICATIONS AS SET
FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM
OF AGREEMENT WITH AMENDMENTS FOR THE IMPROVEMENTS IN SAID
SUBDIVISION, WITH TIME FOR PERFORMANCE SPECIFIED.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor and Common Council find that proposed
Subdivision Tract No. 13554, located on the Northerly terminus of
"H" Street and "I" Street, North of Northpark Boulevard, together
with the provisions for its design and improvements is consistent
with the General Plan of the City of San Bernardino.
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 Forecast
Corporation, 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. Section 12(b)(1) of said
Agreement is hereby amended to require public liability insurance
in an amount of not less than One Million Dollars ($1,000,000.00)
per person and One Million Dollars ($1,000,000.00) per
occurrence.
Section 12(b)(2) of said Agreement is amended to
require property damage insurance in an amount of not less than
One-Hundred Thousand Dollars ($100,000.00) per occurrence. The
time for performance is specified at twenty-four (24) months.
Said improvements are ~pecifica11Y described and shown on
Drawings approved and on file in the Office of the City Engineer
of the City of San Bernardino.
HE/dys/13554.res
July 31, 1990
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SECTION 3. Section 11 of said Agreement is amended to read
as follows:
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"Hold Harmless Agreement
Subdivider hereby agrees to, and shall, hold City, its
elective and appointive boards, commissions, officers,
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agents and employees harmless from any liability for damage
or claims for damage for personal injury, including death,
as well as from claims for property damage which may arise
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from Subdivider's or Subdivider's contractors',
subcontractors', agents' or employees' operations under
this agreement, whether such operations be by Subdivider or
by any of Subdivider's contractors, subcontractors, or by
&ft8 anyone or more persons directly or indirectly employed
by, or acting as agent for, Subdivider
any of
or
Subdivider's contractors or subcontractors. .
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SECTION 4.
Section 15 of said Agreement is amended to
17 read as follows:
18 "15. Repair or Reconstruction of Defective Work
19 If, within a period of one year after final acceptance
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of the work performed under this agreement, any structure
or part of any structure finished 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
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July 31, 1990
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unsatisfactory part or parts of the work or structure.
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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, replacement or
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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 City the actual cost of such repairs plus
fifteen percent (15%)."
SECTION 5.
Section 20 of said Agreement is amended by
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13 "SUCCESSORS BOUND
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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."
SECTION 6.
The Final Map of said subdivision tract is
18 hereby approved and the City of San Bernardino hereby accepts as
19 public property all dedications within the subdivision as shown
20 on said Final Map for streets, alleys, (including access rights),
21 drainage and other public easements. As a condition precedent to
22 approval of the Final Map, the Subdivider shall first execute the
23 agreement referenced in Sections 2, 3, 4 and 5 hereof for the
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improvements within said subdivision.
The City Clerk shall
25 certify the approval and. acceptance of the Mayor and Common
26 Council as set forth in this resolution.
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HEfdysf13554.res
July 31, 1990
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RESOLUTION . . . APPROVING THE FINAL MAP FOR SUBDIVISION TRACT
NO. 13554 . . . WITH TIME FOR PERFORMANCE SPECIFIED.
SECTION 7.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
meeting thereof, held on the
, 1990, by the following vote, to wit:
day of
Council Members:
AYES
NAYS
ABSTAIN
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
City Clerk
of
The foregoing resolution is hereby approved this
, 1990.
day
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W. R. Holcomb, Mayor
City of San Bernardino
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Approved as to
25 form and legal content:
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JAMES F. PENMAN,
City Attorney}
By: ",,,, + ".::: , ~ ,'"""'-
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H yS/13554.res
July 31, 1990
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A~B~~M~H1:
(Subdivision Improvements)
THIS AGREEMENT is made and entered into this day
of , 19__, by and between the CITY OF SAN
BERNARDINO a Municipal corporation, hereinafter referred to as
[) "City", and Forecast Corporation
(j hereinafter referred to as "Subdivider".
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8 Subdivider has presented to City for approval a final
!J subdivision map (hereinafter called "map") entitled "
10 Tract 13554-1
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12 The map has been filed with the city for presentation to
13 the City Council (hereinafter called "Council") of the city for
14 its approval, which map is hereby referred to and incorporated
15 herein.
