Loading...
HomeMy WebLinkAbout15-Development Services >. r CITY OF SAN BERNARDINO. REQUEST FOR COUNCIL ACTION Date: April 29. 1999 ORIGINAL Subject: Resolution approving Final Map for Tentative Tract No. 15743 located on the southwest corner of Washington A venue and Palm A venue. From: MICHAEL E. HAYS, Director Dept: Development Services Synopsis of Previous Council Action: File No: 11.03 MCCDATE: May 17, 1999 None Recommended Motion: Adopt Resolution. ~ Michael E. Hays Contact Person: Yonn H Kim Phone: 5027 Ward: /5. ,(" r Supporting data attached: Staff Renort. Man. Resolution FUNDING REQUIREMENTS: Amount: N/ A Source (Ace!. No.) N/A (Ace!. Description) N/A Finance: Council Notes: Agenda Item No. 47/" . ; /5" . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution approving Final Map for Tentative Tract No. 15743 located on the southwest comer of Washington Avenue and Palm Avenue. Backl!round: The Planning Commission on August 18, 1998 approved tentative Tract No. 15743, which is a 38-lot sinc1e- family residential subdivision. The required improvement securities and certificates of insurance will be filed prior to the Council meeting of May 17, 1999, and the prescribed fees will be paid. Also, 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 ImDact: There is no financial impact to the City. Recommendation: Staff recommends that the Mayor and Common Council adopt the Resolution. City of San Bernardino, California ~' De/?artment of Development Services I~ PUblic WorkS/Engineering Division ~ 1 N w:xIPI1E: NI 2 W KlISSA NI .- "', /' c c c 1 ~@~)f RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING THE 3 FINAL MAP FOR SUBDIVISION TRACT NO. 15743 LOCATED ON THE SOUTHWEST CORNER OF WASHINGTON AVENUE AND PALM AVENUE; 4 ACCEPTING THE PUBLIC DEDICATIONS AS SET FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD FORM OF AGREEMENT FOR 5 THE IMPROVEMENTS IN SAID SUBDIVISION, WITH TIME FOR PERFORMANCE 6 SPECIFIED. 7 8 9 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract No. 15743, located on the southwest corner of Washington Avenue and Palm Avenue, together 11 with the provisions for their design and improvements, is consistent with the General Plan of 12 13 14 15 16 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 Verdemont Ranch, L.L.C., for the improvements in said subdivision tract as are required by 17 Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The 18 time for performance is specified at 24 months. Said improvements are specifically described 19 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 City 23 of San Bernardino hereby accepts as public property all dedications within the subdivision as 24 shown on said Final Map for streets, alleys (including access rights), drainage and other public 25 easements. As a condition precedent of approval of the Final Map, the Subdivider shall first 26 27 execute the agreement referenced in Section 2 hereof for the improvements within said 28 Subdivision. - 1 - c c c 1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 2 15743...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING 3 EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR 4 PERFORMANCE SPECIFIED. 5 6 7 The City Clerk shall certify the approval and acceptance of the Mayor and Common Council as 8 set forth in this Resolution. 9 10 acceptable financial guarantee to insure construction of the required public improvements, and 11 12 insurance certificate. 13 SECTION 5. This Resolution is rescinded if the parties to the agreement fail to execute 14 it within sixty (60) days of the passage of this Resolution. 15 III 16 III 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4. Recordation of the final map is contingent upon the Subdivider f1ling -2- C 1 2 3 4 5 6 7 c RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO. 15743... 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 day of , 1999, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT 17 18 19 20 1999. 21 Rachel Clark, City Clerk day of The foregoing Resolution is hereby approved this 22 23 24 Approved as to form 25 And legal content: 26 JAMES F. PENMAN, 27 City orney Judith Valles, Mayor City of San Bernardino 28 ( - 3 - c c c 1 STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) 2 CITY OF SAN BERNARDINO ) 3 4 5 6 CERTIFY, that the foregoing Resolution No. 7 8 I, RACHEL CLARK, City Clerk in and for the City of San Bernardino, DO HEREBY is a full, true and correct copy of tht now on file in this office. