HomeMy WebLinkAbout15- Development Services `. sus.. a :•'! C 3 8
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: William Woolard, Interim Director Subject: Resolution approving Final Map
for Tentative Tract No. 15826 located at
Dept: Development Services the Southwest Corner of Wier Road and
Waterman Avenue.
Date: July 26, 2000
File: 11.03 MCC Date: August 21, 2000
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
William Woolard
Contact person: Youn H. Kim Phone: 5027
Supporting data attached: Staff Report, Map, Resolution Ward: 3
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.) N/A
(Acct. Description) N/A
Finance:
Council Notes:
Agenda Item No.
0
1100
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject
Resolution approving Final Map for Tentative Tract No. 15826 located at the Southwest corner
of Wier Road and Waterman Avenue.
Background:
The Planning Commission on February 16, 1999 approved Tentative Tract No. 15826, which
is a 78 lot single family residential subdivision.
The required improvement securities and certificates of insurance have been filed with this
office and the prescribed fees have been paid. The improvement and grading plans have been
prepared and will be 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.
1 RESOLUTION NO.
2
3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING THE FINAL MAP FOR SUBDIVISION
4 TRACT NO. 15826, LOCATED AT THE SOUTHWEST CORNER OF WIER ROAD
AND WATERMAN AVENUE, ACCEPTING THE PUBLIC DEDICATIONS AS SET
5 FORTH ON SAID MAP; AND AUTHORIZING EXECUTION OF THE STANDARD
6 FORM OF AGREEMENT FOR THE IMPROVEMENTS IN SAID SUBDIVISION,
WITH TIME FOR PERFORMANCE SPECIFIED.
7
8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
9
10 SECTION 1. The Mayor and Common Council find that proposed Subdivision Tract
11 No. 15826, located at the Southwest corner of Wier Road and Waterman Avenue, together
12
with the provisions for their design and improvements, is consistent with the General Plan of
13
14 the City of San Bernardino.
15 SECTION 2. The Mayor of the City of San Bernardino is authorized on behalf of
16 said City to execute the standard form of agreement adopted by Resolution No. 84-8 with SB
17 SWC Village II, LLC for improvements in said subdivision tract as are required by Title 19
18
of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for
19
20 performance is specified at 24 months. Said improvements are specifically described and
21 shown on Drawings approved and on file in the office of Development Services of the City of
22 San Bernardino.
23
SECTION 3. The Final Map of said subdivision tract is hereby approved and the City of
24
25 San Bernardino hereby accepts as public property all dedications within the subdivision as
26 shown on said Final Map for streets, alleys (including access rights), drainage and other
27 public easements. As a condition precedent of approval of the Final Map, the Subdivider
28 I /
O-Z1166
1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15826...ACCEPTING THE PUBLIC DEDICATIONS...AND AUTHORIZING
2 EXECUTION OF THE STANDARD FORM OF AGREEMENT...WITH TIME FOR
3 PERFORMANCE SPECIFIED.
4 shall first execute the agreement referenced in Section 2 hereof for the improvements within
5 said Subdivision.
6
7 The City Clerk shall certify the approval and acceptance of the Mayor and Common Council
8 as set forth in this Resolution.
9 SECTION 4. This Resolution is rescinded if the parties to the agreement fail to execute it
10 within sixty (60) days of the passage of this Resolution.
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1 RESOLUTION...APPROVING FINAL MAP FOR SUBDIVISION TRACT NO.
15826...
2
3
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
5 and Common Council of the City of San Bernardino at a meeting thereof, held on
6 the day of , 2000, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
ESTRADA
9
10 LIEN
11 MC GINNIS
12
SCHNETZ
13
14 SUAREZ
15 ANDERSON
16 MC CAMMACK
17
18 City Clerk
19
20 2000. The foregoing resolution is hereby approved this day of ,
21
22 Judith Valles, Mayor
23 City of San Bernardino
Approved as to
24 Form and legal content:
25
26 JAMES F. PENMAN,
City Attorney
27
By'
28
A
ur
.E ®FFICe
0
SECRETARY OF STATE
I, BILL JONES, Secretary of State of the State of California,
hereby certify:
That the attached transcript of page(s) was
prepared by and in this office from the record on file, of
which it purports to be a copy, and that it is full, true
and correct.