16 Subdivider has requested approval of the map prior to the
17 construction and completion of improvements, including all
18 streets, highways or public ways and public utility facilities
19 which are a part of, or appurtenant to, the subdivision (here-
20 inafter ca1led "subdivision") designated in the map, all in
21 accordance with, and as required by, the Plans and Specifications
22 for all or any of said improvements in, appurtenant to, or out-
23 side the limits of subdivision, which Plans and Specifications
24 are now on file in the Office of the City Engineer of the city.
25 Council has approved said map and accepted the dedications
26 therein offered, or some thereof, on condition that Subdivider
27 first enter into and execute this agreement with the city;
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This agreement is executed pursuant to the provisions of
the Subdivision 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 hie opinion are necessary or
required to complete the work.
2. Work: Places and Grades to be Fixed bv Enqineer
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.
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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.
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.
ReDairs and ReDlacements
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5.
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 here
under, whether such property be owned by the United
States or any agency thereof, or the State of Calif-
ornia, or any agency or political subdivision
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thereof, 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.
Utility Deoosits - 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 corpor-
tion 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.
Permits: Comoliance 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 18 San Bernardino Municipal Code.
Suoerintendence bY 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 auth-
ority to act for Subdivider.
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Inscection bv City
SUbdivider shall at all times maintain proper facil-
ities 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 Security
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Concurrently with the execution hereof, SUbdivider
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shall furnish to City
follows:
(a) An amount equal to at least one hundred percent
improvement
security as
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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 of
the total estimated cost of the improvements
and acts to be performed as security for the
payment of all persons performing labor and
furniShing materials in connection with this
agreement; and
An amount equal to at least twenty-five percent
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(c)
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
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security and in addition to the face a.ount of
the security, there shall be included co.t. and
reasonable expenses and fees, includin9
reasonable attorneys' fee. incurred by City in
successfully enforcinq the obliqation secured.
The type of security furnished shall be in the
form of bonds, deposits or letter. ot 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
Enqine.r and the City Attorney.
11. Hald Harmless Aareement
Subdivider hereby aqre.. to, and shall, hold city, its
elective and appointive boards, commissions, officers,
aqents and employees harmless trom any liability for
damaqe or claims for damaqe for personal injury, includin9
death, as well as from claims for property damage which
may arise from Subdivider's or Subdivider's contractors',
subcontractors', aqents'
or employees' operations under
this aqreement, whether such operations be by Subdivider
or by any of Subdivider's contractors, subcontractors, or
any
by aft. one or more persons directly or indirectly employed
by, or
actinq as aqent for, Subdivider or any of
Subdivider's contractors or subcontractors. Subdivider
aqrees to, and shall, detend city, and its appointive
boards, commissions; officers, aqents and employees from
any suits or actions at law or in equity for damaqes
caused, or alleqed to have been caused, by reason of any
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of the aforesaid operations, provided as follows:
(a) That City 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 any of the insurance policies
described in Paragraph 12 hereof.
(b) That the aforesaid hold harmless agreement by
Subdivider shall apply to all damages and claims for
damages of every kind suffered, or alleged to have
been suffered, 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.
12. 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
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appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance
carrier.
(a) ComDensation 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 any work is sublet,
Subdivider shall require any contractor or
subcontractor similarly to provide Workmen's
Compensation Insurance for all contractor's or
subcontractor's employees, unless such 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 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 Liabilitv and ProDertv Oamaae 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,
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officers. agents and employees, SUbdivider and any
contractor or subcontractor performing work covered
by this agreement trom claims tor damages for
personal injury, including death, as well as trom
claims for property damage . which may arise trom
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 directly or indirectly e.ployed by either
Subdivider or any contractor or subcontractor, and
the amounts ot such insurance shall be as follows:
(1)
Public Lia~ili~Y-lnsuranc.
One HiIIlon Dollars($I,OOO,OOO.OOI
In an amount not less than $-~~~~
for injuries, including, but not limited
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to, death, to anyone person and, subject
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to the
same limit tor each person, in an
One Million Dollars (~llOOO,OOO.OOI
not less than $ -~~~
amount
on account of anyone occurrence:
(2)
ProDertv DamAae Insur~
One-Hundred Thousand Dollars($lOO,OOO.OOI
In an amount not less than $ ~,1HKr.~
for damage to the property of each person
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on account ot anyone occurrence.