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City 9 of San Bernardino this 10 11 12 13 ,1999. day of Rachel Clark, City Clerk III 14 15 III 16 17 18 19 20 21 22 23 24 25 26 27 28 -4- c 13 C 14 15 16 17 18 19 20 21 22 23 24 c 1 2 AGREEMENT .. (Subdivision Improvements) 'rHl:S AGREBMBN'1' is made and entered into as of this 3 4 day of 5 6 7 8 9 , 19~, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as Verdemont Ranch, LLC. , hereinafter -City-, and referred to as -Subdivider-. BECJ:'1'ALS A. WHEREAS, Subdivider has presented to City for 10 approval a final subdivision map (hereinafter called -map-) 11 entitled Tract # 15743 38 unit subdivision 12 ; and, B. WHEREAS, the map has been filed with the City for esentation to the City COuncil (hereinafter called -COUnci1-) f the City for its approval, which map is hereby referred to and c. WHEIlEAS, Subdivider has requested approval of the map the construction and completion of improvements, all streets, highways or public ways and public utility aci1ities which are a part of, or appurtenant to, the ubdivision (hereinafter called -subdivision-) designated in the ap, all in accordance with, and as required by, the Plans and pecifications for all or any of said improvements in, l1lll1ts of subdivision, which Plans d Specifications are now on file in the Office of "the City gineer of the City: and, 11IIg1 [Subdiv1lllp.Agr] 1 eptember 20, 1990 c o 15 16 17 18 19 20 21 22 23 24 25 C 26 27 28 1 2 D. WHEREAS, Council has approved said map and accepted 3 the dedications therein offered, or some thereof, on condition 4 that Subdivider first enter into and execute this Agreement with 5 the City: and, 6 E. WHEREAS, This Agreement is executed pursuant to the 7 provisions of the Subdivision Map Act of the State of CalifOrnia 8 and Title 19 San Bernardino Municipal Code. 9 HOW '.l'BEREFORE, for and in consideration of the approval of 10 the map and of the acceptance of the dedications, or some 11 thereof, therein offered and in order to insure satisfactory 12 performance by Subdivider of Subdivider's obligations under said 13 Subdivision Map Act and said Ordinance, the parties agree as 14 follows: 1. Perforaence 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, ere necessary or required to complete the work. 2. Work: Places IIIId Grades to be P1.zed by Bng1neer. 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 BAS/mgl [Subdivimp.Agr] 2 September 20, 1990 c 1 2 said City Engineer. 3 3. Work: Time for Co_encement and Performance. City 4 hereby fixes the time for the completion of said work to be 7 8 9 10 11 12 13 C 14 15 16 17 18 19 20 c 5 wi thin .24 ""..AI-/-; $ from the date hereof. 6 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 Replacements. 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 21 all property damaged or destroyed by reason of any work done 22 hereunder, whether such property be owned by the United states, 23 or any agency thereof, or the State of California, or any agency 24 or political subdivision thereof, or by the City, or by any 25 public or private corporation, or by any person whomsoever, or by 26 any combination of such owners. Any such repair or replacement 27 shall be to the satisfaction, and subject to the approval, of the. 28 City Engineer. BAS/mgl[Subdivimp.Agr] 3 September 20, 1990 c 1 2 6. Ut;Ll;Lty Depos;Lts - Statemen't. Subdivider shall file 3 with the C;Lty Clerk, prior to the commencement of any work to be 4 performed wi thin the area delineated on the map, a wr;L tten 5 statement signed by Subdivider, and each publ;Lc ut;Ll;Lty 6 corporat;Lon ;Lnvolved, to the effect that Subdivider has made all 7 deposits legally required by such public utility corporation for 8 the conn.ction of any and all public utilities to be supplied by 9 such publiC utility corporation with;ln the Subdivision. 10 7. Permits: COmpliance with Law. Subdivider shall, at '11 Subdivider's expense, obtain all necessary permits and licenses 12 for the construction of such improvements, give all necessary 13 notices and pay all' fees and taxes required by law. Subdivider 14 shall comply with all provisions of the Subdivision Map Act and 15 'l'itle 19 San Bernardino Mun;Lcipal Code. 16 8. Superintendence by Subdivider. Subdivider shall give 17 personal superintendence to the work on said improvement, or have 18 a competent foreman or superintendent, satisfactory to the City Engineer on the work at all times during progress, with authority to act for Subdivider. c 19 20 21 22 23 24 25 26 C 27 28 9. Inspect;Lon by C;Lty. Subdivider shall at all times mainta;Ln proper facilities and provide safe access for inspection by City to all parts of the work and to the shops where;Ln the work is in preparation. 