IN WITNESS WHEREOF, I execute this
certificate and affix the Great Seal of
s.AL o� ry the State of California this day of
t EUFt EK*q .�
APR 0 7 2000
Q Y
W �
0 q C F FRN�p Secretary of State
State of California
File# Z
- Bill Jones FILED
Secretary of State Infegffceof the Secretary ofState
of the State of Califomia
LIMITED LIABILITY COMPANY APR - 5 2000
ARTICLES OF ORGANIZATION
A$70.00 filing fee must accompany this form. '
IMPORTANT-Read instructions before completing this form.
BILL JONES,Secretary of State
This Space For Filing Use Only
1. Name of the limited liability company (end the name with the words"Limited Liability Company,'"Ltd.Liability Co.,"or the abbreviations"LLC'or
"L.L.C.")
SB SWC Village 11 , LLC
2. The purpose of the limited liability company is to engage in any lawful act or activity for which a limited liability company may be
organized under the Beverly-Killea limited liability company act.
3. Name the agent for service of process and check the appropriate provision below:
Steve Berzansky which is
[X] an individual residing in California. Proceed to item 4.
[ ] a corporation which has filed a certificate pursuant to section 1505. Proceed to item 5.
4. If an individual, California address of the agent for service of process:
Address: 7161 Indiana Ave
Oil Riverside State: CA zip Code: 92504
5. The limited liability company will be managed by: (check one)
[ ]one manager [ ]more than one manager ( ]single member limited liability company I] all limited liability company members
6. Other matters to be included in this certificate may be set forth on separate attached pages and are made a part of this certificate.
Other matters may include the latest date on which the limited liability company is to dissolve.
7. Number of pages attached,if any:
8. Type of business of the limited liability company.(For informational purposes only)
9. DECLARATION: It is hereby declared that 1 am the person who executed this instrument,which execution is my act and deed.
J�2& - Kelly-Ann Clark
Signature of Organi r Type or Print Name of Organizer
1
4/5/00
Date
10. RETURN TO: �� y A,
NAME
FIRM rWfl s
ADDRESS
CITY/STATE 'q/�/�Q
ZJP CODE L
SECISTATE (REV. 12199) FORM LLC-1—FILING FEE$70.00
Approved by Secretary of State
1 AGREEMENT
2 (Subdivision Improvements)
3 THIS AGREEMENT is made and entered into as of this
4 day of 20 by and between the CITY OF SAN
5 BERNARDINO, a Municipal Corporation, hereinafter referred to as
"City", and SB SWC Village II , LLC
g hereinafter
7 referred to as "Subdivider" .
8 RECITALS
9 A. WHEREAS , Subdivider has presented to City for
10 approval a final subdivision map ( hereinafter called "map" )
11
entitled Tract 15826
12
13 ; and,
14 B. WHEREAS, the map has been filed with the City for
15 presentation to the City Council (hereinafter called "Council" )
16 of the City for its approval, which map is hereby referred to and
17 incorporated herein; and,
18 C. WHEREAS, Subdivider has requested approval of the map
19 rior to the construction and completion of improvements ,
20 including all streets, highways or public ways and public utility
21 acilities which are a part of, or appurtenant to, the
22 subdivision (hereinafter called "subdivision" ) designated in the
23 map, all in accordance with, and as required by, the Plans and
24 Specifications for all or any of said improvements in,
25 appurtenant to, or outside the limits of subdivision, which Plans
26 and Specifications are now on file in the Office of the City
27 Engineer of the City; and
28 AS/mgl[Subdivimp.Agr] 1
September 20, 1990
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 NOW THEREFORE, 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:
15 1. Performance of Work. Subdivider will do and perform,
16 or cause to be done and performed, at Subdivider's own expense,
17 in a good and workmanlike manner, and furnish all required
18 materials, all to the satisfaction of the City Engineer of City,
19 the work and improvements within (and/or without) the subdivision
20 to complete the improvements in accordance with the Plans and
21 Specifications on file as hereinbefore specified, or with any
22 changes required or ordered by said Engineer which, in his
23 opinion, are necessary or required to complete the work.