In the event that any of the aforesaid insurance
policies provided for in this Paragraph 12 insures
any entity, person, board or commission other than
those mentioned in this paragraph, such policy shall
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standard
form
of cross-liability
policy City, its
contain a
~ndorsement,
insuring
on such
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elective and appointive boards, commissions,
officers, agents and employees, Subdivider and any
contractor or subcontractor performing work covered
by this agreement.
Evidence of Insurance
Subdivider shall furnish city concurrently with the
execution hereof, with satisfactory evidence of the
insurance required, and evidence that each carrier is
required to give city at least ten days prior notice
of the cancellation or reduction in coverage of any
policy during the effective period of this agreement.
Title to ImDrovements
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.
ReDair 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
furnished 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
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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, replacement or reconstruction before the Sub-
divider can be notified, City may at its option, make
the necessary repairs or replacements or perform the
necessary work, and Subdivider shall pay to city the
actual cost of such repairs plus fifteen percent
(15%).
Subdivider Not Aaent of citv
Neither Subdivider nor any of Subdivider's agents or
contrnctors are, or shall be, considered to be agents
of City in connection with the performance of
SUbdivider'sbligations under this agreement.
Cost .of Enqineerinq and Insoection
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.
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,
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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 agree~ent, or of any portion
thereof, and default of subdivider.
Breach of Aareement: Performance qv Sur_tv 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 if 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 ta!'e 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 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,
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appliances, plant and other property belonging t
Subdivider as may be on the site of the work an
necessary therefor.
20.
Notices
5
All notices herein required shall be in writing, an
delivered in person or sent by registered mail,
postage prepaid.
Notices required to be given to City shall be addressed a
follows:
city Administrator
city Hall
300 North "0" Street
San Bernardino, California 92418
Notice required to be given to Subdivider shall be addressed a
follows:
Forecast Corporation
10670 Civic Center Drive, Rancho Cucamonga, CA 91730
Notice required to given surety of Subdivider shall be addresse
as follows:
Insco/Dico Group
333 Wilshire Avenue, Anaheim, CA 92801
Provided that any party or the surety may change such address b
notice in writing ~~ the other party and thereafter notices shall
be addressed and transmitted to the new address.
SUCCESSORS BOUND
This agreement shall be binding upon and inure to th
benefit of each of the parties and their respective lega
representatives, successors, heirs and assigns.
IN WITNESS WHEREOF, the parties hereto have executed thi
28 agreement on the day and year first aboye written.
13
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TRACT 13554-1,
o
FORECAST CORP.
IMPROVEMENTS AGREEMENT,
o
SUBDIVISION
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CITY OF SAN BERNARDINO
ATTEST:
e
By:
~
city Cl.rk
Approved as to form and
legal content:
()"
~
Attorney
By:
By
President
By:
INSTRUCTIONS
If the Subdivider is a corporation, the agr....nt 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.
must be signed by all
If the Subdivider
is a partnership, it
the Subdivider is an
e
15
partners. If
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individual doing business 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 by the Subdivider.
STATE OF CALIFORNIA }
COUNTY OF San Bernardino 55.
On th.s 2nd ~ay of March
a Nola", Puoloc .n ancl tor $lid County ancl State. pe"""ally appeared
Janes Rankin
. 1922--. before me. the unclerS'ilned.
~
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personally known to me (or proved 10 I'T'I on the tJaSlS of satlsfaclory eVidence) to be lhe
Presodenl ancl Joe canran
, Pe<sonaJl; known 10 me (or proved to me on the OU'S Of satlslaeto", evodance) to be the Vice-President
~, the corporation that executed lhe within Instrument,
and known to me to be the persons whO elll:ecLotld tn. wlth,n
Instrum,nt on betlalf of the corporatIon therein named. and
acknowledged to me that such corporatIon executed tn. same,
pursuant to Its by laws. or a resolution of liS Board of Directors.
WITNESS my hancl ancl off.C.a1 seal
..
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