10. Contract Security. 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') BAS/mgl[Subdivimp.Agr] 4 September 20, 1990 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III c c c 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 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. BAS/mgl [Subdivimp.Agr] 5 September 20, 199G c c c 1 2 11. Subdivider's Insurance. Subdivider shall not commence 3 work under this Agreement until Subdivider shall have obtained 4 all insurance required under this paragraph, and such insurance 5 shall have been approved by City Attorney as to form, amount and 6 carrier, nor shall Subdivider allow any contractor or 7 subcontractor to commence work on his contract or subcontract 8 until all similar insurance required of the contractor or 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. ea> Workers Compensation Insurance/Emplover"s Liability Insurance. 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 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 /mgl [Subdivimp.Agr] 6 eptember 20, 1990 c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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 LiabiU.1:y :Insurance. In an amount not less than One Million Dollars (Sl,OOO,OOO.OO) for injuries, including, but not limited to, death, to anyone person, and, subject to the same limit AS/mgl[Subdivimp.Agr] 7 eptember 20, 1990 c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for each person, in an 'amount not less than One Million Dollars (Sl,OOO,OOO.OO) on account of any one occurrence: Product Liability Insurance coverage should be part of the Public Liability Insurance: (2) Property Damage Insurance. In an amount not less than One Million Dollars (Sl,OOO,OOO.OO) for damage to the property of each person on account of anyone 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) '!'a1.1 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 (l) year from completion of the project. All AS/mgl[Subdivimp.Agr] .8 eptember,20, 1990 c c c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 subcontractors must and shall comply with the same insurance provisions as the contractor(s) and subdivider ( s ) . (4) Personal :Injury - Defmed. 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, on invasion of personal rights, including libel or slander criminal conversation, malicious prosecution, false imprisonment and mental suffering. 12. Evidence of :Insurance. Subdivider and contractor 16 shall furnish City, concurrently with the execution hereof,with 17 satisfactory evidence of the insurance required, and evidence 18 that City is named and endorsed on the policy as an additional 19 20 21 22 23 24 25 26 27 insured. Subdivider and contractor shall also provide City with evidence that each carrier will be required to give City at least ten (10) days prior written notice of the cancellation or reduction in coverage of any policy during the effective period of 'this Agre_ent. Bold Barmless/:Indemnifica~ion. 13. Subdi vider( s) / Developer(s) hereby agree to and shall pro~ec~, defend, ind~fy and hold ~he City and its elective and appointive boards, commissions, officers, agents, employees and servants free and 28 harmless from any and all liability losses, damages, claims, BAS/mgl [Subdivimp.Agr] 9 September 20. 1990 c c c 1 2 liens, demands and cause of action of" every kind and characte 3 including, but not limited to, the amounts of judgments, 4 penalties, interests, court costs, attorney's/legal fees, and all 5 other expenses incurred by the City arising in favor on any 6 party, including claims, liens, debts, demands for lost wages or 7 compensation, personal injuries, including employees of the City, 8 death or damages to property (including property of the City) and 9 without limitation by enumeration, all other claims or demands of 10 every character occurring or in any way incident to, in 11 connection with or arising directly or indirectly, (including 12 from the negligent performance by its officers, employees, 13 agents) from the terms of this Agreement, whether such 14 operations/incidents are caused by contractor, Subdivider or any 15 of contractor/Subdivider's subcontractors, contractors or by any 16 one or more persons directly or indirectly employed by or acting 17 as agent for contractor, Subdivider, or anyone of contractor or 18 Subdivider's contractors or subcontractors. Subdivider/Developer 19 shall investigate, handle, respond to, provide defense for and 20 defend any such claims, demand, or suit at the sole expense of 21 the Subdivider/Developer even if the claim or claims alleged are 22 groundless, false or fraudulent. Subdivider agrees to, and 23 shall, defend City, its appointive boards, commissions, officers, 24 agents and employees from any suits or actions at law or in 25 26 27 28 equity for dlllllBges 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 against Subdivider which it may have by reason rights I of the BAS/mgl[Subdivimp.Agr] .10 September 20, 1990 c 1 2 aforesaid hold harmless agreement, because of the 3 acceptance by City, or the deposit with City by 4 Subdivider, or any of the insurance policies described 5 in Paragraph 11 hereof. 