24 2. Work: Places and Grades to be Fixed by Engineer. All
25 of said work is to be done at the places, of the materials, in
26 the manner, and at the grades, all as shown upon the Plans and
27 Specifications therefor, heretofore approved by City Engineer and
28 which are now on file in his rffice, and to the satisfaction of
BAS/mgl[Subdivimp.Agr] 2
sentember 20. 1990
1
2 said City Engineer.
3 3. Work: Time for Commencement and Performance. City
4 hereby fixes the time for the completion of said work to be
5 within 24 Mnnth., from the date hereof.
6 4. Time of Essence - Extension. Time is of the essence of
7 this Agreement; provided that, in the event good cause is shown
8 therefor, the City Engineer may extend the time for completion of
9 the improvements hereunder. Any such extension may be granted
10 without notice to the Subdivider' s surety, and extensions so
11 granted shall not relieve the surety's liability on the bond to
12 secure the faithful performance of this Agreement. The City
13 Engineer shall be the sole and final judge as to whether or not
14 good cause has been shown to entitle Subdivider to an extension.
15 5. Repairs and Replacements. Subdivider shall replace, or
16 have replaced, or repair, or have repaired, as the case may be,
17 all pipes and monuments shown on the map which have been
18 destroyed or damaged, and Subdivider shall replace, or have
19 replaced, repair, or have repaired, as the case may be, or pay to
20 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
-NM 1 AAA
1
2 6. Utility Deposits - Statement. Subdivider shall file
3 with the City Clerk, prior to the commencement of any work to be
4 performed within the area delineated on the map, a written
5 statement signed by Subdivider, and each public utility
6 corporation involved, to the effect that Subdivider has made all
7 deposits legally required by such public utility corporation for
8 the connection of any and all public utilities to be supplied by
9 such public utility corporation within 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 Title 19 San Bernardino Municipal 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
19 Engineer on the work at all times during progress, with authority
20 to act for Subdivider.
21 9. Inspection by City. Subdivider shall at all times
22 maintain proper facilities and provide safe access for inspection
23 by City to all parts of the work and to the shops wherein the
24 work is in preparation.
25 10. Contract Security. Concurrently with the execution
26 hereof, Subdivider shall furnish to City improvement security as
27 follows:
28 (a) An amount equal to at least one hundred percent (100%)
BAS/mgl[Subdivimp.Agr] 4
ContumhAr 2n 1990
1
2 of the total estimated cost of the improvement and
3 acts to be performed as security for the faithful
4 performance of this Agreement;
5 (b) An amount equal to at least fifty percent ( 50%) of the
6 total estimated cost of the improvements and acts to
7 be performed as security for the payment of all
8 persons performing labor and furnishing materials in
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 and
12 acts to be performed as security for the guarantee and
13 warranty of the work for a period of one ( 1 ) year
14 following the completion and acceptance thereof
15 against any defective work or labor done, or defective
16 materials furnished.
17 As a part of the obligation guaranteed by the
18 security and in addition to the face amount of the
19 security, there shall be included costs and reasonable
20 expenses and fees, including reasonable attorney' s
21 fees, incurred by City in successfully enforcing the
22 obligation secured. The type of security furnished
23 shall be in the form of bonds, deposits or letters of
24 credit as provided in Title 19 San Bernardino
25 Municipal Code, and the type shall be at the option of
26 and subject to the approval of the City Engineer and
27 the City Attorney.
28
BAS/mgl[Subdivimp.Agr] 5
September 20, 199D
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 subcontractor shall have been so obtained and approved. All
10 requirements herein provided shall appear either in the body of
11 the insurance policies or as endorsements and shall specifically
12 bind the insurance carrier.