6 (b) That the aforesaid hold harmless agreement by 7 Subdivider shall apply to all damages and claims for 8 damages of every kind suffered, or alleged to have 9 been suffered, by reason of any of the aforesaid 10 operations referred to in this paragraph, regardless 11 of whether or not City has prepared, supplied or 12 approved of Plans and/or Specifications for the 13 subdivision, or regardless of whether or not such 14 insurance policies shall have been determined to be 15 applicable. to any of such damages or claims for 16 damages. 17 This provision is not intended to create any cause of action in 18 favor of any third party against Subdivider/Developer or the City 19 or to enlarge in any way the Subdivider's/Developer's liability 20 but is intended solely to provide for indemnification of the City 21 from liability for damage or injuries to third persons or 22 roperty arising from Subdivider/Developer'. performance 23 24 25 26 27 28 // 1~. 'rit:le 1:0 y_......,,--'rt:s. Title to, and ownership of, ~ov..ents constructed hereunder by Subdivider shall vest bsolutely in City, upon completion and acceptance of such c c ents by City. /mgl[Subdivilllp.Agr] 11 eptember 20, 1990 c c c 1 2 3 4 5 6 7 8 9 10 11 12 Subdivider fail to act promptly or in accordance with this 13 requirement, or should the exigencies of the situation as 14 determined by the City in the exercise of its sole discretion 15 require repair, replacement or reconstruction before the 16 Subdivider can be notified, City may, at its option, make the 17 necessary repairs or replacements or perform the necessary work, 18 and Subdivider shall pay to the City the actual cost of such 19 repairs plus fifteen percent (15t). 16. Subdivi.der Not; Agent of CiW. 15. Repair 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 structure. Should 20 21 22 23 24 25 26 27 28 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 Enaineer1.na and ~on. 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. AS/mg1[Subdivimp.Agr) 12 eptembar 20, 1990 c c c 1 2 lB. Not~ce of Breach and Defauit. If Subdiv~der refuses 3 4 5 the time specified, or any extensions thereof, or fails to obtain. 6 7 or fails to obtain prosecut~on of the work, or any severable part thereof, with such diligence as will ~nsure its completion within completion of said work within such time, or if the Subdivider should be adjudged a bankrupt, or Subdivider should make a 8 general assignment for the benefit of Subdivider's creditors, or 9 10 if a receiver should be appointed ~n the event of Subdivider's insolvency, or if Subdivider, or any of Subdivider's contractors, 11 subcontractors, agents or employees, should violate any of the 12 provis~ons of this Agreement, City Engineer or C~ty Counc~l may 13 serve written notice upon Subdiv~der and Subdivider's surety of 14 breach of this Agreement, or of any portion thereof, and default 15 of Subdivider. 16 19. Breach of AQ:ca..snt: Performance by Surety or City. 17 In the event of any such notice, Subdivider's surety shall have 18 the duty to take over and complete the work and the ~provement 19 herein specified: provided, however, that if the surety, within 20 five days after the serving upon of such not~ce of breach, does 21 not give City written notice of its intention to take over the 22 performance of the contract, and does not commence performance 23 thereof within f~ve days after notice to City of such elect~on, 24 City may take over the work and prosecute the same to completion, 25 by contract or by any other method City may deem advisable, for 26 the account and at the expense of Subdivider, and Subdivider's 27 surety shall be liable to City for any excess cost or damages 28 occasioned City thereby: and, in such event, City, without BAS/mgl[Subdiv~p.Agr] 13 September 20, 1990 c c c 1 2 l~ab~l~ty for so do~ng, may take possess~on of, and ut~l~ze ~n 3 complet~ng the work, such mater~als, appl~ances, plant and other 4 property belong~ng to Subd~v~der as may be on the s~te of the 5 work and necessary therefor. 6 20. Not~ces.All not~ces here~n requ~red shall be ~n 7 wr~t~ng, and del~vered ~n person or sent by reg~stered ma11, 8 postage p~epa~d. 9 (a) Not~ces requ~red to be g~ven to C~ty shall be 10 addressed as follows: 11 C~ ty A~n~strator C~ ty Hall 12 300 North -Dft street San Bernard~no, Cal~fo~a 13 14 15 16 17 18 19 20 21 92418 (b) Not~ces requ~red to be g~ven to Subdiv~der shall be .ddressed as follows: Verdemant Ranch. LLC c/a Narthwaads Canst. Co. 1710 W. .Arrow Hwv 111. Upland, CA 91786 (c) NoUces r8Q\dred to be g~v.n to surety of Subdiv~der shall be .ddressed .s follows: American Motorist Insurance, Co. c/o Lou Jones & Assocaites 7470 N. Figueroa st., Los Angeles, CA 90041 22 Prov~ded that any party or the surety may change such address by 23 not~ce ~n wr~ t~ng to the other party, and, thereafter, not~ces 24 .h.ll be .ddr....d and tr~ tted to the new addre.s. 25 21. Succ...or. Bound. '1'h~B Agreement .hall be b~nding 26 upon and ~ure to the benef~t of ..ch of the part~es and the~r 27 r.spect~ve legal represantat~ves, Buccessors, he~rs and .ss~gns. 28 1/1 Imgl[Subdiv1mp.Agr] 14 September 20, 1990 c c c 1 2 XN WXTNESS WHEREOF, the parties hereto have executed this 3 Agreement on the day and year first above written. 4 ATTEST: CITY OF SAN BERNARDINO 5 6 7 8 9 10 11 By: Judith Valles, Mayor Ci ty. of San Bernardino City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney, SUBDIVIDER: By,~CH' Wyn C. Holmes President Northwood Canst. Ca. Its Managing Member l:NSTRUCTl:ONS LLC 12 13 14 15 _ecuted in the co~ate name and signedt,y the President or a 16 Inc. If the Subdivider is a corporation, the Agreement must be Vice-President and the Secretary or Assistant Secretary, and, the 17 corporate .eal affixed., If the Subdivider is a partnership, it 18 must be signed by all partners. Xf the Subdivider is an 19 individual doing business under a fictitious name, it must be 20 signed by all persona having an interest in the business, and the 21 fictitious name must be signed also. The Agreement must be 22 notarized. 23 24 25 STATE OF CALIFORNl:A ) ) ss. ) COUNTY OF 26 27 28 On this day of , 19 , before e, the undersigned, a Notary Public in and for said County and tate, personally appeared er80nally known to me (or proved to me on the basis of aUsfactory evidence to be the President, and AS/mgl[Subdivimp.A;r] lS ept_bar 20, 1990 -/ r C c c 1 2 persona1ly known to me (or proved sat~sfactory ev~dence) to be the of the corporat~on that executed the w~ tMn ~nstrument, and known to me to be the persons who executed the w~tMn ~nstrument 5 on beha1f of the corporat~on therein named, and acknowledged 6 to me that such corporation executed the same, pursuant to 7 its by-laws, or a resolution of its Board of Directors. 8 WITNESS my hand and offic~al seal. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 4 Notary S~gnature /mgl[Subdivilllp.Agr] 16 eptember 20, 1990 to me on the bas~s of (This area for off~cial seal.) CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT d~----' County of On APRIL 5, 1999 SAN BERNARDINO before me, THE UNDERSIGNED Date Name and Title of omcer (e.g.. "Jane Doe, Notary Public") personally appeared WYN C. HOLMES Name(s) of Signer(s) ~erSonallY known to me - OR - 0 proved to me on the basis of satisfactory evidenc~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 hislher/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ~:J1Trt!~'1.'..ee~ Z @ tw<<:VB.8ILBB~~ Z S. COllU. 11123'143 S P . _fIIIlIJIl.~p I _e&IW1tt,I];~ccu:m I . ... __.....~Il.lIllIII _. LiJI.lt 11~~ae.eeoM'}OM..)6~'.-.se.:m.a WITNE S my hand:M1. Signature of Notary Public NANCY B. SI c OPTIONAL Though the information below is not required by Jaw, it may prove valuable to persons relying on the document an fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ll.c::RF.F.MF.lIl'I' Document Date: APRIL 5, 1999 Number of Pages: 15 Signer(s) Other Than Named Above: ,nIDTTR Vll.T.T.F_C:. Mll.YOR Capacity(ies) Claimed by Signer(s) Signer's Name: WYN c. HOLMES Signer's Name: o Individual ~ Corporate Officer Title(s): PRF,sIDF.IirI' o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUt.1BPAINT OF SIGNER o Individual o Corporate Officer Tllle(s): o Partner - 0 Limited 0 General o Attorney-in-Fact o Trustee o Guardian or Conservator o Other: Top of thumb here RIGHT THUMBPRINT OF SIGNER c Signer Is Representing: Signer Is Representing: VERDEMCNl' RANCH L. L.C. 01995 National NoI:ary A88ociatiOr'l- 8236 RemmetAve., P.O. Box 7184. Canoga Park, CA91309-7184 Prod. No. 5907 Reorder. 081 ToN-Free 1-800-876-6827