13 (a) Workers Compensation Insurance/Employer's Liability
14 Insurance. Subdivider shall maintain, during the life
15 of this Agreement, Worker's Compensation Insurance and
16 Employer's Liability Insurance for all Subdivider' s
17 employees employed at the site of improvement, and, in
18 case any work is sublet, Subdivider shall require any
19 contractor or subcontractor similarly to provide
20 Worker ' s Compensation Insurance and Employer ' s
21 Liability Insurance for all contractor ' s or
22 subcontractor's employees, unless such employees are
23 covered by the protection afforded by Subdivider. In
24 case any class of employees engaged in work under this
25 Agreement at the site of the project is not protected
26 under any Worker's Compensation Law, Subdivider shall
27 provide , and shall cause each contractor and
28 subcontractor to provide, adequate insurance for the
AS/mgl[Subdivimp.Agr] 6
entemhPr 7n 1 99n
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 or
5 any contractor or subcontractor to take out or
6 maintain such insurance.
7 (b) Public Liability and Property Damage Insurance.
8 Subdivider shall take out and maintain, during the
9 life of this Agreement, such public liability and
10 property damage insurance as shall insure City, its
11 elective and appointive boards, commissions, officers,
12 agents and employees, Subdivider and any contractor or
13 subcontractor performing work covered by this
14 Agreement from claims for damages for personal injury,
15 ( as defined hereunder) , including death, as well as
16 from claims for property damage or product liability
17 which may arise from Subdivider' s or any contractor's
18 or subcontractor's operations hereunder, whether such
19 operations be by Subdivider or any contractor or
20 subcontractor, or by anyone, including , without
21 limitation , agents , employees or independent
22 contractors, directly or indirectly employed by either
23 Subdivider or any contractor or subcontractor, and the
24 amounts of such insurance shall be as follows:
25 (1) Public Liability Insurance. In an amount not
26 less than One Million Dollars ( $1,000,000.00) for
27 injuries, including, but not limited to, death,
28 to any one person, and, subject to the same limit
AS/mgl[Subdivimp.Agr] 7
1
2 for each person, in an 'amount not less than One
3 Million Dollars ($1,000,000.00) on account of any
4 one occurrence ; Product Liability Insurance
5 coverage should be part of the Public Liability
6 Insurance;
7 (2) Property Damage Insurance. In an amount not less
8 than One Million Dollars ( $1,000,000.00)
9 for damage to the property of each person on
10 account of any one occurrence.
11 In the event that any of the aforesaid insurance
12 policies provided for in this Paragraph 11 insures any
13 entity, person, board or commission other than those
14 mentioned in this paragraph, such policy shall contain
15 a standard form of cross-liability endorsement,
16 insuring on such policy City, its elective and
17 appointive boards, commissions, officers, agents and
18 employees , Subdivider and any contractor or
19 subcontractor performing work covered by this
20 Agreement.
21 (3) Tail Coverage. Insurance coverage, albeit for
22 public liability or property damage, shall be
23 written, if possible, on an "occurrence" form
24 rather than a "claims made" policy. If the
25 insurance policy is written on a "claims made"
26 policy, then additional coverage, entitled "tail
27 coverage" must be purchased to cover a period of
28 one ( 1 ) year from completion of the project. All
AS/mgl[Subdivimp.Agr] 8
� 1
2 subcontractors must and shall comply with the
3 same insurance provisions as the contractor( s )
4 and subdivider(s) .
5 (4) Personal Injury - Defined. As used herein, the
6 term "personal injury" shall be defined as a hurt
7 or damage to one ' s
g person including, without
8 limitation, damage to health, cuts, bruises ,
9 broken limbs and/or bones , or the like,
10 disabilities or impairments , including
11 aggravation of existing injuries, on invasion of
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 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 insured. Subdivider and contractor shall also provide City with
20 evidence that each carrier will be required to give City at least
21 ten ( 10 ) days prior written notice of the cancellation or
22 reduction in coverage of any policy during the effective period
23 of this Agreement.
24 13 . Hold Harmless/Indemnification. Subdivider( s )/
25 Developer(s) hereby agree to and shall protect, defend, indemnify
26 and hold the City and its elective and appointive boards,
27 commissions, officers, agents, employees and servants free and
28 harmless from any and all liability losses, damages, claims,
BAS/mgl[Subdivimp.Agr] 9
1
2 liens, demands and cause of action of' every kind and character
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 any one 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 equity for damages caused, or alleged to have been caused, by
26 reason of any of the aforesaid operations, provided as follows:
27 (a) That City does not, and shall not, waive any rights
28 against Subdivider which it may have by reason of the
BAS/mgl[Subdivimp.Agr] 10
•
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 f or
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 property arising from Subdivider/Developer ' s performance
23 hereunder.
24 14. Title to Improvements. Title to, and ownership of,
25 all improvements constructed hereunder by Subdivider shall vest
26 absolutely in City, upon completion and acceptance of such
27 improvements by City.
28
AS/mgl[Subdivimp.Agr] 11
1
2 15. Repair or Reconstruction of Defective Work. If,
3 within a period of one year after final acceptance of the work
4 performed under this Agreement, any structure or part of any
5 structure furnished and/or installed or constructed, or caused to
6 be installed or constructed by Subdivider, or any of the work
7 done under this Agreement , fails to fulfill any of the
8 requirements of this Agreement or the Specifications referred to
9 herein, Subdivider shall, without delay and without any cost to
10 City, repair or replace or reconstruct any defective or otherwise
11 unsatisfactory part or parts of the work or structure. Should
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 (15%) .
20 16. Subdivider Not Agent of City. Neither Subdivider nor
21 any of Subdivider' s agents or contractors are, or shall be,
22 considered to be agents of City in connection with the
23 performance of Subdivider's obligations under this Agreement.
24 17. Cost of Engineering and Inspection. Subdivider shall
25 pay to City the costs of all permit fees for all engineering
26 inspections and other services connected with the City in regard
27 to the subdivision. Said fees shall be paid prior to commencing
28 any construction.
AS/mgl[Subdivimp.Agr] 12
eDtember 20. 199n
1
2 18. Notice of Breach and Default. If Subdivider refuses
3 or fails to obtain prosecution of the work, or any severable part
4 thereof, with such diligence as will insure its completion within
5 the time specified, or any extensions thereof, or fails to obtain
6 completion of said work within such time, or if the Subdivider
7 should be adjudged a bankrupt, or Subdivider should make a
8 general assignment for the benefit of Subdivider's creditors, or
9 if a receiver should be appointed in the event of Subdivider' s
10 insolvency, or if Subdivider, or any of Subdivider's contractors,
11 subcontractors, agents or employees, should violate any of the
12 provisions of this Agreement, City Engineer or City Council may
13 serve written notice upon Subdivider and Subdivider's surety of
14 breach of this Agreement, or of any portion thereof, and default
15 of Subdivider.
16 19. Breach of Agreement; 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 improvement
19 herein specified; provided, however, that if the surety, within
20 five days after the serving upon of such notice 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 five days after notice to City of such election,
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[Subdivimp.Agr] 13
1
2 liability for so doing, may take possession of, and utilize in
3 completing the work, such materials, appliances, plant and other
4 property belonging to Subdivider as may be on the site of the
5 work and necessary therefor.
6 20. Notices. All notices herein required shall be in
7 writing, and delivered in person or sent by registered mail,
8 postage prepaid.
9 (a) Notices required to be given to City shall be
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 be
15 addressed as follows:
16 7161 Indiana Ave_._, Riverside , CA 92504
17
18 (c) Notices required to be given to surety of Subdivider
19 shall be addressed as follows:
20 Frontier Pacific , 4250 Executive Square , Ste 200
21 La Tnl 1 a ' CA 92037
22 Provided that any party or the surety may change such address by
23 notice in writing to the other party, and, thereafter, notices
24 shall be addressed and transmitted to the new address.
25 21. Successors Bound. This Agreement shall be binding
26 upon and inure to the benefit of each of the parties and their
27 respective legal representatives, successors, heirs and assigns.
28 ///
BAS/mgl[Subdivimp.Agr] 14
1
2 IN WITNESS 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 City Clerk By.
Judith Valles, Mayor
7 Approved as to form City of San Bernardino
and legal content:
g SUBDIVIDER:
JAMES F. PENMAN,
9 City Attorney,
By:
10 _
By: By:
12
13 INSTRUCTIONS
14 If the Subdivider is a corporation, the Agreement must be
15 executed in the corporate name and signed by the President or a
16 Vice-President and the Secretary or Assistant Secretary, and the
17 corporate seal affixed.. If the Subdivider is a partnership, it
18 must be signed by all partners . If the Subdivider is an
19 individual doing business under a fictitious name, it must be
20 signed by all persons having an interest in the business, and the
21 fictitious name must be signed also. The Agreement must be
22 notarized.
23
24 STATE OF CALIFORNIA
25 COUNTY OF ; ss.
26
On this day of 19 , before
e, the undersi
geed, a Notary Public in and for said County and
27 State, personally appeared
28 personal ly known to me ( or proved to me on the basis of
atisfactory evidence to be the President, and
AS/mgl[Subdivimp.Agr] 15
eptember 20. 1990
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
' ss. �)
County of
On , before me,
Dates Name and Title of Officer ane Doe,Notary Public")
personally appeared
f ,•' Name(s)of Signer s) j
�kl5ersonally known to me
❑ proved to me on the basis of satisfactory
evidence
I
y to be the person( whose name(sl!1s� 4:&
GERALDINEBJORNSON subscribed to th6within instrument and
Commission# 1193295 acknowledged to me that-fiie/sheA#"-executed
< -: �1aryR, P the same in � isfkint Teir-- authorized I
Z MyComm F�we1a�J capacity(ias), and that by isthurk#eip
signature) on the instrument the personN, or
the entity upon behalf of which the person(,
acted, executed the instrument.
WIT , S my hand and official seal.
Place Notary Seal Above Signature N clary Public
j
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
I
Description of Attached Document
Title or Type of Document:
i
Document Date: Number of Pages:
I
i
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual '
Top of thumb here
(; ❑ Corporate Officer—Title(s):
I ❑ Partner—❑ Limited ❑ General
❑ Attorney in FactI
❑ Trustee
❑ Guardian or Conservator
❑ Other:
I
Signer Is Representing:
i
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Bo»2402•Chatsworth,CA 91313.2402•www.natiorudnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
State of California
! ss.
County of
On ? i` lei' '10, before me,
1� I G
D�te v Name and Titl o O�cer(g q.,"Jane Doe,Notary public")
personally appeared l`« -y
Name(s)of SignIr( �1
Zersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person( whose name 4,__s
subscribed to thewithin instrument and
I
=_tea
acknowledged to me that helsheith y executed
GBWJ31NEBJORNSON the same in Chi c/herltf e)r authorized
Commission#11932y5 capacity(ie�, and that by �hislhertthair'
Z Notary Public-Cclttc ft signature'(s�on the instrument the person(, or
RiversideCount�l the entity upon behalf of which the person{
MyCamm.Et�xCounty acted, executed the instrument.
WITN-S,-5,my hand and officio seal
( Place Notary Seal Above Signature of Notary ublici
OPTIC 7NAL '
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
i I
Description of Attached Document
Title or Type of Document:
I i
Document Date: Number of Pages:
"I
I
Signer(s) Other Than Named Above:
I
Capacity(ies) Claimed by Signer
Signer's Name:
❑ Individual
Top of thumb here
❑ Corporate Officer—Title(s):
❑ Partner—❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
i
r: �1
Signer Is Representing:
i
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder.Call Toll-Free 1-800-876-6827
1
2 personally known to me ( or proved to me on the basis of
3 satisfactory evidence) to be the
of the corporation that executed
4 the within instrument, and known
to me to be the persons who
executed the within instrument
5
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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20
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AS/mgl[Subdivimp.Agr] 16
eptember 20, 1990